AGENDA. 5. Mayor to proclaim June 2017 as Small Cities Month and Pride Month.

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1 AGENDA 6:30 P.M. June 13, 2017 A Regular Meeting of the City Council of the City of Coralville, Johnson County, IA will be held at City Hall, th Street on Tuesday, June 13, 2017 at 6:30 P.M. Recorded webcasts of Coralville City Council Meetings are available online at 1. Call to order. 2. Roll call. 3. Approve agenda. 4. Mayor to recognize Seasonal Parks Worker Ashley Neece, Police Officer Mike Darjania, Police Officer Jeff Barkhoff, Police Officer Kyle Nicholson for their teamwork, courage and action. 5. Mayor to proclaim June 2017 as Small Cities Month and Pride Month. 6. Citizen comments for 15 minutes. Additional comments to continue after the consent calendar if needed. (Please limit to 5 minutes.) 7. SANITARY SEWER RATES a) Ordinance No An ordinance amending Chapter 107 of the Code of Ordinances of the City of Coralville (2011), as previously amended, by changing the Sanitary Sewer Fees for 3 rd and final consideration. Note: This ordinance will change the sanitary sewer rates from a minimum charge of $9.85 to $11.15 per month for usage of 0 to 200 cubic feet and from $3.18 to $3.60 per 100 cubic feet of additional usage from July 1, 2017 to June 30, It will then change the sanitary sewer rates from a minimum charge of $11.15 to $12.50 per month for usage of 0 to 200 cubic feet and from $3.60 to $4.00 per 100 cubic feet of additional usage starting July 1, FIREWORKS REGULATION a) Ordinance No An ordinance amending the Section of the Code of Ordinances of the City of Coralville regarding Fireworks Regulation, for 2 nd consideration. b) Motion to collapse the third reading of Ordinance c) Ordinance No An ordinance amending the Section of the Code of Ordinances of the City of Coralville regarding Fireworks Regulation, for 3 rd and final consideration. Note: This will bring Coralville s Code of Ordinances into compliance with the Iowa General Assembly s newly passed Senate File 489 which will allow the sale and use of certain fireworks within the State of Iowa. Coralville will still ban the use of consumer fireworks within the City, but this ordinance will regulate the sale of fireworks within the City as allowed by state law. 9. CORAL RIDGE COMMERCE PARK a) Building Report. b) Planning & Zoning Commission Report. c) Approve the revised final plat for Coral Ridge Commerce Park Phase Five, Coralville Iowa. 1

2 Note: This is a final plat of a commercial lot for future development located on the Northwest corner of the Wheaton and Crosspark Roads intersection. d) Building Report. e) Planning & Zoning Commission Report. f) Approve the final plat for Coral Ridge Commerce Park Phase Six, Coralville Iowa. Note: This is a final plat of a commercial lot for future development located on the Southwest corner of the Wheaton and Crosspark Roads intersection. 10. WESTCOR BUSINESS PARK, PART 13 a) Building Report. b) Planning & Zoning Commission Report. c) Approve the preliminary plat for WestCor Business Park, Part 13, Coralville Iowa. d) Approve the final plat for WestCor Business Park, Part 13, Coralville Iowa. Note: This is a preliminary and final plat of one buildable lot and one outlot for future commercial development located at the Southwest corner of the WestCor Drive and 2 nd Street intersection, south of the railroad tracks. 11. STORM WATER PUMP STATIONS 7 & 8 MODIFICATIONS a) Bid report. b) Consider resolution accepting bids and awarding the contract for the Storm Water Pump Stations 7 & 8 Modifications. c) Consider resolution approving the contract and bond documents for the Storm Water Pump Stations 7 & 8 Modifications. Note: This will modify two storm water pump stations to protect vulnerable properties along Clear Creek; raise weir walls; add back-flow prevention; add back-up power and miscellaneous controls and gates. 12. IRL (IOWA RIVER LANDING) DRURY PARKING RAMP a) Consider resolution setting a public hearing on the plans, specifications, estimate of cost and form of contract for the IRL Drury Parking Ramp. Note: This is for the construction of a 2-story parking ramp to serve the Drury Inn. The public hearing will be June 27, ST AVENUE IMPROVEMENTS 6 TH STREET TO 9 TH STREET a) Consider resolution approving an Agreement with MidAmerican Energy Company to convert the existing overhead electrical line to underground along 1 st Avenue from 6 th Street to 9 th Street. Note: This is to relocate existing overhead primary distribution electrical lines along 1 st Avenue from 6 th Street to 9 th Street to underground and is not to exceed $168, ADMINISTRATIVE PAY SCALE a) Consider resolution approving an increase in the Administrative Pay Scale, Effective July 1, Note: This increase of 2.5% on July 1, 2017 is for employees not covered by a union contract and is equivalent to the increase approved recently in union contracts. 2

3 15. CONSENT AND ACKNOWLEDGMENT a) Consider resolution approving an Agreement for consent to transfer of ownership of that building located on Lot 11, Oakdale Research Park, Coralville, Iowa. Note: This agreement requires the assignees to assume all the responsibilities required in the original private redevelopment and forgivable loan agreements for the conveyance of the Leepfrog building. 16. MANAGEMENT SERVICES AGREEMENT a) Consider resolution approving the Management Services Agreement with Marriott Hotel Services, Inc, for Brown Deer Golf Club. Note: This is a renewal of the agreement with Marriott Hotel Services, Inc. for food and beverage services for Brown Deer Golf Club 17. DEVELOPMENT AGREEMENT a) Consider resolution setting a public hearing on the proposal to enter into a Development Agreement with CA/Argent Coralville, LLC. Note: This proposal is for a mixed-use development project on a 4.28 acre parcel located on the Southeast corner of the intersection of E. 7 th Street and 1 st Avenue. 18. EXCLUSIVE OPTION AGREEMENT a) Consider resolution approving a 9-month Exclusive Option Agreement with Fairway Suites Development, LLC. Note: This is a 9-month Exclusive Option Agreement for development of a hotel on the Brown Deer Golf Club Complex. 19. CONSIDER MOTION TO APPROVE CONSENT CALENDAR AS PRESENTED OR AMENDED: a) Approve minutes for the May 23, 2017 Coralville City Council Regular Meeting and the May 30, 2017 Coralville City Council Special Meeting. b) Approve Taxicab Company License for Big Ten Taxicab: 06/14/2017 to 05/31/2018. c) Approve Class B Liquor License with Sunday Sales for Radisson Coralville: Eff. 07/01. d) Approve Class C Liquor License with Sunday Sales for Cheddar s Casual Café: Eff. 07/01. e) Approve Special Class C Liquor License with Sunday Sales for Brush and Barrel: Eff. 07/01. f) Approve payment to Forever Green, Inc. for hydromulching, finish grading and seeding on Sidewalk Project 2016 (Zone 2): $ g) Approve payment to Design Engineers, P.C. for Coralville Marriott Hotel & Conference Center FF&E Invoice for Retro System Commissioning Installment 2 (P.O. #17008EN): $13, h) Approve payment to HR Green, Inc. for: i) IRL Sanitary Sewer Study (#170380) $5, ii) UIHC Walkway Construction Observation (#111672) $ i) Approve payment to EarthView Environmental, Inc. for: i) WWTP Mitigation Design for proposed impacts (#2) $1, ii) Iowa River Floodwall Wetland Mitigation (#50) $1, j) Approve payment to Terracon Consultants, Inc. for: i) Fox Properties Phase I ESA (#T908971) $2, ii) Clear Creek Floodwall Phase 2 (#T910308) $4,

4 iii) Fox 413 & th Avenue Properties (#T908751) $1, iv) Brownfields Task Authorization Various Locations (#T870891) $5, v) Water Treatment Plant 2017 (#T908621) $3, k) Approve payment to RDG Planning & Design for: i) Coralville SW Consults (#42250) $ ii) Coralville SW Consults (#42423) $88.00 l) Approve payment to River Products Company, Inc. for Wetland Credit Purchase Receipt (5/25/2017): $57, m) Approve payment to Braun Intertec Corporation for: i) Iowa River Landing Arena Geotechnical Evaluation (#B091355) $4, ii) E. 2 nd Avenue and E. 7 th Street Reconstruction (#B090476) $3, n) Approve payment to Bolton & Menk, Inc. for Oakdale Blvd Roadway Embankment Repair at Muddy Creek (# ): $2, o) Approve payment to Shive-Hattery, Inc. for Iowa River Landing Arena Facility (# ): $6, p) Approve payment to Advanced Electrical Services, Inc. for Clear Creek South Floodwall Phase 3 (#53728): $4, q) Approve payment to Stafford Sports, LLC for Iowa Arena and Performance Center Consulting and Administrative Fees (# ): $18, r) Approve payment to Terry-Durin Co. for Highway 6 Street Lighting (#346042): $11, s) Approve payment to UltraMax for Police Department Ammunition (#1644): $13, t) Approve payment to Creative Software Services, Inc. for Network/Server Support/Engineering for the Water Treatment Plant Upgrade 2017 (#14873): $1, u) Approve payment to Midwest Curb Grinding, L.L.C. for 1406 and th Street wheel chair ramps (#24659): $ v) Approve Change Order #11: +$45,393.00; and Change Order #12: +$5,060.00; to Peterson Contractors, Inc. for the Clear Creek South Flood Wall Phase 2 Project. w) Approve Change Order #2A to K & W Electric, Inc. for the 1 st Avenue Duct Bank, 6 th Street to 9 th Street: +$6, x) Approve renewal of Vending Contract with Fresh Healthy Vending with their commission remaining at 15% and product prices starting at $1.25 and going up to $2.00. (Vending Machine will add 100% fruit juices this year.) y) Approve Bill List for June 13, City Administrator s report. 21. Mayor s report. 22. City Attorney s report. 23. Committee and Councilmember s report. 24. Motion to adjourn. A Work Session of the City Council will be held immediately following the council meeting. 1. City Administrator s time. 4

5 City of Coralville MEMORANDUM Date: 5/4/2017 To: From: Title: Mayor, City Council, Kelly Hayworth Tony Roetlin Director of Finance CC: Re: Sewer User Rate Increases for FY18 & FY19 This sewer user rate increase will allow the City to finance a significant planned sewer treatment plant project. The improvements will be designed to accommodate Coralville s growth for the coming 20 years. This year s update to the ordinance will put in place the rates for FY18 and for FY19. The changes in the rates will be: -effective July 1, 2017, an increase in the monthly minimum bill from $9. 85 to $ and an increase in the rate on additional usage from $3. 18 to $3. 60 ; and -effective July 1, 2018, an increase in the monthly minimum bill from $ to $ and an increase in the rate on additional usage from $3. 60 to $4. 00 ; and Please do not hesitate to contact me with any questions or concerns. Thank you. Tony Roetlin Director of Finance Page 1 of 1

