HomeMy WebLinkAboutA001 - Council Action Form dated May 14, 2024 ITEM#: 49
DATE: 05-14-24
DEPT: Administration
COUNCIL ACTION FORM
SUBJECT: AGREEMENTS WITH IOWA STATE UNIVERSITY FOR CY-TOWN
DEVELOPMENT AREA
BACKGROUND:
On March 12, 2024, the City Council received a staff report regarding the CY Town Development
Area. In that report, staff described the challenges ISU has faced in raising sufficient funds to complete
needed renovations to the original four buildings at the Iowa State Center (C.Y. Stephens Auditorium,
Fisher Theater, Hilton Coliseum, and the Scheman Building). An estimated $110 million in deferred
maintenance and upgrade projects are awaiting a source of funding before they can be completed.
Despite their best efforts to fundraise for these needed improvements, ISU has found that there is not
sufficient interest on the part of private donors to contribute funding of this magnitude towards these
types of projects.
CYTOWN'S CONNECTION TO IOWA STATE CENTER:
ISU began exploring the feasibility of a multi-use arts, culture, and community district in 2019, with the
intent to develop the underutilized parking lots between Jack Trice Stadium and the Iowa State Center.
This exploration resulted in the development concept called CYTown, which is planned to contain a
medical facility, retail and office space, an outdoor plaza and amphitheater, and residential units. In
preparation for the construction of these facilities, ISU began installing utilities and parking areas in
February 2023.
Similar models for the CYTown concept include TitleTown in Green Bay, Wisconsin, and the Power
and Light District in Kansas City, Missouri. These developments have demonstrated ways in which
cultural attractions, entertainment, and retail uses can be successfully combined in a single complex in
proximity to competition athletic facilities.
Although one objective of the CYTown development would be the creation of this new, vibrant
community attraction, there is a more important goal for this development which sets it apart from other
examples. CYTown provides an innovative strategy to finance the needed improvements for the original
four buildings at the Iowa State Center. Through the leases with tenants, ISU will create a revenue
stream that can be used to pay the debt needed to fund improvements at the Iowa State Center, thereby
rejuvenating those original facilities and safeguarding an invaluable arts and cultural center for the
Ames community.
WHY THE CITY SHOULD FACILITATE IOWA STATE CENTER IMPROVEMENTS:
City staff has held numerous discussions with ISU staff over the past several years to explore how the
development concept would work. There is agreement between the City staff and ISU administration
regarding the wisdom of taking advantage of the CYTown development to generate revenue to address
the capital improvement needs identified for the original four buildings at the Iowa State Center. It is
City staff s belief that the Iowa State Center buildings are an asset to the entire Ames community,
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towards which no City investment has been previously made. It supports the City Council's value for
Ames to be a fun, vibrant, and healthy community that attracts and retains people.
However, although there is agreement about the merits of investing in these facilities, there is
disagreement regarding the issues of 1) the University having to pay property taxes for the
improvements constructed in CYTown and 2) the ability of this university development to compete
with the private sector. The University staff focuses on a section of the Iowa Code that declares
property owned by the state to be exempt from local property taxes. On the other hand, City staff relies
on a different section of the Iowa Code that imposes restrictions on the University's ability to compete
with the private sector.
COMPROMISE REACHED:
Over the years, the relationship between the City of Ames and Iowa State University has served as a
role model for town/gown relationships with countless partnerships that benefit both entities. A
protracted dispute with respect to the issues of taxability and competition would be detrimental to the
parties' relationship and could delay or altogether thwart the renovation and improvement of the Iowa
State Center facilities.
In order to avoid such a dispute, the administrative staff from the City and Iowa State University have
designed a creative agreement that calls for a Payment In Lieu Of Taxes (PILOT) related to the City's
portion of the amount that would be normally collected from a private development. This approach
allows the improvements to move ahead without delay, generates revenue to finance the needed capital
improvements for the four original buildings, and sets aside any differences of opinion that may exist
about the issues of competition and taxation.A separate agreement addresses infrastructure and services
for the development.
It should be noted that although City staff has reached an understanding with ISU regarding
these issues as they relate to CYTown, the question of taxability is one that is determined by the
City Assessor/Iowa Department of Revenue and not by this agreement. It should be emphasized
that both of those authorities are independent of the City of Ames. In addition, although the City would
set aside its concerns regarding competition with private enterprises, these agreements do not prevent
other entities from raising the same concern.
Further, this unique arrangement applies only to the CYTown development. It does not imply the City's
approval or cooperation with any future land developments ISU might undertake at other locations.
AGREEMENTS:
At the March 12 Council meeting, staff presented two agreements related to CYTown. The first
agreement is a Memorandum of Understanding (MOU) that outlines the financial arrangements and the
manner in which funds will be collected and re-invested into the Iowa State Center facilities. The
second agreement describes the City's involvement in the construction of the improvements, the
provision of utilities, traffic control, and the interaction of other City/ISU services in this new
development (Infrastructure Agreement). The March 12 report to Council provides a summary of
the major components of each agreement.
At the March 12 meeting, the Council directed staff to negotiate two issues with the PILOT MOU
Agreement.
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1) The first was to allow for a City Manager's designee in the CYTown Advisory Committee. The MOU
has been revised to provide for any of the Advisory Committee members to appoint a designee to
represent them. (Article VI, page 5)
2) The second issue raised by the Council relates to how PILOT funds would be used in the event that
any of the original four buildings are removed. City staff and ISU representatives discussed this issue. It
should be emphasized that ISU has not indicated any proposal or desire to demolish any of the existing
Iowa State Center buildings. However, nothing in the proposed agreement prohibits ISU from
demolishing one of the existing four buildings if it chooses to do so. If that was to occur, then the
PILOT funds would be used for any of the other eligible expenses in the remaining Iowa State Center
facilities.
City and ISU staff has agreed to incorporate language in the agreement that requires the CYTown
Advisory Committee to come before City Council if ISU proposes demolishing any of the buildings at
some point in the future. The intent of this requirement is to provide an open setting where the Council
could ask questions as to how the decision was reached and whether any alternatives to demolition
exist. Ultimately, though, the decision as to whether to proceed would rest with ISU. (Article VI, page
6)
An additional clarification to the MOU addresses how the City may choose to keep PILOT revenues
rather than using these funds for capital improvements, in the event that ISU uses CYTown Remainder
PILOT funds for a purpose outside CYTown that is not specifically authorized by the agreement.
(Article VII, page 10)
UTILITY EASEMENTS:
City staff and ISU staff have agreed on acceptable language for the easements that will allow the
placement of City water and sewer infrastructure in the CYTown area. Under the easement agreement,
ISU is obligated to pay for relocation of the infrastructure and the easement area if ISU intends to place
buildings or structures that will, in the reasonable judgement of the Municipal Engineer, materially
adversely affect the operation of the infrastructure or access to it. (Article 7 of the Water & Sanitary
Sewer Utility Easement Agreement)
Relocated or expanded water and sewer infrastructure is to be installed using the same process as the
original infrastructure, as outlined in the Infrastructure Agreement. ISU would design the infrastructure
to City standards, City staff would review and approve the design, ISU would install the infrastructure
under the City's observation, and the infrastructure would be transferred to the City's ownership. The
Infrastructure Agreement has been amended to note that future infrastructure installations follow this
same process. (Articles V, VI,VII -pages 5, 7, 9)
ADDITIONAL NOTES:
Staff should note that some questions have surfaced since March 12 that warrant clarification:
Property Tax Exemption
It should be emphasized that the CYTown Agreements being presented for Council approval do
not grant an exemption to the University from paying property taxes. The University's exemption
from paying property taxes is outlined in state law, and interpreted independently by the City Assessor
and ultimately, the Iowa Department of Revenue. The purpose of the CYTown agreements between the
City and ISU is instead to emphasize the importance of the Iowa State Center as a community asset, to
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provide a process for funds collected from the development in CYTown to be invested in the Iowa State
Center, and to furnish City utility and infrastructure services to facilitate the development. If the Iowa
Department of Revenue determined in the future that some portion of CYTown is taxable, then
the agreement indicates that taxes would be collected and the PILOT arrangement becomes void
for that portion of CYTown.
Sales and Hotel/Motel Taxes
The Council has received questions regarding whether sales tax and hotel/motel taxes would be
collected in the CYTown Development Area. The sales tax question appears to be related to the fact that
purchases at the ISU Bookstore on campus are currently tax-exempt.
According to state law, sales or goods and services are exempt from sales tax if the profit from the sales
is used by a tax-exempt entity for an educational, religious, or charitable use. The location where the
sale was made is inapplicable to the question of sales tax. Businesses that locate at CYTown would
not be granted exemptions from sales tax simply by being located on University property.
However, if the ISU Bookstore or other entities that meet the tax exemption criteria locate within
CYTown,their sales would be tax-exempt.
Staff has consulted with the Department of Revenue regarding the question of hotel-motel taxes. A
hotel on ISU property would be obligated to collect hotel-motel taxes.An example of this can be
seen with the hotel in the Iowa Memorial Union at the University of Iowa, which collects the adopted
Iowa City hotel-motel tax rates on stays in its facility.
Scheman Building Improvements Underway
In early 2023, the Board of Regents approved proceeding with a $12 million renovation to the Scheman
Building to improve reception spaces and convert the auditorium to a flexible event space. These
renovations were approved prior to the CYTown agreement negotiations being completed, and therefore
are being paid using Athletics funds rather than the PILOT funds collected as part of the agreement. It is
expected that the improvements to Scheman will be available for events and programming that occur
throughout the year and not as Athletics-exclusive spaces.
ALTERNATIVES:
1. Approve the following agreements with Iowa State University for CYTown:
a. Memorandum of Understanding Relating to the CYTown Development
b. CYTown Development Area Construction, Utilities, Traffic, and Related Services Memorandum
of Understanding
c. CYTown Development Area Water and Sanitary Sewer Utility Easement Agreement
d. CYTown Development Area Electrical Easement Agreement
2. Refer this item back to staff for further information.
3. Do not approve the agreements.
CITY MANAGER'S RECOMMENDED ACTION:
The Iowa State Center has been a valuable asset over the past five decades, not only for Iowa State
University, but also for the broader Ames community and its quality of life. The facilities need
improvements in order to attract the caliber of entertainment and cultural events that were produced in
the earlier years of the Iowa State Center's existence. ISU has been unable to secure sufficient funding
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on its own to make significant progress towards these improvements. The creation of CYTown offers
the opportunity for a revenue stream to be developed which can be borrowed against by the University
to finance improvements at the Iowa State Center.
The attached agreements are necessary to 1) provide CYTown with access to utilities, 2) outline how
traffic and other infrastructure improvements will be made, and 3) describe how revenues will be
collected to finance both CYTown and the improvements to the Iowa State Center.
It is clear that these agreements are somewhat different than they would be if this arrangement was
between the City and a private developer, rather than with a state entity. However, staff believes these
agreements reflect the most effective approach to ensuring a stable revenue source for Iowa State Center
improvements. The total amounts to be collected as PILOT (MOU PILOT and Remainder PILOT) from
the tenants of CYTown will be equivalent to the amounts those tenants would pay in a similarly valued
private development. Therefore, it is the recommendation of the City Manager that the City Council
adopt Alternative#1 a-d, as described above.
ATTACHMENT(S):
Final CYTOWN CONSTRUCTION UTILITIES TRAFFIC ETC MOU
Final ISU-CIty MOU CYTOWN(PILOT)
CYTown Water and Sewer Easement
CYTown Electrical Easement
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SPACE ABOVE RESERVED FOR OFFICIAL USE
Return Document to: Michael Norton, 3550 Beardshear Hall, Ames, Iowa 50011
Document Prepared by: Michael Norton, 3550 Beardshear Hall, Ames, Iowa 50011
CYTOWN DEVELOPMENT AREA
CONSTRUCTION, UTILITIES, TRAFFIC, AND RELATED SERVICES
MEMORANDUM OF UNDERSTANDING
BETWEEN
IOWA STATE UNIVERSITY
AND
THE CITY OF AMES, IOWA
This Construction, Utilities, Traffic, And Related Services Memorandum of Understanding
(Development MOU or Agreement), made and entered into this day of ,
2024 ("Effective Date"), by and between the CITY OF AMES, IOWA ("City'), a municipal
corporation existing pursuant to the laws of the State of Iowa, and IOWA STATE UNIVERSITY OF
SCIENCE AND TECHNOLOGY ("Iowa State University" or "ISU").
WITNESSETH THAT:
WHEREAS, Iowa State University is the owner of property located between Lincoln Way and
Jack Trice Way and South University Boulevard to Beach Avenue ("CYTown Development
Area");
WHEREAS, it is the mutual desire of Iowa State University and the City to realize the
development of CYTown, a multi-use district which may contain uses including retail, office,
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residential, medical, entertainment, event space, hotel, research, academic, administrative, and
other similar activities and related supporting infrastructure;
WHEREAS, the development of CYTown will facilitate investments in the existing Iowa State
Center buildings to create a premier performing arts, visitor, events, and entertainment area;
WHEREAS, the City and Iowa State University have entered into a separate memorandum of
understanding to address the financing of the improvements to the Iowa State Center facilities
executed by the parties on ; and,
WHEREAS, the construction and management of the public services related to the CYTown
Development Area requires coordination between the City and Iowa State University with
regard to utilities, traffic, public safety, permitting, and other related matters;
NOW, THEREFORE, the parties hereto have agreed and do agree as follows:
I. INCORPORATION OF RECITALS:
A. The foregoing Recitals are incorporated herein as if fully set forth in this paragraph.
II. PURPOSE:
A. It is the purpose of this Agreement to set forth the mutual understanding of the Parties
regarding:
1. Design, installation, ownership, operation, and maintenance of utility improvements
necessary to serve the CYTown Development Area, including:
a. Water,
b. Sanitary Sewer,
c. Electrical Service, and
d. Storm Sewer;
2. Design, installation, ownership, operation, and maintenance of traffic improvements
necessary to serve the CYTown Development Area;
3. Standards and permitting requirements for storm water management and flood
plain development in the CYTown Development Area; and
4. Law enforcement and fire protection services in the CYTown Development Area.
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III. DEFINITIONS:
As used in this Agreement, the following terms have the meanings outlined below:
A. End User— Each Tenant and each entity responsible for the use and costs of water,
sanitary sewer, and/or electric utility services provided by the City within the CYTown
Development Area. ISU is considered an End User for any utilities used for common
areas within the CYTown Development Area (e.g., parking lot lights, irrigation water
connections, etc.).
