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Home My WebLink About2006-06-27 Resolution M+~ r;6~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-199 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED Passed and approved this 27th day of June (kl MAYOR . (\ (\ ,20 06 )^~. ATTEST:J1~ ..#~j4!. c:k/;~ CIT LERK Approved by ~~ \,:;--O~ City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Bailey the AYES: ~ ~ X ~ X ~ ~ NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn DOING BUSINESS AS APPLICANTS NAME PURPOSE CIGARETTE PERMITS PRINTED : 02-MAY-06 PAGE: 1 AAJAXXX LIQUOR STORE AAJAXXX LIQUOR STORE INC AFTER HOURS Ou.T O~ BIAS/NE.1i.S AFTER HOURS - OO-JAMES !/MOTIF LTD CT~ETTE OUTLET #18 ~~~ETTE OUTLET INC ~LLEGE STREET BILLIARD CLUB DAVERSE II INC . C~4AL LANES ~~~~LL CORP ~FOODS ~PE VALU INC i53':; vt:~S/ ~~r1l."iS"'7 'S SHORT STOP CORPORATION DANIEL J GLASGOW D~OOD ~~~ ENTERPRISES ~I MART #1 DELIMART PROPERTIES INC SWITCIIDD JUT AD"!>"'''!; &. BUD lJ)D FOR r1.~.ILnJGG ~LI MART #2 DELlMART PROPERTIES INC . DELI MART #3 VDELIMART PROPERTIES INC .;:mLI MART #5 DELlMART PROPERTIES INC ~E SOUTHERN DISCOUNT DEN \ ~\I!J 1-1)' - UEE. O~~'1()R.a. VHY-VEE INC ~BLIN UNDERGROUND THE DUBLIN UNDERGROUND INC LICENSE # STICKER # 01 01086 06 00069 85 00074 05 00007 04 00001 85 00003 95 00005 86 00022 85 00092 87 00013 00641 C 00068 C c, '1'1 00666 C 00061 C ,!:'1:..?:.. 00628 C ..i_t1-~ 00646 C 07- if- 0' - 5 0'1 - b 00612 C 07- 7 00658 V 01- 8 00062 C 01- C; 87 00018 00063 C D7-IO 98 00014 00064 C 07-" 99 00006 00065 C 07' Id 00 00017 00654 C o '{- I:}; 85 00013 00660 C 07-(tf 93 00001 00069 C 0'1-15 CIGARETTE PERMITS PRINTED : 02-MAY-06 PAGE: 2 DOING BUSINESS AS APPLICANTS NAME PURPOSE nOBUQUE STREET HANDIMART vNORDSTROM OIL COMPANY . ET.~ THE MEXICAN STORE ~ PASO TIENDA Y TAQUERIA INC F~AY STORES INC4t 3 If- ~AREWAY STORES INC FAREWAY STORES INC ~qso ~REWAY STORES INC ~TERNAL ORDER OF EAGLES #695 FRATERNAL ORDER OF EAGLES #695 CI,m;:~..[J-- No lDN&e.e. / N 6l.lS1~ES~ 'GAJ:ll:' '8 n~ .fiASBY'S FAP ENTERPRISES ~BY' S EAST FAP ENTERPRISES INC 4's6Y' S WEST FAP ENTERPRISES INC ~ETOWN MARKET INC GOOSETOWN MARKET INC ~EAT WALL VAY AND CHI HO . r~ZLEY'S SOUTH SIDE PUB L1iMDS HANRAHAN'S PUB HANRAHAN INC ~RTIG DRUG STORE #10 HARTIG DRUG COMPANY INC J.T~TOP LOUNGE ~LLTOP TAVERN LTD ~VEE FOOD STORE #1 HY-VEE INC LICENSE # STICKER # 90 00009 00635 C 07-11:, 05 00001 00616 C 03 00007 01-1~ 95 00006 00611 C 07- / B 98 00003 00066 C 07 -/ r 91 eeess OOiS13 "tT . 95 00004 00647 C 07- ;;l 00 00004 00648 C o1-dl 06 00067 00667 C Dl- )oJ. 04 00007 00629 C . n:' :,?$ 93 00011 00615 C ol.a~ 99 00004 00664 C 02 00288 00657 C 98 00001 00650 C o "--r""d.E 95 00003 00659 C 85 00009 00645 C a7-.J.b CIGARETTE PERMITS PRINTED : 02-MAY-06 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE . HxCVEE FOOD STORE #2 \.1{Y - VEE INC ~EE FOOD STORE #3 HY-VEE INC mf::';EE GAS (#1) ~~ = ~EE INC J~S GROCERY, INC. ~~'S GROCERY INC ~ CORPORATION ~RKWOOD HAWKEYE CONVENIENCE STORE HAWKEYE OIL CO INC . ~EXION THE ~ELLY L. STUCKER ~ ~ ~ ~ & GO #422 & GO LC & GO #51 & GO LC & GO #52 & GO LC & GO #53 & GO LC ~& M MIGHTY SHOP, INC. L & M MIGHTY SHOP INC LA REYNA LA REYNA INC ~QUOR HOUSE LTD LIQUOR HOUSE LTD ~YAL ORDER OF MOOSE LODGE #1096 LOYAL ORDER OF MOOSE LODGE #1096 ~TH DODGE EXPRESS ND EXPRESS INC '"R!:..\lISEI) LICENSE # 85 00010 85 00011 03 00004 85 00054 85 00140 85 00135 06 00073 85 00025 01 01087 01 01088 01 01089 85 00045 05 00008 03 00008 87 00005 01 01090 3. c.. B STICKER # 00067 C , C57-r;~ 00643 C 01-J'L 00644 C 01-S? 00618 C {)7- aq 00651 C D7-f.:,~ 00633 C 0'1-30 00673 C i>1- 31 00624 C 01- 3J- 00625 C 01- 33. 00626 C D,- 3# 00627 C 01- 35 00642 C 07' 3{, 00665 C 00623 C 00631 C 00656 C o 7 <q 0(' 3"0 01- 3,9 CIGARETTE PERMITS PRINTED : 02-MAY-06 PAGE: 3 ~VEE #2 85 00067 C, Y-VEE ~EE FOOD 00643 C D1-J'L HY-VEE INC ~EE GAS (#1) 03 00004 00644 C 01-<9'6 HY-VEE INC ~S GROCERY, INC. 85 00054 00618 C 07- aq OHN'S GROCERY INC K-MART 85 00140 00651 C K-MART CORPORATION ~IRKWOOD HAWKEYE CONVENIENCE 85 00135 00633 C 0'1-30 HAWKEYE OIL CO INC ~EXION THE 06 00073 00673 C ;:,1- 31 KELLY L. STUCKER ~ & GO #422 85 00025 00624 C o 1- 3d- & GO LC ~ & GO #51 01 01087 00625 C 07- 33 & GO LC ~ & GO #52 01 01088 00626 C 0,-31./ & GO LC ~ & GO #53 01089 00627 C .01- .35 & GO LC vo-& M MIGHTY 85 00642 C L & M MIGHTY LA REYNA 05 00665 C LA REYNA vKrQUOR HOU LTD 03 00008 00623 C LIQUOR HO SE LTD OF MOOSE LODGE #1096 87 00005 C LODGE #1096 01 01090 00656 C LICENSE # / STICKER # CIGARETTE PERMITS PRINTED : 02-MAY-06 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE , NORTH DODGE HAND I MART t/NORDSTROM OIL COMPANY ~ THE GO CONVENIENCE STORES ON THE GO CONVENIENCE STORES INC . ON~D JAKE'S ~E POOR STUDENT INC -63(:0 LJJ{Ul> #5545 1\10 LO.-JE.Eft M AMlJRICM;r I5ImG 8TO,,-,,;; .rNC 5...slll1: SS osea DRUB #35/>3' ~o L0..06U IN AMIJRICM. DRUG STORES INC e."'$''''e.SS ~RTH MINI MART INC PARTH MINI MART INC ~E, THE HAWKEYE AMUSEMENT QUINTON'S BAR & DELI MIKE & MARTY ENTERPRISES INC REDPOPPY V'SAKSHI HANDA ~USS' NORTHSIDE SERVICE RUSS'NORTHSIDE SEVICE ~COTT BLVD HAWKEYE CONVENIENCE STORE HAWKEYE OIL CO INC SHIV mNI ~lAR'f INC- o..q- oF- B...s""ES-S SHI'l MINI llAR'f Il<G STUDIO 13 WATER B INC fAjUBURBAN BP AMOCO SUBURBAN INVESTORS LC ~UBURBAN BP AMOCO KEOKUK STREET SUBURBAN INVESTORS, L.C. SI lM1V'fiT THE ~MIT RESTAURANT & BAR INC "RE.\.1\SJ::-D LICENSE # 00 00012 00 00002 04 00004 8S OOnG 02- nQ28G 05 00003 90 00007 99 ooon 06 00070 05 00005 00 00007 05 00004 06 00072 97 00007 98 00012 04 00005 3 c.. 'Cl STICKER # 07- 4D 00630 C ol~l\-\ 00639 C i) 7-4J.. OOCG2 C OObb.; L: 00614 C _ D7-4-~ 00668 V ol~ +1 00652 C C 07- b4- 00649 C o7~4S 00632 C 07-410 00653 C 00672 C 00619 C D7-41 00620 C o1-~ 00638 C 01-40, CIGARETTE PERMITS PRINTED : 02-MAY-06 PAGE: 4 LICENSE # STICKER # , NORTH DODGE VNORDSTROM OIL 00 tZ'THE GO CONVENIEN ON THE GO CONVENIENCE 00630 C INC _ ON~D JAKE'S ~E POOR STUDENT INC 00004 00639 C BSCv lJKU\.i #504 e No LOAll>EJ> {,J AMERICAN mmG .'5'fO",,,o; .lNC 8...sl osea DRUG !l36/1j' AJo ~(of,1l IN AMIJRICAN DRUG :S'fORES INC Bu.$''''F-.S$ ~~TH MINI MART INC PARTH MINI MART INC 13S OOllC 00(C2 C 02.- "Q28C OObb.; L: 05 00003 00614 C ~E, THE HAWKEYE AMUSEMENT 90 00007 00668 V QUINTON'S BAR & DELI MIKE & MARTY ENTERPRISES 99 00011 00652 C RED POPPY SAKSHI HANDA ~USS' NORTHSIDE SERVICE RUSS'NORTHSIDE SEVICE 00070 C 00649 C ~COTT BLVD HAWKEYE HAWKEYE OIL CO INC STORE 00 00632 C S ou:r- 01=- ~'^,ES.s 05 00653 C STUDIO 13 WATER B INC vSUBURBAN SUBURBAN vfuJBUR SUB 06 00072 C 97 00007 C LC BP AMOCO KEOKUK STREET INVESTORS, L.C. 98 00012 THE RESTAURANT & BAR INC 04 00005 00638 CIGARETTE PERMITS PRINTED : 02-MAY-06 PAGE: 5 DOING BUSINESS AS APPLICANTS NAME PURPOSE ~SET HANDIMART NORDSTROM OIL COMPANY ~ M MINI MART SECTOR INC ~~D BASE SPORTS BARS THE FIELDHOUSE THIRD BASE SPORTS BAR INC ~BACCO BOWl, MISSISSIPPI VALLEY TOBACCO vfOBACCO OUTLET PLUS #537 KWIK TRIP INC . ~-MART #1721 VWAL-MART STORES INC I W~REENS ~REEN COMPANY V? ICl>.Oo~ TOTAL CIGARETTE PERMITS: 71 LICENSE # 93 00008 03 00005 04 00002 91 00009 97 00008 92 00012 85 00029 STICKER # 00636. C 00634 C 00617 C 00640 C 00621 C 00661 C 00622 C N\h C' c:: Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-700 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF row A CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Fraternal Order of Eagles #695 - 225 Highway 1 West Passed and approved this 27th day of ~( ~JlC: M~OR - ATTEST:)1~4?) J!. cJ(~ cn CLERK. Approved by ~~ \,~-O\,.. City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Bailey the AYES: ----X...- ~ X ---1L X X -.lL NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn /} "1 RULES COMMITTEE MEETING MINUTES June 15, 2006 Committee Members Present: Champion, Correia Staff Members Present: Karr Youth Advisory Commission Bv-Laws The Rules Committee agreed to recommend approval ofthe by-laws as presented. N\~ c;: Prepared by: Mitchel T. Behr, Assl. City Atty., 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-701 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DECLARATION OF CONDOMINIUM REGIME FOR LOT 12, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, the City has built a 2-unit residential condominium structure at 938 Longfellow Place and 940 Longfellow Court; and WHEREAS, the City has entered into an agreement to sell 940 Longfellow Court; and WHEREAS a Declaration of Condominium Regime must be executed and recorded prior to completion of the sale of 940 Longfellow Court; and WHEREAS City Staff has prepared and approved of the attached Declaration of Condominium Regime and recommends it be approved and executed. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and City Clerk are hereby authorized and directed to execute the attached Declaration of Submission of Property To Horizontal Regime Establishing a Plan For Condominium Ownership of Premises - Lot 12, Longfellow Manor Condominiums. Passed and approved this 27th day of June , 2006. ~UJL MAYOR ATTEST:Jz1~~d c/(. r/dM) ITY CLERK Approved By ifN QZr ~Zb/~ , City Attorney's Office Resolution No. Page 2 06-201 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x y x x x x Bailey the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Preoared bv & Return To: Mitchel T. Behr. Assf. City Attornev. 410 E. Washinaton Sf. Iowa City IA 52240 (319) 356-5030 DECLARATION OF SUBMISSION OF PROPERTY TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF PREMISES LOT 12, LONGFELLOW MANOR CONDOMINIUMS This Declaration of Submission of Property to the Horizontal Regime is made and executed in Iowa City, Iowa, the day of ,200_, by the City oflowa City, an Iowa Municipal Corporation, hereinafter referred to as "DECLARANTS", pursuant to the provisions of the Horizontal Property Act, Chapter 499B, Code of Iowa (2005). WITNESSETH: WHEREAS, DECLARANTS are the owners of certain real property located in Iowa City, Iowa, and more particularly described as follows: Lot 12, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Records of Johnson County, Iowa. WHEREAS, DECLARANTS are the owners of the above-described real estate and buildings and other improvements to be constructed upon said real estate and it is the desire and the intention of the DECLARANTS to divide the Project into Condominiums and to sell and convey the same to various purchasers, pursuant to the provisions of the aforesaid Horizontal Property Act, and to impose upon said property mutually beneficial restrictions, covenants, and conditions; and WHEREAS, DECLARANTS desire and intend by filing this Declaration to submit the above-described property and buildings and other improvements constructed thereon, together with all appurtenances thereto, to the provisions of the aforesaid Act as a Condominium Project; NOW, THEREFORE the DECLARANTS do hereby publish and declare that all property described above is held and shall be held and conveyed subject to the following covenants, conditions, uses, limitations and obligations, all of which are declared and agreed to be in furtherance of a plan for the improvement of said property and the division thereof into condominiums and shall be deemed to run with the land and shall be a burden and a benefit to DECLARANTS, their successors and assigns and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees and assigns. ARTICLE I. DEFINITIONS. I. DECLARANTS. The term "DECLARANTS" shall mean the City oflowa City, an Iowa Municipal Corporation, having made and executed this Declaration. 2. DECLARATION. The term "DECLARATION" shall mean this instrument by which Lot 12, Longfellow Manor Condominiums is established as provided under the Horizontal Property Act. 3. PROJECT. The term "PROJECT" shall mean the entire parcel of real estate property referred to in this Declaration to be divided into Condominiums, including all structures thereon. 4. UNIT. The term "UNIT" shall mean one or more rooms occupying all or part of a floor or floors intended for use as a residence and not owned in common with the other owners in the Regime. The boundary lines of each Unit are the interior surfaces of its perimeter walls, bearing walls, floors, ceilings, windows and window frames, doors and door frames, and trim, and includes the portions of the Building so described and the air space so encompassed. The Regime will consist of one (I) Building which will contain two (2) units. 