6 Ordinance No AN ORDINANCE AMENDING CHAPTER 107 OF THE CODE OF ORDINANCES OF THE CITY OF CORALVILLE (2011), AS PREVIOUSLY AMENDING, BY CHANGING SANITARY SEWER FEES. WHEREAS, the City Council of the City of Coralville had heretofore deemed it necessary to raise sanitary sewer collection rates in preparation of a wastewater treatment plant upgrade project; and WHEREAS, the City Council of the City of Coralville had also deemed it necessary to raise solid waste collection fees to cover increasing costs of that utility; and WHEREAS, these rate increases were included in the Fiscal Year 2018 budget and now must be adopted by ordinance as required by law. BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF CORALVILLE, JOHNSON COUNTY, IOWA, AS FOLLOWS: Section 1. Amendment. Section (2) of the Code of Ordinances of the City of Coralville is hereby amended by deleting the section in its entirety and replacing it with the following: Sewer rate. Each sewer customer of the City shall pay a minimum charge of $11.15 per month for usage of 0 to 200 cubic feet as measured by the water meter from July 1, 2017 to June 30, In addition to the minimum monthly charge, the customer shall also pay to the City $3.60 per 100 cubic feet of usage for any usage above 200 cubic feet from July 1, 2017 to June 30, Each sewer customer of the City shall pay a minimum charge of $12.50 per month for usage of 0 to 200 cubic feet as measured by the water meter beginning July 1, In addition to the minimum monthly charge, the customer shall also pay to the City $4.00 per 100 cubic feet of usage for any usage above 200 cubic feet beginning July 1, Section 2. Conflicts. All ordinances or parts of ordinances not specifically provided for and in conflict with the provisions of this ordinance are hereby repealed. Section 3. Adjudication. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be in full force and effect after its passage, approval and publication as required by law on July 1, * * * * * * * * * * * * * * Passed and approved this day of, ATTEST: Thorsten J. Johnson, City Clerk John A. Lundell, Mayor

7 City of Coralville MEMORANDUM Date: May 25, 2017 To: From: Title: CC: Re: Mayor City Council Kelly Hayworth Thorsten J. Johnson City Clerk City Attorney Ordinance Fireworks Proposed Ordinance will bring Coralville s Code of Ordinances into compliance with the Iowa General Assembly s newly passes Senate File 489, which will allow the sale of fireworks within the State of Iowa. The City of Coralville will still ban the use of consumer fireworks in the City. Fireworks displays will still be allowed when handled by a competent operator that is insured and approved by City authorities. This ordinance will regulate the sale of consumer fireworks within the City as allowed by the new state law. Some of these regulations include limiting the sale of consumer fireworks to June 1 st through July 8 th and December 10 th through January 3 rd ; requiring permits for the sale of consumer fireworks; and limiting the amount of explosive materials to 125 pounds at any given time. If you have further questions please contact City Attorney Kevin Olson. Page 1 of 1

8 ORDINANCE NO AN ORDINANCE AMENDING SECTION OF THE CODE OF ORDINANCES OF THE CITY OF CORALVILLE REGARDING FIREWORKS REGULATION. WHEREAS, the Iowa General Assembly passed Senate File 489 which allows for the sale and use of certain fireworks within the State of Iowa; and WHEREAS, the City s ordinance previously banned the sale and use of fireworks within the City, which is now inconsistent with state law; and WHEREAS, the City desires to continue to prohibit the use of consumer fireworks within the City; and WHEREAS, to comply with state law, the City desires to pass certain rules regulating the sale of fireworks within the city which are consistent with state law. NOW, THEREFORE, BE IT ORDAINED, as follows: 1. Amendment. Section of the Code of Ordinances is hereby amended by deleting the section in its entirety and replacing it with the following: SECTION FIREWORKS REGULATION. The sale, use or exploding of fireworks within the City are subject to the following: 1. Definitions. For the purposes of this Section 41.11, the following terms are defined: a. Consumer fireworks shall mean first-class consumer fireworks and second-class consumer fireworks as those terms are defined in subparagraphs (c) and (e) below. b. Display Fireworks shall mean any explosive composition, or combination of explosive substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes fireworks containing any explosives or flammable compound, or other devices containing any explosive substance.

9 c. First Class Consumer Fireworks shall mean the following consumer fireworks as described in the American Pyrotechnics Association ( APA ) Standard 87-1, chapter 3: (i) Aerial shell kits and reloadable tubes; (ii) Chasers; (iii) Helicopters and aerial spinners; (iv) Firecrackers; (v) Mine and shell devices; (vi) Missile-type rockets; (vii) Roman Candles; (viii) Sky rockets and bottle rockets; and (ix) Multiple type devices under this subparagraph (b) which are manufactured in accordance with APA 87-1, section 3.5. d. Novelties shall mean all novelties enumerated in chapter 3 of the APA standard 87-1, and that comply with the labeling regulations promulgated by the United States Consumer Product Safety Commission. e. Second Class Consumer Fireworks shall mean the following consumer fireworks, as described in APA Standard 87-1, chapter 3: (i) Cone fountains; (ii) Cylindrical fountains; (iii) Flitter sparklers; (iv) Ground and hand-held sparkling devices, including multiple tube and hand held sparkling devices that are manufactured in accordance with APA Standard 87-1, section 3.5; (v) Ground spinners; (vi) Illuminating torches; (vii) Toy smoke devices that are not classified as novelties pursuant to APA Standard 87-1, section 3.2; (viii) Wheels; (ix) Wire or dipped sparklers that are not classified as novelties pursuant to APA Standard 87-1, section The use or explosion of Consumer Fireworks within the City is hereby prohibited. 3. The use or explosion of Display Fireworks by the City, a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by

10 City authorities when such fireworks display will be handled by a competent operator. In no event shall a permit be granted unless the operator or sponsoring organization provides evidence to the City of insurance in at least the following amounts: A. Personal Injury: $ 250, per person. B. Property Damage: $ 50, C. Total Exposure: $1,000, The sale of consumer fireworks within a permanent or temporary structure within the City by a retailer or community group is subject to the following: a. The sale of consumer fireworks can only occur between the dates of June 1 st and July 8 th inclusive; and December 10 th and January 3 rd inclusive. b. The retailer or community group shall maintain commercial general liability insurance of at least One Million Dollars ($1,000,000) per occurrence and aggregate coverage of at least Two Million Dollars ($2,000,000). c. The retailer or community group shall obtain a permit from the Fire Department to ensure that the permanent or temporary structure meets the guidelines of NFPA 1124, 2006 Edition. d. All temporary structures for the sale of consumer fireworks shall obtain a Transient Merchant Permit as described in this Code. e. All temporary structures for the sale of consumer fireworks shall meet the guidelines of NFPA 1124, 2006 Edition. f. All temporary and permanent structures may hold no more than 125 pounds of explosive materials at any given time. g. Pays the City a fee in an amount set by Resolution of the City Council. If the retailer or community group meets the preceding requirements, the Fire Department shall issue the permit. If the permit is denied, the Fire Chief or designee shall issue such denial to the applicant in writing stating the reasons for denial. The applicant may appeal said denial to the City Council

11 by filing notice of appeal within ten (10) days of the date of denial with the City Clerk. 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. 3. Adjudication. If any section, provision, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. 4. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

12 City of Coralville MEMORANDUM Date: June 8, 2017 To: From: Title: CC: Mayor City Council Kelly Hayworth Jim Kessler Building and Zoning Official City Attorney Re: Council Meeting June 13, 2017 Item #9: Request by 965 Development Co. for approval of Final Plats for Phase 5 and 6 of Coral Ridge Commerce Park. Lot 5 is on the NW corner of the Wheaton Road/Crosspark Road intersection. It is a 2.06 acre lot for future commercial development. Staff has recommended that the access to the lot be at the NE corner to relieve congestion at the intersection. Lot 6 is located on the SW corner of the Wheaton Road/Cross Park Road intersection. It is a 2.43 acre for future commercial development. Staff recommends that access to Lot 6 be restricted to the SE corner of lot to relieve congestion on the existing intersection. The Planning and Zoning Commission recommended this for approval 6-0. Page 1 of 1

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15 Prepared by and return to: Kevin D. Olson, City Attorney, P.O. Box 5127, Coralville, IA (319) RESOLUTION NO RESOLUTION APPROVING THE FINAL PLAT FOR THE CORAL RIDGE COMMERCE PARK PHASE V, CORALVILLE, IOWA. WHEREAS, the developer did file with the City Clerk of Coralville, on May 22, 2017, a final platting of the Coral Ridge Commerce Park Phase V, Coralville, Iowa; and WHEREAS, the legal description for said Subdivision is described as in Exhibit A; and WHEREAS, said property has been dedicated with the free consent and in accordance with the desires of the owner; and WHEREAS, the aforementioned plat and subdivision is found to conform with Chapter 354 of the State Code of Iowa, Chapter 170 of the Coralville Code of Ordinances, and all other ordinances and statutory requirements; and WHEREAS, said final platting of the aforementioned subdivision has been examined by the Coralville Planning and Zoning Commission; and WHEREAS, recommendations from both said Commission and City Staff have been made; and WHEREAS, after due deliberation, said Commission has recommended that the final platting of the proposed subdivision, be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Iowa, that the final platting of the Coral Ridge Commerce Park Phase V, Coralville, Iowa be and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk of the City of Coralville, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. * * * * * * * Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

16 EXHIBIT A I CERTIFY THAT DURING THE MONTH OF APRIL, 2017 AT THE DIRECTION OF 965 DEVELOPMENT CO., A SURVEY WAS MADE UNDER MY SUPERVISION OF A PORTION OF OUTLOT "A" OF CORAL RIDGE COMMERCE PARK PHASE THREE IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, CORALVILLE, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning Southwest Corner of Lot 2 of Coral Ridge Commerce Park Phase Two in the Northwest Quarter of the Southeast Quarter of Section 24, Township 80 North, Range 7 West, of the Fifth Principal Meridian, Coralville, Iowa, in accordance with the Plat thereof Recorded in Plat Book 60 at Page 174 of the Records of the Johnson County Recorder's Office; Thence S88 03'01"E, along the South Line of said Lot 2, a distance of feet, to the Southeast Corner thereof, and a Point on the Westerly Right of Way of Cross Park Road; Thence S01 56'59"W, along said Westerly Right of Way Line, feet; Thence S09 39'42"W, along said Westerly Right of Way Line, feet; Thence S04 13'08"W, along said Westerly Rightof Way Line, feet; Thence Southwesterly, feet along said Westerly Right of Way Line, on a foot radius curve, concave Northwesterly, whose foot chord bears S48 17'50"W; Thence N87 37'27"W, along the Northerly Right of Way Line of Wheaton Road, feet, to a Point on the Westerly Line of Outlot "A" of Coral ridge Commerce Park Phase Three, in accordance with the Plat thereof Recorded in Plat Book 55 at Page 82 of the Records of the Johnson County Recorder's Office; Thence N01 48'29"E, along said Westerly Line, feet, to the Point of Beginning. Said Tract of Land contains 2.06 Acres (89,662 square feet), and is subject to easements and restrictions of record.