B. Tenant—Any person or entity holding possession of a designated portion of the CYTown
Development Area, whether by lease agreement or assignment of responsibility by ISU
to one of its organizational sub-units. Tenants include, but are not limited to,
commercial space lessees, occupants of each CYTown Suite, and University offices.
IV. GEOGRAPHIC AREA:
A. The CYTown Development Area is depicted on Attachment 1 to this Agreement.
V. WATER SYSTEM IMPROVEMENTS
A. New buildings or other uses of potable water constructed in the CYTown Development
Area after the Effective Date of this Agreement are to be provided with a connection to
the City's public water supply service in accordance with the procedures of this Section
V.
B. The water mains, fire hydrants, valves, and other appurtenant devices necessary to
provide the City's public water supply service to the new buildings or other uses of
potable water within the CYTown Development Area shall be considered "water system
improvements."
C. ISU shall prepare plans and specifications in accordance with standards adopted by the
City for water system improvements to be installed within the CYTown Development
Area. ISU shall obtain approval for the plans and specifications of the water system
improvements from the City's Municipal Engineer prior to installation.
D. ISU shall install the water system improvements in accordance with the plans and
specifications approved by the City.
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E. The installation of water system improvements is to be inspected by the City's
construction inspection staff, and ISU shall pay the City for such inspection(s) in
accordance with the standard rates and fees charged to other contractors in the City.
F. Upon certification of acceptance and completion of the water system improvements,
ownership of the water system improvements shall pass to the City, and the City shall
thereafter be responsible for operation and maintenance of the water system
improvements, including costs.
G. Service lines extending from the water mains (including the corporation cock, service
line, curb cock and curb box, and shut-off valves for the meter setting) to facilities within
the CYTown Development Area shall be the responsibility of ISU to install and maintain.
ISU agrees to maintain its service lines in a state of good repair as required in Ames
Municipal Code Section 28.214.
H. All connections of service lines to water mains shall be completed in accordance with
normal City standards and adopted codes for commercial water service line
connections. ISU shall notify the City in advance of the connection of service lines to
water mains. ISU understands and agrees that the City's Cross-Connection Control
ordinance (Section 28.209B of Ames Municipal Code) requires that any service
connection where no City plumbing permit is obtained (reference Section X of this
Agreement) must include an approved backflow protection device at the service
entrance.
I. End Users of the City's public water supply system shall have water meters installed in
accordance with the City's normal standards and adopted codes, and the costs for
meters shall be paid by ISU.
J. Each meter shall be assigned to a customer account in accordance with the City's
standards as adopted in Municipal Code for water service, and shall be subject to the
City's adopted rates for consumption and other charges in the same manner as the
City's other retail water customers.
K. Buildings or other uses of potable water existing within the CYTown Development Area
as of the Effective Date of this Agreement are to remain on the water supply service
provided by ISU. However, ISU may request that any such existing building or other use
of potable water be transferred to the City's public water supply service. If approved by
the City, any such transfer will take place in accordance with the installation and
operation provisions of this Section V, including the requirements for the transfer of
ownership to the City for water mains and other water system infrastructure.
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L. ISU and the City acknowledge that: ISU has installed certain water system improvements
in the CYTown Development Area as of the Effective Date of this Agreement; that the
City's construction inspection staff has inspected the improvements and issued a
certification of acceptance and completion; and ownership of the improvements has
passed to the City. The location of the improvements is set forth in a Water and Sanitary
Sewer Utility Easement Agreement executed by ISU and City and dated June 13, 2024.
M. Any relocated or expanded water system improvements that may become necessary
after the initial installation occurs shall be subject to the same design, installation,
acceptance, and operating provisions set forth in Paragraphs V(C-J) of this Agreement in
the same manner as the original water system improvements.
VI. SANITARY SEWER SYSTEM IMPROVEMENTS
A. New buildings or other uses of potable water constructed in the CYTown Development
Area after the Effective Date of this Agreement are to be provided with a connection to
the City's sanitary sewer collection system in accordance with the procedures of this
Section VI.
B. The sanitary sewer mains, manholes, and other appurtenant devices necessary to
provide sanitary sewer collection for the new buildings and other uses of potable water
shall be considered "sanitary sewer system improvements."
C. ISU shall prepare plans and specifications in accordance with standards adopted by the
City for sanitary sewer system improvements to be installed within the CYTown
Development Area. ISU shall obtain approval for the plans and specifications of the
sanitary sewer system improvements from the City's Municipal Engineer prior to
installation.
D. ISU shall install the sanitary sewer system improvements in accordance with the plans
and specifications approved by the City.
E. The installation of sanitary sewer system improvements is to be inspected by the City's
construction inspection staff, and ISU shall pay the City for such inspection(s) in
accordance with the standard rates and fees charged to other contractors in the City.
F. Upon certification of acceptance and completion of the sanitary sewer system
improvements, ownership of the sanitary sewer system improvements shall pass to the
City, and the City shall thereafter be responsible for operation and maintenance of the
sanitary sewer system improvements, including costs.
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G. Service lines extending from the facilities to the sanitary sewer mains within the CYTown
Development Area, including the connection to the sewer main, shall be the
responsibility of ISU to install and maintain. ISU agrees to maintain its service lines in a
state of good repair as required in Ames Municipal Code Section 28.305(A).
H. All connections of service lines to sanitary sewer mains shall be completed in
accordance with normal City standards and adopted codes for commercial sanitary
sewer service line connections. ISU shall notify the City in advance of the connection of
service lines to sanitary sewer mains.
I. Each customer account for water consumption as described in Paragraph V(J) of this
Agreement shall be subject to the City's adopted rates for sanitary sewer discharge and
other charges in the same manner as the City's other retail sanitary sewer customers.
J. In advance of ISU granting any tenant occupancy of any portion of the CYTown
Development Area, ISU shall notify the City of Ames Water and Pollution Control
Department if that tenant has the potential to discharge wastewater that is not similar
to domestic sewage (e.g., restaurant users, etc.). Such tenant may be required to install
grease interceptors or other pre-treatment equipment meeting the design, sizing, and
performance specifications provided by the City, as a pre-requisite to obtaining water
and sanitary sewer service.
K. Depending on the customer type and their particular sewer discharges, the individual
customer accounts described in Paragraphs V(J) and VI(I) of this Agreement may be
subject to the provisions in Ames Municipal Code related to the discharge of fats, oils
and grease (FOG) or high-strength waste, and/or the industrial pre-treatment program.
ISU shall be responsible for the installation, ownership, and maintenance of any grease
interceptors or other pre-treatment equipment necessary to comply with the sanitary
sewer discharge regulations of Ames Municipal Code.
L. Buildings or other uses of potable water existing within the CYTown Development Area
as of the Effective Date of this Agreement which discharge into ISU's sanitary sewer
collection system are to remain on the sanitary sewer collection system provided by ISU.
However, ISU may request that any such existing building or other use of potable water
that discharges into ISU's sanitary sewer collection system be transferred to the City's
sanitary sewer collection system. If approved by the City, any such transfer will take
place in accordance with the installation and operation provisions of this Section
(Section VI), including the requirements for the transfer of ownership to the City for
sanitary sewer mains and other sanitary sewer system infrastructure.
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M. ISU and the City acknowledge that: ISU has installed certain sanitary sewer system
improvements in the CYTown Development Area as of the Effective Date of this
Agreement; that the City's construction inspection staff has inspected the
improvements and issued a certification of acceptance and completion; and ownership
of the improvements has passed to the City. The location of the improvements is set
forth in a Water and Sanitary Sewer Utility Easement Agreement executed by ISU and
City and dated June 13, 2024.
N. Any relocated or expanded sanitary sewer system improvements that may become
necessary after the initial installation occurs shall be subject to the same design,
installation, acceptance, and operating provisions set forth in Paragraphs VI(C-K) of this
Agreement in the same manner as the original sanitary sewer system improvements.
VII. ELECTRIC SYSTEM IMPROVEMENTS
A. New buildings or other uses of electric power constructed in the CYTown Development
Area after the Effective Date of this Agreement are to be provided with a connection to
the City's Electric Utility in accordance with the procedures of this Section VII and
applicable policies and procedures of Ames Municipal Code.
B. The electrical duct bank, transformer pads, and other appurtenant features necessary to
provide electrical service for the new buildings and other uses of electric power shall be
considered "electrical system improvements."
C. ISU shall prepare plans and specifications in accordance with standards adopted by the
City for the electrical system improvements [to be furnished by ISU, as described in
Paragraph VII(B)], and the electrical distribution cable and transformers [to be furnished
by Ames, as described in Paragraph VII(F)] to be installed within the CYTown
Development Area. ISU shall obtain approval for the plans and specifications from the
City's Electric Services Department engineering staff prior to installation.
D. ISU shall install the electrical system improvements in accordance with the plans and
specifications approved by the City.
E. The installation of electrical system improvements is to be inspected by the City's
Electric Services Department engineering staff, and ISU shall pay the City for such
inspection(s) in accordance with the standard rates and fees charged to other
contractors in the City.
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F. The City shall be responsible for furnishing and installing all electrical distribution cable
and transformers necessary to provide electric power service to new buildings or other
uses of electric power within the CYTown Development Area. All electrical equipment
from the electrical distribution system up to and including the transformer, shall be
owned and maintained by the City.
G. Electric service lines extending from the transformers to individual buildings or other
users of electrical power within the CYTown Development Area shall be owned, installed
and maintained by ISU. All connections of service lines to electrical transformers shall be
completed in accordance with normal City standards and adopted codes for commercial
electrical connections.
H. End Users of the City's Electric Utility services shall have separate electrical meters and
instrument transformers (if instrument-rated) installed in accordance with the City's
normal standards and adopted codes, and the cost for electric meters and instrument
transformers shall be paid by the City. ISU shall provide meter panels and any current
transformer enclosures at its cost and where specified by Ames Municipal Electric
System as necessary to provide electrical service.
I. Each meter shall be assigned to a customer account in accordance with the City's
standards as adopted in Municipal Code for electrical service and shall be subject to the
City's adopted electrical rates and other charges in the same manner as the City's other
retail electrical customers.
J. Any street lighting or parking lot lighting within the CYTown Development Area shall be
the responsibility of ISU to own, install, and maintain. Street and/or parking lot lighting
shall be connected to the City's Electric Utility at metering locations as agreed between
Ames and ISU. Costs for electricity for street lighting or parking lot lighting shall be paid
as provided in Paragraph VII(I) of this Agreement.
K. Buildings or other uses of electric power currently serviced by ISU and existing within
the CYTown Development Area as of the Effective Date of this Agreement are to remain
on the electric power system provided by ISU. However, ISU may request that any such
existing building or other use of electric power within the CYTown Development Area be
transferred to the City's Electric Utility as a retail customer. If approved by the City, any
such transfer will take place in accordance with the installation and operation provisions
of this Section VII and any additional infrastructure or conditions determined necessary
by the City to complete the acceptance and connection, such as metering, primary
connections, transformers, etc.
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L. Any relocated or expanded electrical system improvements that may become necessary
after the initial installation occurs shall be subject to the same design, installation,
acceptance, and operating provisions set forth in Paragraphs VII(C-J) of this Agreement
in the same manner as the original electrical system improvements.
VIII. STORM WATER MANAGEMENT
A. ISU shall be responsible for the management of storm water within the CYTown
Development Area, including any special storm water management practices and
improvements necessary on a temporary basis during construction, in accordance with
the provisions of the ISU Municipal Separate Storm Sewer System Permit as issued by
the Iowa Department of Natural Resources.
B. ISU shall provide the City with a copy of its Storm Water Management Plan for the
CYTown Development Area upon request.
C. Provided that no storm water collected within the CYTown Development Area passes
into or through any storm sewer feature operated under the Municipal Separate Storm
Sewer Permit issued by the Iowa Department of Natural Resources to the City of Ames,
the Ames utility customers within the CYTown Development Area shall be exempt from
rates and fees charged by the City for storm water management.
D. In the event it becomes necessary to install storm water management features in Stuart
Smith Park to meet the storm water management needs of the CYTown Development
Area, ISU agrees to locate any such storm water management features in such a manner
as to preserve the existing shared-use path in that park. If the shared use path must be
relocated in order to facilitate the installation of any storm water management features
for the CYTown Development Area, ISU shall relocate the shared-use path at its sole
expense, to a location satisfactory to the City of Ames.
IX. FLOOD PLAIN DEVELOPMENT PERMITTING
A. Prior to the initiation by ISU of any excavation, filling, grading, construction, or
remodeling within the Special Flood Hazard Area, as that area is determined in the City's
adopted Flood Plain Map, ISU shall apply to the City for a Flood Plain Development
Permit. Approval of the Flood Plain Development Permit by the City shall not be
unreasonably withheld.