5. GENERAL COMMON ELEMENTS. The term "GENERAL COMMON ELEMENTS" shall have the meaning as defined in ARTICLE IV. 6. LIMITED COMMON ELEMENTS. The term "LIMITED COMMON ELEMENTS" shall have the meaning as defined in ARTICLE V. 7. BUILDINGS. The term "BUILDING" shall mean and include the one Building, consisting of two (2) unit dwelling structures with a garage for each unit as constructed on the real estate described herein. The one building constitutes the sole building included in the condominium regime. 8. CONDOMINIUM. The term "CONDOMINIUM" means the entire estate in the real property owned by any Owner, consisting of an undivided interest in the Common Elements and ownership of a separate interest in a Unit. 9. OWNER, The term "OWNER" means any person with an ownership interest in a Unit in the Project. 10. ASSOCIATION. The term "ASSOCIATION" means Lot 12, Longfellow Manor Condominiums Owners Association and its successors, a council of co-owners. II. COUNCIL OF CO-OWNERS. The term "COUNCIL OF CO-OWNERS" means all co-owners of the building and is otherwise known and synonymous with the term "ASSOCIATION" and/or "HOMEOWNER'S ASSOCIATION" . 12. CONDOMINIUM DOCUMENTS. The term "CONDOMINIUM DOCUMENTS" means this Declaration, and all Exhibits attached hereto including the Bylaws of the Association. 13. PLURAL AND GENDER. Whenever the context so permits or requires, the singular shall include the plural and the plural the singular, and the use of any gender shall include all genders. 14. SEVERABILITY. The invalidity of any covenant, restriction, agreement, undertaking, or other provisions of any Condominium Document shall not affect the validity of the remaining portions thereof, IS. INCORPORATION. Exhibits attached hereto and referred to herein are hereby made a part hereof with the same force and effect as other provisions of this Document. ARTICLE II DESCRIPTION OF LAND, BUILDING AND UNITS I. Description of Land. The land submitted to the Regime is located at 938 Longfellow Place and 940 Longfellow Court, Iowa City, Johnson County, Iowa, and is legally described as follows: Lot 12, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Records of Johnson County, Iowa. 2. Description of Buildings. The Condominium Regime will consist of one building which will contain two (2) units. The building and each unit are constructed to the general specifications as set out in detail in Exhibit "A" to this Declaration. The building site plan, showing a footprint of the building and the individual units is attached as Exhibit "B". 3. Description of the Units. The Condominium Regime consists one Building, with two (2) Units each built according to the specifications set out at Exhibit "A". Both units are one level ranch-style and contain a living room, dining room, kitchen, three bedrooms, and a front porch and patio or deck. Both units include a garage. The plans of the building and the two units are attached as Exhibit"C". ARTICLE III. OWNERSHIP INTERESTS 1. Exclusive Ownership and Possession by Owner. Each Owner shall be entitled to exclusive ownership and possession of his or her Unit. hach Owner shall be entitled to an undivided fifty percent (50%) interest in the Common Elements. Said percentage of the undivided interest of each Owner in the Common Elements shall have a permanent character and shall not be altered without the consent of all Owners expressed in an amended Declaration duly recorded. The percentage of the undivided interest in the Common Elements shall not be separated from the Unit to which it appertains and shall be deemed to be conveyed or encumbered or not expressly mentioned or described in the conveyance or other instrument. Each Owner may use the Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. An Owner shall not be deemed to own the undecorated andlor unfinished surfaces of the perimeter walls, ceiling, windows and doors bounding his or her Unit, nor shall the Owner be deemed to own the utilities running through his or her Unit which are utilized for, or serve, more than one Unit, except as a percentage of an undivided interest in the Common Elements. An Owner, however, shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the interior surfaces of the walls, floors, ceilings, windows and doors bounding his or her Unit. 2. Appurtenances. There shall pass with the ownership of each Unit as a part thereof, whether or not separately described, all appurtenances to such Unit and no part of the appurtenant interest of any Unit may be sold, transferred or otherwise disposed of except in connection with the sale, transfer or other disposition of such Unit itself or of all Units in the Regime. 3. Undivided Fractional Interest. An undivided interest in the land and other Common Elements of the Regime, regardless of whether such elements are General or Limited Common Elements, shall be appurtenant to each Unit. The amount of such undivided interest appurtenant to each Unit is one-half (1/2). 4. General Common Elements. Appurtenant to each Unit shall be a right to use and enjoy the General Common Elements. 5. Limited Common Elements. The exclusive use by Owners of the Limited Common Elements shall be deemed an appurtenance of the unit for which said elements are reserved, provided such use and enjoyment shall be limited to the uses permitted by this Declaration and other Condominium Documents. 6. Association Membership and Voting Rights. Appurtenant to each Unit shall be membership in the Longfellow Manor Condominiums Association and one (1) vote in the affairs of the Association and of the Regime; provided, however, that the exercise of such voting and membership rights shall be subject to the applicable provisions of the Articles and Bylaws of the Association and of the other Condominium Documents. The action of such Association shall be deemed the action of the Owners; and such action, when taken in accordance with the Bylaws of the Association and this Declaration shall be final and conclusive upon all Unit Owners. 7. Cross-Easements. Appurtenant to each Unit shall be easements from each Unit Owner to each other Unit Owner and to the Association, and from the Association to the respective Unit Owners as follows: (a) For ingress and egress through the common areas and for maintenance, repair, and replacement as authorized; (b) Through the Units and common facilities for. maintenance, repair and replacement or reconstruction of Common Elements, but access to Units shall be only during reasonable hours except in case of emergency; (c) Every portion ofa Unit contributing to the support ofa Building is burdened with an easement of such support for the benefit of all such other Units; (d) Through the Units and common areas for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility or other services to the other Units in the common areas. ARTICLE IV. GENERAL COMMON ELEMENTS 1. Definition. General Common Elements shall include all portions of the Project (land and improvements thereon) not included within any Unit except such portions of the Project which are defined as Limited Common Elements in the following Article. The General Common Elements also include, but are not limited to, the following: (a) The land on which the Buildings are erected. (b) The Foundations, floors, exterior walls of each Unit and of the Buildings, ceilings and roofs, and entrances and exits or communication ways, and in general all devices or installations existing for common use, except as limited in the next Article. (c) Installation for public utilities, including electric, cable TV, gas and cold water for common use. (d) Front, side, and rear yards; plantings, driveways, walks, and open parking spaces. ARTICLE V. LIMITED COMMON ELEMENTS I. Definition. The term "Limited Common Elements" shall mean, and such elements shall consist of. those Common Elements which are reserved for the use of one Unit by this Article and amendments hereto and such reservation shall be to the exclusion of any other Unit. 2. Reservation. The following Common Elements are reserved and shall constitute the Limited Common Elements: (a) All exterior walls of a Building, all walls and partitions separating one Unit from the other Unit, interior load bearing walls and all other elements which are structural to a Unit are reserved for that Unit (or Units) where partitions separate two Units contained in a Building). (b) The immediate entrances leading to each Unit are reserved for those Units. 3. Exception. Notwithstanding the reservations made by this Article, the design of the Buildings, grounds to be submitted and the integrity and appearance of the Regime as a whole are the common interests of all Owners and, as such, shall remain a part of the General Common Elements. 4. Right of Association. The reservation of the Limited Common Elements herein shall not limit any right the Association and its agents may otherwise have to alter such Limited Common Elements or enter upon such Limited Common Elements. ARTICLE VI. DECLARANT'S RESERVED RIGHTS AND POWERS 1. Declarant's Activities. Declarants are irrevocably and perpetually empowered, notwithstanding any use, restriction or other provision hereof to the contrary, to sell, lease or rent Units to any person and shall have the right to transact on the Condominium property any business relating to construction, repair, remodeling, sale, lease or rental of Units, including but not limited to, the right to maintain signs, employees, independent contractors and equipment and materials on the premises, and to use Common Elements (General and Limited) to show Units. All signs and all items and equipment pertaining to sales or rentals or construction and any Unit furnished by the Declarants for sales purposes shall not be considered Common Elements and shall remain its separate property. Declarants retain the right to be and remain the Owner of any completed but unsold Unit under the same terms and conditions as other Owners, including membership in the Association save for its right to sell, rent or lease. 2. Easements. Declarants expressly reserve perpetual easements for ingress, egress and utility purposes as may be required across and under the land submitted hereby. ARTICLE VII. MANAGEMENT OF THE REGIME I. Association; Council of Co-owners. The operation of the Condominium shall be by a membership association. The name of the Association shall be "Lot 12, Longfellow Manor Condominiums Owners Association", Copies of its Bylaws are attached hereto and marked Exhibit "D". Whenever a vote or other action of Unit owners as a group is required the mechanics of conducting such a vote or taking such action shall be under the control and supervision of the Association. The action of the Association shall constitute the action of the Owners or the Council of Co-owners whenever such action is permitted or required herein or by Chapter 499B of the Code ofIowa (2005). 2. Compliance. All owners, tenants, families, guests and other persons using or occupying the Regime shall be bound by and strictly comply with the provisions of the Bylaws of the Association and applicable provisions of other Condominium Documents, and all agreements, regulations and determinations lawfully made by the Association and its directors, officers or agents shall be binding on all such Owners and other persons. A failure to comply with the Bylaws or the provisions of the other Condominium Documents or any agreement or determination thus lawfully made shall be grounds for an action to recover sums due for damages on the part of the Association or any Owner, as applicable, or injunctive relief without waiving either remedy. 3. Powers of Association. Each Owner agrees that the Association has and shall exercise all powers, rights and authority granted unto it, the Council of Co-owners, and the Owners as a group by Chapter 499B of the 2005 Code of Iowa, and such as are more particularly set forth in the Condominium Documents, including but not limited to the making of assessments chargeable to Owners and the creation of a lien on Units thereof, and to acquire a Unit at foreclosure sale and to hold, lease, mortgage or convey the same. Each Owner hereby waives any rights to delay or prevent such foreclosure by the Association which he or she may have by reason of a homestead exemption. 