17 Prepared by and return to: Kevin D. Olson, City Attorney, P.O. Box 5127, Coralville, IA (319) RESOLUTION NO RESOLUTION APPROVING THE FINAL PLAT FOR THE CORAL RIDGE COMMERCE PARK PHASE VI, CORALVILLE, IOWA. WHEREAS, the developer did file with the City Clerk of Coralville, on May 22, 2017, a final platting of the Coral Ridge Commerce Park Phase VI, Coralville, Iowa; and WHEREAS, the legal description for said Subdivision is described as in Exhibit A; and WHEREAS, said property has been dedicated with the free consent and in accordance with the desires of the owner; and WHEREAS, the aforementioned plat and subdivision is found to conform with Chapter 354 of the State Code of Iowa, Chapter 170 of the Coralville Code of Ordinances, and all other ordinances and statutory requirements; and WHEREAS, said final platting of the aforementioned subdivision has been examined by the Coralville Planning and Zoning Commission; and WHEREAS, recommendations from both said Commission and City Staff have been made; and WHEREAS, after due deliberation, said Commission has recommended that the final platting of the proposed subdivision, be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Iowa, that the final platting of the Coral Ridge Commerce Park Phase VI, Coralville, Iowa be and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk of the City of Coralville, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. * * * * * * * Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

18 EXHIBIT A I CERTIFY THAT DURING THE MONTH OF APRIL, 2017 AT THE DIRECTION OF 965 DEVELOPMENT CO., A SURVEY WAS MADE UNDER MY SUPERVISION OF A PORTION OF OUTLOT "A" OF CORAL RIDGE COMMERCE PARK PHASE THREE IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, CORALVILLE, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Southwest Corner of Lot 2 of Coral Ridge Commerce Park Phase Two in the Town of Coralville, Iowa, in accordance with the Plat thereof Recorded in Plat Book 60 at Page 174 of the Records of the Johnson County Recorder's Office; Thence S01 48'29"W along the Westerly Line of Outlot "A" of Coral ridge Commerce Park Phase Three, in accordance with the Plat thereof Recorded in Plat Book 55 at Page 82 of the Records of the Johnson County Recorder's Office, feet, to the Point of Beginning; Thence S87 37'27"E, along the South Right of Way Line of Wheaton Road, feet; Thence Southeasterly, feet, along said South Right of Way Line, on a foot radius curve, concave Southwesterly, whose foot chord bears S42 50'14"E; Thence S01 56'59"W, along the Westerly Right of Way Line of Cross Park Road, feet; Thence S00 20'27"E, along said Westerly Right of Way Line, feet; Thence S01 56'59"W, along said Westerly Right of Way Line, feet; Thence N88 03'01"W, feet, to a Point on the Westerly Right of Way Line of said Outlot "A"; Thence N01 48'29"E, along said Westerly Right of Way Line, feet, to the Point of Beginning. Said Tract of Land contains 2.43 Acres (105,660 square feet), and is subject to easements and restrictions of record.

19 City of Coralville MEMORANDUM Date: June 8, 2017 To: From: Title: CC: Mayor City Council Kelly Hayworth Jim Kessler Building and Zoning Official City Attorney Re: Council Meeting June 13, 2017 Item #10: Request by WestCor Development LLC for approval of a Preliminary and Final Plat of WestCor Business Park Part 13 located at the intersection of WestCor Drive and 2 nd Street, south of the railroad tracks. This is a 2 lot commercial subdivision for future commercial development. Staff is recommending the entrance drive to Lot One be aligned with Theisens entrance drive. The Planning and Zoning Commission recommended this for approval 6-0. Page 1 of 1

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22 RESOLUTION NO RESOLUTION APPROVING THE PRELIMINARY PLAT FOR WESTCOR BUSINESS PARK, PART 13, CORALVILLE, IOWA. WHEREAS, the owner did file with the City Clerk of Coralville, on May 22, 2017, a Preliminary Plat for WestCor Business Park, Part 13, Coralville, Iowa; and WHEREAS, said Preliminary Plat has been examined by the Planning and Zoning Commission of Coralville, Iowa; and WHEREAS, recommendations from both said Commission and City Staff have been received and considered; and WHEREAS, said Preliminary Plat has found to be in compliance with the requirements of the City of Coralville Code of Ordinances and all other statutory requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Iowa, that said WestCor Business Park, Part 13, Coralville, Iowa, be and the same are hereby approved. * * * * * * * * Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

23 Prepared by and return to: Kevin D. Olson, City Attorney, P.O. Box 5127, Coralville, IA (319) RESOLUTION NO RESOLUTION APPROVING THE FINAL PLAT FOR THE WESTCOR BUSINESS PARK, PART 13, CORALVILLE, IOWA. WHEREAS, the developer did file with the City Clerk of Coralville, on May 22, 2017, a final platting of the WestCor Business Park, Part 13, Coralville, Iowa; and WHEREAS, the legal description for said Subdivision is described as in Exhibit A; and WHEREAS, said property has been dedicated with the free consent and in accordance with the desires of the owner; and WHEREAS, the aforementioned plat and subdivision is found to conform with Chapter 354 of the State Code of Iowa, Chapter 170 of the Coralville Code of Ordinances, and all other ordinances and statutory requirements; and WHEREAS, said final platting of the aforementioned subdivision has been examined by the Coralville Planning and Zoning Commission; and WHEREAS, recommendations from both said Commission and City Staff have been made; and WHEREAS, after due deliberation, said Commission has recommended that the final platting of the proposed subdivision, be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Iowa, that the final platting of the WestCor Business Park, Part 13, Coralville, Iowa be and the same is hereby approved. BE IT FURTHER RESOLVED that the City Clerk of the City of Coralville, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. * * * * * * * Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

24 EXHIBIT A I CERTIFY THAT DURING THE MONTH OF APRIL, 2017 AT THE JDIRECTION OF VIJAY PATEL, A SURVEY WAS MADE UNDER MY SUPERVISION OF AUDITOR S PARCEL IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION35, TOWNSHIP 80 NORTH, RANGE 7 WEST, OF THEFIFTH PRINCIPAL MERIDIAN, CORALVILLE, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 56 AT PAGE 158 OF THERECORDS OF THE JOHNSON COUNTY RECORDER S OFFICE SAID AUDITOR S PARCEL CONTAINS 6.61 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.

25 City of Coralville MEMORANDUM Date: 6/8/2017 To: From: Title: CC: Re: Hon. Mayor and City Councilmembers Kevin D. Olson City Attorney Thorsten J. Johnson Stormwater Pump Stations bids We received bids for this Project and the lowest bid submitted was from Tricon Construction, however, Tricon failed to submit proper required paperwork with its bid that was required by the bid notices. As you may recall, this Project is funded in part, by monies received from the Community Development Block Grant program ( CDBG ), and this paperwork is required as part of the process to receive the CDBG funding. Section 26.9 of the Code of Iowa requires that the City Council award the bid to the lowest responsive, responsible bidder. Because Tricon s bid submitted was not responsive, the City should award the bid to the lowest responsive, responsible bidder, namely WRH, Inc., in the amount of $2,429, Page 1 of 1

26 RESOLUTION NO RESOLUTION ACCEPTING BIDS AND AWARDING THE CONSTRUCTION CONTRACT FOR THE STORM WATER PUMP STATIONS 7 & 8 MODIFICATIONS WHEREAS, the City Council deems it necessary and desirable to hire an engineering firm for final design, bidding and construction period services to modify two stormwater pump stations to protect vulnerable properties along Clear Creek; raise weir walls; add back up power and miscellaneous controls and gates, the project having been referred to as the Clear Creek Stormwater Pump Stations 7 & 8 Modifications 2017; hereinafter the Project and WHEREAS, the bids for the aforementioned project were received, opened and tabulated on June 6, 2017 as per published notice; and WHEREAS, the bid from WRH, Inc. for $2,429, was the lowest, most responsive, responsible bid; and WHEREAS, the City Engineer has heretofore reviewed the bids and recommended that the City Council approve and accept the aforementioned bid for said Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Iowa, that the bid from WRH, Inc. for $2,429, is hereby accepted. Further, the Construction Contract is therefore awarded to WRH, Inc. for the aforementioned bid amount. * * * * * * * * Passed and approved this 13 th day of June, ATTEST: Thorsten J. Johnson, City Clerk John A. Lundell, Mayor

27 RESOLUTION NO RESOLUTION APPROVING THE CONTRACT AND BOND DOCUMENTS FOR THE STORM WATER PUMP STATIONS 7 & 8 MODIFICATIONS WHEREAS, the City Council of the City of Coralville did heretofore receive the bids for the Storm Water Pump Stations 7 & 8 Modifications 2017 (the Project ); and WHEREAS, the bid from WRH, Inc. in the amount of $2,429, was the lowest, most responsive, responsible bid submitted for the project; and WHEREAS, accordingly, the City Council did heretofore award the contract for the Project to WRH, Inc. for in the amount of $2,429,864.50; and WHEREAS, the City Council, did thereafter, by Resolution on even date, accept the Bid and award the contract to said successful bidder, subject only to the final approval of the contract and bond documents; and WHEREAS, the City Attorney has reviewed the Contract and Bond Documents, including, without limitation, the Contractor's Performance Bond and Certificate of Insurance for the project; and WHEREAS, the City Attorney has recommended approval of said Contract and Bond Documents; and WHEREAS, it would be in the best interest of the City of Coralville to enter into the aforementioned contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Iowa, that the Contract and Bond Documents for the aforementioned project be and the same are approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute said contract documents on behalf of the City of Coralville. * * * * * * * * Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk 1

28 City of Coralville MEMORANDUM Date: 6/8/2017 To: From: Title: CC: Re: Hon. Mayor and City Councilmembers Kevin D. Olson City Attorney Thorsten J. Johnson Drury Parking Ramp set hearing Since we made significant design changes to hopefully lower the cost of the ramp from the previous bid, we need to hold a public hearing on the plans and specifications again. This hearing will be on June 27, Page 1 of 1

29 RESOLUTION NO RESOLUTION SETTING A PUBLIC HEARING ON THE PLANS, SPECIFICATIONS, ESTIMATE OF COST AND FORM OF CONTRACT FOR THE IRL DRURY PARKING RAMP. WHEREAS, the City Council of the City of Coralville, Iowa, has heretofore deemed it necessary and desirable to construct a two level parking ramp at st Avenue to serve a Drury Inn that will be constructed between the ramp and Perkins, along with future adjacent redevelopment in the Iowa River Landing, the project having been referred to as the IRL Drury Parking Ramp, hereinafter the Project and WHEREAS, because the project is over the bid threshold according to Chapter 26 of the Code of Iowa, the City needs to hold a hearing on the plans and specifications; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coralville, Johnson County, Iowa, that a public hearing on the plans, specifications, estimate of cost and form of contract will be held at 6:30 p.m. in the Council Chambers at City Hall, th Street, Coralville, Iowa on Tuesday, June 27, BE IT FURTHER RESOLVED, that the City Clerk is directed to publish notice of the public hearing as required by law. Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