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X. BUILDING PERMITS AND FIRE CODE; INSPECTIONS
A. Construction within the CYTown Development Area will be governed by the building and
fire code requirements administered by the Iowa State Fire Marshal, as is customary for
other state-owned construction projects. However, prior to construction, ISU agrees to
consult with the Ames Fire Chief or designee regarding the construction plans, to
identify any potential impediments to the provision of effective fire or emergency
medical services to the site by the Ames Fire Department.
XI. TRAFFIC SYSTEM IMPROVEMENTS
A. All roads and traffic improvements for internal traffic circulation within the CYTown
Development Area shall be the responsibility of ISU to design, construct, own, and
maintain. This includes any traffic improvements on Jack Trice Way between Beach
Avenue and University Boulevard.
B. Any easements or private property to implement the improvements described in this
Section XI shall be the responsibility of ISU to acquire. The City shall have no
responsibility for any acquisition costs or condemnation proceedings related to the
improvements described in this Section XI.
C. The road and traffic improvements indicated in this Section are the same as those set
forth in the CYTown-Parking and Infrastructure Improvements Traffic Study completed
by Snyder &Associates and dated January 30, 2023 ("2023 Traffic Study"). The
improvements described in this Section shall be constructed in the manner described in
the 2023 Traffic Study, unless the City's Traffic Engineer approves an alternative, in
writing, on the basis of changed roadway or traffic conditions in the time since the 2023
Traffic Study was completed.
D. Center Drive and University Boulevard Traffic Signal and Intersection Improvements:
1. ISU shall prepare plans and specifications for the installation of a traffic signal
and related intersection improvements at the intersection of Center Drive and
University Boulevard ("University/Center Intersection Improvements"). These
plans and specifications shall be prepared in accordance with the standards
adopted by the City. ISU shall obtain approval from the City's Traffic Engineer for
the plans and specifications of the University/Center Intersection Improvements
prior to installation.
Page 10 of 18
15
2. ISU shall construct the University/Center Intersection Improvements prior to
obtaining a certificate of occupancy for the first four buildings within Phase I of
the CYTown Development Area.
3. Deferral of Construction—The City shall defer the requirement for construction
of the University/Center Intersection Improvements if, prior to construction, the
City's Traffic Engineer determines that the intersection does not meet traffic
signal warrant(s) as outlined in the Manual on Uniform Traffic Control Devices
(MUTCD). When making this determination, the City's Traffic Engineer shall take
into consideration any revised traffic impact study that exists. However, nothing
in this paragraph shall be construed to require the City to undertake or pay for a
revised traffic impact study. A deferral shall not be unreasonably withheld.
Any deferral granted by the City to ISU shall be accompanied by either: 1) a
revised deadline by which the improvements are to be constructed, or 2) specific
traffic conditions that, if evidenced, would require the improvements to be
constructed. A deferred deadline is subject to subsequent deferral in the same
manner as the original construction requirement.
4. ISU shall be responsible for all costs to design and construct the
University/Center Intersection Improvements. The traffic signal shall be
dedicated to the City upon completion, and thereafter owned, operated, and
maintained by the City. ISU shall be responsible for one-third of the future
replacement costs of the traffic signal, when replacement is deemed warranted
by the City's Traffic Engineer. Turn lane improvements at this intersection shall
be owned and maintained by the City if on the south or north legs of the
intersection, and owned and maintained by ISU if on the west leg of the
intersection.
E. Beach Avenue and Jack Trice Way Traffic Signal and Intersection Improvements:
1. ISU shall prepare plans and specifications for the installation of a traffic signal
and related intersection improvements at the intersection of Beach Avenue and
Jack Trice Way (referred to hereinafter as "Beach/Jack Trice Way Intersection
Improvements"). These plans and specifications shall be prepared in accordance
with the standards adopted by the City. ISU shall obtain approval from the City's
Traffic Engineer for the plans and specifications of the Beach/Jack Trice Way
Intersection Improvements prior to installation.
2. ISU shall construct the Beach/Jack Trice Way Intersection Improvements prior to
obtaining a certificate of occupancy for either:
Page 11of18
16
a. A hotel located within the CYTown Development Area; or,
b. The first two buildings within Phase II of the CYTown Development Area,
whichever occurs earlier.
3. Deferral of Construction—The City shall defer the requirement for construction
of the Beach/Jack Trice Way Intersection Improvements if, prior to construction,
the City's Traffic Engineer determines that the intersection does not meet traffic
signal warrant(s) as outlined in the Manual on Uniform Traffic Control Devices
(MUTCD). When making this determination, the City's Traffic Engineer shall take
into consideration any revised traffic impact study that exists. However, nothing
in this paragraph shall be construed to require the City to undertake or pay for a
revised traffic impact study. A deferral shall not be unreasonably withheld.
Any deferral granted by the City to ISU shall be accompanied by either: 1) a
revised deadline by which the improvements are to be constructed, or 2) specific
traffic conditions that, if evidenced, would require the improvements to be
constructed. A deferred deadline is subject to subsequent deferral in the same
manner as the original construction requirement.
4. ISU shall be responsible for all costs to design and construct the Beach/Jack Trice
Way Intersection Improvements. The traffic signal shall be dedicated to the City
upon completion, and thereafter owned, operated, and maintained by the City.
ISU shall be responsible for one-fourth of the future replacement costs of the
traffic signal, when replacement is deemed warranted by the City's Traffic
Engineer. Turn lane improvements at this intersection shall be owned and
maintained by the City if on the south, west, or north legs of the intersection,
and owned and maintained by ISU if on the east leg of the intersection.
F. Beach Avenue and Center Drive Traffic Improvements:
1. ISU shall prepare plans and specifications for the realignment of the intersection
of Center Drive, Beach Avenue, and Greeley Street ("Beach/Center Intersection
Improvements"). These plans and specifications shall be prepared in accordance
with the standards adopted by the City. ISU shall obtain approval from the City's
Traffic Engineer for the plans and specifications of the Beach/Center Intersection
Improvements prior to installation.
2. ISU shall construct the Beach/Center Intersection Improvements prior to
obtaining a certificate of occupancy for either:
Page 12 of 18
17
a. A hotel located within the CYTown Development Area; or,
b. The first two buildings within Phase II of the CYTown Development
Area, whichever occurs earlier.
3. Deferral of Construction—The City shall defer the requirement for construction
of the Beach/Center Intersection Improvements if, prior to construction, the
City's Traffic Engineer determines that the intersection does not require
realignment based on contemporary traffic engineering principles. When making
this determination, the City's Traffic Engineer shall take into consideration any
revised traffic impact study that exists. However, nothing in this paragraph shall
be construed to require the City to undertake or pay for a revised traffic impact
study. A deferral shall not be unreasonably withheld.
Any deferral granted by the City to ISU shall be accompanied by either: 1) a
revised deadline by which the improvements are to be constructed, or 2) specific
traffic conditions that, if evidenced, would require the improvements to be
constructed. A deferred deadline is subject to subsequent deferral in the same
manner as the original construction requirement.
G. Country Club Neighborhood Traffic Calming:
1. Upon the occupancy of the first four buildings in Phase I of the CYTown
Development Area, the City's Traffic Engineer shall evaluate the traffic conditions
in the neighborhood located west of Beach Avenue (between Lincoln Way, Ash
Avenue, Beach Avenue, and Cessna Street). Thereafter, if determined warranted
by the City's Traffic Engineer, the City may install traffic calming improvements in
that neighborhood.
2. ISU shall reimburse the City for the actual costs to construct and/or install any
traffic calming features consistent with contemporary standards of traffic
engineering in the neighborhood west of Beach Avenue, provided that the City
provides notification to ISU of the proposed measures prior to finalizing their
design. Within thirty (30) days of receipt of notification, ISU may request a
conference with the City's Traffic Engineer to discuss the traffic calming
measures and to propose alternatives. If the City elects not to proceed with an
alternative as proposed by ISU, the City will provide a statement in writing
detailing the reasons therefor. Upon completion of the installation of the traffic
calming measures, ISU shall have no obligation for maintenance or repair of the
Page 13 of 18
18
traffic calming measures, and any future traffic calming measures or
modifications shall be the responsibility of the City.
XII. EASEMENTS
A. Prior to completion by ISU and acceptance by the City of any Water System
Improvements, Sanitary Sewer System Improvements, Electric System Improvements, or
Traffic System Improvements in the CYTown Development Area as described in this
Agreement, ISU shall grant to the City by executed instruments, without charge to the
City, easements for the installation and maintenance of such improvements and any
future related improvements as may be necessary to provide services to the CYTown
Development Area. The easements shall be memorialized using the easement template
approved by City and ISU staff on October 26, 2023, unless ISU and the City mutually
agree otherwise.
B. Off-Site Electrical Improvements: The Parties understand that improvements to the
City's electrical distribution infrastructure outside the CYTown Development Area will be
necessary in order to reliably serve the anticipated needs of the CYTown Development
Area. The City shall be responsible for obtaining any private property easements
necessary to construct these off-site improvements. However, in locations where the
City requires the installation of electrical distribution infrastructure across or under ISU
property outside of the CYTown Development Area in order to serve the CYTown
Development Area, ISU agrees to provide electrical easements to the City in mutually
acceptable locations using the easement template approved by City and ISU staff on
October 26, 2023, unless ISU and the City mutually agree otherwise.
XIII. UNDERGROUND FACILITY LOCATING
The City shall be responsible for locating and marking its underground facilities within the
CYTown Development Area (water, sanitary sewer, electric, and traffic signal underground
facilities) in accordance with Iowa Code Chapter 480. The City shall have no responsibility to
locate or mark underground facilities that are the property of ISU, including but not limited to
water corporation cocks, curb cocks and curb boxes, service lines, parking lot light electric lines
or other utilities installed or operated by ISU within the CYTown Development Area. ISU shall be
responsible for locating and marking any underground facilities owned by ISU.
XIV. LAW ENFORCEMENT
Law Enforcement operations within the CYTown Development Area shall be administered
under the "Intergovernmental 28E Agreement for Combined Law Enforcement Services" filed
May 17, 2018 with the Iowa Secretary of State, or any successor agreement thereto.
Page 14 of 18
19
XV. FIRE PROTECTION
Fire protection services within the CYTown Development Area shall be administered under the
"Agreement between the City of Ames and the Board of Regents, State of Iowa for Fire Services
at Iowa State University" dated May 19, 1981, or any successor agreement thereto.
XVI. AMENDMENT
This Agreement represents the entire Agreement of the parties. Any amendment to this
Agreement shall be in writing, approved by each party, and executed by the authorized
representative of each party.
XVII. SEVERABILITY
In the event any part or paragraph of this Agreement is declared void as being contrary to Iowa
law, the remaining provisions of this Agreement that are valid shall continue in full force and
effect.
XVIII. INDEMNIFICATION
To the extent permitted by law, each party shall indemnify and hold harmless the other party
and the other party's officers, agents and employees, against any and all claims, demands,
damages, loss or liability incurred by the indemnified party, including reasonable legal fees,
directly or indirectly resulting from or arising out of the negligent or wrongful acts or omissions
of the indemnifying party, or its officers, agents or employees.
XIX. PRIOR AGREEMENTS
In the event any provision of this Agreement conflicts with a provision of another Agreement
between the parties existing as of the Effective Date of this Agreement, the provisions of this
Agreement shall control.
XX. TERMINATION
This Agreement shall remain in effect unless terminated by the mutual consent of the Parties
hereto.
Page 15 of 18
20
XXI. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all such counterparts shall together constitute but one and the
same instrument.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed effective
as of the date first above written.