4. Partition. All Unit Owners shall be deemed to have waived all rights of partition, ifany, in connection with such acquisition. 5. Membership, Voting Rights. The members of the Association shall consist of all of the record Owners of Units. After receiving the approval of the Association elsewhere required, change of membership in the Association shall be established by recording in the public records of Johnson County, Iowa, a deed or other instrument establishing a record title to a Unit, in the Condominium and the membership of the prior Owner shall be thereby terminated. The members of the Association shall be entitled to cast one (I) vote for each Unit owned by such member. 6. Restraint upon Assignment. The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to his or her Unit. 7. Discharge of Liability. All Owners shall promptly discharge any lien which may hereafter be filed against his or her Condominium. 8. Limitation on Association's Liability. The Association shall not be liable for any injury or damage to property caused by or on the Common Elements or by another Owner or person in the Project or by any other means unless caused by the gross negligence of the Association. No diminution or abatement of common expense assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements of the Common Elements or from any action taken to comply with any law, ordinance or orders of a governmental authority. ARTICLE VIII. MAINTENANCE, ALTERATION AND IMPROVEMENT. ..~--,--_._--,---~._-_._--,----_.._------,--,_.."---'-,-~-_.__..__._._-_._----------' 1. Definitions. Certain terms used in this Article shall have a meaning as follows, provided any dispute over meanings shall be conclusively decided by the Board of Directors of the Association: (a) "Maintenance" or "repair" shall mean the act of maintaining, restoration, renovation, reconstruction, replacement, rebuilding and similar work necessary to preserve a Unit or the property in its original condition as completed. (b) "Improvement" shall mean the addition of a new structure, element or facility, other than a structure, element or facility otherwise provided for by this Declaration or any Supplementary Declaration. 2. Maintenance by Association. (a) The Association shall maintain all Common Elements, whether Limited or General, and shall make assessments therefore as a common expense except where maintenance has been specifically made the responsibility of each Unit. (b) The Association shall repair incidental damage caused to a Unit through maintenance by the Association and shall assess the cost thereof as a common expense. (c) If a Unit Owner defaults on his or her responsibilities of maintenance, the Association shall assume such responsibilities and shall assess the cost thereof against the Unit of such Owner and such assessment shall be collectible as if it were an assessment for common expenses. (d) The Association may, in its discretion, assume responsibility for any maintenance project which requires reconstruction, repair, rebuilding, conservation, restoration Of similar work to more than one Unit and the cost thereof may be in the discretion of the Association either assessed against each Unit on which such costs were incurred or assessed against all Units as a common expense according to the circumstances. 3. Maintenance by Owner. (a) Each Unit Owner at his or her own expense shall maintain the interior, including the boundary surfaces, of such Unit and its equipment, shall keep such interior in a clean and sanitary condition, shall do all redecorating, painting and other finishing which may at any time be necessary to maintain his or her Unit, and shall be responsible for the maintenance of all personalty including carpets, furnishings, and appliances within such Unit. (b) The Owner of each Unit shall be responsible for maintaining the plumbing fixtures within the Unit and heating and air conditioning unit serving such Unit and all other utilities or portions thereoflocated within the boundaries of his or her Unit. The Owner shall also, at his or her own expense, keep his or her Unit in a clean and sanitary condition. (c) The Unit Owner shall maintain, at his or her expense, any improvement or other alteration made by him or her. (d) The owner of each Unit shall promptly report to the Association any defects or other maintenance needs which are the responsibility of the Association. 4. Alterations or Improvements by Owner. No Unit Owner shall make or permit to be made any structural alteration to the Building without first obtaining written consent of the owner of the other Unit if such alteration affects the firewall separating the two Units in the project. Alterations to the exterior of the Building shall only be made in accordance with the provisions of this Article. Unit owner shall do no act or work which will impair the structural soundness or integrity of the Building or safety of the property or impair any easement. The improvement or alteration of a Unit shall cause no increase or decrease in the number of ownership interests appurtenant to such Unit. 5. Alterations or Improvements by the Association. Whenever in the judgment of the Board of Directors the Common Elements shall require additions, alterations or improvements, the Board of Directors shall proceed with such additions, alterations or improvements and shall assess all Unit Owners for the cost thereof as a common charge. ARTICLE IX. CONDITIONS OF AND RESTRICTIONS ON OWNERSHIP, USE, AND ENJOYMENT 1. Subjection of the Property to Certain Provision. The ownership, use, occupation, and enjoyment of each Unit and of the Common Elements of the Regime shall be subject to the provisions of the Bylaws and this Declaration, all of which provisions irrespective of where set forth or classified shall have equal status and shall be enforceable and binding as a covenant, condition, restriction, or requirement running with the land and shall be binding on and enforceable against each and all Units and the Owners thereof and their respective assigns, lessees, tenants, occupants and successors in interest. 2. Use of Property. The use of the property shall be in accordance with and subject to the following provisions: (a) A unit shall be used or occupied for living or dwelling purposes only. (b) A Condominium may be rented or leased by the Owner or his or her lessee, provided the entire Unit is rented. No lease shall relieve the Owner as against the Association and other Owners from any responsibility or liability imposed by the Condominium Documents. (c) Nothing shall be altered in, constructed in, or removed from, the Common Elements, Limited or General, except upon written consent of the Board of Directors of the Association, which may be given through regulations of the Association, and further provided that any holder ofa first mortgage which acquires possession of a Unit by foreclosure or by deed in lieu of foreclosure shall have the right to post signs for sale or rental of such Unit until such Unit is sold or a lease is entered into. (d) No activity shall be allowed which unduly interferes with the peaceful possession and use of the property by the Unit Owners nor shall any fire hazard or unsightly accumulation of refuse be allowed. (e) Nothing shall be done or kept in any Unit or in the common area which will increase the rate of insurance on the common area, without the prior written consent of the Association. No Owner shall permit anything to be done or kept in his or her Unit or in the common area which will result in the cancellation of insurance on any Unit or any part of the common area, or which would be in violation of any law. (I) The Association shall have the authority to adopt rules and regulations governing the use of the property and such rules shall be observed and obeyed by the Owners, their guests and invitees. (g) Agents of or contractors hired by the Association may enter any Unit when necessary in connection with any maintenance, landscaping, or construction for which the Association is responsible, provided such entry shall be made with as little inconvenience to the Owners as practicable. (h) A Unit Owner shall give notice to the Association of every lien against his or her Unit other than permitted mortgages, taxes, and Association assessments, and of any suit or other proceeding which may affect the title to his or her Unit, within ten (10) days after the lien attaches or the Owner receives notice of such Unit. (i) A Unit Owner shall be liable to the Association for the expense of any maintenance, repair, or replacement rendered necessary by his or her act, neglect, or carelessness, or by that of his or her family, guests, employees, agents, or lessees, which liability shall include any increase in insurance rates resulting there from. 3. No Waiver. Failure of the Association or any Owner to enforce any covenant, condition, restriction or other provision of Chapter 499B of the Code of Iowa (2005), this Declaration, the Bylaws of the Association, or the rules and regulations adopted pursuant thereto, shall not constitute a waiver of the right to enforce the same thereafter. ARTICLE X. INSURANCE AND CASUALTY 1. General Liability and Property Damage. Comprehensive general liability and property damage insurance shall be purchased by the Association as promptly as possible following its election, and shall be maintained in force at all times, the premiums thereon to be paid by assessments. Prior to the organizational meeting, such insurance shall be procured by Declarants. The insurance' shall be carried with reputable companies authorized to do business in the State of Iowa in such amounts as the Association may determine. The policy or policies shall name as insured all the Owners and the Association. Declarants shall be named as additional insured on such policy or policies until such time as Declarants shall have conveyed all of the Condominium Units in the Project. The policy or policies shall insure against loss arising from perils in both the common areas and the Units and shall include contractual liability coverage to protect against such liabilities as may arise under the contractual exposures of the Association, and/or the Board. 2. Fire and Casualty. Fire and other hazard insurance shall be maintained in force at all times, the premiums thereon to be paid out of Association assessments. Policies shall provide for the issuance of certificates or such enforcement evidencing the insurance as may be required by the respective mortgagees. The policy, and certificates so issued, will bear a mortgage clause naming the mortgagees interested in said property. The policy or policies shall insure against loss from perils therein covered to all of the improvements in the Project, except as may be separately insured. Such policy or policies shall contain extended coverage, vandalism, and malicious mischief endorsements. The improvements to be insured under this clause shall be continually insured to value, and the policy or policies shall contain repiacement cost insurance. If reasonably available, the policy or policies shall contain a stipulated amount clause to permit a cash settlement covering specified value in the event of destruction and a decision not to rebuild. The policy or policies shall name as insured all of the Owners, the Association and Declarants; so long as Declarants are the Owners of any of the Units in the Project. The Declarants shall notify the insurance carrier of any change in ownership of a Unit until such time as the organizational meeting of the Unit Owners is held, at which time, it shall be the responsibility of the Association to notify the insurance carrier of a change in the ownership of any Unit, The policy or policies shall also cover personal property owned in common, and shall further contain waiver of subrogation rights by the carrier as to neglect owners. 