30 City of Coralville MEMORANDUM Date: 5/17/2017 To: From: Title: Re: Mayor and City Council City Administrator Dan Holderness, P.E. City Engineer 1 st Ave. Improvements 6 th St. to 9 th St. MidAmerican Agreement Electric Overhead to Underground Relocation I recommend approval of an agreement with MidAmerican Energy Company in the not-to-exceed amount of $168,153 for the above-referenced project. This agreement compensates MEC for the materials and labor for converting their existing electric facilities from overhead to underground as required by the city. Page 1 of 1

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38 RESOLUTION NO RESOLUTION APPROVING AN AGREEMENT WITH MIDAMERICAN ENERGY COMPANY TO CONVERT THE EXISTING OVERHEAD ELECTRICAL LINE TO UNDERGROUND ALONG 1 ST AVENUE FROM 6 TH STREET TO 9 TH STREET. WHEREAS, the City Council of the City of Coralville, Iowa has hereto deemed it necessary and desirable to relocate the existing overhead primary distribution electrical line along 1 st Avenue from 6 th Street to 9 th Street to underground for the 1 st Avenue Improvements 6 th Street to 9 th Street in Coralville, Iowa; and WHEREAS, pursuant to MidAmerican Energy Company has submitted a proposal for the relocation of the overhead electrical line for 1 st Avenue Improvements - 6 th Street to 9 th Street and for a cost not to exceed $268, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coralville, Johnson County, Iowa, that the Mayor is directed to execute the proposal by MidAmerican Energy Company. Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

39 City of Coralville MEMORANDUM Date: May 25, 2017 To: From: Title: CC: Re: Mayor and City Council Mike Funke Human Resource/Risk Manager Kelly Hayworth Non-Bargaining Pay Plan Increase With this memo it is recommended the City Council approve a 2.5% salary increase with an effective date of July 1, 2017 to the full time and regular part time employees not covered by a union contract. The FY17 budget was formulated and approved using a 3% increase on July 1, It is also equivalent to the agreed upon increases called for in the approved union contracts with PPME Police Officers AFSCME Public Works AFSCME Transit Employees I thank you for your consideration of this recommendation and, as always, am available for any questions you may have. Page 1 of 1

40 RESOLUTION NO RESOLUTION APPROVING AN INCREASE IN THE ADMINISTRATIVE PAY SCALE, EFFECTIVE JULY 1, WHEREAS, the City Council of the City of Coralville, after independent review and upon consideration of recommendations from the Human Resources Manager, has heretofore deemed it necessary and desirable to provide a 2.5% cost of living increase to the salaries of City administrative employees, effective July 1, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Johnson County, Iowa, that the above-referenced cost of living increases be and the same are hereby approved. BE IT FURTHER RESOLVED that the aforementioned increase shall go into effect as of July 1, * * * * * * * * Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

41 City of Coralville MEMORANDUM Date: 6/8/2017 To: From: Title: CC: Re: Hon. Mayor and City Councilmembers Kevin D. Olson City Attorney Thorsten J. Johnson Consent to Transfer - Oakdale 11, LLC The City Council previously approved an agreement with Oakdale 11, LLC for the Leepfrog project in the University of Iowa Research Park. Said Agreement allowed for the conveyance of the building, upon approval of the City Council. (The Building sits on leased land owned the University). I prepared this Agreement which requires the assignees to assume all of the responsibilities under the agreement. This Agreement will be recorded to show such acceptance. If you have any questions, please do not hesitate to contact me. Page 1 of 1

42 CONSENT AND ACKNOWLEDGMENT This Consent and Acknowledgment is given by the City of Coralville, Iowa (the "City") and is delivered pursuant to that certain Agreement for Private Development dated November 6, 2015 (the "Development Agreement") between the City and Oakdale 11, LLC ("Oakdale") for the property described therein as Lot 11, Oakdale Research Park Subdivision, Phase II, according to the plat thereof recorded in Plat Book 39, Page 108, Plat Records of Johnson County, Iowa ("Lot 11"). 1. The City hereby consents to the transfer of 90% ownership of Oakdale to Joseph Zabner, Kineret Zabner and Rachel Spielberger. 2. The City hereby acknowledges that the construction improvements as completed satisfy the provisions of Article IV of the Development Agreement and are otherwise satisfactory. Dated, 2017 THE CITY OF CORALVILLE By: John Lundell, Mayor ATTEST: Thorsten J. Johnson, City Clerk

43 RESOLUTION NO RESOLUTION APPROVING AN AGREEMENT FOR CONSENT TO TRANSFER OF OWNERSHIP OF THAT BUILDING LOCATED ON LOT 11, OAKDALE RESEARCH PARK, CORALVILLE, IOWA. WHEREAS, the City Council, Oakdale 11, LLC (Building Owner) and Leepfrog Technologies (Business) previously entered into an Agreement for Private Redevelopment and Forgivable Loan Agreement (the Agreements ) for Lot 11, Oakdale Research Park; and WHEREAS, Oakdale 11, LLC, has approached the City about conveying the building to Joseph and Kineret Zabner and Ricardo and Rachel Spielberger (the Assignees ); and WHEREAS, the Agreements require consent of the City Council prior to transfer of ownership to the Assignees; and WHEREAS, it is now necessary to consent to the transfer of ownership to the Assignees and approval of the Agreement for Consent to Transfer Ownership. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coralville, Johnson County, Iowa, that the aforementioned Agreement for Consent to Transfer of Ownership is hereby approved. Further, the Mayor and City Clerk are authorized to execute said Agreement on behalf of the City. Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

44 City of Coralville MEMORANDUM Date: 6/7/2017 To: From: Title: CC: Re: Honorable Mayor John A. Lundell and City Council Sherri Proud Director of Parks and Recreation Kelly Hayworth Renewal of Food and Beverage Agreement with Marriott I would like to recommend the renewal of the Marriott Hotel and Conference Center Management Agreement for Food and Beverage Services for Brown Deer Golf Club. Marriott has been managing food and beverage services for Brown Deer since This renewal updates the agreement to automatically renew on a month to month basis and also changes the incentive management fee to reflect a reduction of 50% of the incentive fee if the course does not break even on operating expenses. The remainder of the agreement is the same as past agreements. Page 1 of 1

45 MANAGEMENT SERVICES AGREEMENT Brown Deer Golf Course 33-7GK imanage THIS MANAGEMENT SERVICES AGREEMENT ( Agreement ) is made effective as of June 13, 2017, by and between MARRIOTT HOTEL SERVICES, INC., a Delaware corporation, with a mailing address at c/o Marriott International, Inc., Fernwood Road, Bethesda, Maryland ( Manager ) and the CITY OF CORALVILLE, an Iowa municipal corporation with a mailing address at th Street, Coralville, Iowa (the City ). WITNESSETH WHEREAS, the City owns the Brown Deer Golf Course located at 1900 Country Club Dr., Coralville, Iowa 52241(the Golf Course ), which includes certain food, beverage and meeting facilities (the Facilities ); and WHEREAS, Manager and City were parties to that certain Management Services Agreement dated as of April 1, 2007, that certain Management Services Agreement dated as of January 2, 2010, that certain Management Services Agreement dated as of January 2, 2013, that certain Management Services Agreement dated January 1, 2015 and that certain First Amendment to Management Services Agreement dated February 2017 (collectively, the Prior Agreements ) under which Manager has operated the Facilities but not any other aspect or component of the Golf Course; and WHEREAS, the initial term of the Management Services Agreement dated as of January 1, 2015 ended on February 28, 2017 and automatically renews on a month to month basis; and WHEREAS, City desires to continue to retain the services of Manager to operate the Facilities, and Manager desires to continue to operate the Facilities; and WHEREAS, City and Manager desire to set forth the terms under which Manager will continue to operate the Facilities in this Agreement. NOW, THEREFORE, for the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City and Manager agree as follows: ARTICLE I APPOINTMENT The City grants Manager the exclusive right to continue to operate the Facilities at the Golf Course. Manager will provide its operation services during the Term of this Agreement in accordance with the terms herein contained. ARTICLE II SERVICES OF MANAGER Section 2.1 Management of Facilities. Manager will provide supervision and direction of the operation of the Facilities in accordance with standards comparable to those prevailing in other similar food and beverage facilities in the Marriott System.

46 Section 2.2 Procurement. Manager will purchase for the operation of the Facilities all supplies, equipment and outside services needed in the operation of the Facilities. Such items and services will be purchased from dependable suppliers at competitive prices, taking into account the location of the Facilities and the quality and quantity required for the necessary and proper operation of the Facilities. All such procurement will be for the account of the City and the cost will be an Operating Expense. Section 2.3 Personnel. All personnel employed at the Facilities will be Manager s employees. All employee costs will be an Operating Expense. To the extent employees perform services for both the Facilities and the Coralville Marriott Hotel & Conference Center (the Hotel ), the cost of such services will be equitably allocated by Manager between the two facilities. Section 2.4 Cleaning, Maintenance and Repairs. Manager will be responsible for maintaining the Facilities premises and all equipment in good condition and repair unless otherwise provided below. Manager will provide daily cleaning service. The City will arrange with outside contractors for all garbage and trash removal and extermination services necessary for the Facilities to operate according to the proper sanitary standards and in compliance with all applicable health and sanitation laws and regulations. Hotel will be responsible for maintaining the kitchen and bar equipment in good condition and repair and the corresponding costs will be shared Operating Expenses with the Hotel. The City will be responsible for the cost of (i) all repairs, alterations, improvements, renewals or replacement to the Facility s structure, roof, façade and all mechanical, electrical, heating, ventilating, air conditioning, plumbing or vertical transportation elements of the Facility and (ii) expenditures classified as capital expenditures under generally accepted accounting principles excluding Routine Capital Expenditures. In all cases, if, in Manager s sole discretion, the City does not perform the duties described in this paragraph in a manner that allows Manager to operate the Facilities in accordance with standards comparable to those prevailing in other similar food and beverages in the Marriott System, the City will relinquish its duties to provide services under this paragraph and Manager will assume such duties. Section 2.5 Books and Accounts. (a) Manager will keep and maintain complete and accurate books of account and all sales, gross receipts and use tax records and returns for the Facilities. All such books and records will be kept and prepared in accordance with good accounting and operation practices and in accordance with generally accepted accounting principles. Such books and records will be available for examination by the City, or any agent or its auditors as designated by the City, at any time during Manager s ordinary business hours. (b) Within 30 days after the close of each of Manager s monthly accounting periods ( Accounting Period ) Manager will provide the City with an operating statement. Section 2.6 City Distributions. Within 20 days after the close of each of Manager s Accounting Periods, Manager will distribute to the City the profits from the operation in accordance with the statements set forth in Section 2.5(b), subject to Manager s right to withhold funds from the distribution for working capital purposes and the funding of the FF&E Reserve