CITY OF AMES, IOWA IOWA STATE UNIVERSITY
By: By:
John Haila, Mayor Wendy Wintersteen, President
Attest:
Renee Hall, City Clerk
Page 16 of 18
21
ATTACHMENT 1: CYTOWN DEVELOPMENT AREA BOUNDARIES
CYTOWN DEVELOPMENT AREA
PROPERTY DESCRIPTION:
A PART OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M.,CITY OF AMES,STORY
COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10;THENCE SOUTH 00°29W EAST ALONG THE WEST LINE OF SAID
NORTHWEST 1/4,A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY;THENCE NORTH 81 EAST
ALONG SAID SOUTH RIGHT-OF-WAY LINE,33.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF BEACH AVENUE AND TO THE POINT OF
BEGINNING;THENCE NORTH 89'17'01'EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE,1AW.03 FEET TO THE WEST RIGHT-OF-WAY LINE
OF UNIVERSITY BOULEVARD; THENCE SOUTH 52'3624' EAST ALONG SAID WEST RIGIiT-0E-WAY LINE, 90.95 FEET ; THENCE
SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 2,371.83 FEET,
WHOSE ARC LENGTH IS 537.80 FEET AND WHOSE CHORD BEARS SOUTH 09°31'49"EAST,538.65 FEET;THENCE SOUTH 16'1 EAST
CONTINUING ALONG SAID WEST RIGHT-O WAY LINE, 394.64 FEET; THENCE SOUTHERLY CONTINUING ALONG SAID WEST
RIGHT-O WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1,821 FEET,WHOSE ARC LENGTH IS 487.84 FEET
AND WHOSE CHORD BEARS SOUTH 08-23'30"EAST,486.20 FEET;THENCE SOUTH 00°4526"EAST CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE,474.80 FEET;THENCE SOUTH 89°14'34"WEST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE,10.00 FEET;
THENCE SOUTH OO°45'26"EAST CONTINUING ALONG SAID WEST RIGHT-O WAY LINE,31924 FEET;THENCE SOUTH 81 WEST,
1,814.81 FEET TO SAID EAST RIGHT-O WAY LINE OF BEACH AVENUE;THENCE NORTH 0'29'25'WEST ALONG SAID EAST RIGHT-OF-WAY
LINE,2,238.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 89.20 ACRES(3,885,520 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
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Sec.10-83-24
DATE OF SURVEY Co ner Cert.Inst No.2021-13163
AUGUST 16,2023
CURVE TABLE 0 300
CURVE NO. DELTA RADIUS ARC LENGTH TANGENT CHORD BEARINGIDISTANCE
C-1 12°59'29"LT 2,371.83' 537.80' 270.06' S9°31'49"E 536.65'
C-2 15°16'08"RT 1,829.86' 487.64' 245.27' S8°23'30"E 496.20'
SCALE (FEET)
CYTOWN DEVELOMENT AREA SHEET 1 OF 1
PIN: 1220768
EXHIBIT DRAWING FLDBK:881A 138
S N Y D E R 2727 S.W.SNYDER BLVD. DATE: 12/15/23
&ASSOCIATES ANKENY,IA 50023(515)964-2020 PMRECH:EJM/SDB
Page 17 of 18
22
ATTACHMENT 2: CYTOWN DEVELOPMENT AREA PHASING PLAN
Phase 2
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Page 18 of 18
23
Memorandum of Understanding Between Iowa State University
and The City of Ames, Iowa Relating to the CYTown Development
This Memorandum of Understanding ("MOU" or "Agreement") entered this day of
2024, by and between the CITY OF AMES, IOWA ("City'), and IOWA STATE
UNIVERSITY OF SCIENCE AND TECHNOLOGY ("Iowa State University" or "ISU"),
RECITALS
Iowa State University is the owner of property located between Lincoln Way and Jack Trice
Way, South University Boulevard to Beach Avenue ("CYTown Development Area"); and,
Iowa State University intends to develop the CYTown Development Area to create a multi-use
district, which may contain uses including retail, office, residential, medical, entertainment,
event space, hotel, research, academic, administrative, and other similar activities and related
supporting infrastructure; and,
The existing major facilities located within the boundaries of the CYTown Development Area,
including C.Y. Stephens Auditorium, Fisher Theater, Hilton Coliseum, and the Scheman Building,
have been art and cultural anchors of the Ames and ISU community since the first facility was
opened in 1969; and,
The City and ISU agree that a prosperous local arts and entertainment community improves the
welfare, comfort, and convenience of Ames' citizens, promotes economic development and
tourism, and enhances the community identity; and,
The existence of quality facilities and equipment is necessary to achieve these objectives; and,
The existing facilities require substantial financial investments in maintenance and
enhancements, and insufficient funding exists to complete these investments; and,
The development of complementary facilities and attractions within the vicinity creates the
opportunity to both finance those investments and regain the status of these facilities as a
premier performing arts, visitor, events, and entertainment center of the community and state;
and,
The City and ISU have a long history of cooperating together for the benefit of both the Ames
Community and the University.
Page 1 of 17
24
Accordingly, it is the mutual desire of ISU and the City to realize the development of a premier
performing arts, visitor, events, and entertainment area, and the parties have committed to
mutual understanding regarding the cooperation between them as provided for in this MOU to
achieve this development.
I. DESCRIPTION OF DEVELOPMENT GOALS
The parties intend that the CYTown Development Area (which area is described in Section IV of
this Agreement) will achieve the following:
A. Rehabilitate and enhance the performing arts, visitor, and events facilities within the
CYTown Development Area, for the benefit of Iowa State University and the community
of Ames; and,
B. Develop new Convention and Hotel space and rehabilitate existing Convention space;
and,
C. Attract and retain students, visitors, employees, and businesses to Iowa State University
and the City of Ames; and,
D. Develop a "destination" to attract individuals to the community to work, play, and live;
and,
E. Generate revenues to achieve the rehabilitation and enhancement efforts as described
a bove.
II. PURPOSE OF MEMORANDUM OF UNDERSTANDING
It is the purpose of this MOU to:
A. Establish the Principles and General Understanding between the parties regarding their
cooperative relationship to establish the goals set forth above; and,
B. Identify mutually beneficial funding sources to help accomplish the rehabilitation and
enhancement of the performing arts, visitor, and events facilities within the CYTown
Development Area; and,
C. Develop a framework to resolve issues that may arise between the Parties pertaining to
taxability and other legal provisions that may jointly impact ISU and the City.
III. DEFINITIONS:
As used in this MOU, the following terms have the meanings outlined below:
Page 2 of 17
25
Convention—Conferences, seminars, trade shows, meetings, trainings, or symposia, generally
of an educational or professional nature, where indoor open space is necessary to facilitate an
assembly of people with a common interest.
CYTown Suites—Apartment-style dwelling units, access to which is made available to certain
donors to ISU.
Events—Scheduled activities that provide opportunity for interaction in a social setting,
including banquets, galas, balls, or lectures.
Food and Drink Establishments— Restaurants, bars, breweries, distilleries, and other places
serving food or beverages, providing service to visitors to the CYTown Development Area.
Hotel -Any number of buildings or portions thereof providing lodging or rooming to transient
members of the public.
Medical—A facility providing medical or surgical care to patients where overnight care is not
provided.
Office—A facility containing activities conducted in an office setting and primarily focusing on
administrative, business, government, professional, medical, or financial services.
Performing Arts—Creative arts performed in front of an audience, including music, dance,
comedy performances, and theater.
Retail—A facility containing uses that involve the sale, lease, or rental of new or used consumer
products, including prepared foods, to the general public and uses providing services involving
predominantly personal or business services, including repair of consumer and business goods.
Retail shall not include service stations, motor vehicle, truck, or equipment sales.
Tenant -Any non-ISU person or entity charged rent, or where any other consideration is
required in exchange for a right to occupy the premises by a non-ISU person or entity.
Visitor—A person who travels to the CYTown Development area to enjoy an event, food and
drink establishment, performing art, or entertainment activity.
IV. CYTOWN DEVELOPMENT AREA COMPONENTS:
A. The extent of the CYTown Development Area is depicted on Attachment 1 to this
Agreement. The CYTown Development Areas consists of the land and improvements
Page 3 of 17
26
located south of Lincoln Way, north of Jack Trice Way, west of South University
Boulevard, and east of Beach Avenue, in Ames, Iowa, excluding:
1. The Alumni Center building,
2. Any traditional research, academic, or administrative building servicing solely ISU
within the boundaries of the CYTown Development Area, and
3. The existing facilities in the CYTown Development Area including ("Existing
Facilities"):
a. C.Y. Stephens Auditorium
b. Fisher Theater
c. Scheman Building
d. Hilton Coliseum
e. Campbell Transit Center
B. PROPOSED FACILITIES:
BLDG. PHASE USE PLAN AREA
(sq.ft.)
A II University Use 20,300
B II Retail/Event 15,000
C II L1: Office/L2-3: Office/Suites 9,500
D I L1: Office/1-2-3: Office/Suites 7,000
E I L1: Office/L2-3: Office/Suites 24,050
F I Medical Clinic 16,667
G I Restaurant/ Event 15,823
H I Retail/Event 12,025
1 1 Retail /Event 12,025
J II Retail /Event 17,000
K 11 Retail /Event 15,000
L 11 Convention/ Hotel 55,000
C. The proposed facilities and their configuration as described in the table above are
preliminary and conceptual in nature, and the parties understand that the facilities to be
constructed and operated may not be built to these exact specifications of square
footage or locations. The configuration, timing of the construction, and opening of the
proposed facilities described in this MOU is within the sole discretion of Iowa State
University.
D. In general, however, for purposes of this MOU only, the CYTown Development Area is
described in the following two phases:
Page 4 of 17
27
1. Phase I - the facilities located in the portion of the CYTown Development
Area bounded on the south by Jack Trice Way and on the north by an east-
west line 700 feet north of the centerline of Jack Trice Way (Buildings E, F, G,
H, and I as depicted on Attachment 2)
2. Phase II - any facility not included in Phase I.
E. As part of the development expenses of the CYTown Development Area, the Campbell
Transit Center has been demolished and will be reconstructed by ISU in another portion
of the CYTown Development Area to facilitate the construction of the overall CYTown
Development Area. For purposes this MOU, the relocated Campbell Transit Center is not
part of Phase I or Phase II.
V. ISSUES OF STATE LAW
A. The Parties understand that there are areas of State law including taxation and
competition with private enterprises that may impact the development. While
recognizing that this MOU does not supersede State law, the Parties agree, to the extent
allowed by State law, to work together where appropriate to attempt to address and
resolve issues that arise relating to any aspect of the CYTown Development that
implicates issues of governmental competition with private enterprise or taxation.
B. The City and ISU agree that to the fullest extent allowed by law, from the revenue
generated through the CYTown Development, an amount equivalent to the normal
property tax collection attributable/payable to the City for similar private developments
will be invested back into the CYTown Development as described in this MOU Paragraph
VII. The City and ISU agree to take all action within their legal authority to facilitate this
intent. The parties agree not to take any formal affirmative action within their legal
authority inconsistent with this intent.
C. The agreements described in this paragraph and the provisions of this MOU apply
exclusively to the CYTown Development Area and shall not establish a precedent with
respect to the Parties' relationship on other development projects.
VI. CYTOWN ADVISORY COMMITTEE
A. The Parties agree to create a "CYTown Advisory Committee" consisting of the following
(or their designees):
1. The Iowa State University President
2. The Iowa State University Research Park President
Page 5 of 17
28
3. The City Manager of the City of Ames
B. The purpose of the CYTown Advisory Committee is to:
1. Provide input to the Iowa State University President on the overall
development of the CYTown Development Area. To that end, the Committee
will perform an annual financial review of the Development Area and make
recommendations regarding a plan for the investments in, and a schedule
for, the planned improvements.
2. Appear before and present information to the Ames City Council, in the
event ISU intends to demolish any of the Existing Facilities during the term of
this Agreement. Such presentation shall occur prior to commencement of
demolition, except where a building has been damaged as a result of disaster
or calamity and demolition is necessary as a matter of urgency to protect life
or property.
3. Discuss any issues pertaining to the CYTown Development Area which are
not disposed of by this Agreement.
VI I. PROPERTY TAX AND PROPERTY TAX EQUIVALENTS COLLECTED IN LIEU OF TAXES
(MOU PILOT)
A. ISU agrees to collect from Tenants in buildings in the CYTown Development Area (as
described and subject to the exclusions in Section IV of this Agreement) an amount in
addition to any charges for rent or common area maintenance, which amount shall be a
Payment in Lieu of Tax (PILOT).
B. The amount of PILOT to be collected for each building in a given year shall be calculated
in a manner similar to the assessment of property and the collection of property taxes in
the City of Ames, per the procedures described below:
1. Upon receipt of approval for occupancy of a building by the State Fire
Marshal, ISU shall notify the Ames City Assessor and request that an
assessment value be established for that building as required by Iowa Code
Section 427.1(18). It is understood that an assessment value provided by the
Ames City Assessor is to be used by the Parties for the purpose of
determining value to fulfill the provisions of this Agreement, and that the
assessment value is not a tax statement.
Page 6 of 17
29
The assessment value shall be considered the "Building Value" for the
purposes of this Agreement. The Building Value is subject to revision by the
City Assessor from time to time through normal assessment processes (e.g.,
revaluation in odd-numbered years; changes due to additions, demolition,
renovations, etc.). The most recently established Building Value shall be the
value used for the calculation of PILOT for a given building. Nothing in this
paragraph restricts in any way the rights of ISU or any other qualified party to
protest the Building Value established by the Ames City Assessor as provided
in Iowa law, in which case the assessment value established through the
protest process and any applicable appeals shall be the considered the
Building Value.
a. In the event the Ames City Assessor fails to furnish a Building Value to
ISU in an assessment notice mailed on or before April 1 of the year
following initial occupancy or in any odd-numbered year thereafter,
then the Building Value for that year shall be established through an
independent appraisal prepared in accordance with the Uniform
Standards of Professional Appraisal Practice. The appraisal report shall
be completed on or before June 1. The selection of an appraiser and
the costs therefor shall be the responsibility of ISU. Upon receipt of the
independent appraiser report, ISU shall provide a copy to the City.
Annually thereafter, the Building Value shall be as calculated by the
Ames City Assessor per Paragraph VII(B)(1) above, or through the
provisions of this Paragraph VII(B)(1)(a).
2. The Building Value, as established in accordance with Paragraphs VII(B)(1)
and VII(B)(1)(a) above, is not required to be determined for any building(s)
for which property tax has been otherwise assessed and collected by any
taxing authority.
3. ISU shall cooperate with reasonable requests by the Ames City Assessor to
review construction documents, lease agreements, and/or conduct site
inspections for the purpose of establishing value in the initial and subsequent
years. Because building code compliance on State property is under the
jurisdiction of the State Fire Marshal rather than the City of Ames, ISU agrees
to notify the Ames City Assessor of any alterations, additions, renovations,
demolition, or other building modifications that occur to any building after it
becomes initially occupied.
Page 7 of 17
30
4. On or before June 1 each year, ISU shall furnish the City with land values for
each building as of January 1 of that year for the purpose of calculating
PILOT.