3. Fire and Casualty on Individual Units. Except as expressly provided in this clause and in clause 4, no Owner shall separately insure his Condominium or any part thereof against loss by fire or other casualty covered hy the insurance carrier under clause 2. Should any Owner violate this provision, any diminution in insurance proceeds resulting from the existence of such other insurance, shall the Owner who acquired such other insurance, who shall be liable to the Association to the extent-of any such diminution andlor loss of proceeds. 4. Personal Liability on Individual Units. An Owner may carry such personal liability insurance, in addition to that herein required, as he or she may desire. In addition, such fixtures and mechanical equipment located within a Unit such as plumbing fixtures, electrical lighting fixtures, kitchen and bathroom cabinets and counter tops, air-conditioning and water heater together with additions thereto and replacements thereof, as well as the personal property of the Unit Owner, may be separately insured by such Owner, such insurance to be limited to the type of and nature of coverage often referred to as "Condominium Unit-Owners Insurance". All such insurance separately carried shall contain waiver of subrogation rights by the carrier as to negligent Owners. 5. Additional Coverage. The Association may purchase and maintain in force, at the expense of the maintenance fund, debris removal insurance, fidelity bonds, and other insurance andlor bonds that it deems necessary. The Board shall purchase and maintain workmen's compensation insurance to the extent that the same shall be required by law respecting employees of the Association. The Board shall also maintain all risk" insurance coverage on the Project to insure against water damage and like kind of casualties. 6. Loss Adjustment. The Association is hereby appointed the attorney-in-fact for all Owners to negotiate loss adjustment on the policy or policies carried under clauses I, 2, 3, and 5 above. 7. Association as Trustee for Proceeds. In the event of damage or destruction by fire or other casualty affecting a Unit or Units, and/or if any portion of the common area is damaged or destroyed by fire or other casualty, all insurance proceeds paid in satisfaction of claims for said loss or losses shall be segregated according to losses suffered by each Unit or Units and/or the common area, and shall be paid to the Association as trustee for the Owner or Owners and for the encumbrances or encumbrancer, as their interest may appear. Said insurance proceeds, and the proceeds of any special assessment as hereinafter provided, whether or not subject to liens of mortgages or deeds oftrust, shall be collected and disbursed by said trustee through a separate trust account on the following terms and conditions: (a) Partial Destruction of Common Elements. If the damaged improvement is a Common Element, the Association may without further authorization contract to repair or rebuild the damaged portion of the Common Element substantially in accordance with the original plans and specifications thereof. (b) Partial Destruction of Units and Common Elements. In the event of damage to, or destruction of, any Unit or Units with accompanying damage to the Common Elements but the total destruction or damage does not represent sixty percent (60%) or more of the Building and the cost of repairing or rebuilding said damaged area does not exceed the amount of available insurance proceeds for said loss by more than $5,000.00, the Association shall immediately contract to repair or rebuild the damaged portion of the Unit or Units and the Common Elements substantially in accordance with the original plans and specifications. If the cost to repair or rebuild exceeds available insurance by $5,000.00, then the Owners of the individual Units, by a unanimous vote of those present and entitled to vote, in person or by proxy, at a duly constituted Owners' meeting held within thirty (30) days from the date of such damage or destruction, shall determine whether to proceed with repair or reconstruction. (c) Total Destruction. In the event of sixty percent (60%) or more damage to, or destruction of the Buildings by fire or other casualty, the Owners of the individual Units, by a unanimous vote ofthose present and entitled to vote, in person or by proxy, at a duly constituted Owner's meeting held within thirty (30) days from the date of such damage or destruction, shall determine whether the Association shall be authorized to proceed with repair or reconstruction, or whether said Project shall be sold; provided, however, that such determination shall be subject to the express written approval of all record owners of mortgages upon any part ofthe Regime. In the event of a determination to rebuild or repair, the Association shall have prepared the necessary plans, specifications and maps and shall execute the necessary documents to effect such reconstruction or repair as promptly as practicable and in a lawful and workmanlike manner. In the event of a determination not to rebuild, the Association shall offer the Project for sale forthwith, at the highest and best price obtainable, either in its damaged condition, or after damaged structures have been razed, the net proceeds of such sale, and the proceeds, if any, of insurance carried by the Association, and/or by the Owners as a whole on the Project, including coverage on the Units and the common area, except for Unit coverages under Clause 4 of this ARTICLE X, shall be distributed proportionately to the Unit Owners in the same proportion that the Unit in which they have an interest shares in the Common Elements, except that where there is a mortgage of record or other valid encumbrance on anyone Unit then, and in that event, with respect to said Unit the Association will distribute said proceeds which would otherwise have been distributable to such Unit Owner as follows: first to the record owner of mortgages upon Units and Common Elements in the Regime in satisfaction of the balance currently due on said encumbrances and then the remaining proceeds, ifany, to the Unit Owner of record. (d) In the event that the common area is repaired or reconstructed pursuant to the provisions of (a), (b), or (c) of this clause and there is any deficiency between the insurance proceeds paid for the damage to the common area and the contract price for repairing or rebuilding the common area, the Association shall levy a special assessment against each Owner in proportion to his or her percentage of ownership in the common area to make up such deficiency. If any Owner shall fail to pay said special assessment or assessments within thirty (30) days after the levy thereof, the Association shall make up the deficiency by payment from the maintenance fund, and the remaining Owners shall be entitled to the same remedies as those provided in ARTICLE VII. of this Declaration, covering a default of any Owner in the payment of maintenance charges. 8. Abatement of Common Expenses. The Association is authorized to provide coverage for payment of maintenance charges which are abated hereunder on behalf of an Owner whose Unit is rendered uninhabitable for a peril insured against. 9. Review of Insurance Needs. Insurance coverages will be analyzed by the Association at least every year from the date hereof and the insurance program revised accordingly. ARTICLE XI. MORTGAGEE PROTECTIONS I. Right to Mortgage. Each Unit Owner shall hive the right, subject to these provisions, to grant separate Mortgages for his or her Unit together with the respective ownership interest in the Common Elements. No Unit Owner shall have the right or authority to make or create or cause to be made or created from the date hereof any Mortgage or other lien on or affecting the Project or any part thereof, except only to the extent of his or her own Unit and the respective ownership interest in the Common Elements appurtenant thereto. 2. Mortgagee Protections. Notwithstanding any and all provisions hereof to the contrary, the following provisions are added hereto (and to the extent that these added provisions contlict with any other provisions of the Declaration, these added provisions shall control): (a) Notice to Mortgagee of Default. Each holder ofa First Mortgage encumbering any Unit is entitled to written notification from the Association of any default by the Mortgagor of such Unit in the performance of such Mortgagor's obligations under the Declaration or the Bylaws of the Association, which is not cured within thirty (30) days. (b) Rights of Mortgagees under Foreclosure. Each holder ofa First Mortgage encumbering any Unit which comes into possession of such Unit pursuant to the remedies provided in such Mortgage, or by foreclosure of such Mortgage, or by Deed (or Assignment) in lieu of foreclosure of such Mortgage shall be exempt from any restriction or the sale or rental of such Unit including, but not limited to, restrictions on the posting of signs pertaining to the sale or rental of such Unit. (c) Mortgages Free and Clear of Lien. Any First Mortgagee who obtains title to a Unit, pursuant to the remedies provided in the Mortgage or foreclosure of said Mortgage, will not be liable for such Unit's unpaid dues or charges which accrue prior to the acquisition of title to such Unit by the Mortgagee. (d) Restrictions on Association. Unless at least seventy-five (75%) of the First Mortgagees (based on one vote for each First Mortgage owned) or Owners (other than declarant) of the individual Units have given their prior written approval, the Association shall not be entitled to: (1) By act or omission seek to abandon or terminate the Project; (2) Change the pro rata interest or obligations of any individual Unit for the purpose of: (i) Levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (H) Determining the pro rata share of ownership of each Unit in the Common Elements; (Hi) Partition or sub-divide any Unit; (iv) By act or omission, seek to abandon, sub-divide, encumber, sell or transfer the Common Elements. (The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Condominium project shall not be deemed a transfer within the meaning of this clause.). (v) Use hazard insurance proceeds for losses to any Condominium property (whether to Units or to Common Elements) for other than the repair, replacement or reconstruction of such Condominium property, except as provided by statute in case of substantial loss to the Units and/or Common Elements <if the Condominium Project. (e) Mortgagees' Rights. All First Mortgagees shall have the right upon written request to examine the books, records, and financial statements of the Association or the Condominium Project at any time during normal business hours. This right of inspection shall include, but shall not be limited to, inspection of (and copies of if requested) all the Condominium Documents, audited financial statements, and other related materials. Similar inspection privileges shall be extended to prospective Mortgagees upon adequate showing of anticipated purchase of a unit and to such other persons as may be necessary to comply with the lending requirements of the Federal Home Loan Mortgage Corporation, FNMA or FHA. (I) Maintenance Reserve Fund. The Board shall establish and fund out of regular monthly assessments a reserve fund for the periodic maintenance of the Common Elements in such amounts as the Board deems reasonable to provide for such expenses. (g) Working Caoital Reserve Fund. The Board shall establish and fund out of regular monthly assessments a reserve fund for working capital needs equal to at least two (2) month's Common Area assessments for each Unit. This fund may be dissolved by resolution of the Board at any time after one year from the date of its establishment. ._.~_..__..__._~--------_._._..