47 ARTICLE III MANAGER S OBLIGATIONS Section 3.1 Licenses and Permits. The City or Manager, as agreed on by the parties, will be responsible for obtaining, or cause to be obtained, and will maintain in full force and effect, all such licenses and permits as are necessary to run the Facilities. Section 3.2 Alcoholic Beverage Purchases. The City and Manager agree that the City will hold the license for the purchase and sale of alcoholic beverages. ARTICLE IV FINANCIAL ARRANGEMENTS Section 4.1 Operating Account. (a) Manager established a separate bank account ( Operating Account ), into which monies and charge card reimbursements from the Facilities will be deposited at least weekly, and from which inventories, other consumable items, all day to day Operating Expenses, and Manager s Management Fee will be paid. (b) It is understood and agreed that everything Manager does in the performance of its obligations hereunder, and all costs incurred pursuant thereto, will be for and on behalf of the City and for the City s account. To the fullest extent permitted by law, the City will defend, indemnify and hold harmless Manager against any and all costs and liabilities (including reasonable attorney fees) arising from the performance of Manager of its services set forth in this Agreement. Section 4.2 Operating Expenses. (a) The term Operating Expenses means all costs incurred in connection with the operation of the Facilities, including without limitation, salaries, wages, benefits and other costs of each employee working in the Facilities; the cost of inventories, beverages, supplies, equipment, utensils and other goods (wares); service, repair, replacement and maintenance of equipment; office and administrative costs, liability insurance, all taxes or charges levied or assessed for the operation of the Facilities; including without limitation, taxes levied or assessed on wages, salaries, beverages, sales or any property of Manager used in connection with the operation of the Facilities, and any penalties, fines, interest and other costs reasonably incurred in connection with any protest or limitation of such taxes, licenses and permit fees; legal fees; costs of music and entertainment, or other charges attributable to the operation of the Facilities. (b) To the extent that any Operating Expenses hereunder are shared costs with the operation of the Hotel, Manager will equitably allocate such Operating Expenses between the two facilities. (c) The following Operating Expenses are shared costs with the operation of the Golf Course. Each such Operating Expense will be allocated between the Golf Course and the Facilities, as follows:

48 (i) Gas, electric and water charges will be allocated equally between the Golf Course and the Facilities; (ii) Course; Telephone charges will be allocated 40% to the Facilities and 60% to the Golf (iii) Marketing and advertising costs will be allocated 20% to the Facilities and 80% to the Golf Course. The City, as operator of the Golf Course, will be responsible for the portion of the shared Operating Expenses allocated to the Golf Course and Manager will pay the portion of the shared Operating Expenses allocated to the Facilities from Gross Revenues. The City and Manager will review the above allocations of shared Operating Expenses on a periodic basis at the request of either party to determine if the allocation is equitable based on each party s estimated usage and benefit derived from the shared Operating Expenses and will adjust such allocations as appropriate. Manager will reimburse the City from Gross Revenues for the portion of the shared Operating Expenses allocated to the Facilities within 10 business days after Manager receives an invoice from the City for such shared Operating Expenses, and reasonable documentation setting forth the specific shared Operating Expenses paid by the City. Section 4.3 Management Fee. (a) As compensation for Manager s services hereunder, the City will pay Manager (i) a base management fee (the Base Management Fee ) for each Fiscal Year during the Term, including any extensions thereof (prorated for any partial Fiscal Year at the beginning or end of the Term), subject to the procedures and adjustments set forth below, and (ii) an Incentive Management Fee as calculated below (the Incentive Management Fee ) (together, the Management Fee ). (b) The Base Management Fee will be as follows: $47,048 For purposes of determining the Base Management Fee, Consumer Price Index means the Consumer Price Index for All Urban Consumers, All Items, for the market area that includes the Facilities, as published by the Bureau of Labor Statistics of the United States Department of Labor, using the years as a base of 100, or if such index is discontinued, the most comparable index published by any federal governmental agency. (c) The Incentive Management Fee for each Fiscal Year will equal the lesser of (i) 5% of the Gross Revenues for that Fiscal Year or (ii) the amount of the Base Management Fee for that Fiscal Year. During any Fiscal Year in which Gross Revenues, after subtracting the Base Management Fee, Operating Expenses and FF&E Reserve funding, are insufficient for the City to receive any profit hereunder, Manager will forfeit 50% of its Incentive Management Fee. (d) The Base Management Fee will be pro-rated and paid in arrears for each of Manager s Accounting Periods. The Incentive Management Fee will be pro-rated and an estimate will be paid in arrears for each of Manager s Accounting Periods. Unless otherwise agreed by the City and Manager, the calculation and payment of the Incentive Management Fee will be done on an annual basis for each Fiscal Year. Within 60 days after the end of each Fiscal Year, Manager will deliver to the City an accounting showing Gross Revenues and the Incentive Management Fee. The City and Manager will, within five

49 business days after the City s receipt of such statement, make any adjustments, by cash payment, in the amounts paid or retained for such Fiscal Year as are needed because of the final figures set forth in such statement. Such final accounting will be controlling over the interim accountings. Section 4.4 Fiscal Year The term Fiscal Year means Manager s Fiscal Year that begins as of January 1 in each calendar year and continues through December 31 in each calendar year. Any partial Fiscal Year between the end of the last full Fiscal Year and the Termination of this Agreement also constitutes a separate Fiscal Year. If Manager s Fiscal Year is changed in the future, appropriate adjustment to this Agreement s reporting and accounting procedures will be made; except that no such change or adjustment will alter the Term or in any way reduce the distributions of profits or other payments due hereunder. Section 4.5 Working Capital. The City will, from time to time during the Term, promptly, but no later than 20 days after Manager s request, provide any additional funds necessary to maintain working capital at levels determined by Manager to be reasonably necessary to meet the needs of the Facilities. If the City does not fund such working capital amounts within such 20 day period, Manager may, without affecting Manager s other remedies under this Agreement, either (or both) (i) withdraw an amount equal to the additional working capital funds requested by Manager from distributions of funds otherwise due to the City, or (ii) lend to the City such amount from Manager s own funds (which loan will (x) bear interest at an annual rate equal to 12 percentage points, and (y) be repaid from distributions of funds otherwise due to the City). All funds provided for working capital pursuant to the preceding sentences will be used by Manager for the purposes described in this Agreement pursuant to cash management policies established for the chain of full-service hotels in the United States which are operated by Manager (or one of its affiliates) under the Marriott brand name. ( Marriott System ). Upon Termination, Manager will return the outstanding balance of the working capital to the City. Section 4.6 FF&E Reserve (a) A trust account ( FF&E Reserve ) will be established and maintained by the City for the payment of replacements, renewals and additions to the FF&E and Routine Capital Expenditures at the Facilities in accordance with the terms of this Agreement. Withdrawals from the FF&E Reserve will be made only by representatives of the City s Finance Director for the intended purposes and funds will be made available to Manager on the delivery to the City s Finance Director by Manager of a FF&E Reserve requisition. All withdrawals from the FF&E Reserve will be made solely in accordance with the procedures and for the purposes set forth in this Section 4.6. (b) For each Accounting Period during the Term, Manager will transfer into the FF&E Reserve an amount equal to 4% of Gross Revenues for such period. Transfers into the FF&E Reserve will be made at the time of each interim accounting described in Section 2.5(b) hereof. All amounts transferred into the FF&E Reserve pursuant to this Section 4.6.B will be paid from Gross Revenues. (c) Manager will prepare an annual estimate (the FF&E Estimate ) of the expenditures necessary for replacements, renewals and additions to the FF&E of the Facilities, during the ensuing Fiscal Year and will deliver the FF&E Estimate to the City for its comment not less than 45 days before the commencement of the ensuing Fiscal Year. The FF&E Estimate will also indicate the estimated time schedule for making such replacements, renewals, and additions

50 (d) Manager will (endeavoring in good faith to comply with the applicable FF&E Estimate, unless there has been a change in circumstances) from time to time make such replacements, renewals and additions to the FF&E of the Facilities, as Manager deems necessary, up to the balance in the FF&E Reserve. No expenditures will be made in excess of said balance without the approval of the City. At the end of each Fiscal Year, any amounts remaining in the FF&E Reserve will be carried forward to the next Fiscal Year. Proceeds from the sale of FF&E no longer necessary to the operation of the Facilities will be added to the FF&E Reserve. The FF&E Reserve will be kept in an interest-bearing account, and any interest which accrues thereon will be retained in the FF&E Reserve. Neither (1) proceeds from the disposition of FF&E, nor (2) interest which accrues on amounts held in the FF&E Reserve, will (a) result in any reduction in the required transfers to the FF&E Reserve set forth in Section 4.6.B, or (b) be included in Gross Revenues. (e) As the Facilities age, the percentages of Gross Revenues that are set forth in Section 4.6.B may not be sufficient to keep the FF&E Reserve at the levels necessary to make the alterations, improvements, replacements, renewals, and additions to the FF&E of the Facilities, that must maintain the Facilities in accordance with the standards set forth in Section 2.1. If Manager reasonably believes that the funding of the FF&E Reserve (for the following Fiscal Year or any subsequent Fiscal Year as specified) will not be adequate to maintain the Facilities in accordance with such standards, Manager will so notify the City. The City will have 30 days after receipt of such notification to approve Manager s assessment and recommendations about the funding of the FF&E Reserve and, if the City disapproves any portion of Manager s recommendations, the City will provide Manager in writing with the specific reasons for its disapproval within such 30 day period. Thereafter, in the 25 day period following Manager s receipt of the City s disapproval, the City and Manager will attempt to resolve in good faith the objections so specified by the City. If one or more of such objections have not been resolved as of the end of such 25 day period, any such matter may be referred by either party to an Expert panel for resolution. Pending a decision by the Expert panel, Manager may proceed with the implementation of any portion of its assessment and recommendations that is not subject to dispute. For increased fundings to which the City does not object, or increased fundings to which it objected but the Expert determined were necessary, the City will elect one of the following two (2) alternatives within 30 days after receipt of Manager s notice or the Expert s decision, as appropriate: 1. to increase the annual percentage of FF&E Reserve fundings under Section 4.6(b) to provide the additional funds required for the specified Fiscal Year(s); or 2. to make a lump sum contribution to the FF&E Reserve in an amount necessary to increase the FF&E Reserve to a level sufficient to fund the items which necessitated Manager s request for additional FF&E Reserve fundings; such amount will be fully repaid (without interest) to the City from Gross Revenues in equal installments over the number of Accounting Periods remaining in the Term as of the date of such contribution. If the City fails to elect one of the above alternatives within such 30 day period, the City will be deemed to have elected the alternative set forth in Section 4.6.E.1. If the City elects the alternative set forth in Section 4.6.E.2. and fails to provide the additional funds required thereunder within (i) 30 days after making such election where such election follows a determination by the Expert panel under the foregoing terms, or (ii) 60 days after the City s receipt of Manager s request for such additional funding where such election does not follow a determination by the Expert panel, such failure will constitute a default by the City under Section 6.2(a). In addition, the placing of any restrictions on the expenditure by Manager of funds from the FF&E Reserve except as set forth in this Section 4.6 (including, without limitation, restrictions resulting from (a) any litigation involving the City or the Facilities, or (b) a foreclosure) will constitute a default by the City under Section 6.2(a)