5. On or before July 1 each year, the City shall furnish ISU with statements for
each building for which a value has been established, which shall describe
the following:
a. The most recent Building Value.
b. The most recent land value as furnished by ISU.
c. Amounts calculated by multiplying that Building Value and that land
value by the most recent assessment limitation percentage (rollback)
certified by the Iowa Department of Revenue as applicable to the type
of use for that building.
d. The amounts calculated in Paragraph VII(B)(5)(c) then divided by $1,000
and multiplied by the adopted Ames City/Ames Community School
District (Tax District Number 850067) Consolidated Levy Rate ("CLR-
850067") for the period beginning July 1 of that year. This amount is
the total amount of Payment in Lieu of Tax ("PILOT") for that building.
e. The PILOT calculated in Paragraph VII(B)(5)(d) is to be divided into two
portions:
i. The MOU PILOT- an amount equivalent to the proportion of the
City's levy rate as compared to the CLR-850067 for that year, as
applied to the Building Value only, and
ii. The Remainder PILOT—the portion of the collected PILOT that
remains after subtracting the amount of the MOU PILOT.
6. ISU shall collect the PILOT from Tenants not later than June 30 each year for
PILOT calculated as of the preceding July 1.
This space intentionally left blank
Page 8 of 17
31
7. An example of a statement to be furnished to ISU, demonstrating the
calculations described in Paragraph VII(13)(5), is shown below:
2027 CYTown PILOT Statement-EXAMPLE
Retail Building XYZ THIS IS NOT A TAX BILL
Approved for Occupancy 10/12/2026
w/Commercial Property Assessment Limitation (Rollback)
January 1,2027 for July 1, 2027(90%)
Building Value(Per Assessor) $ 1,750,000 Building Value $ 1,575,000
Land Value(Per ISU) $ 625,000 Land Value $ 562,500
TOTAL $2,375,000 TOTAL $2,137,500
Rate per Times Rolled Back Amount to be Collected On or Before
July 1,2027 Adopted Levies: $1,000 Value: June 30, 2028:
Building Land
Ames City Levy 9.29336 MOU PILOT: $14,637.04 0.00
Sum of All Other Levies 21.52286 Remainder PILOT: $33,898.50 $17,334.12
Subtotal: $48,535.54 $17,334.12
TOTAL(CLR-850067) 30.81622 Total PILOT: $65,869.66
C. ISU may dedicate all or a portion of the Remainder PILOT to a specific purpose.
D. Phase I MOU PILOT revenues and Phase II MOU PILOT revenues shall be accounted for
separately.
E. ISU agrees that MOU PILOT revenues collected from Tenants will be used only for the
following purposes:
1. Remittance to the City— Not later than December 31 each year, ISU shall
remit all eligible MOU PILOT revenues, as described below, collected in the
previous fiscal year to the City, and the City may use such revenues for any
lawful purpose.
This space intentionally left blank
Page 9 of 17
32
The amount of the MOU PILOT revenues eligible to be remitted to the City from
each Phase, each year, is limited in accordance with the schedules below:
PHASE I MOU PILOT REVENUES:
Years After the First Building Portion of Phase I MOU PILOT Revenues
Constructed in Phase I is Approved for Collected by ISU That Year Eligible to be
Occupancy by the State Fire Marshal Remitted to the City
0-19 0%
20-24 25%
25-29 50%
30 and thereafter 75%
PHASE II MOU PILOT REVENUES:
Years After the First Building Portion of Phase II MOU PILOT Revenues
Constructed in Phase II is Approved for Collected by ISU That Year Eligible to be
Occupancy by the State Fire Marshal Remitted to the City
0-19 0%
20-24 25%
25-29 50%
30 and thereafter 75%
a. Notwithstanding the foregoing, in the event ISU transfers or expends any of
the Remainder PILOT revenues for a university or governmental purpose
other than that which is specifically described in Paragraph VIII(A)(1)(b) of
this Agreement ("Withdrawal"), then the City may, at its option, elect to
collect from MOU PILOT revenues an amount equal to ISU's Withdrawal.
Such amount collected by the City shall be taken from the MOU PILOT
revenues collected by ISU in the same year as the Withdrawal and, if
necessary, MOU PILOT revenues collected in subsequent years until the
amount equal to ISU's Withdrawal is collected by the City or this Agreement
is terminated, whichever occurs first.
b. The City may, at its option, waive its right to collect any or all MOU PILOT
revenues it is eligible to receive from ISU in any given year if the City chooses
to further fund improvements in the CYTown Development Area.
c. If any taxing authority determines that a portion of the CYTown
Development Area, but not the CYTown Development Area in its entirety, is
subject to the payment of property taxes to the City, the Parties agree that:
1) the nontaxable portion of the CYTown Development Area will remain
subject to the terms of this MOU, and 2) for the portion of the CYTown
Page 10 of 17
33
Development Area for which property taxes have been collected and
remitted by any taxing authority to the City, ISU will not be obligated to
continue collecting or paying the City MOU PILOT for that portion of the
CYTown Development Area so long as that portion of the CYTown
Development Area remains taxable.
2. Contribution to Performing Arts,Visitor, and Events Enhancements— ISU
agrees that any MOU PILOT revenues not remitted to the City in accordance
with Paragraph VII(E)(1) above will be deposited in the CYTown Development
Area Capital Improvements Fund ("Capital Improvements Fund").
a. Any funds in the Capital Improvements Fund are to be used exclusively
for:
i. Enhancements to and renovations of any of the following:
a. C.Y. Stephens Auditorium,
b. Fisher Theater,
c. The Scheman Building,
d. Hilton Coliseum. Enhancements to Hilton Coliseum are
limited to improvements to the building envelope (roof,
windows, doors), mechanical systems, or seating; or,
ii. Construction of new flat space or Convention space, not including
construction of a Hotel, provided that no further enhancements
and renovations are planned or needed for the facilities listed in
Paragraph VII(E)(2)(a)(i) above.
b. Enhancements and renovations to be financed by the Capital
Improvements Fund are non-operational activities which include, but
are not limited to, restroom renovations and expansion, replacement of
carpet and interior finishes, replacement theater seating, patron
amenity improvements, building system deferred maintenance,
technology upgrades, skywalk connection expansion, theater
production improvements, and event space construction and
renovation.
c. However, the Capital Improvements Fund may not be used to finance:
Page 11of17
34
i. Any improvement to Hilton Coliseum other than improvements to
the building envelope (roof, windows, doors), mechanical
systems, or seating; or,
ii. Decorations, sculptures, landscaping, or other ornamental fixtures
within the CYTown Development Area.
VIII. ACCOUNTING FOR CYTOWN FINANCES
A. ISU agrees to operate the finances of the CYTown Development Area as an enterprise
(i.e., an isolated, business-like activity). ISU shall create and manage an Operating Fund
and a Capital Improvements Fund for the CYTown Development Area.
1. Revenues and expenses shall be assigned to the Operating Fund as follows:
a. Revenues:
i. Donations and/or fundraising related to the CYTown Suites or
other improvements,
ii. Land rents or leases for commercial spaces,
iii. Common area maintenance fees,
iv. Hotel/convention revenues,
V. Remainder PILOT revenues, except those Remainder PILOT
revenues which, through an agreement with another property
taxing authority, are either remitted to that authority or
dedicated to a specific purpose, and
vi. All other revenues, excluding MOU PILOT revenues.
b. Expenses:
i. Operating expenses for CYTown,
ii. Common area maintenance and development expenses,
iii. Construction costs and/or Debt service payments for the
"Proposed Facilities," infrastructure, and common areas generally
described in Paragraph IV(A) of this Agreement, and
iv. Developer rebates.
2. Revenues and expenses shall be assigned to the Capital Improvements Fund
as follows:
a. Revenues:
i. Those MOU PILOT revenues not remitted to the City,
Page 12 of 17
35
ii. A transfer of any unencumbered balance, as determined by ISU,
remaining in the Operating Fund at the conclusion of each fiscal
year.
b. Expenses:
i. Debt service or cash for improvements or construction as
described in Paragraph VII(E)(2)(b) of this Agreement.
B. It is the intent of ISU to utilize the Capital Improvements Fund from the CYTown
Development Area to finance improvements to the Existing Facilities as soon as
practicable after sufficient income has been collected to do so. To achieve this goal, ISU
shall contract for construction of the first improvements to C.Y. Stephens Auditorium,
Fisher Theater, and the Scheman Building prior to the accumulation of any balance in
the Capital Improvements Fund exceeding $4,000,000.
C. Not later than December 31 each year, ISU will provide the City with audited financial
statements prepared in accordance with Generally Accepted Accounting Principles,
which statements include itemized reports of all revenues, operating expenditures,
MOU PILOT, debt service, and capital improvements related to the CYTown
Development Area Capital Improvements and Operating Funds for the preceding fiscal
year. The CYTown Development Area fiscal year will be July 1 through June 30.
IX. ISU RESPONSIBILITIES:
A. All facilities within the CYTown Development Area shall be under the administration,
management, governance, and control of Iowa State University. By way of specification
but not limitation, all rules, policies, purchases, and contracts pertaining to the
construction and operation of the CYTown Development Area shall be the sole
prerogative of Iowa State University, except that ISU shall, in general, charge market-
based land rents, as reasonably determined by ISU, to all Tenants leasing commercial
space within the CYTown Development Area, with the exception of any portion of any
building used as "CYTown Suites."
X. CONSTRUCTION, UTILITIES, AND TRAFFIC
A. Responsibilities regarding construction, ownership, and operation of electric, water,
sanitary sewer, storm water, and traffic infrastructure to serve the CYTown
Development area, and other responsibilities for permitting and certain public services,
are described in a separate agreement between the Parties ("CYTown Development
Area Construction, Utilities, Traffic, and Related Services Memorandum of
Understanding").
Page 13 of 17
36
XI. NO ENTITY CREATED
A. No separate legal entity or agency is created under this Agreement.
XII. AMENDMENT
A. This Agreement represents the entire Agreement of the parties. Except as provided in
Paragraphs B-C of this Section, any amendment to this Agreement shall be in writing,
approved by each party, and executed by the authorized representative of each party.
B. If ISU, after the effective date of this Agreement, enters into or thereafter amends a
similar agreement with another taxing authority, then the City may elect to substitute
any of the following provisions in this Agreement with the same provision(s) of the
agreement between ISU and the other taxing authority:
a. The duration as set forth in Paragraph XVI(A) of this Agreement,
b. The calculation method of the PILOT for that other taxing authority (e.g., a
calculation of PILOT that is not based on the proportion of the taxing authority's
adopted levy rate as compared to the consolidated levy rate as described in
Section VII of this Agreement), and/or
c. The portion of PILOT that is eligible to be remitted to the taxing authority in a
given year of the Agreement (e.g., the tables set forth in Paragraph VII(E)(1) of
this Agreement.
C. Any substitution elected in writing by the City as described in Paragraph XII(B) above
shall be considered an amendment as described in this Section and shall be effective on
the date notice is received by ISU.
XIII. SEVERABILITY
A. In the event any part or paragraph of this Agreement is declared void as being contrary
to Iowa law, the remaining provisions of this Agreement that are valid shall continue in
full force and effect.
XIV. INDEMNIFICATION
A. To the extent permitted by law, each party shall indemnify and hold harmless the other
party and the other party's officers, agents and employees, against any and all claims,
demands, damages, loss or liability incurred by the indemnified party, including
reasonable legal fees, directly or indirectly resulting from or arising out of the negligent
or wrongful acts or omissions of the indemnifying party, or its officers, agents or
employees.
Page 14 of 17
37
XV. PRIOR AGREEMENTS
A. In the event any provision of this Agreement conflicts with a provision of another
Agreement between the parties existing as of the Effective Date of this Agreement, the
provisions of this Agreement shall control.
XVI. TERMINATION
A. DURATION: This MOU shall remain in effect for thirty-five (35) years from the date the
first building in Phase II is approved for occupancy by the State Fire Marshal, unless the
Agreement is terminated prior to that date by the mutual consent of the Parties hereto,
or through the termination provisions of this Section XVI.
B. This MOU may be terminated by ISU with 90 days' notice if the final determination of
any taxing authority requires the payment of any property taxes to the City contrary to
the provisions of this Agreement.
C. Upon termination of this MOU, ISU agrees that any balance remaining in the Capital
Improvements Fund shall remain subject to the provisions of Paragraphs VII(E)(2)(a-c)
and Section VIII of this MOU, which describe the permitted uses of funds. The
obligations described in this paragraph shall survive the termination of this MOU and
ISU shall be relieved of these obligations only when the balance in the Capital
Improvements Fund is exhausted.
XVII. COUNTERPARTS
A. This MOU may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all such counterparts shall together constitute but one
and the same instrument. The parties acknowledge that this Agreement is subject to
Ames City Council and Iowa Board of Regents approval.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed effective
as of the date first above written.
CITY OF AMES, IOWA IOWA STATE UNIVERSITY
By: By:
John Haila, Mayor Wendy Wintersteen, President
Attest:
Renee Hall, City Clerk
Page 15of17
38
ATTACHMENT 1: CYTOWN DEVELOPMENT AREA BOUNDARIES
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Page 16 of 17
39
ATTACHMENT 2: CYTOWN DEVELOPMENT AREA PHASING PLAN
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E-CyTown Suites-April 2023-September 2024 •-w, ; ��."�
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AMES,IOWA{02102R022
Page 17 of 17
40
Legal Description: See Exhibits B and C
Return document to: Office of General Counsel,Iowa State University,3550 Beardshear Hall,515 Morrill
Road,Ames,Iowa 50011
Document prepared by:Paula DeAngelo,Office of General Counsel,Iowa State University,3550 Beardshear
Hall 515 Morrill Road Ames Iowa 50011 515-294-5352
IOWA STATE UNIVERSITY—CITY OF AMES
WATER AND SANITARY SEWER UTILITY EASEMENT AGREEMENT
CYTOWN DEVELOPMENT AREA
This Water and Sanitary Sewer Utility Easement Agreement("Agreement")is entered into on June 13,
2024, ("Effective Date") by the Board of Regents, State of Iowa for the use and benefit of Iowa State
University of Science and Technology("Grantor") and the City of Ames,Iowa("Grantee").