-~~._-----_..,~-_._._-------------~--~-~.,--~- (h) Notice of Damage. The Association shall give the Federal Home Loan Mortgage Corporation notice (c/o Servicer, at Servicer's address) in writing of any loss to, or taking of, a Common Element of the Condominium Project if such loss or taking exceeds Ten Thousand Dollars ($10,000.00), or damage to a Unit covered by a Mortgage purchased in whole or in part by Federal Home Loan Mortgage Corporation exceeds One Thousand Dollars ($1,000.00). (i) Insurance Proceeds Unon Damage. In the event of substantial damage to or destruction of any Unit or any part of the Common Elements, the Mortgagee of a Unit will be entitled to timely written notice of such damage or destruction, and no provision of this Declaration or another document establishing the Project will entitle the Unit Owner or other party to priority over such Mortgagee with respect to the distribution of any insurance proceeds. Ul Condemnation. If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, the Mortgagee of a Unit will be entitled to timely written notice of any such proceeding or proposed acquisition, and no provision of this Declaration or any other document establishing the Project shall entitle the Unit Owner or other party to priority over such Mortgagee. with respect to the distribution of the proceeds of any award or settlement. (k) Association Meetings. Any Mortgagee making a written request to do so shall be entitled to notice of all Association meetings and may designate a non-voting representative to attend all such meetings. ARTICLE XII TERMINATION I. Prncedure. The Condominium may be terminated in the following manner, in addition to the manner provided by the Horizontal Property Act: (a) Destruction. In the event it is determined in the manner elsewhere provided that the Building shall not be reconstructed because of major damage, the Condominium plan of ownership will be thereby terminated in compliance to the provisions of Section 4998.8 of the Code of Iowa (2005). (b) Agreement. The Condominium may be terminated at any time by the approval in writing of all of the Owners of the Condominium and by holders of all liens affecting any of the Units by filing an instrument to that effect, duly recorded, as provided in Section 499B.8 of the Code of Iowa (2005). It shall be the duty of each Unit Owner and his or her respective lien holder to execute and deliver such instrument and to perform all acts as in manner and form may be necessary to effect the sale of the Project when at a meeting duly convened of the Association, the Owners of 100% of the voting power, and all record owners of mortgages upon Units in the Regime, elect to terminate and/or sell the Project. (c) Certificate. The termination of the Condominium in either of the foregoing manners shall be evidence by a certificate of the Association executed by all members of the Association and their respective holders of all liens affecting their interest in the Condominium, certifying as to facts effecting the termination, which certificate shall become effective upon being recorded in the office of the Johnson County Recorder in Iowa City, Iowa. 2. Form of Ownership after Termination. After termination of the Condominium, the Project will be held as follows: (a) The property (land and improvements) shall be deemed to be owned in common by the Owners. (b) The undivided interest in the property owned in common which shall appertain to each Unit Owner shall be the percentage of undivided interest previously owned by such Owner in the common area and facilities. (c) Any liens affecting any of the Condominiums shall be deemed to be transferred in accordance with the existing priorities to the undivided interest of the Owner in that property. (d) After termination, the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the Owners in a percentage equal to the percentage of undivided interest owned by each Owner in the Common Elements; after first paying out of the respective shares of the Owners, to the extent sufficient for that purpose, all liens on the undivided interest in the property owned by each Owner. ARTICLE XIII. AMENDMENTS AND MISCELLANEOUS I. Procedure. Except as otherwise provided in this Declaration, this Declaration may be amended and such amendment shall be made in the following manner; (a) Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered. Holders of a first mortgage of record shall receive notice of such proposed amendment as provided in the Bylaws of the Association. (b) Resolution. A resolution adopting a proposed amendment may be proposed by any member of the Association. Except as provided elsewhere, the resolution must be adopted by a majority vote of all Owners entitled to vote, in person or by proxy; provided, however, no amendment effecting a substantial change in this Declaration or the Bylaws of the Association shall affect the rights of the holder of any such mortgage recorded prior to recordation of such amendment who does not join in the execution thereof and who does not approve said amendment in writing. (c) Bvlaws. In the case of an amendment to this Declaration by reason of an amendment to the Bylaws of the Association, then in the manner specified in such Bylaws. (d) Execution and Recording. An amendment adopted pursuant to (b) or (c) above shall be executed by an officer specifically delegated to do so with the formalities required by Chapter 499B of the Code ofIowa (2005). Upon the recordation of such instrument in the office of the Johnson County Recorder, the same shall be effective against any persons owning an interest in a Unit or the Regime. 2. Amendment of Ownership Interest. No amendment shall change the percentage of ownership in the Common Elements appurtenant to a Unit, nor increase the Owner's share of the common expenses unless the record Owner of the Unit concerned and all record owners of mortgages thereon shall affirmatively join in the adoption of such amendment. IN WITNESS WHEREOF, Declarants have executed this Declaration the day and year first above written. CITY OF IOWA CITY ~U~ Mayor Attest: )J~<~f~) II~A/J City rk Approved: U:u /J ez; (pr~(OCR City f'..ttorney rtf- CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this :)7 ~ day of J....A11' ,2006, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i SONDRAE FORT ~ Commission Number 159791 . . My Commission ExpIres - - 0 s....../u. f~ ~XHIBIT "'Q' A- ,""."",'"""""~""""'~""',;,,,,,-,,-_,,,,,>,',",,_,,,"~,9""."''''.'0.'.'...;,.,.....".,.''-".." General Specifications for Lot 12 Longfellow Subdivision 940 Longfellow Court and 938 Longfellow Place Iowa City, Iowa 3. CONCRETE A. Foundation: B. Garaae Floor: C. Basement Floor: D. Driveway: E. Walks: 4. NO WORK 5. NO WORK 6. . WOODS & PLASTICS A. Exterior Wall: B. Interior Walls: C. Roof Svstem: Concrete walls 8" thick on an 8"x16" continuous footing (see Foundation Plan). 4" concrete with re-rod 24" on center. Trowel finish. 4" concrete over poly-vapor barrier. Trowel finish. 4" concrete with re-rod 24" on center entire width of garage. Light broom finish. 4" concrete. Light broom finish. 2x6 studs, 16" on center with 7/16 OSS sheathing, Tyvek house wrap, vinyl lap siding. 2x4 studs, 16" on center. Pre-engineered roof trusses or "I" joists 24" on center as noted on plans with 15/32" OSB sheathing. 12 '. D. Floor Svstem: No. 2 Douglas Fir lumber and "I" joist at 16" on-center as noted on plans with 0/.," tongue and groove subtloor. E. Millwork: 1. Lumber shall be sound and dry, selected for compatibility of grain and color and containing no defects that cannot be concealed by finishing methods for stained transparent finish. 2. Scribing and joining shall accomplish hair-line joints. Finish trim corners shall be mitered, trim other than finish may be butted. 3. Pre-finished wood baseboard to match interior doors, frames and casing shall be nominal 3" high. F. Cabinetwork: 1. Grade: a. All cabinets shall bear the label of an independent inspection agency that maintains continuous control over the testing and inspection of the cabinet. The label shall identify the manufacturer's name or symbol and indicate compliance with the applicable standards. 2. Species: a. Exposed members shall be oak or maple with veneered portions plain sliced. 3. Hardware: a. The cabinet manufacturer shall furnish and install cabinetwork hardware. 4. General: a. Face frames and cabinet .doors shall be not less than %" thick hardwood. b. Cabinets shall be constructed with horizontal lumber webframes, vertical plywood walls, or panels or lumber faceplates. Cabinet c. Cabinet bottom shall be minimum W' thick except in sink unit where )1." tempered hardboard may be loose set on web frame for access to service lines. d. Cabinet backs shall be 1/4" minimum thickness plywood or hardboard. In base cabinets where no drawers occur, backs may be made removable from the interior of the cabinet. e. Drawer bottoms shall be 1/4" minimum thickness plywood. 13 . , 1. Drawer sides shall be beveled top edges and plowed bottoms to receive drawer bottom. g. Fixed web frames and shelves shall be joined to ends or vertical dividers with stop dado. h. Adjustable shelves shall be supported on surface applied shelf standards and brackets. Both edges but not ends of adjustable shelves shall be edged with hardwood. Shelves shall be 5/8" minimum thickness. i. Countertop assemblies shall consist of plastic laminate over plywood or other approved material. Sink cut-outs shall be made by templates provided by sink supplier. Edges of cut-outs shall be permanently sealed to prevent water absorption. j. Flush type doors shall be W thick for maximum size 36" wide by 48" high or oak or maple wood. k. Bases shall be solid oak or maple (matched to cabinet) only, set to provide a toe space 2-1/4" deep by 4" high above finished flooring material for cabinets. Where similar individual units are assembled together into one integral items, the base may be solid yard lumber securely attached to the floor as a single unit. I. Cabinetwork shall be pre-finished by the manufacturer. m. Stain colors, wood types and cabinet pattems shall be selected by the Owner from the manufacturer's full palette. (1 ) Manufacturers: BRAMMER; KITCHENCRAFT, ENCORE, OMEGA, OR APPROVED MANUFACTURER. G. Vinyl coated wire shelving in all closets. One shelf and rod in each clothes closet. Five shelves in each linen and pantry closet. One shelf in laundry closet. Closet Shelvina: 7. THERMAL AND MOISTURE PROTECTION A. Foundation: Hydrocide or other approved material waterproofing applied to exterior concrete walls below grade. B. Buildina Insulation: 2" extruded polysterene perimeter foundation insulation Exterior walls; 6" R-19 Friction fit batts. House to garage wall; 3)12" Kraft-faced stapled in place. Basement walls; minimum R-10. Flat lid; 12" blown-in Rockwool R-38. Baffles; placed in every other truss. C. Shinales: 235# Certainteed Sealdon 25 asphalt shingles or approved equal. 14 . E. Shutters: Embossed wood grain louvered style location, as indicated on plans. F. Gutters and Downspouts: Seamless aluminum. 8. DOORS AND WINDOWS A. Exterior Doors: Front door shall be a fiberglass insulated door with % glass - smooth, with accessible thresholds. Garage door to house - flush steel insulated door - smooth. Overhead door - 9'xT and 16"xT steel flat panel with a 1/3 HP operator and two transmitters. Patio door - with accessible thresholds. B. Wood Doors: 1. All interior doors shall be 1-3/8" thick hollow core wood doors with wood frame. 2. Pre-finished doors and frames shall be pre-hung. 3. Doors shall be pre-bored, ready to receive door hardware. 4. Finish to be selected by owner. C. Windows: Vinyl double hung by KOLBE VINYL WINDOWS or an approved equivalent as indicated on the plans. with insulated glass and screens. D. Finish Hardware: 1. Entrance, privacy and privacy locks are SCHLAGE-GEORGIAN SERIES or an approved equivalent. Deadbolts at all entry doors. 2. All door levers are to be ADA compliant. 3. Provide TRUTH HARDWARE ADA casement cranks or approved equivalent on all operable windows. 9. FINISHES A. Gvpsum Wall Board: Ceilings - 5/8" sheetrock with three coats paint and a Knockdown texture. walls - y.n sheetrock with three coats tape and orange peel texture. Garage - one coat tape. B. Paint and Stain: Interior walls. including interior garage walls, are to be primed and finish coated. Interior window jambs, etc., are to be stained. sealed, and varnished. Entry doors are enamel coated. 15 ,. C. Floor Coverino: 1. Carpet CK043 CK043 Spun 100% polyester 5.0x4.8 Cut pile Mohawk approved polyester 1/8 C .440 8.83 39.50 oz. 71.00 oz. 3232 Beck Woven polypropylene Woven polypropylene MEA # 45694 Type: I Class: 1 Type: II Class: 1 Texture: F Performance Appearance Retention (PAR) Rating: 3.50 Indoor Air Quality #: 13427678 Flammability: Pill Test - 16CFR-1 630.4 (FF-1 -70): Pass Style: Pile Yarn Content: Yarn Twists per Inch: Fabric Type: Fiber Treatment: Gauge: Pile Height: Stitches per Inch: Finished Pile Weight: Total Weight: Density: Dye Method: Primary Backing: Secondary Backing: FHA Information: a. MOHAWK INDUSTRIES, INC. b. Approved equal. 