51 Section 4.7 FF&E. The term FF&E means furniture, furnishings, fixtures, Soft Goods, Case Goods, signage, audio-visual equipment, kitchen appliances, vehicles, carpeting and equipment, including computer equipment. Section 4.8 Case Goods. The term Case Goods means furniture and furnishings used in the Facilities, including, without limitation: chairs, desks, tables, television sets, mirrors, pictures, wall decorations and similar items. Section 4.9 Soft Goods. The term Soft Goods means all fabric, textile and flexible plastic products which are used in furnishing the Facilities, including without limitation: carpeting, drapes, wall and floor coverings, mats, and similar items. Section 4.10 Gross Revenues. The term Gross Revenues means all revenues and receipts of every kind derived from operating the Facilities and the food and beverage departments thereof, including, but not limited to: income (from both cash and credit transactions) from rental of meeting space, banquet space; license, lease and concession fees and rentals (not including gross receipts of licensees, lessees and concessionaires); income from vending machines; food and beverage sales; service charges; and proceeds, if any, from business interruption or other loss of income insurance; except that Gross Revenues excludes the following: gratuities to employees of the Facilities; federal, state or municipal excise, sales or use taxes or any other taxes collected directly from patrons or guests or included as part of the sales price of any goods or services; proceeds from the sale of FF&E; interest received or accrued on the funds in the FF&E Reserve Account; any refunds, rebates, discounts and credits of a similar nature, given, paid or returned in the course of obtaining Gross Revenues or components thereof; insurance proceeds (except proceeds from business interruption or other loss of income insurance); condemnation proceeds (except for a temporary taking). Section 4.11 Decision by Experts. Where this Agreement calls for a matter to be referred to a panel of Experts for determination, the following terms will apply: (a) For any referred matter, the matter will be decided by a majority vote of a panel of Experts. If either party calls for a determination by Experts pursuant to the terms hereof, each party will have 10 days from the date of such request to select one Expert and, within 10 days after such respective selections, either or both (i) the two respective firms or (ii) individuals so selected will select the third Expert. If a party fails to make its respective selection of a firm or individual within the 10 day period provided for above, then the Expert selected by the other party will select two Experts to serve on the Experts panel. Also, if the two respective Experts selected by the City and Manager fail to select a third firm or individual to be an Expert, then such third Expert will be appointed by the American Arbitration Association. For any issue hereunder to be referred to a panel of Experts for determination, the use of the Experts will be the exclusive remedy of the City and Manager and neither the City nor Manager will attempt to adjudicate any dispute in any other forum. The Experts decision will be final and binding on the City and Manager and will not be capable of challenge, whether by arbitration, in court or otherwise;

52 (b) Each party will be entitled to make submissions to the Experts, and if a party makes any submission it will also provide a copy to the other party and the other party may comment on such submission (all within the time periods established under Section 4.11(d)). The City and Manager will make available to the Experts all books and records relating to the issue in dispute and will render to the Experts any assistance requested of the City and Manager. The costs of the Experts and the proceedings will be paid as directed by the Experts unless otherwise provided for herein. (c) The Experts decide on the matter referred for determination by applying the standard set forth in this Agreement regarding such matter. If this Agreement lacks a specific standard regarding such matter, then the Experts will apply the standards applicable to first-class golf facilities in accordance with the standards set forth in Section 2.1; and, (d) The terms of engagement of the Experts will include an obligation on the part of the Experts to: (i) notify the City and Manager of their decision within 45 days from the date on which the last Expert has been selected (or such other period as the City and Manager may agree or as set forth herein); and (ii) establish a timetable for the making of submissions and replies. Section 4.12 Expert. The term Expert means an independent, nationally recognized consulting firm or individual with a minimum of 10 years of experience in the golf facility industry and qualified to resolve the issue in question, provided that an Expert excludes any individual who is, as of the date of appointment or within six months before such date, employed, either directly or indirectly as a consultant in connection with any other matter, by a party attempting to appoint such person. Section 4.13 Business Plan (a) Manager will deliver to the City, at least 45 days before the beginning of each Fiscal Year, a Business Plan which will include each of the following components: (i) Operating Budget and (ii) Financial Projections, as more particularly described below. Manager will prepare the Business Plan in accordance with the standards set forth in Section 2.1. Manager will act reasonably and exercise prudent business judgment in preparing each Business Plan and any revisions thereto. (b) The components of the Business Plan will be as follows: (i) The Operating Budget will include estimated Gross Revenues and Operating Expenses projected for the forthcoming Fiscal Year on an annualized basis, in comparison to the forecasted amounts for the current Fiscal Year, and anticipated draws on the FF&E Reserve. (ii) The Financial Projections will include a forecast of Gross Revenues and Operating Expenses, on an annualized basis, and a forecast of the estimated amount of Capital Expenditures to be funded by the City. The City and Manager agree that the forecasts contemplated by this Section 4.13(b) will cover the number of years then remaining in the Term, but in no event will such forecasts cover a period of more than three years. (c) Manager will diligently pursue feasible measures to operate the Facilities in accordance with the Business Plan. It is understood, however, that the Business Plan is an estimate only and that unforeseen circumstances such as, but not limited to, the costs of labor, material, services and supplies, casualty, operation of law, or economic and market conditions, as well as the requirement that the

53 Facilities be operated in accordance with the standards set forth in Section 2.1, may make adherence to the Business Plan impractical, and Manager will be entitled to depart therefrom due to causes of the foregoing nature. Section 4.14 Capital Expenditures. (a) Owner will provide funding for any Capital Expenditures that are required, in Manager s reasonable judgment, to enable Manager to operate the Facilities in accordance with the standard set forth in Section 2.1. If Capital Expenditures in any Fiscal Year requested by Manager exceed the amount budgeted by the City for Capital Expenditures during such Fiscal Year, then the City will seek the City s City Council s approval for such excess Capital Expenditures. The term Capital Expenditures means the costs necessary for non-routine, major repairs, alterations, improvements, renewals, replacements, and additions to the Facilities including, without limitation, to the structure, the exterior facade and all of the mechanical, electrical, heating, ventilating, air conditioning or plumbing of the Facilities, and all other expenditures which are classified as capital expenditures under generally-accepted accounting principles. (b) Routine Capital Expenditures will be funded from the FF&E Reserve pursuant to this Agreement. The term Routine Capital Expenditures means certain routine, non-major expenditures which are classified as capital expenditures under generally-accepted accounting principles and will consist of the following types of expenditures: exterior and interior repainting; resurfacing building walls and floors; replacing folding walls; and miscellaneous similar expenditures (all such types of expenditures to be in accordance with Manager s policies as then generally implemented throughout the Marriott System. (c) If Manager reasonably believes that the amount the City makes available for Capital Expenditures (for the following Fiscal Year or any subsequent Fiscal Year as specified) will not be adequate to maintain the Facilities in accordance with the standards set forth in Section 2, Manager will so notify the City. The City will have 30 days after receipt of such notification to approve Manager s assessment and recommendations about the funding of the Capital Expenditures and, if the City disapproves any portion of Manager s recommendations, the City will provide Manager in writing with the specific reasons for its disapproval within such 30 day period. Thereafter, in the 25 day period after Manager s receipt of the City s disapproval, the City and Manager will attempt to resolve in good faith the objections so specified by the City. If one or more of such objections have not been resolved as of the end of such 25 day period, any such matter may be referred by either party to an Expert panel for resolution. Pending Expert panel s decision, Manager may proceed with the implementation of any portion of its assessment and recommendations that is not subject to dispute. (d) For to increased fundings for Capital Expenditures to which the City does not object, or increased fundings to which it objected but the Expert determined were necessary, the City will notify Manager ( Capital Notice ) within 30 days after receipt of Manager s notice or the Expert s decision, as appropriate, that the City intends to increase the amount available for Capital Expenditures to the amount necessary to fund the items which necessitated Manager s request for additional fundings for Capital Expenditures. (e) Notwithstanding anything to the contrary in this Agreement, if the City fails to timely give the Capital Notice in accordance with Section 4.14(d), such failure will constitute a default by the City under Section 6.2(a). If the City fails to fund all or any portion of the amount of Capital Expenditures required under this Section 4.14 within the time period(s) set forth in the Manager s request for such additional funding, such failure will constitute a default by the City under Section 6.2(a). In addition, the placing of any restrictions on the expenditure by Manager of funds for Capital Expenditures except as set

54 forth in this Section 4.14 (including, without limitation, restrictions resulting from (a) any litigation involving the City or the Facilities, or (b) a foreclosure) will constitute a default by the City under Section 6.2(a). ARTICLE V INSURANCE Section 5.1 Worker s Compensation. Manager will provide and maintain worker s compensation insurance on all of Manager s employees working at the Facilities and the cost will be an Operating Expense. Section 5.2 (a) and Manager: Liability Insurance. Manager will maintain during the Term of this Agreement for the protection of the City (i) comprehensive or commercial general bodily injury and property damage liability insurance with a combined single limit of not less than $5,000,000 for each occurrence, including, but not limited to, personal injury liability blanket contractual liability, fire legal liability and products liability, covering only the operation and activities of the Manager under this Agreement, and, upon request, will provide the City with a certificate evidencing such policies. The City will be named as an additional insured under the policies of insurance. (ii) Such other insurance in amounts as Manager, in its reasonable judgment, deems advisable for protection against claims, liabilities and losses arising out of or connected with the operation of the Facilities. (b) The City will maintain during the Term of this Agreement for the protection of the City and Manager, liquor liability coverage including bodily injury and property damage liability insurance with a combined single limit of not less than $5,000,000 for each occurrence, including, but not limited to, personal injury liability, contractual liability, and products liability, covering the operation and activities of the Manager and the City under this Agreement. The City will provide the Manager with a certificate evidencing such policies. The Manager will be named as an additional insured under the policies of insurance. Such coverages will be primary and non-contributory to any other coverages Manager may carry. Section 5.3 Property Insurance. The City will keep the City s buildings containing the Facilities, including the restaurant and all property contained therein, insured against loss or damage from fire, explosion or other cause normally covered by standard broad form property insurance policies. Upon request, the City will provide Marriott with a certificate evidencing such policies. Manager will be named as an additional insured as its interest may appear. The City waives its rights of recovery and its insurer rights of subrogation from Manager or any of its Affiliates (and their respective directors, officers, shareholders, agents and employees) for loss or damage to the Facilities, and any resultant interruption of business regardless of the cause of such property or business interruption loss. Section 5.4 Cost of Insurance