A. The State of Iowa holds title to certain real property locally known as the CYTown
Development Area located in Story County,Iowa for the use and benefit of Iowa State
University of Science and Technology under the jurisdiction of the Board of Regents, State
of Iowa as depicted in Exhibit A,which is attached and made part of this Agreement, and
legally described in Exhibit A("Property").
B. Grantee owns water and sanitary system components on the Property. Grantor supports the
components remaining on the Property and is willing to grant Grantee an easement across
the Property in accordance with the terms of this Agreement.
C. Grantor acknowledges that Grantee will be installing additional water and sanitary sewer
components on the Property to provide water and sanitary sewer services to the Property,
which will require Grantor to grant to Grantee additional easements. Grantor has a
continuing obligation to provide Grantee with easements for such additional water and
sanitary sewer components at no cost to Grantee.
TERMS
1. Location. Pursuant to Code of Iowa§262.9(8) and subject to the terms of this Agreement,
Grantor grants Grantee an easement that shall be located upon and limited to the area depicted
41
in the Plat of Easement,which is attached as Exhibit B and Exhibit C and made part of this
Agreement, and legally described in Exhibit B and Exhibit C ("Easement Area").
2. Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining,
and repairing water and sanitary sewer system components ("Grantee Components") to
provide water and sanitary sewer services to Grantor and others. Grantee must obtain
Grantor's prior written approval for any other use of the Easement Area. As the water and
sanitary sewer systems are designed and installed upon the Property, Grantor will timely
provide to Grantee the easements needed at no additional cost to Grantee. Grantor shall be
responsible for the preparation and cost of any required Plats of Easement and legal
descriptions required. Said easements shall be memorialized using the easement template,as
modified for Water and Sanitary Sewer uses, approved by Grantor and Grantee staff on
October 26, 2023,unless Grantor and Grantee mutually agree otherwise.
3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement
Area shall be over reasonable routes designated by Grantor. When using the Easement
Area, Grantee shall minimize disruption to Grantor's operations on the Property and on
adjacent Grantor property.
4. Maintenance and Repair.As between Grantor and Grantee,Grantee shall be solely
responsible for maintaining and repairing the Grantee Components.
5. Liabili .
a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage
caused by Grantee to the Easement Area,Property, or other real or personal property
of Grantor.At Grantor's request,Grantee shall repair or replace the property damaged
by Grantee, reimburse Grantor for reasonable, documented expenses incurred by
Grantor to repair or replace the property damaged by Grantee,or compensate Grantor
for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the
parties shall mutually agree upon the most cost-effective and timely manner to fully
repair the damage caused by Grantee.
b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and
other applicable law, Grantee shall indemnify and hold harmless Iowa State
University of Science and Technology,the Board of Regents—State of Iowa,the State
of Iowa and their respective officers,employees and agents harmless from any claims,
liabilities,damages,fines,and expenses arising from the Grantee Components,use of
the Easement Area by Grantee,or from any tort(as defined in Chapter 670 of the Iowa
Code) arising from the acts or omissions of Grantee or its officers or employees.
c. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for
liabilities that may arise from its activities set forth in this Agreement.
d. Liens. The Property shall not be subjected to liens of any nature by reason of
Grantee's activities,including,but not limited to,mechanic's and materialman's
liens. Grantee has no power,right, or authority to subject the Property to any
mechanic's or materialman's lien or claim of lien.
2
42
6. Consideration. Grantee's use of the Grantee Components to provide water and sanitary
sewer services to Grantor is the consideration for Grantor's grant of this easement to
Grantee.
7. Obstructions. Grantor shall have the right to place grass or comparable ground cover,
plantings, bushes, trees, sidewalks,parking lots, or driveways within the Easement Area. If
Grantor desires to erect or place within the Easement Area any building or other structure or
improvement ("Grantor Improvement") and the Grantor Improvement will, in the
reasonable judgment of the Municipal Engineer,materially adversely affect the operation of
the Grantee Components or Grantee's access to the Grantee Components, Grantor may erect
or place such Grantor Improvement within the Easement Area provided the Easement Area
is first relocated as set forth in paragraph 10(b).
8. Restoration. Immediately following construction, reconstruction, or repair work by Grantee
within the Easement Area,weather and season permitting, Grantee shall return the Easement
Area to its condition prior to said work,at Grantee's sole cost.
9. Rights Reserved.Grantor may use the Easement Area for any purpose that does not interfere
with Grantee's rights granted in this Agreement.
10. Relocation.
a. Grantor may require Grantee to relocate the Easement Area. If Grantor desires for
the Easement Area to be relocated, Grantor shall notify Grantee.
b. Grantor and Grantee shall confer and establish a relocation plan that minimizes
disruptions to Grantee's water and sanitary sewer system and Grantor's future land
use and minimizes relocation costs. Grantor shall be responsible for the costs and
other responsibilities for relocating the Grantee Components and Easement Area, as
provided in the CYTOWN Development Area Construction,Utilities,Traffic,and
Related Services Memorandum of Understanding between Iowa State University
and the City of Ames, Iowa, approved on and recorded as
Instrument No. . If Grantee wishes to upgrade Grantee
Components in connection with the relocation, Grantee shall be responsible for the
cost of the upgraded Grantee Components unless Grantor and Grantee agree
otherwise. Grantor and Grantee shall amend this Agreement or terminate this
Agreement and execute a new agreement to identify the new easement area.
11. Duration. This easement is granted,and all rights set forth in this Agreement shall endure,so
long as Grantee continues to use the Easement Area for any of the purposes set forth in
paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee's
use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance
with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor.
Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee
Components from the Easement Area at Grantee's sole expense.
12. Assignment Prohibited.The grant of this easement is to Grantee only and cannot be assigned
in whole or part to any other party without written consent of Grantor.
Signature page follows on the next page
3
43
Grantor and Grantee execute this Water and Sanitary Sewer Utility Easement Agreement by their
lawfully designated officials as of the date first written above.
BOARD OF REGENTS,STATE OF IOWA
By Mark Braun
Executive Director
STATE OF IOWA,COUNTY OF POLK, SS.:
This instrument was acknowledged before me on by Mark Braun
as Executive Director of the Board of Regents, State of Iowa.
Notary Public
My Commission expires:
CITY OF AMES,IOWA
Passed and approved on by Resolution No. ,
adopted by the City Council of Ames, Iowa.
Attest: By:
Renee Hall,City Clerk John A.Haila,Mayor
STATE OF IOWA,COUNTY OF STORY, SS.:
This instrument was acknowledged before me on by Renee
Hall and John A. Haila, as City Clerk and Mayor,respectively, of the City of Ames,Iowa.
Notary Public
My commission expires:
44
CYTOWN DEVELOPMENT AREA EXHIBIT A
PROPERTY DESCRIPTION:
A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY
COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 00a29'25" EAST ALONG THE WEST LINE OF SAID
NORTHWEST 1/4, A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY; THENCE NORTH 89°17' 01" EAST
ALONG SAID SOUTH RIGHT-OF-WAY LINE, 33.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF BEACH AVENUE AND TO THE POINT OF
BEGINNING;THENCE NORTH 89a17'01"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 1,493.03 FEET TO THE WEST RIGHT-OF-WAY LINE
OF UNIVERSITY BOULEVARD; THENCE SOUTH 52a36'24" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, 90.95 FEET ; THENCE
SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 2,371.83 FEET,
WHOSE ARC LENGTH IS 537.80 FEET AND WHOSE CHORD BEARS SOUTH 09a31'49" EAST, 536.65 FEET; THENCE SOUTH 16a01'34"EAST
CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 394.64 FEET; THENCE SOUTHERLY CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1,829.86 FEET,WHOSE ARC LENGTH IS 487.64 FEET
AND WHOSE CHORD BEARS SOUTH 08a23'30" EAST, 486.20 FEET; THENCE SOUTH 00a45'26" EAST CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE, 474.60 FEET; THENCE SOUTH 89a14'34"WEST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 10.00 FEET;
THENCE SOUTH 00a45'26" EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 319.24 FEET; THENCE SOUTH 89a21'08" WEST,
1,814.81 FEET TO SAID EAST RIGHT-OF-WAY LINE OF BEACH AVENUE;THENCE NORTH 0a29'25"WEST ALONG SAID EAST RIGHT-OF-WAY
LINE,2,238.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 89.20 ACRES(3,885,520 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
N 1/4 Corner
Sec. 10-83-24
NW Corner Fnd Cut "0
Sec. 10-83-24 Corner Cert.
Fnd Cut X' Inst No.
Corner Cert 96-00365
Inst. No.
2008-00011771
LINCOLN WAY _ N 89- 17' - E -2,626.44'
S00'29'25"E 75.00, 75.00' 1/2 ROW M&R —lam
N 890 17' 01'' E 1,493.03' a
N89°17'01'E S 520 36' 24 E
33.00' Point of
Beginning 90.95'
1
I
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4 Nw1/44 � SEC
Nw11 ,��_g3 2
SEA I
S16001'34''E
0 394.64'
00 CYTOWN
w N DEVELOPMENT AREA
Z N 89.20 AC
(3,885,520 SF)
N Q O - -J�- - -- --
_� N
CQ Q O N Q
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m 0 S0045'26''E > 4
CD 474.60' ?Q SE/4'83/Zq
z
O > SE
m
Sw1/4,Ng3I2 �4 S89°14'34''W— ~
SAC 10 10.00, w
>
S 0045'26'' E z
319.24'
S 890 21' 08'' W 1,814.81'
JACK TRICE WAY
— —-—- -
—
�W 1/4 Corner
Sec. 10-83-24
DATE OF SURVEY Fnd Cut "X"
Corner Cert. Inst No. 2021-13163
AUGUST 16,2023
CURVE TABLE 0 300
CURVE NO. DELTA RADIUS ARC LENGTH TANGENT CHORD BEARING/DISTANCE
C-1 12a59'29"LT 2,371.83' 537.80' 270.06' S9a31'49"E 536.65'
C-2 15a16'08"RT 1,829.86' 487.64' 245.27' S8a23'30"E 486.20'
SCALE (FEET)
CYTOWN DEVELOMENT AREA SHEET 1 OF 1
PN: 1220768
EXHIBIT DRAWING
FLD BK:881A PG:38
S N Y D E R 2727 S.W.SNYDER BLVD. DATE: 12/15/23
&ASSOCIATES ANKENY, IA 50023(515)964-2020 PMITECH: EJM/SDB
VMWHalfWeighlPDF.pllcfg V:\Projects\2022\122.0768.01\CPDD\EXHBT_1220768_BNDRY.dq
VARefLibrary\CADDStondards\WorkSpace\Standards\Printing\Pen-Tables\date.tbl 1271872023 45
Default encmiller
INDEX LEGEND
SURVEYOR'S NAME/RETURN TO:
ERIC J. MILLER
SNYDER&ASSOCIATES, INC. EXHIBIT B
2727 SW SNYDER BOULEVARD
ANKENY, IOWA 50023
515-964-2020
ERICMILLER@SNYDER-ASSOCIATES.COM
SERVICE PROVIDED BY:
SNYDER&ASSOCIATES, INC.
SURVEY LOCATED:
S1/2 NW1/4
SECTION 10-83-24
REQUESTED BY:
IOWA STATE UNIVERSITY
EASEMENT PLAT
WATER MAIN EASEMENT DESCRIPTION
EASEMENT AREA(a)
A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.,CITY
OF AMES,STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10;THENCE NORTH 89°09'20"EAST ALONG THE SOUTH LINE OF SAID
SOUTH 1/2 OF THE NORTHWEST 1/4,A DISTANCE OF 612.01 FEET;THENCE NORTH 0°50'40"WEST,291.32 FEET TO THE POINT OF
BEGINNING;THENCE NORTH 01°55'48"WEST,68.01 FEET;THENCE NORTH 44°19'19"EAST,260.51 FEET;THENCE NORTH 0°40'41"
WEST,48.27 FEET;THENCE SOUTH 89°19'19"WEST, 14.52 FEET;THENCE NORTH 0°40'41"WEST,20.00 FEET;THENCE NORTH
89°19'19"EAST, 14.52 FEET;THENCE NORTH 0°40'41"WEST,384.54 FEET;THENCE NORTH 89°19'19"EAST,20.00 FEET;THENCE
SOUTH 0°40'41"EAST,42.04 FEET;THENCE NORTH 89°19'19"EAST,395.50 FEET;THENCE NORTH 0°40'41"WEST,42.03 FEET;
THENCE NORTH 89°19'19"EAST,20.00 FEET;THENCE SOUTH 0°40'41"EAST,499.72 FEET;THENCE SOUTH 45°40'41"EAST,57.28
FEET;THENCE SOUTH 0°40'41"EAST, 162.97 FEET;THENCE SOUTH 89°09'38"WEST,20.00 FEET;THENCE NORTH 0°40'41"WEST,
154.74 FEET;THENCE NORTH 45°40'41"WEST,57.28 FEET;THENCE NORTH 0°40'41"WEST,74.50 FEET;THENCE SOUTH 89°19'19"
WEST,54.00 FEET;THENCE NORTH 0°40'41"WEST,20.00 FEET;THENCE NORTH 89°19'19"EAST,54.00 FEET;THENCE NORTH 0°40'41"
WEST,351.47 FEET;THENCE SOUTH 89°19'19"WEST,395.50 FEET;THENCE SOUTH 0°40'41"EAST,399.06 FEET;THENCE SOUTH
44°19'19"WEST,260.26 FEET;THENCE SOUTH 01°55'48"EAST,59.88 FEET;THENCE SOUTH 89°15'49"WEST,20.00 FEET TO THE
POINT OF BEGINNING AND CONTAINING 0.90 ACRES(39,306 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
EASEMENT AREA(b)
A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.,CITY
OF AMES,STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10;THENCE
SOUTH 0°33'29"EAST ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4,A DISTANCE OF 87.36 FEET;THENCE
SOUTH 89°26'31"WEST,777.43 FEET TO THE POINT OF BEGINNING AND TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY
BOULEVARD;THENCE SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE
SOUTHWESTERLY WHOSE RADIUS IS 1829.86 FEET,WHOSE ARC LENGTH IS 20.04 FEET AND WHOSE CHORD BEARS SOUTH
04°04'04"EAST,20.04 FEET;THENCE SOUTH 89°19'19"WEST,345.26 FEET;THENCE NORTH 0°40'41"WEST,20.00 FEET;THENCE
NORTH 89'19'19"EAST,344.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.16 ACRES(6,894 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD. BASIS OF BEARING
DATE OF SURVEY EASEMENT AREA(a):
THE SOUTH LINE OF THE SOUTH 1/2 OF THE
11-30-2022 NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH,
OWNER RANGE 24 WEST OF THE 5TH P.M. IS ASSUMED TO BEAR
NORTH 89°09'20"EAST FOR THE PURPOSE OF THIS
IOWA STATE UNIVERSITY SURVEY.