2. Sheet Vinyl Flooring: a. Colors and patterns: as selected by Owner from manufacturer's standards. b. Sheet vinyl flooring shall be residential grade with 0.060. minimum . thickness. c. Pattern and color shall extend through full thickness, complying with FS L-F-475, Type II. d. Manufacturers: Armstrong, Congoleum, Tarkett, or approved equal. 3. Adhesives (Cements); Waterproof, stabilized type as recommended by flooring manufacturer to suit material and substrate conditions. 4. Leveling Compound: Latex type as recommended by flooring manufacturer. 16 , 10. SPECIALTIES A. Toilet And Bath Accessories 1. Grab bars: Vinyl, ADA compliant grab bars by HEWI or approved equivalent. Grab bars shall be screw mounted into wood studs or blocking, and mounted 33"-36" from center line to finished floor. Provide grab bars at toilets, shower and tub/shower. 2. Toilet paper holder: Vinyl, by HEWI or approved equivalent. Surface mount with screws on adjacent vanity base cabinet or wall mount. 3. Mirror: Provide 36" x 48" mirrors at bathroom vanities. Install chrome-plated channel to support mirror along top and bottom edges. 4. Recessed medicine cabinet: mount no higher than 48" from base of cabinet floor. 5. Hand shower holder bar: Vinyl, by HEWI or approved equivalent. 6. Provide scald protection panel at vanities. 11. EQUIPMENT A. Appliances: 1. Wall Oven: Side-open wall oven by FRIGIDAIRE MODEL GLEB27S7CB or approved equivalent. 2. Cooktop: 30" electric cooktop with glass ceramic surface and controls located at front of unit. a. GE b. AmanalMaytag c. Frigidaire d. Whirlpool e. Approved Equivalent 2. Range Hood: 30" ventilating type hood for mounting below wall cabinets, with 2-speed fan, permanent washable filter, built-in lighting, baked-on enamel finish, rated at 160 cfm, minimum. a. GE b. AmanalMaytag c. Frigidaire d. Whirlpool e. Approved equivalent 3. "Refrigerator/Freezer: Free-standing, side-by-side two door unit; automatic (self) defrosting freezer, separate refrigerator and freezer temperature controls; storage features including adjustable slide-out shelves, door shelves and in-door water and ice dispenser. Minimum capacity values, measured according to ANSI B 38.1 and certified by AHAM, for refrigerator volume is 18 cubic feet, with 25.0 square feet of total shelf area. 17 a. GE b. Amana/Maytag c. Frigidaire d. Whirlpool e. Approved equivalent 4. 'Dishwasher: Standard size built-in five-cycle dishwasher with a pots and pans cycle and temperature boost. Door shall be easy to open with no levers. a. GE b. Amana/Maytag c. Frigidaire d. Whirlpool e. Approved equivalent , Shall have highest Efficiency Rating provided by the manufacturer and must be approved by tlie Owner. 12. NO WORK 13. NO WORK 14. NO WORK 15. PLUMBING A. Fixtures: Tub/shower: Fiberglass (white) with ADA compliant grab bar, waste and overflow drain. Ceramic tile roll-in shower with recessed floor or approved curbless fiberglass unit (white Shower heads: Hand-held with adjustable holder bar and 60' hose Bath/shower faucet: pressure balanced with scald protection, ADA compliant valve lever, separate temperature control lever. Master bath toilet: (white) ADA compliant with stool seats (white). Bath 2 toilet: (white) with stool seats (white). Lavs: (white) ADA compliant Lav faucets: Single-lever valve Kitchen sink: Stainless steel, two basins with waste and overflow drain. Kitchen faucet: Single-lever valve with integral hand-held sprayer. 'Water heater Relief valve 2 exterior hose bibs B. HVAC 'Fumace - gas tired forced air. 'Air Conditioner - condenser with evaporator "A" coil, complete with refrigeration lines plenum adapter, condensate drain, controls, metalbestos chimney, vent 18 pipe, combustion/ventilation air duct, gas piping, all supply air and return air distribution systems. Shall have the highest Efficiency Rating provided by the manufacturer and must be approved by the owner. 16. ELECTRICAL . A. Electrical Service: Install a 100 AMP service of the breaker type entrance. Electrical panel shall be mounted no higher than 54" above the floor. All switches shall be the 15 AMP easy-touch rocker type mounted 42" above floor. All plugs shall be ground type mounted 24" above floor. All plates for switches and plugs. All wiring to be grounded in Romex. Chime and signal light wiring for two doors. 6 Pre-wires for telephones; 6 Pre-wires for television plugs. 4 Smoke detectors . 6 Recessed kitchen can lights. 4 Ceiling fans with lights 7 Surface mounted lights 2 Weatherproof exterior plugs 3 Exterior recessed can lights 1 Exterior double spot light 2 Bath fan/lights 2 Bath shower lights 2 Bath vanity lights Fluorescentunder-cabinet lights 4 Fluorescent closet lights 12 Porcelain fixtures Garage door opener Laundry to have 11 Ov washer and 220v dryer plugs. Install wiring for gas furnace. Install wiring for electric air conditioning. Hook up all electrical appliances - dishwasher, adjustable sink unit, cooktop, and ovens. Install a 30" vented hood. Install wiring for future call buttons in bedrooms, 2 keyless entry locks, 4 electric window operators, and hydraulic entry door openers. hisasst\940-938longfellow...spec.doc 19 - "" y ./ '\ EXHIBIT "B" - SITE PLAN M ~ \ LOT 12, LONGFELLOW MANOR CONDOMINIUMS .. ~~ \ 13 IOWA CITY, IOWA rY1 ~~ - Z ll... :::::::::Ii 9 \ ~ @ ~- R-60 00' LAND PLANNERS 1.-34:69' S64'2T41.E 142.50' NORTH LAND SURVEYORS T-17.65' LANDSCAPE ARCHITECTS <:-34.21' ENVIRONMENTAL SPECIAlJSTS CB-N22'll6'09.E LEGAL DESCRIPTION 1917 S. GIL6ERT ST. 12 / LOT 12, LONGFELLOW MANOR, IOWA CITY, IOWA, ACCORDING IOWACrTY(3'11C1'N9)35A1~~2 TO THE PLAT THEREOF RECORDED IN PLAT BOOK 35, PAGE ~ 274, PLAT RECORDS OF JOHNSON COUNTY, IOWA, SUBJECT VlrWW.mmsconsultants.net TO EASEMENTS AND RESTRICTIONS Of RECORD. 5761 CST. SW SUITE 0 b-10'24'26. CEDAR RAPIDS, IOWA 52404 1 R-327.53' (319) 841-5188 I L-59.5O' 1-29.83" <:-59.41' Dote 1- CB-N09'3T24"E I ~ 1. All DIMENSIONS fROM BUilDING TO PROPERTY UNE ARE PERPENDICULAR TO SAID PROPERTY LINE. 2. RECORD or CONSTRUCTION AS OF EXHIBIT "B" 06/16/06. 3. REFERENCE EXHIBIT "c" BUILDING SITE PLAN PLANS FOR BUILDING DIMENSIONS. rO- ~ _ INDICATES LONGFELLOW PLACE AND \ ~V' LONGFELLOW COURT STREET ADDRESS LOT 12 LONGFEllOWMANOR \ ~ ~\~~ AND UNIT NUMBER CONDOMINIUMS \ J:"0VV ,('--\, ~ ,~.. - , - _ -, -~...... -, JIOOWHANSCOllYN COUNlY r>." .... '" ....""I_.~__I....odulJr....- ~ V ....... the ,-""I lheStot. oflowo. IOWA \ V \~~ 11 11a~~v-.J ",DG MMSCONSULTANTS, INC. \ y.s .E. _loo:...... 7059 0(, ""... 6 "'" dotol Is Oecembo< 11,20__ . 6-9-0 A \ Dc$lq"It;d bj' Field Boot:. No, S . eMS ~ \ _..._'<-~-~".- !;t ~' ~ j I Oc~ bj, s.a'.."_. i I <E- I c9 RLS 1 -20 14 \ Ole:cked bi' ~et No, ~ / SEAl eMS 1 E \ PrOject 1'40, g / Ie 3223-073 of, 1 ~ .~ ~ <Ll' o~ 'E~ <Ll~ tf.l- ~ J~ DO ';3 ~ . I I I , " I -~~-~--- ~ ~. , 938 I , I II -____ 12"o.H. ~u ~==:: ::=::::: ::::::::: ::::::::: :::::: :::b:::::::::: ::::: ::::: ::~ ~::::::: ::tJ~=:::::::: :::: ::: --:~;;~; ::::: :f---- -- - ~- - - ~ ~ f1'\ WEST ELEVATION C,,,,,,," '"' -. \..L.I 1/8'.,.-0' t'T\ NORTH ELEVATION : g i 5HNCUPATllllNCEM[N'IBOOlIIOllllHfIlOKTGo\!IlE'; \....LII/S. -1-0 L ~ <.'> '" romll BClNllITf!lI 0 MIIXlWS DOOlIS '" rolHEIlS I --nn--1mlII'111i({'llfOfSlJll')u 6/S L.:. Z IIwlIlIl1D.POllCHPOSTSI/fW'PfD'W/CDltll1l1QlllD ~::::::::::::::i i ~~ THESE BUILDING PLANS HAVE BEEN REVISED TO DEPICT ,,,"""""""""""""''''''''''''''''''',,\ ::::; ~ ~ RECORD-OF -CONSTRUCTION FOR PURPOSES OF SATISfYING · ~ CHAPTER 499B, HORIZONTAL PROPERTY ACT (CONDOMINIUMS) OF THE CODE OF IOWA. ~ ~~:'Jf=~wu. ~ ~,,"1 C ~ ~'I.TSlI<<US ~ 1 "OSlIlIOOI"5Illi 0 TRUSSE5'Z~.O.c, G R-M1llD1NlNSUl.All(Jll l;'l:::: ~~~f~ C IWllcurtElt4ltwSPOllTS ~ ll!lI.-4'11!!ltSlllNG. : ::::=ij ~ CEllEllTEKWlI$Itllt04l1Ml ~----- ' i!It: ~ ~.itb,< b,,~~~~;;;;;;;;::::i;;;;;""""""""""'~""""""""" i ~ W~?~ i ~~ ,... ,... _OS '. ' ,: 14'\ SOUTH ELEVATION ::l c ! ii !1~cr.::':Ml~ Ii \.J.../l/S"=l'-Q' t\)..... C:::::J:C::::::::::::::::::::::::::::::::::::::'[:::::::::::::::::(~ ;:: c ..., , .'-' lllUl/IlJmlSll.I'lA~ l/Z' , NOlOR lllln.IJ6' IJ.C. ." Z'EXTIl/llElJPO..l'SI"HI€ /.S,12 ro:JlIDl,TIONl'lSUlRDl __ 4'~FlOOIIU ~ 7.5:12 ~.OOWP.lCT8lClWlUl.lRl'IU. 8:12/. fTl / ',612 "," ,.... ..... . )( <.~""""""... '" '" \l~ :x: HllAIZRElMRCCImllOOUS 1, - n=M:MIN6'Q.c. 75:121 -"'-,' _ 11:12 OJ 1~12 - ,- - ~.'AlI5~1lLE '- ~ 1G".tI'lXlICIlE1EFTIl B:t2 Z]'4ClJ'f11I1J01J5IE1W1 l.f(ISTURlIEllENnH ~=~ ~ f5'\ TYPICAL WALL SECTION \..L.I I", ". J"""""J__9_~~___t,""c",jc"""""""c"",,,,~ \..L.I 1/2 . 1-0 I I INDICATES LONGFELLOW PLACE OR fT\ EAST ELEVATION LONGFELLOW COURT STREET ADDRESS \..L.I Ii", I -0' . · AND UNIT NUMBER I ~ r":5ftl",-"""":m._tHl!""'nr':<~""o,,II<<lJIII[~I~J>7:!,,t'-:'c;;:"'L...:.u;""..~,"""I,taxOllCf- ~~~",,"'rl"'[IO"'I:""""",=-[Jg(tlIo""..~III("'. """"lIIICIOIf'!lIlIno;!['i"-"1::_~.,!1."".,:"~II1>WIII<[~,Cf'lDISTOUCIKII~I=OII~S1...!U.tl'(Tnaf_res- i'- i I I 101' or lI'IU- 11'-~- I . -. TOPor, _1(_4- (,j~ .- -- I ,--- ..s~ IU~S <:.J~ .;;:- ...~ <UN ""~ ~a ~~ Eg <:::l. ~ ~~ ,,~ f5 ~~ SLAB ON GRADE ~'_l . 5~ ,- 100(K\l.)tIae'-a" _N "".... , 938 ~~ ~ ~ , .0'-" a i!i ~ . ~ , _I" - l1'IEt'VoB ~ '" ~~ SLAB ON GRADE "'!;a 10Por~o'.o' ~ ~' I 940 I lOPOFMl_O"_C' ~'-' ~ ,., !l~ ~;;:; h !;a ",' ~ a',~8" COlCRrn ....ll ... , - T~nr!~t~ ~ ,--- if. ICAI..S"O,C. . I8"ra"COHCRUEfTC .'" . - ~&.I~I~~l~~ I I ,.-- ,--- SlIP 00IlH nc. ~~ ~[ElIEO .,! Hlr~. P05l ....- , .11'-4 .11'-.- lOPOFI.f.llCl:.-O'- , .,- . - "''' "' ."'"' i .~... .um I 4t Ii fT'\ FOUNDATION PLAN 10'- . - 1~'-11 . i \,V J/\6" .. 1'-0" - 4t N I I w~e I I I IINOICATES LONGFELLOW PLACE OR I I LONGFELLOW COURT STREET ADDRESS AND UNIT NUMBER s f2\ DETI'JL 2/2 I I \.Y J/IS".. 1'-0" I fl.OOI!lt!E(IOPIYSLOIl) I to-- --- -- .i I I I~ " I I i I I i . t3 ! ..... .Ei QJ~S' <.>;; .:;:- , , ,'_t' .... 1 <l)N t 1\ "'~ 1''''- ,(.[0.1' It~... .~ . , gp~ ,.JI,. .q. ~ LIVING' 11 ~ Ii i ~':) ~ If./'O.tlDII ~g ~~ ~ "S'" .' I ~ -$ PATIO Cl. ClO. F ftJW i~ c ~~ ....u I~. d BEDRM 'r\BEDRM . "'~ r:r~DOOIl w~ = . coo THREE 30 0 TWO " , . "p N . ...e - 1 oJ fO < d i -~ ~ ~ 'd1JJ-' _~""-"",_______J;,,,. . I~l:=::<~. I . . . N :S~ H ',' ~ SlDPt i. j..?, V C (c) 150 rc>h ~1.:J~~1fI( L ~ . -rmn. 'Id' ',,' " ',S""" 0"~ "I Ml'ITf'l> . fD. r ~". v ii1 II9l I 0A'l' .~ MASTER P~llJ DOOIl, ~I <<')) J~ - l> , GARAGE ~ KIT -_ BEDRM ri ..",l "' "" :Cf' ".' ,., .,. 'i. ,', , ' ~ ",1JW .. \ . I 18O'fTl.llIOMl ~ . . " ('I ~~ 4" "Nit I ' , I I'" . ~~'~, c DINI 60"_ 0 \ . v 0' I..-llit NCS1[P Na!;lEP f.i! ROOM [,/],1"""'" ',- I ~. :::- '1JI~' '1~ C ~ ~ ~.:~ ~.. I ,~, ";;'~ 'Y,. ..0; e .J<- I " ,... "" !I~ "H I- ~ .- I'" " ~... ~ ~O'i . ,." ')".''1:' ',' MASTER ~ .' 0 ,"..... ( , ~ ~ ~ . I I " "m" , ,:...,~ . oj , . ..sa ".. 2 ;-li:OltLh~&:IllOP~lIJDOOIl ',' "',,oJ' ,. h'C,,:1! . . m KIT'rr=-I DINING ... ~ ~. -rmn:- ""., I~~~~~ b ,~1 -1' r;l~' NOSll:P . ~.. ,,,,\II ' ,. , . '" ROOM " 40 3D 30y V - Y M~ v" COVERED ~<3 I o~ CQ(IR\'ltO\1ESl1f~;f0 1i.EJ 50 (S.) c ~ ( CD PORCH ~I , t. I: ~~.~I~I ~r-- ___."""",,__L ~ ' ~ ~~ . 6: ~ DECK ~~Iu ~ J- . ""sa c[N1[~ V111tt AT ",' ,'. BEDRM~ "BEDRM ~ 1'-;1 ~LI'VING !llC!I1DOO11Vl/ ~ ,. "," ~., .. c t.2'W11lKM '.. 1',z'1JKI01l '~. A lli\' THREE "'! I. ROOM "" . . "'e4J . 5'~ I ~,';I .1'1 ~ ~ '" '---; I-p"'J!I'<& I !I',OII ~I, = ,. i ~ I 11'~ . . . ~,~,. 14'~..J' I ~ lellOD.H.~ ..~' I 1---0- ! ir i'_ln!' I , ~T~' 19'-111' , ~ i " I .. ; , I I INDICATES LONGFELLOW PLACE OR 11\ MAIN LEVEL FLOOR PLAN LONGFELLOW COURT STREET ADDRESS I ~ '~ I l'k I';KI,~ ij ~ \..V J{16 . 1'-0 AND UNIT NUMBER ~ 'tsJd'Vl :' 8' WALLS TYPICAL N 1,242 S.F. .' g W.E j .' "' CE~iR.\.L HOTES' LEGEND GAR. 1,242 S.F. SP,lC[ '* '1 '~ ~.w, , [l[ClR~ OUIlrnl0IlEP\JIClO~T24'ilICM ROO!. @\'IN'I'l-flOORt<<; ~' m:. = ElEClRfCllWIl1C1t:5I: nrc.PNt:l10 8EPl,\(,'[O.1'/<tllM;1l00ll. ~. '= , If.ll.w.0R,t6I11l1lS{lIlTIlIW:klNO),oJ1UII/5HOlI(RI:10lEl5, <D- . ,I- 16lNJ..lVI/.lE010lflS. Jd.,< InltElOlliEll1'll/.lC:OOOlIJ:llOOSEjGIIIllI(l[DOlIlfOl1/o1JlO-Of(I,U NSlAlL~IIOHRNSOI n.ooIl~llNllllf1'. NSlIU ftOOlDAAlN. S I~ " ""'" KI TCHEN LrVATIO S ~. '~.M"'miM':m"""'~'Z'J:I==~'lrn:~.r~"U€~1I'n~~f::l::~.,..!O:INflfl"~~3'1~tl~lfooL~=r..