55 (a) The cost of the insurance, including but not limited to all costs, premiums, deductibles, and insurance retentions, set forth in Sections 5.1 and 5.2 will be an Operating Expense. (b) Upon Termination, a reserve in an amount determined by Manager based on loss projections, will be established to cover the amount of any and all costs that will eventually have to be paid by either City or Manager for pending or contingent claims, including those that arise after termination for causes arising during the Term. ARTICLE VI TERM AND TERMINATION Section 6.1 Term. The term ( Term ) of this Agreement will commence, effective as of January 1, 2017 and will automatically renew on a month to month basis, unless terminated as provided in Section 6.2. Section 6.2 Termination. (a) If either party breaches a material provision of this Agreement, the non-defaulting party may terminate this Agreement by giving 10 days notice. If the default is remedied before the proposed termination date or a reasonable effort is made to remedy a default which cannot be remedied within the 10 day period, the notice of termination will be of no effect. (b) the other party. Either party may terminate this Agreement without cause by giving six months notice to (c) If the Qualified Management Agreement dated April 1, 2005 between Manager and City for the Hotel is terminated in accordance with its terms for any reason, then this Agreement will terminate concurrently with the termination of such Qualified Management Agreement, without the need for any notice of termination or other action. A termination of this Agreement for any reason will not result in a termination of the Qualified Management Agreement dated April 1, 2005 unless an event of default has occurred under such Qualified Management Agreement and a party thereto takes whatever action is required to terminate such Qualified Management Agreement pursuant to its terms. (d) If the Agreement is terminated (a Termination ) under this Section 6.2, the City will pay all fees and invoices for costs of Manager as provided in Article IV hereof. ARTICLE VII MISCELLANEOUS Section 7.1 Consent. Unless herein otherwise provided, whenever in this Agreement the consent or approval of Manager or the City is required, such consent or approval will not be unreasonably withheld. Such consent will also be in writing only and will be duly executed by an authorized officer or agent of the party granting such consent or approval. Section 7.2 Notices

56 All notices, consents, elections, requests, submissions approvals and disapprovals under this Agreement will be in writing and sent by registered or certified mail as follows: To the City: with copy to: To Manager: with copy to: City of Coralville th Street Coralville, Iowa Attn: City Administrator Phone: (319) Fax: (319) William Boyd, Asset Manager 2917 Timberland Pl., NE Iowa City, Iowa Phone: (319) Fax: (319) Marriott Hotel Services, Inc. c/o Marriott International, Inc Fernwood Road Bethesda, Maryland Attn: Law Department 52/923 Americas Lodging Phone: (301) Fax: (301) Marriott Hotel Services, Inc. c/o Marriott International, Inc Fernwood Road Bethesda, Maryland Attn: Senior Vice President, Finance & Accounting - Dept. 51/ Phone: (301) Fax: (301) or at such other address as is from time to time designated by the party receiving the notice. Any such notice that is mailed in accordance herewith will be deemed received when delivery is received or refused, as the case may be. Additionally, notices may be given by telephone facsimile transmission, provided that an original copy of said transmission will be delivered to the addressee by nationally used overnight delivery service by no later than the second business day following such transmission. Telephone facsimiles will be deemed delivered on the date of such transmission if transmitted during business hours on a business day, and if not, will be deemed delivered on the next succeeding business day. Section 7.3 No Partnership. Nothing contained in this Agreement constitutes or may be construed to be or create a partnership or joint venture between the City, its successors or assigns, on the one part, and Manager, its successors or assigns, on the other part. Section 7.4 Modification. This Agreement will not be amended or changed except by written instrument signed by both parties

57 Section 7.5 Trademarks. The City grants to the Manager a royalty free, non-transferable, non-exclusive right during the Term to use the Trademarks of the City in connection with the operation, advertising and promotion of the food of the Facilities. Section 7.6 Authority. (a) Representations and Warranties of the City. To induce Manager to enter into this Agreement, the City makes the following representations and warranties: 1. The execution of this Agreement is permitted by the statutory and constitutional authority of the City, and this Agreement has been duly authorized, executed and delivered and will, during the Term, constitute the legal, valid and binding obligation of the City enforceable in accordance with the terms hereof. 2. There is no claim, litigation, proceeding or governmental investigation pending, as far as known to the City, threatened against or relating to the City, the properties or business of the City with the transaction as contemplated by this Agreement which does, or may reasonably be expected to, materially and adversely affect the ability of the City to enter into this Agreement or to carry out its obligations hereunder. 3. Neither the execution of this Agreement nor the consummation of the actions contemplated by this Agreement on the part of the City to be performed, nor the fulfillment of the terms of this Agreement conflicts with or will result in the breach of any of the terms of, or constitute a default under, any agreement, indenture, instrument or undertaking to which the City is a party or by which it is bound (including, without limitation, the documents pertaining to the Bonds (as defined in Section 7.7(d))). (b) Representations and Warranties of Manager. To induce the City to enter into this Agreement, Manager makes the following representations and warranties: 1. It is a duly formed and validly existing corporation, in good standing of the laws of the State of Delaware, and duly qualified to transact business in the State of Iowa. 2. The execution of this Agreement is permitted by the Articles of Incorporation and Bylaws of Manager, and this Agreement has been duly authorized, executed and delivered, and constitutes, and will, during the term, constitute the legal, valid and binding obligation of Manager enforceable in accordance with its terms. 3. There is no claim, litigation, proceeding or governmental investigation pending, as far as known to Manager, threatened against or relating to Manager, the properties or business of Manager with the transaction as contemplated by this Agreement which does, or may reasonably be expected to, materially and adversely affect the ability of Manager to enter into this Agreement or to carry out its obligations hereunder. 4. Neither the consummation of the actions contemplated by this Agreement on the part of Manager to be performed, nor the fulfillment of the terms of this Agreement conflicts with or will result in the breach of any of the terms of, or constitute a default under, any agreement, indenture, instrument or undertaking to which Manager is a party or by which it is bound

58 Section 7.7 Financing; Qualified Management Agreement. (a) The City represents to Manager that this Agreement must be a qualified management agreement as described in the provisions of Rev. Proc (b) Notwithstanding any other provision of this Agreement, the City acknowledges that: (i) (a) Manager makes no representation, warranty or covenant in this Agreement, and (b) Manager made no representation, warranty or covenant in the Prior Agreements, about whether its operation of the Facilities was to, or will, comply with the Federal Tax Laws Pertaining to Tax-Exempt Bonds or whether such operation was to, or will, preserve the excludability of interest on the Bonds from gross income for federal tax purposes, (ii) in no event will the performance by Manager of its obligations under either this Agreement or the Prior Agreements or Manager s conduct of the operation of the Facilities give rise to any liability on Manager s part for any damages or other form of compensation to the City or any other person or entity arising from the possibility of interest on the Bonds becoming includable in gross income for federal tax purposes, (iii) in no event will any failure of Manager to comply with the Federal Tax Laws Pertaining to Tax-Exempt Bonds applicable to the Facilities as a result of the Bonds constitute a default under, or breach of, this Agreement or the Prior Agreement, and (vi) in no event will any failure of either this Agreement or the Prior Agreements to comply with the Federal Tax Laws Pertaining to Tax-Exempt Bonds applicable to the Facilities as a result of the Bonds (a) give rise to any liability on Manager s part for any damages or other form of compensation to the City or any other person or entity arising from the possibility of interest on the Bonds (except the Taxable Bonds) becoming includable in gross income for federal tax purposes, or (b) constitute a default under, or breach of, either this Agreement or the Prior Agreements. The City will indemnify and hold Manager harmless from any claims for damages or other form of compensation relating to any claim against Manager or any of its affiliates arising from the possibility of interest on the Bonds becoming includable in gross income for federal tax purposes. (c) The City represents and warrants that the Bonds are the only financing encumbering all or any portion of the Facilities. If any actions are taken as a result of a default or other circumstance under any documents evidencing or securing the Bonds (the Bond Documents ) which materially adversely affect Manager s financial returns, administrative burdens or its ability to operate the Facilities in accordance with the terms of this Agreement, it will be a default by City under this Agreement, entitling Manager to all of the remedies set forth in this Agreement. Manager has no responsibility for payment of debt service on the Bonds or any other bonds or indebtedness of the City or otherwise due for the operation of the Facilities or otherwise, from Gross Revenues or from any other sources, and such responsibility will be solely that of the City. (d) As used in this Section 7.7, the following terms have the following meanings: Bonds means the following: (i) $7,600,000 Coralville, Iowa, 6.0 Annual Appropriation Urban Renewal Certificates of Participation, Series 2016B-1; and (ii) $130,000 Coralville, Iowa, 6.0 Annual Appropriation Urban Renewal Certificates of Participation, Series 2016B

59 Code means the Internal Revenue Code of 1986, as amended, or any applicable corresponding provision of any future laws of the United States of America relating to federal income taxation, and unless otherwise provided herein or required by the context hereof, includes interpretations thereof contained or set forth in the applicable regulations of the Department of the Treasury (including applicable final regulations and temporary regulations), the applicable rulings of the Internal Revenue Service (including published Revenue Rulings and private letter rulings) and applicable court decisions. Federal Tax Laws Pertaining to Tax-Exempt Bonds means Section 103 and Part IV of Subchapter B of Chapter 1 of Subtitle A of the Code and applicable regulations thereunder and interpretations thereof including, but not limited to, Section 141 of the Code, Section (b)(4) of the Income Tax Regulations and Rev. Proc (each relating to private business use). Rev. Proc means IRS Revenue Procedure 97-13, C.B. 632, as modified by IRS Revenue Procedure , C.B. 38, or any successor guidance provided by the Internal Revenue Service. Section 7.8 Entire Agreement. This Agreement, and any other writings signed by the City and Manager expressly stated to be supplemental hereto and any instruments to be executed and delivered pursuant to this Agreement, constitutes the entire agreement between the City and Manager on the matters addressed herein and supersedes all prior understandings and writings on such matters, and may be changed only by a writing signed by the City and Manager. Section 7.9 Capitalization and Headings. Capitalized terms used but not defined in a particular section of this Agreement have the meanings set forth elsewhere in this Agreement. Headings of articles and sections are inserted only for convenience and are in no way to be construed as a limitation on the scope of the particular articles or sections to which they refer. Section 7.10 Binding Effect. This Agreement will be binding on the successors and assigns of each of the City and Manager. (end of text on this page)