1350 BEARDSHEAR HALL
AMES, IA 50011 EASEMENT AREA(b)
LEGEND THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHWEST
1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24
WEST OF THE 5TH P.M. IS ASSUMED TO BEAR SOUTH
FEATURES FOUND SET 0°33'29"EAST FOR THE PURPOSE OF THIS SURVEY.
Section Corner A 0
1/2"Rebar,Cap#19515
w/Oran e Plastic Ca 0 1 hereby certify that this land surveying document
9 P was prepared and the related survey work was
(Unless Otherwise Noted) performed by me or under my direct personal
ROW Marker supervision and that I am a duly licensed
Professional Land Surveyor under the laws of the
ROW Rail
u Q �gS101\k State of Iowa.
Platted Distance P
Measured Bearing&Distance M
Recorded As R ERIC J. Eric J.Miller,PLS Date
Deed Distance D MILLER rn
Calculated Distance C License Number 19515
Centerline _ _ 19515 My License Renewal Date is December 31,2022
Section Line Pages or sheets covered by this seal:
1/4 Section Line /OWN41
Sheets 1 and 2 of 2
1/4 1/4 Section Line ---
Easement Line
CYTOWN PROJECT SHEET 1 OF 2
WATER MAIN EASEMENT PN: 122.0768.01
T-R-S:83N-24W-10
N Y D E R 2727 S.W. SNYDER BLVD. DATE: 12/01/2022
ffASSOCIATES ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/AJD
V:\Projects\2022\122.0768.01\CADD\1220768_WATR_EASE.dwg 46
EASEMENT PLAT
NE Corner SE1/4 NW1/4 Center Section 10-83-24
Section 10-83-24 Found 60D Spike
Found 1/2" Smooth Bar Instrument No. 2013-00014488
Instrum
ent No. 2013-00014487 SO°33'29"E 1311.25'311.25'87.36'
M �
SIN UNIVERSITY BLVD
� - - - - - - - - - - -
—t I-
R.O.W. Varies
C1 (Book 140, Page 196)
I
Point Of Beginning (b)
w 3: I I
ono � N i
00
� MII� M
z'AJI�>
r--20'Water Main Easement (b) N�11A, �
LLJ
SEG�\ON 'U I
NO°40'41"W 20.00'
I �
SO°40'41"E 162.97' Q
S45°40'41"E 57.28'
I I
SO°40'41"E 499.72' S89°09'38"W 20. 0'
N89°19'19"E 20.00'
NO°40'41"W 351,47' NO°40'41"W 154.74'
NO°40'41"W 42.03' N89°19'19"E 54.00' N45°40'41"W 57.28' 1
00
o to NO°40'41"W 74.50' 1
rn 13:
6 S89°19'19"W 54.00,coMNO°40'41"W 20.00' w co
Lu O
O
�I I co
co
IZ
z n I I
20'Water Main Easement(a) co
SO°40'41"E 42.04' '-
0°40'41"E 399.06'
N89°19'19"E 20.00' �� 6)5 NO°40'41"W 384.54' —C` j
``O0
1
1"NO°40'4W 48.27' bpsg>9` S1°55'4 S89°95'49"W 20.00'
NO°50'40"W
291.32
N1°55'48"W 68.01'
Point Of Beginning (a)
\I
I � I o
Ii c J I N
I
L2
LINE TABLE
LINE# LENGTH(FT) DIRECTION
L1 14.52 S89°19'19"W
0 200 L2 20.00 00°40'41"W N
L3 14.52 N890 19'19"E FEET
CURVE TABLE W1/4 Corner Section 10-83-24
CURVE NO. A RADIUS ARC LENGTH TANGENT CHORD BEARING/LENGTH Found 1/2" Rebar With
Orange Plastic Cap# 19515
C1 0°37'38" 1829.86' 20.04' 10.02' S4°04'04"E 20.04' Instrument No. 2021-13163
CYTOWN PROJECT SHEET 2 OF 2
WATER MAIN EASEMENT PN: 122.0768.01
T-R-S:83N-24W-10
S N Y I E R 2727 S.W. SNYDER BLVD. DATE: 12/01/2022
&ASSOCIATES ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/AJD
V:\Projects\2022\122.0768.01\CADD\1220768_WATR_EASE.dwg 47
INDEX LEGEND
SURVEYOR'S NAME/RETURN TO: EXHIBIT C
ERIC J. MILLER
SNYDER&ASSOCIATES, INC.
2727 SW SNYDER BOULEVARD
ANKENY, IOWA 50023
515-964-2020
ERICMILLER@SNYDER-ASSOCIATES.COM
SERVICE PROVIDED BY:
SNYDER&ASSOCIATES, INC.
SURVEY LOCATED:
S1/2 NW1/4
SECTION 10-83-24
REQUESTED BY:
IOWA STATE UNIVERSITY
EASEMENT PLAT
SANITARY SEWER EASEMENT DESCRIPTION
EASEMENT AREA(a)
A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.,CITY
OF AMES,STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10;THENCE
SOUTH 0°33'29"EAST ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4,A DISTANCE OF 393.28 FEET;THENCE
SOUTH 89°19'19"WEST,598.10 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 38°52'24"EAST, 174.59 FEET;THENCE NORTH
74'20'11"EAST,28.24 FEET;THENCE SOUTH 15°39'49"EAST,30.00 FEET;THENCE SOUTH 74'20'11"WEST,48.02 FEET;THENCE
NORTH 38°52'24"WEST, 179.80 FEET TO THE EAST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD;THENCE NORTH 0°45'26"
WEST ALONG SAID EAST RIGHT-OF-WAY LINE,30.00 FEET;THENCE NORTH 89°19'19"EAST, 14.61 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.15 ACRES(6,679 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
EASEMENT AREA(b)
A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.,CITY
OF AMES,STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 10;THENCE
SOUTH 0°33'29"EAST ALONG THE EAST LINE OF SAID SOUTH 1/2 OF THE NORTHWEST 1/4,A DISTANCE OF 393.28 FEET;THENCE
SOUTH 89°19'19"WEST,772.71 FEET TO THE WEST RIGHT-OF-WAY LINE OF UNIVERSITY BOULEVARD AND TO THE POINT OF
BEGINNING;THENCE SOUTH 0°45'26"EAST ALONG SAID WEST RIGHT-OF-WAY LINE,30.00 FEET;THENCE SOUTH 89°19'19"WEST,
639.91 FEET;THENCE SOUTH 10°40'56"WEST,256.55 FEET;THENCE SOUTH 0°40'41"EAST,62.71 FEET;THENCE SOUTH 89°19'19"
WEST,365.25 FEET;THENCE NORTH 0°40'41"WEST,79.21 FEET;THENCE NORTH 89°19'19"EAST,337.96 FEET;THENCE NORTH
10°40'56"EAST,256.55 FEET;THENCE NORTH 0°40'41"WEST,98.72 FEET;THENCE NORTH 89°19'19"EAST,30.00 FEET;THENCE
SOUTH 0°40'41"EAST,85.21 FEET;THENCE NORTH 89°19'19"EAST,637.16 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.35
ACRES(58,748 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
DATE OF SURVEY OWNER BASIS OF BEARING
11-30-2022 IOWA STATE UNIVERSITY THE EAST LINE OF THE SOUTH 1/2 OF THE NORTHWEST
1350 BEARDSHEAR HALL 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24
AMES, IA 50011 WEST OF THE 5TH P.M. IS ASSUMED TO BEAR SOUTH
0°33'29"EAST FOR THE PURPOSE OF THIS SURVEY.
LEGEND
FEATURES FOUND SET
Section Corner A 0
1/2"Rebar,Cap#19515
w/Oran e Plastic Ca 0 1 hereby certify that this land surveying document
9 P was prepared and the related survey work was
(Unless Otherwise Noted) performed by me or under my direct personal
ROW Marker supervision and that I am a duly licensed
Professional Land Surveyor under the laws of the
ROW Rail
u Q �gS101\k State of Iowa.
Platted Distance P
Measured Bearing&Distance M
Recorded As R ERIC J. Eric J.Miller,PLS Date
Deed Distance D MILLER rn
Calculated Distance C License Number 19515
Centerline _ _ 19515 My License Renewal Date is December 31,2022
Section Line Pages or sheets covered by this seal:
1/4 Section Line /OWN41
Sheets 1 and 2 of 2
1/4 1/4 Section Line ———
Easement Line
CYTOWN PROJECT SHEET 1 OF 2
SANITARY SEWER EASEMENT PN: 122.0768.01
T-R-S:83N-24W-10
SNYDER 2727 S.W. SNYDER BLVD. DATE: 12/01/2022
&ASSOCIATES ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/AJD
V:\Projects\2022\122.0768.01\CADD\1220768_SAN_EASE.dwg 48
EASEMENT PLAT
NE Corner SE1/4 NW1/4 Center Section 10-83-24
Section 10-83-24 Found 60D Spike
Found 1/2" Smooth Bar Instrument No. 2013-00014488
Instrument No. 2013-00014487 SO°33'29"E 1311.25'
393.28'
of
%M `�
LO I '��� SEE DETAIL "A"
Point Of Beginning (a) ::*,
'� ,
14.61' '
UNIVERSITY BLVD
--off- - - - -
SO°45'26"E 30.00' R.O.W. Varies
(Book 140, Page 196)
Point Of Beginning (b)
� I
�
I L
Irn
co0i)
co I i� cJEG��G i
I00
0
U)
�i 1-30' Sanitary Sewer Easement(b) Q
I i S10°40'56"W 256.55' W
SO°40'41"E 85.21'�� �j U
�a�til SO°40'41"E 62.71'
N89°19'19"E 30.00' •.���_ �
N 10°4 p 56 Y
NO°40'41"W 98.72' 256.55, I I- (�
Ln Q
OI �LO
Ico M
Cl) I�
w
� Irn
001 C/)
"All
I I
DETAIL A
TNO'40'41"W 79.21'
i
30' Sanitary Sewer J `J Zat
o I Easement (a)
00
<0 0 200
L0� j�* LINE TABLE FEET
IC '���� LINE# LENGTH(FT) DIRECTION
POB (a) ' L1 28.24 N74°20' 11"E
L5
L2 30.00 S15°39'49"E
L4 L3 48.02 S74°20' 11"W
UNIVERSITY BLVD L4 30.00 NOO*45'26"W
L5 14.61 N89° 19' 19"E
CYTOWN PROJECT SHEET 2 OF 2
SANITARY SEWER EASEMENT PN: 122.0768.01
T-R-S:83N-24W-10
S N Y I E R 2727 S.W. SNYDER BLVD. DATE: 12/01/2022
&ASSOCIATES ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/AJD
V:\Projects\2022\122.0768.01\CADD\1220768_SAN_EASE.dwg 49
Legal Description: See Exhibit B
Return document to: Office of General Counsel,Iowa State University,3550 Beardshear Hall,515 Morrill
Road,Ames,Iowa 50011
Document prepared by:Paula DeAngelo,Office of General Counsel,Iowa State University,3550 Beardshear
Hall 515 Morrill Road Ames Iowa 50011 515-294-5352
IOWA STATE UNIVERSITY—CITY OF AMES
ELECTRIC DISTRIBUTION UTILITY EASEMENT AGREEMENT
CYTOWN DEVELOPMENT AREA
This Electric Distribution Utility Easement Agreement ("Agreement") is entered into on June 13,
2024 ("Effective Date") by the Board of Regents, State of Iowa for the use and benefit of Iowa State
University of Science and Technology("Grantor")and the City of Ames, Iowa("Grantee").
A. The State of Iowa holds title to the certain real property locally known as the CYTown
Development Area located in Story County,Iowa for the use and benefit of Iowa State
University of Science and Technology under the jurisdiction of the Board of Regents, State
of Iowa as depicted in Exhibit A,which is attached and made part of this Agreement, and
legally described in Exhibit A("Property").
B. Grantee has installed electric distribution system components on the Property. Grantor
supports the components remaining on the Property and is willing to grant Grantee an
easement across the Property in accordance with the terms of this Agreement.'