~'1o.~~t~.wti'=b"".~~T"=::"~,fo'=-~~Dl:;"'~,:~~~~..=.-..........urOlOP.IIU"""'l(_,"", i' -. . . c.J. _ _.s~ Q.)~.. c.J:; 'S: - .... VI VI ClJ~ w w ~~ ~ ~ ~ VI ~ 0::: Ei w c::: 9 I- I- ~ ~~ L....... u... C:::. .........., ~ WEST UNIT ~ JS ~ ROOF ... ~ <1.>" ::l~ "'" ..., ~" I' ~~ ~ ~~ - . ~ 2,6 RAKE WRAPPED WI ALUM." ~ ~ WEST,.'.f ~ 12" CEMENT FRIEZE 80ARD~ "~WEST ~ I DWELLING 00; ~; DWELLING ~ UNIT .0" 0 0 UNIT '" ,F'- '" WEST UNIT '" ~ I DECK ~ I ~~ I I' I' . \d .- " '" ~ I I' 4J" J'" ~ >.: a:: :t. 4" 4~- ~ ~ 8 ~~ ~ ~ ~ -' u... ". I c; ;:"'( < . ~- I . ~ ~ :0:' ,.'.~<X EAST' -'-,.'.00 " '" S< o ~ '0 8 '0, ..;, DWELLING '. ;;, EAST '", ;: I .u c:' "UNIT ';0 DWELLING '.. ~ I '" '", UNIT ::'; EAST UNIT ~ I'';' ''tl " " .:' PATIO !il . ' I I 'L:...:J ,. :. '. il.'l ~ . , .. rT\ SECTION A-A "E'~ I \.V JW-'''' ~ I , ~~~ ~ \..V 3/8 . 1 -0. r3\ SECTION C-C \..i.I J/S".l-Q" .i I~ s U"f1Cll~ca::.III1Io_UOUItm.'~~~lIlOlOllt>lDO....'t:!Ju...-.,-~~""",,"ow:"..'.._a- ~"-rftJ__"'''''<II.:'PIlll'IIQrr'~_QII'f'"'''''lIIOiom(l)OS1J1JC.'1ooral!lft:'''''''(Jl_~''''.,'":...''I:'''''IO''~IS'I<l,:",,:r:'~~~<11 no:Puo:::>MllI....ocoaH5l__ i EXHIBIT "D" BYLAWS OF LOT 12, LONGFELLOW MANOR CONDOMINIUMS OWNER'S ASSOCIATION These are the Bylaws of the Council of Co-Owners for The Lot 12, Longfellow Manor Condominiums Owner's Association, an Association organized for the purpose of administering Lot 12, Longfellow Manor Condominiums, a horizontal property regime (condominiums) established pursuant to Chapter 499B of the 2005 Code of Iowa, as amended, located on the following land in the City of Iowa City, Johnson County, Iowa: Lot 12, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Records of Johnson County, Iowa. I. MEMBERS AND VOTING RIGHTS I. The owners of each condominium unit shall constitute the members of the Association and membership shall automatically cease upon termination of all interests which constitute a person an owner. Whenever only one spouse is a record titleholder, the other spouse shall be considered an owner for the purposes of membership, and shall be bound by the provisions of all condominium documents. 2. An owner of record shall be recognized as a member without further action for so long as he holds an ownership interest. If ownership is acquired but not of record, or if acquired other than by way of conveyance, or other formal instrument of transfer (such as by death, judicial act or dissolution), the person acquiring or succeeding to ownership shall present the Council of Co-Owners of the Association evidence satisfactory to it of facts evidencing lawful ownership status prior to exercise of any rights of membership in the Association. (Failure to provide such evidence shall not, however, relieve an owner of his ownership obligations). A fiduciary or other official acting in the representative capacity shall exercise all membership rights and privileges of the owner which he represents. 3. If more than one person is the owner of the same unit, all such owners shall be members and remain jointly and severally liable for all membership obligations. In such cases, or if more than one fiduciary or other official is acting in the premises, the votes entitled to be cast by the owners of that unit shall be cast by the person named for that purpose on a certificate signed by all such owners or fiduciaries or other officials and filed with the Council of Co-Owners and such person shall be deemed to hold an ownership interest to such for purposes of voting and determining the representation of such ownership interest at any meeting or for purposes otherwise provided herein. If such certificate is not executed and filed with the Council of Co-Owners, such membership shall not be in good standing and the votes for that unit shall not be considered in considering a quorum or a vote or for any other purposes until this Bylaw is complied with. 4. The owner of each unit shall be entitled to one (I) vote on all matters to be determined by the members of the Association either as owners or as units or as contemplated by Chapter 499B of the 2005 Code of Iowa, as amended, pursuant to the Declaration, including any supplements or amendments thereto, submitting the property to the regime. Votes ofa single unit may not be divided. II. COUNCIL OF CO-OWNERS I. The affairs of the Association shall be managed by the Council of Co-Owners (Council). The Council shall consist of all members of the Association. An officer or designated agent ofa. partnership or corporate member shall qualifY to serve on the Council. III. POWERS AND DUTIES OF THE COUNCIL OF CO-OWNERS All of the powers and duties of the Association shall be exercised by the Council, including those existing under the common law and statutes, and the documents establishing the Condominium Regime. Such powers and duties of the Council shall be exercised in accordance with the provisions of the Declaration of Condominiums which governs the use of the land, and in addition to those elsewhere provided, shall include but not be limited to the following: I. The enforcement by legal means of the provisions of the Horizontal Property Regime, the Articles and Bylaws of the Association, Declaration, and the regulations for the use of the property in the Regime; and to take legal action in the name of the Association and on behalf ofits members. 2. To carry insurance on the property committed to the Regime and insurance for the protection of unit owners, and occupants and the Association, if authorized by the members. 3. To conduct all votes or determinations ofthe members other than at a membership meeting. 4. To do such other acts as are necessary and proper to affect the purpose of the Regime as stated in the Declaration and these Bylaws provided such acts are not otherwise prohibited. IV. OFFICERS 1. The officers of the Association shall be the President, a Vice President, and a Treasurer-Secretary which offices may be filled by one person. All such officers shall be elected annually by the Council from the members of the Association. Each officer shall have the powers and duties usually vested in such office, and such authority as is committed to the office by the Bylaws or by specific grant from the Council, but subject at all times to the provisions of the Bylaws and to the control of the Council. 2. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Council and shall have power to appoint committees from among the members to assist in the conduct of the affairs of the Association and the Regime. 3. The Vice President shall preside over the Council meetings in the absence or disability of the President, and shall otherwise exercise the powers and duties of the President in the event of the absence or disability of the President and shall generally assist the President and exercise such other powers and duties as are prescribed by the Council. 4. The Secretary and Treasurer, which shall constitute one office, shall keep the minutes of all proceedings of Council meetings and shall have custody and control of the Minute Book of the Association and shall keep or be in charge and control of the records of the Association and additionally as Treasurer have control of the funds and other property of the Association and shall keep the financial books and records thereof. 5. Any instrument affecting an interest in real property may be executed by the president or Vice President and one other officer upon authorization of the Council or in such manner as the Council may otherwise direct. V. AMENDMENT l. These Bylaws may be amended, altered, repealed or new Bylaws adopted by the members at a regular or special meeting of the members upon the affirmative vote of 100% of all votes entitled to be cast; provided, however, no amendment effecting a substantial change in these Bylaws shall affect the rights of the holder of any mortgage recorded prior to recordation of such amendment who does not join in the execution thereof and who does not approve said amendment in writing. 2. To the extent provided by Section 499B.14 of the 2005 Code oflowa, as amended, no modification nor amendment to these Bylaws shall be effective unless set forth in an amendment to the Declaration of Condominium. executed and recorded in the manner set forth in the Declaration and an amendment to these Bylaws shall constitute an amendment to the Declaration as provided for by law. Upon such recording, said amendment shall be effective against all persons having an interest in a unit or the Regime regardless of whether said person had such interest at the time said amendment was adopted. VI. MISCELLANEOUS PROVISIONS I. The invalidity of any portion of these Bylaws shall not affect the validity of the remaining provisions or portions hereof. 2. The Association shall not have and employ a corporate seal. 3. The Association shall promulgate such Rules and Regulations as it deems to be in the best interests of all owners within the Regime. 4. Each member shall have the obligations as such member as are imposed on him by the regime documents as an owner, and no member shall have any power or authority to incur a mechanic's lien or other lien effective against the regime property except as the same may attach only against his interest therein. 5. The Council may, in its discretion, issue written evidence of membership, but the same shall be evidence thereof only and in no manner shall be transferable or negotiable, and the share ofthe member in the assets of the Association cannot be assigned, hypothecated, or transferred in any manner except as appurtenant to such assignment, hypothecation or transfer of the unit. 6. No provision or restriction otherwise void by reason of application of the Rule Against Perpetuities shall continue for a period longer than the life of the last to survive of the owners or present officers of the Declarant, and their children in being, at the time of the initial recording of the Declaration of Condominium and twenty-one years thereafter. 7. Each owner or lessee of his unit, as applicable, shall have a right to use and enjoy the limited common elements appurtenant to such unit provided that such use shall be limited to the uses permitted by the Declaration of Condominium and other governing documents of the Regime. VII. MEMBERS' MEETINGS I. Meetings ofthe members of the Association may be called for any purpose by a unit owner. 2. Written or printed notice stating the place, day and hour of the meeting and the purpose for which said meeting is called, shall be delivered not less than 5 or more than 60 days before the date of the meeting, either personally or by mail, by or at the direction of any officer or any unit owner. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, addressed to the member at his or her last known address. This notice requirement may be waived, in writing, by a unit owner representing each unit. 3. A quorum at a members' meeting shall consist of a representative, either in person or by proxy, representing each unit. VIII. DEFINITIONS Unless the context otherwise requires, the terms used herein shall have the meanings stated in the Horizontal Property Act, and as follows: 1. Person. The term "person" shall include an individual, a corporation, or other legal entity or its representative. 2. Owner. The term "owner" for purposes of these Bylaws shall mean any person who owns or holds for himself an interest in one or more units subject to the Regime provided that the holder of a leasehold interest in a unit shall not be an owner and further provided that the holder of an equitable interest shalt be an owner. 3. Singular, plural and gender. Whenever the context so permits or requires the use of the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. MitehID/938 & 940 Longfellow/Condo Dee Draft Prepared by: Christopher M. Stephan MMS Consultants, Inc. 1917 S. Gilbert Street Iowa City, Iowa 52240 319-351-8282 319-351-8476 facsimile After recording return to: Mitch Behr City oflowa City 410 East Washington Street Iowa City, Iowa 52240 319-356-5030 319-356-5008 facsimile EXHIBIT "E" ENGINEER'S CERTIFICATE Lot 12, Longfellow Manor Condominiums STATE OF IOWA ) ) ss: JOHNSON COUNTY ) I, Christopher M. Stephan, being first duly sworn on oath do depose and state the following: 1. That I am a Professional Engineer authorized and licensed to practice my profession in the State ofIowa. 