60 IN WITNESS WHEREOF, the City and Manager have caused this Agreement to be duly executed by their duly authorized officers effective the day and year first above written. MARRIOTT HOTEL SERVICES, INC., a Delaware corporation, By: Name: Title: CITY OF CORALVILLE, an Iowa municipal corporation By: Name: Title:

61 RESOLUTION NO RESOLUTION APPROVING A BROWN DEER GOLF COURSE MANAGEMENT SERVICES AGREEMENT WITH MARRIOTT HOTEL SERVICES, INC. WHEREAS, the City has previously contracted Marriott Hotel Services, Inc. to provide management services for the food and beverage operations at the Brown Deer Golf Course (the services ); and WHEREAS, Marriott Hotel Services, Inc. has drafted an agreement to provide said services which now requires approval by and execution on behalf of the City of Coralville; and WHEREAS, the Parks and Recreation Director has recommended approval of said agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Johnson County, Iowa, that the above-referenced agreement be and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute said agreement on behalf of the City of Coralville. * * * * * * * * Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

62 City of Coralville MEMORANDUM Date: 6/8/2017 To: From: Title: CC: Re: Hon. Mayor and City Councilmembers Kevin D. Olson City Attorney Thorsten J. Johnson CA/Argent Coralville, LLC Development Agreement set hearing This resolution sets a public hearing on the development agreement for the mixed use project to be constructed on the SE corner of the intersection of E. 7 th Street and 1 st Avenue. Prior to the issuance of any rebates, a public hearing on the proposal must be held by the Council. This Agreement rebates 100% of the additional incremental property taxes received by the city only from this Project to the Developer for the term of 20 years, and is subject to the annual appropriation of the City Council. The public hearing will be on June 27, Page 1 of 1

63 RESOLUTION NO RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSAL TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CA/ARGENT CORALVILLE, LLC. WHEREAS, CA/CORALVILLE, LLC ( Developer ) is proposing to develop a mixeduse development project on an approximate 4.28-acre parcel, located on the southeast corner of the intersection of E. 7 th Street and 1 st Avenue (the Project ); and WHEREAS, the City and Patel have proposed to enter into a Development Agreement whereby the Developer constructs the Project and the City rebates one hundred percent (100%) of the tax increment revenues collected only from the Project for a total of twenty (20) years from the date of the issuance of the Certificate of Completion of the Project; and WHEREAS, it is necessary to hold a public hearing on the proposed rebates prior to adopting the development agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coralville, Iowa, that a public hearing be set on the proposal to enter into a Development Agreement with Developer for 6:30 p.m. on Tuesday, June 27, 2017 in the Council Chambers, City Hall, th Street, Coralville, Iowa. Further, the City Clerk is directed to publish notice of said public hearing as required by law. Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

64 City of Coralville MEMORANDUM Date: 6/8/2017 To: From: Title: CC: Re: Honorable Mayor Lundell and City Council Sherri Proud Director of Parks and Recreation Kelly Hayworth Option for hotel development at Brown Deer Golf Club Fairway Suites is interested in working to match a hotel developer with the City to develop a hotel at near First Avenue at Brown Deer Golf Club. Fairway Suites and the City had previously executed an agreement for this same type of development. The company has an interested developer and would like to sign a nine month agreement to facilitate this project with the City and the developer. I ve attached an aerial of the site that we ve explored in the past for a similar project. This agreement only sets forth that the City agrees to work with Fairway Suites on this project and does not address any agreement on terms of a long term lease. Those would be negotiated if a hotel developer is brought forward. Page 1 of 1

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67 RESOLUTION NO RESOLUTION APPROVING A 9-MONTH EXCLUSIVE OPTION AGREEMENT WITH FAIRWAY SUITES DEVELOPMENT, LLC. WHEREAS, the City and Fairway Suites Development, LLC previously entered into a Lease Agreement as it pertains to property near the Brown Deer Golf Course; and WHEREAS, Fairway Suites Development, LLC, has requested a 9-month Exclusive Option Agreement for the proposed construction of a hotel near the Brown Deer Golf Course; and WHEREAS, the Parks and Recreation Director has recommended approval of the same. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Coralville, Johnson County, Iowa, that the aforementioned 9-month Exclusive Option Agreement be and the same is hereby approved. Further, the Mayor and City Clerk are hereby directed to execute the 9-month Exclusive Option Agreement on behalf of the City. Passed and approved this 13 th day of June, ATTEST: John A. Lundell, Mayor Thorsten J. Johnson, City Clerk

68 City of Coralville MEMORANDUM Date: 6/5/2017 To: From: Title: Re: Mayor and City Council City Administrator Dan Holderness, P.E. City Engineer Clear Creek South Flood Wall Phase 2 Project Change Orders No. 11 & 12 I recommend approval of Change Order No. 11, +$45,393.00, and Change Order No. 12, +$5, to Peterson Contractors, Inc. for the above-referenced project. Change Order No. 11 compensates the contractor for the change to a 65 lineal feet long T-wall section flood wall foundation from sheet piles on the east end of the project. The switch to the T-wall section design was required because of unsuitable foundation materials encountered in this area. Additional working days may be added at the end of the contract if the delay caused by this change order impacts the project completion schedule. Change Order No. 12 compensates the contractor for additional 12 water main valve restraint work required by the Water Dept. for the reconstruction of our public water main through the sheet pile flood wall foundation along Hwy 6. Page 1 of 1

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72 City of Coralville MEMORANDUM Date: 6/8/2017 To: From: Re: Mayor & City Council, City Administrator Scott Larson, P.E., Assistant City Engineer 1 st Avenue Duct Bank Project 6 th St to 9 th St Change Order #2A Change Order #2A is a revision to the previous Changer Order #2. Change Order #2A adds 10 linear feet of 30 diameter steel casing pipe and two additional spacers within the casing pipe under the CRANDIC Railroad due to changes in field conditions. Total increase to contract: $6, Page 1 of 1

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74 City of Coralville MEMORANDUM Date: 5/30/2017 To: From: Title: Scott Prochaska Rhonda Hay Administrative Assistant CC: Re: Vending Bid Bidders Fresh Healthy Vending I would like to propose that we renew out contract with Fresh Healthy Vending. We will continue with our goal to have at least 50% of our product selection meet or exceed the guidelines of the Healthy & Smart Snacks through USDA. Fresh Healthy Vending commission will be the same at 15%. Product prices through Fresh Healthy will start at $1.25 ea. and go up to $2.00 ea. Changes to this year vending machine will be adding some 100% fruit juices that Pepsi does not carry. Page 1 of 1

75 Request for Proposals Vending Machines at Coralville Recreation Center The City of Coralville Parks and Recreation Department is currently seeking proposals for the placement of vending machines at the Coralville Recreation Center. The vending machines will be placed in our game room, which has pool tables, foosball tables and a television area. The Coralville Recreation Center has approximately 230,000 visitors per year. The vending machines will be available anytime during hours the building is open. The center is open weekdays from 7:00 a.m. to 9:00 p.m., Saturdays 8:00 a.m. to 9:00 p.m. during the winter months & 8:00-6:00 p.m. during the summer months. Sundays 12:00-9:00 p.m. during the winter and 12:00-6:00 p.m. during the summer. The space allocated for vending is approximately eleven feet in wall space length. Typically, this is enough space for two vending machines. Coralville Parks and Recreation is committed to offering healthy foods and snacks. No less than 50% of the offerings in the machines will meet the USDA Smart Snacks program. Bidder will provide a sample menu of options. A flyer on the Smart Snacks program is included with this bid information. Eligible items under this bid are food and snacks, milk based products or 100% juices. Sodas, carbonated beverages, sports drinks, other juices, and water are covered under a different vending bid. A change machine or change option on the machines will be required to the proposal selected. Machines must be refrigerated, and the machine must be approved by the Recreation Superintendent to ensure it is free of dents, scratches, or otherwise coordinates with the facility. The vending company will be responsible for stocking the machine and collecting all money with a percentage of revenue paid to the Coralville Recreation Center every month. The machine must be kept reasonably stocked at all times. The vending company will have access to the machine between the hours of 7:00 a.m. and 9:00 p.m. Mon-Fri. and weekends as noted by schedule above. The vending company will provide a contact person for the machine along with contact information.

76 The contract agreement will be for two years. In order to meet our goals for healthier vending options in our facility, more than one company may be considered for machine options. Proposals will be evaluated based on sample menu provided with the bid, comparison of menu against the USDA Smart Snacks program, level of service, percentage of revenue paid, previous experience and reference checks. Proposals must be submitted in writing in a sealed envelope marked Food & Snack Vending Bid no later than 10:00 a.m. on May 30, 2017: Rhonda Hay Administrative Assistant 1506 Eighth Street Coralville, IA rhay@ci.coralville.ia.us Opening: Bids will be opened on Tuesday, May 30, 2017 at 10:00 a.m. and the intention is to include a recommendation on the agenda for council consideration at the June 6, 2017 Coralville City Council Meeting. This bid will be effective beginning July 1, Right to Refuse: The City of Coralville reserves the right to reject any and all bids and to waive any technicalities in the bidding process.

77 Vending Machine Installation and Servicing Contract This agreement made on June 13, 2017 by and by Coralville, Iowa, (hereinafter City ) and Fresh Healthy Vending (hereinafter Company ) The City desires to have vending machines installed at the Coralville Recreation Center to serve customers at the facility. Company has submitted a proposal to provide vending machines and services which is accepted by this Contract. Agreement 1. Premises. City is the owner of property known at the Coralville Recreation Center located at th Street, Coralville, Iowa,(hereinafter referred to as Properties ) 2. Vending Machines. City agrees to allow Company to install vending machines on the Properties at a location mutually agreeable to City and Company. The vending machines will continue to be the property of the Company. 3. Term. This contract may be terminated by either party upon fourteen (14) days notice to the other party either personally or by certified mail or such shorter time as the parties may agree. 4. Service and Operation. The vending machines will be owned, operated, serviced, and maintained by the Company, All vending machines will be kept in good working order by the Company and will at all times be stocked with sufficient stock of goods and shall be kept clean and sanitary throughout. 5. Payments. Company will pay to City 15% of the gross receipts derived from the sale of merchandise sold to the vending machines. Payments will be made by Company not less than once each month and shall be due within ten (10) days after the close of the month. Upon request, Company will provide copies of the Company s accurate and true record of all merchandise, collections, and inventories in connection with the proper operation of said vending machines. 6. Insurance. Company will fully insure and indemnify City against any all claims arising from the installation and servicing of the vending machines under this contract. Company will provide City with a certificate of insurance showing that the required insurance is kept enforce.