C. Grantor acknowledges that Grantee will be installing additional electrical components on
the Property to provide electrical services to the Property,which will require Grantor to
grant to Grantee additional easements. Grantor has a continuing obligation to provide
Grantee with easements for such additional electric distribution components at no cost to
the Grantee.
TERMS
1. Location. Pursuant to Code of Iowa §262.9(8) and subject to the terms of this Agreement,
Grantor grants Grantee an easement that shall be located upon and limited to the area depicted
in the Plat of Easement,which is attached as Exhibit B and made part of this Agreement,and
legally described in Exhibit B ("Easement Area").
Template B: City Equipment Already Installed(October 2023)
50
2. Use. Grantee shall use the Easement Area for the purpose of operating, using, maintaining,
and repairing electric distribution system components ("Grantee Components")to provide
electrical services to Grantor and others. Grantee must obtain Grantor's prior written
approval for any other use of the Easement Area. As the electric distribution system is
designed and installed upon the Property, Grantor will timely provide to Grantee the
easements needed at no additional cost to Grantee. Grantor shall be responsible for the
preparation and cost of any required Plats of Easement and legal descriptions required. Said
easements shall be memorialized using the easement template approved by Grantor and
Grantee staff on October 26, 2023,unless Grantor and Grantee mutually agree otherwise.
3. Access; Disruption. Grantee's entrance upon Grantor's Property to access the Easement
Area shall be over reasonable routes designated by Grantor. When using the Easement
Area, Grantee shall minimize disruption to Grantor's operations on the Property and on
adjacent Grantor property.
4. Maintenance and Repair. As between Grantor and Grantee, Grantee shall be solely
responsible for maintaining and repairing the Grantee Components.
5. Liability.
a. Damage to Grantor Property. Grantee shall promptly notify Grantor of any damage
caused by Grantee to the Easement Area,Property, or other real or personal property
of Grantor.At Grantor's request,Grantee shall repair or replace the property damaged
by Grantee, reimburse Grantor for reasonable, documented expenses incurred by
Grantor to repair or replace the property damaged by Grantee,or compensate Grantor
for the loss of the property damaged by Grantee. Notwithstanding the foregoing, the
parties shall mutually agree upon the most cost-effective and timely manner to fully
repair the damage caused by Grantee.
b. Third Party Claims. To the extent permitted by Chapter 670 of the Iowa Code and
other applicable law, Grantee shall indemnify and hold harmless Iowa State
University of Science and Technology,the Board of Regents—State of Iowa,the State
of Iowa and their respective officers,employees and agents harmless from any claims,
liabilities,damages,fines,and expenses arising from the Grantee Components,use of
the Easement Area by Grantee,or from any tort(as defined in Chapter 670 of the Iowa
Code) arising from the acts or omissions of Grantee or its officers or employees.
C. Insurance. Grantee shall maintain appropriate insurance coverage or self-insure for
liabilities that may arise from its activities set forth in this Agreement.
d. Liens. The Property shall not be subjected to liens of any nature by reason of
Grantee's activities, including,but not limited to,mechanic's and materialman's
liens. Grantee has no power,right, or authority to subject the Property to any
mechanic's or materialman's lien or claim of lien.
6. Consideration. Grantee's use of the Grantee Components to provide electrical services to
Grantor is the consideration for Grantor's grant of this easement to Grantee.
7. Rights Reserved. Grantor may use the Easement Area for any purpose that does not interfere
with Grantee's rights granted in this Agreement.
8. Relocation. Grantor may require Grantee to relocate the Easement Area. If Grantor desires
for the Easement Area to be relocated, Grantor shall notify Grantee. Grantor and Grantee
2
51
shall then confer and establish a relocation plan that minimizes disruptions to Grantee's
electrical system and Grantor's future land use and minimizes relocation costs. Grantor shall
reimburse Grantee for the costs of relocating the Easement Area. If Grantee wishes to
upgrade Grantee Components in connection with the relocation,Grantee shall be responsible
for the cost of the upgraded Grantee Components unless Grantor and Grantee agree
otherwise.Grantor and Grantee shall amend this Agreement or terminate this Agreement and
execute a new agreement to identify the new easement area.
9. Duration. This easement is granted,and all rights set forth in this Agreement shall endure, so
long as Grantee continues to use the Easement Area for any of the purposes set forth in
paragraph 2 above in accordance with this Agreement. Upon discontinuation of Grantee's
use of the Easement Area for any of the purposes set forth in paragraph 2 above in accordance
with this Agreement, all rights granted to Grantee shall terminate and revert to Grantor.
Unless agreed otherwise by Grantor and Grantee, Grantee shall remove the Grantee
Components from the Easement Area at Grantee's sole expense.
10. Assignment Prohibited. The grant of this easement is to Grantee only and cannot be assigned
in whole or part to any other party without written consent of Grantor.
Signature page follows on the next page
3
52
Grantor and Grantee execute this Electric Distribution Utility Easement Agreement by their lawfully
designated officials as of the date first written above.
BOARD OF REGENTS, STATE OF IOWA
By
Mark Braun
Executive Director
STATE OF IOWA, COUNTY OF POLK, SS.:
This instrument was acknowledged before me on by Mark Braun as
Executive Director of the Board of Regents, State of Iowa.
Notary Public
My Commission expires:
CITY OF AMES,IOWA
Passed and approved on by Resolution No. ,
adopted by the City Council of Ames,Iowa.
Attest: By:
Renee Hall, City Clerk John A. Haila,Mayor
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on by Renee Hall
and John A. Haila, as City Clerk and Mayor,respectively, of the City of Ames,Iowa.
Notary Public
My commission expires:
4
53
EXHIBIT A
CYTOWN DEVELOPMENT AREA
PROPERTY DESCRIPTION:
A PART OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY
COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10; THENCE SOUTH 00°29'25" EAST ALONG THE WEST LINE OF SAID
NORTHWEST 1/4,A DISTANCE OF 75.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLN WAY; THENCE NORTH 89°17'01" EAST
ALONG SAID SOUTH RIGHT-OF-WAY LINE, 33.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF BEACH AVENUE AND TO THE POINT OF
BEGINNING;THENCE NORTH 89°17'01"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 1,493.03 FEET TO THE WEST RIGHT-OF-WAY LINE
OF UNIVERSITY BOULEVARD; THENCE SOUTH 52°36'24" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, 90.95 FEET ; THENCE
SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE EASTERLY WHOSE RADIUS IS 2,371.83 FEET,
WHOSE ARC LENGTH IS 537.80 FEET AND WHOSE CHORD BEARS SOUTH 09°31'49" EAST, 536.65 FEET;THENCE SOUTH 16°01'34" EAST
CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 394.64 FEET; THENCE SOUTHERLY CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE AND ALONG A CURVE CONCAVE WESTERLY WHOSE RADIUS IS 1,829.86 FEET,WHOSE ARC LENGTH IS 487.64 FEET
AND WHOSE CHORD BEARS SOUTH 08°23'30" EAST, 486.20 FEET; THENCE SOUTH 00°45'26" EAST CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE, 474.60 FEET; THENCE SOUTH 89°14'34"WEST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 10.00 FEET;
THENCE SOUTH 00°45'26" EAST CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE, 319.24 FEET; THENCE SOUTH 89°21'08" WEST,
1,814.81 FEET TO SAID EAST RIGHT-OF-WAY LINE OF BEACH AVENUE;THENCE NORTH 0°29'25"WEST ALONG SAID EAST RIGHT-OF-WAY
LINE,2,238.60 FEET TO THE POINT OF BEGINNING AND CONTAINING 89.20 ACRES(3,885,520 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
N 1/4 Corner
Sec. 10-83-24
NW Corner Fnd Cut "0
Sec. 10-83-24 Corner Cert.
Fnd Cut "X" Inst No.
Corner Cert 96-00365
Inst. No.
2008-00011771
LINCOLN WAY N 89° 17'01" E 2,626.44'Air—
n
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JACK TRICE WAY
------------ — — — -------
W 1/4 Corner
Sec. 10-83-24
DATE OF SURVEY Fnd Cut X"
Corner Cert. Inst No. 2021-13163
AUGUST 16,2023
CURVE TABLE 0 300
CURVE NO. DELTA RADIUS ARC LENGTH TANGENT CHORD BEARING/DISTANCE
C-1 12°59'29"LT 2,371.83' 537.80' 270.06' S9°31'49"E 536.65'
C-2 15°16'08"RT 1,829.86' 487.64' 245.27' S8°23'30"E 486.20'
SCALE (FEET)
CYTOWN DEVELOMENT AREA SHEET 1 OF 1
PN: 1220768
EXHIBIT DRAWING FLD BK:881A PG:38
6 S N Y D E R 2727 S.W.SNYDER BLVD. DATE: 12/15/23
&ASSOCIATES ANKENY, IA 50023(515)964-2020 PM/TECH: EJM/SDB
VMWHalfWeigqhlPOF.pltcfgg V+\Projects\2022\122.0768.01\CODD\EXHBT_1220768-BNDRY.dgn
V:\RefLibrory\CODOStandards\WorkSpace\Standards\Printing\Pen_Tobles\dote.tbl 12/19/2023 54
DefWt encmiller
EXHIBIT B
INDEX LEGEND
SURVEYOR'S NAME/RETURN TO:
ERIC J. MILLER
SNYDER&ASSOCIATES, INC.
2727 SW SNYDER BOULEVARD
ANKENY, IOWA 50023
515-964-2020
ERICMILLER@SNYDER-ASSOCIATES.COM
SERVICE PROVIDED BY:
SNYDER&ASSOCIATES, INC.
SURVEY LOCATED:
S1/2 NW1/4
SECTION 10-83-24
REQUESTED BY:
IOWA STATE UNIVERSITY
EASEMENT PLAT
PUBLIC UTILITY EASEMENT DESCRIPTION
A PART OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.,CITY
OF AMES,STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 10;THENCE NORTH 89°09'20"EAST ALONG THE SOUTH LINE OF SAID
SOUTH 1/2 OF THE NORTHWEST 1/4,A DISTANCE OF 1157.28 FEET;THENCE NORTH 0°40'41"WEST,213.37 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUING NORTH 0°40'41"WEST, 123.87 FEET;THENCE NORTH 89°19'19"EAST,67.11 FEET;THENCE NORTH
0°40'41"WEST,265.76 FEET;THENCE SOUTH 89°19'19"WEST,449.50 FEET;THENCE NORTH 0°40'41"WEST,354.24 FEET;THENCE
NORTH 89'19'19"EAST,20.00 FEET;THENCE SOUTH 0°40'41"EAST,334.24 FEET;THENCE NORTH 89'19'19"EAST,449.50 FEET;
THENCE SOUTH 0°40'41"EAST,305.76 FEET;THENCE SOUTH 89'19'19"WEST,67.11 FEET;THENCE SOUTH 0°40'41"EAST, 103.87
FEET;THENCE SOUTH 89°19'19"WEST,20.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.58 ACRES(25,210 S.F.).
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
BASIS OF BEARING
THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 10,TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE
5TH P.M. IS ASSUMED TO BEAR NORTH 89°09'20"EAST FOR THE PURPOSE OF THIS SURVEY.
DATE OF SURVEY
11-30-2022
OWNER
IOWA STATE UNIVERSITY
1350 BEARDSHEAR HALL
AMES, IA 50011
LEGEND
FEATURES FOUND SET
Section Corner A 0
1/2"Rebar,Cap#19515
w/Oran e Plastic Ca 0 1 hereby certify that this land surveying document
9 P was prepared and the related survey work was
(Unless Otherwise Noted) performed by me or under my direct personal
ROW Marker supervision and that I am a duly licensed
Professional Land Surveyor under the laws of the
ROW Rail
u Q ,SS IONAL � State of Iowa.
Platted Distance P
Measured Bearing&Distance M
Recorded As R ERIC J. Eric J.Miller,PLS Date
Deed Distance D MILLER rn
Calculated Distance C License Number 19515
Centerline _ _ 19515 My License Renewal Date is December 31,2022
Section Line Pages or sheets covered by this seal:
1/4 Section Line /OWN41
Sheets 1 and 2 of 2
1/4 1/4 Section Line ———
Easement Line
CYTOWN PROJECT SHEET 1 OF 2
PUBLIC UTILITY EASEMENT PN: 122.0768.01
T-R-S:83N-24W-10
SNYDER 2727 S.W. SNYDER BLVD. DATE: 12/01/2022
&ASSOCIATES ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/AJD
V:\Projects\2022\122.0768.01\CADD\1220768_PUE_EASE.dwg 55
EASEMENT PLAT
N89°19'19"E 20.00'
N
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20' Public Utility Easement
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S89°19'19"W 449.50'
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N89°19'19"E 67.11'
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S89°19'19"W 67.11'
Point Of Beginning00
—— — —SO°40'41"E 103.87'
JACK TRICE WAY
N
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S89°19'19"W 20.00'
0
It
O MI
Z M
W 1/4 Corner Section 10-83-24 N
Found 1/2" Rebar With I Center Section 10-83-24
Orange Plastic Cap# 19515 Found 60D Spike
Instrument No. 2021-13163 I Instrument No. 2013-00014488
1157.28' _ _ — — :1�&
N89oO9'20"E 2628.84'
CYTOWN PROJECT SHEET 2 OF 2
PUBLIC UTILITY EASEMENT PN: 122.0768.01
T-R-S:83N-24W-10
N Y I E R 2727 S.W. SNYDER BLVD. DATE: 12/01/2022
&ASSOCIATES ANKENY, IA 50023 (515) 964-2020 PM/TECH: EJM/AJD
V:\Projects\2022\122.0768.01\CADD\1220768_PUE_EASE.dwg 56