2. That I have examined the building plans labeled as Exhibit "C", Lot 12, Longfellow Manor Condominiums, Units 938 and 940 (938 Longfellow Place and 940 Longfellow Court, respectively). This certificate is to become Exhibit "E" to the Declaration of Submission of Property to Horizontal Property Regime for Lot 12, Longfellow Manor Condominiums (the Declaration). 3. That I hereby certify that said Building Plans diagrammatically represent, insofar as is reasonably possible to determine by use of nondestructive measurement techniques, Units 938 and 940 (938 Longfellow Place and 940 Longfellow Court, respectively), in Lot 12, Longfellow Manor Condominiums, and the common elements that the Declarant has constructed on the real estate described in the Declaration., except for the following: NONE Page 1 of2 T:\3200\3223073\3223073g1- V.rtf 4. That I am affiliated with MMS Consultants, Inc., the professional engineering consultant which prepared the attached Site Plan - Exhibit "BOO locating Lot 12 Longfellow Manor Condominiums, Units 938 and 940 (938 Longfellow Place and 940 Longfellow Court, respectively). That as a licensed Professional Engineer, I hereby certify that said Site Plan is sufficient to determine with reasonable certainty the location of Lot 12 Longfellow Manor Condominiums, Units 938 and 940 (938 Longfellow Place and 940 Longfellow Court, respectively), and hereby certify that the Building and Units, as constructed, is located as . . ted on said Site Plan. Cisher.S Iowa,L cense Number 7059 My biennial license renewal date is December 31, 2006. Subscribed and sworn to before me by said Christopher M. Stephan this _I lo -lb. day of -:s W\L , 2006. @ TRACY BARR . ~ Commillllan Number 719295 . . My Ccn.dllllan Es*W February 23, ..ct1- Notary Public in an \ r the State ofIowa. Page 20f2 T:13200\322307313223073g1- V.rtf Mlq () I ;6~@lj Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa Ctty, IA 52240 (319)356-5246 RESOLUTION NO. 06-707 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED AT 850 PAGE STREET, IOWA CITY, IOWA. WHEREAS, on July 16, 2001, the owners executed two Mortgages with the City of Iowa City; and WHEREAS, on June 26, 2002, the owners executed a third Mortgage with the City of Iowa City; and WHEREAS, on November 28, 2005, the owner executed a fourth Mortgage with the City of Iowa City; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 850 Page Street, Iowa City, Iowa from two Mortgages, recorded July 24, 2001, Book 3098, Page 459 through Page 465, and Book 3095, Page 466 through Page 470; and a Mortgage, recorded June 26,2002, Book 3323, Page 130 through Page 134; and a Mortgage, recorded December 2, 2005, Book 3968, Page 932 through Page 937 of the Johnson County Recorder's Office. Passed and approved this 27th day of June ,2006 . gw.a~ A TTEST:))I"N. AU) .j':' :J<CVlA..) ~ERK Approved by ~~ (, ~('S-ob City Attorney's Office It was moved by r.nRmpi on and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x X v x x X Railev Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Pamela E. Noel and Ellaine Taggart alkla Ellaine Noel Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 850 Page Street, Iowa City, Iowa, and legally described as follows: Beginning at the southeast corner of Lot 2, Block 4, of Page's Addition, Iowa City, Iowa, in accordance with the recorded plat thereof, and which point is also the intersection of the westerly right-of-way line of platted Lucas Street and the northerly right-of-way line of Page Street; thence NOO' 08'13"W, along the westerly right-of-way line of said platted Lucas Street, 83.46 feet to a point which is 50.00 feet normally distant southwesterly of the centerline of the main trackage of Chicago, Rock Island, and Pacific Railroad Company; Thence continuing NO' 08'13"W, 9.51 feet to a point that is 12.00 feet radially distant Southwesterly of the centerline of the Southwestern most sidetrack; Thence Southeasterly 61.65 feet on a 1,066.47 foot radius curve, concave Southwesterly, whose 61.64 foot chord bears S76' 53'41 "E, to a point that is 12.00 feet radially distant Southwesterly of said Southwestern most sidetrack centerline; Thence SO' 08'13"E, 13.20 feet, to a point which is 50.00 feet normally distant Southwesterly of said main trackage centerline, and which point is on the easterly right-of-way line of said platted Lucas Street; thence SOO' 08'13"E, along said right-of-way line, 67.09 feet, to its intersection with the projected northerly right-of-way line of Page Street; thence N88' 45'18"W, along said projected northerly right-of-way line 60.22 feet to the point of beginning. from an obligation of the owners, Pamela E. Noel and Ellaine Taggart a/kla Ellaine Noel, to the City of Iowa City represented by two Mortgages, recorded July 24, 2001, Book 3098, Page 459 through Page 465, and Book 3095, Page 466 through Page 470; and a Mortgage, recorded June 26, 2002, Book 3323, Page 130 through Page 134; and a Mortgage, recorded December 2, 2005, Book 3968, Page 932 through Page 937 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior reco~menl. .L \J ^ MAYOR ATTEST:I)~i<-d~) K. '~J CITY :ERK Approved py. ' ~l\ . ~~ City Attorney's Office G,-,{o.Ob 5TATEOFIOWA ) ) 55: JOHNSON COUNTY ) On this ,)1 ~ day of 0"" "A>!' , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilbum and Marian K. Kerr, to me personally known, who being by me duly swom, did say that they are the Mayor and City Clerl<, respectively, of said municipal corporation executing the w~hin and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.~, adopted by the City Council on the ~day -::r~~ , 20~ and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. t 50NDRAE FORT o f. Commission Number 159791 . . My Commission ExpIres - -0 .C 'AU ~ Notary Public in and for Johnson County, Iowa M4J rn;n Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-201 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 813 2nd AVENUE, IOWA CITY, IOWA. WHEREAS, on March 18, 2005, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, on September 14,2005, the owners executed another Mortgage; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 813 2nd Avenue, Iowa City, Iowa from a Mortgage, recorded April 14, 2005, Book 3863, Page 566 through Page 570, and a Mortgage, recorded September 16, 2005, Book 3940, Page 626 through Page 630 of the Johnson County Recorder's Office. Passed and approved this 27th day of June ,20~. C2~ MAYOR J,Ot.-- - ATTEST: )71%t'~"') 1(. *?~ CITY LERK ~:~.~ by ~ Co ~(c:; -0(, City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Bailev the AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s):Richard L. Havel and Sandra K. Havel Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 813 2nd Avenue, Iowa City, Iowa, and legally described as follows: The South 60 feet of Lot Three (3) in Block Sixteen (16) in East Iowa City, Johnson County, Iowa, according to the record plat thereof, and subject to the easements and restrictions of record. This deed is given in full compliance with the terms of a certain real estate contract dated April 24, 1967 and filed for record on April 25, 1967 in Book 300, Page 156, Records of Johnson County Recorder from an obligation of the owners, Richard L. Havel and Sandra K. Havel, to the City of Iowa City represented by a Mortgage, recorded April 14, 2005, Book 3863, Page 566 through Page 570, and a Mortgage, recorded September 16, 2005, Book 3940, Page 626 through Page 630 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to. the above property by reason of said prior rec~u A ~ MAYOR Appr~ by ~. ~~ b-l~-~ ATTEST: ~~ -K ~A.A.) CI . LERK City Attomey's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~'1& day of -:r....^'~ ,A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affIXed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of ~orporation by authority of its City Council, as contained in Resolution No.~, adopted by the City Council on the ~ day J u:~ " , 20 t:) I.- and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i SONDRAE FORT o Commission Number 159791 . . My Commission ExpIres _ -0 Sc....d..u. ~ Notary Public in and for Johnson County, Iowa ~.~ i .~. /'V1+^ '( I1:J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-704 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1935 EAST COURT STREET, IOWA CITY, IOWA. WHEREAS, on June 27, 2001, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1935 East Court Street, Iowa City, Iowa from a Mortgage, recorded July 13, 2001, Book 3092, Page 514 through Page 517, of the Johnson County Recorder's Office. Passed and approved this 27th day of June 02~ ( J1Q~._- MAYOR - . ~ , 20 -D..6....-. ATTEST: ~M~ -k . CI LERK Approved by ~~~,(.,~o~ City Attorney's Office It was moved by Chamoion and seconded by Resolution be adopted, and upon roll call there were: Bailev the AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x )[ )[ x x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E, Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Larissa E. Ulstad Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1935 East Court Street, Iowa City, Iowa, and legally described as follows: Lot 1, excepting the west 100 feet thereof, and the North 20 feet of Lot 2, excepting the west 100 feet thereof, all in Block 37, in East Iowa City, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owner, Larissa E. Ulstad, to the City of Iowa City represented by a Mortgage, recorded July 13, 2001, Book 3092, Page 514 through Page 517, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior rec(;:",. ,,,"mCent. ~- ) j)~ . AYOR - ATTEST: ~/~~ f!. ~.uJ CI LERK Approved by ~~~ C. -(Co ,0<:'- City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) -II.. ~ I. On this ,;)"/ -day of :J.......F' ,A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the . seal affIXed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of lllLcorporation by authority of its City Council, as contained in Resolution No.~ adopted by the City Councii on the ~ay ~ u~ , 20~ and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. t'" SONDRAE FORT o l- Commission Number 159781 . . My Commlss Exp/nlo 3- - () s....d.u FIrI'-b Notary Public in and for Johnson County, Iowa M~ ~ ~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 01\-70'i RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 2116 WESTERN ROAD, IOWA CITY, IOWA, WHEREAS, on June 11, 2001, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, on July 18, 2001, the owner executed another Mortgage; and WHEREAS, the terms of the loans have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2116 Western Road, Iowa City, .Iowa from a Mortgage, recorded June 27, 2001, Book 3082, Page 735 through Page 739, and a Mortgage, recorded July 24, 2001, Book 3098, Page 471 through Page 475, of the Johnson County Recorder's Office. Passed and approved this 27th ~~ 'rO. ! . Q(~, , - MAYOR ATTEST: )~uJ J!. ~auJ CI RK Approved by ~~ <o~('\~>- City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Bailey the AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Juan A. Casca Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 2116 Western Road, Iowa City, Iowa, and legally described as follows: Lot 10 in Block 11, in Fair Meadows Addition Fourth Unit, Iowa City, Iowa, according to the plat thereof recorded in Book 5, Page 14, Plat Records of Johnson County, IA from an obligation of the owner, Juan A. Casco, to the City of Iowa City represented by a Mortgage, recorded June 27, 2001, Book 3082, Page 735 through Page 739,and a Mortgage, recorded July 24, 2001, Book 3098, Page 471 through Page 475 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior rec~cumen(t. ~- )~ MAYOR - ATTEST: ~A.&d~ -II. ,(!~ CITY LERK Approved by ~~ "'~(~--O~ City Attomey's Office STATEOFIOWA ) ) ss: JOHNSON COUNTY ) On this do"'~ day of ,\ ",^,P ,A.D. 20 0 b ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.~ adopted by the City Council on the ~day T.....u&. , 20 C>.., and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. s.......:J.,... \=~ Notary Public in and for Johnson County, Iowa ,56 City of Iowa City \ MEMORANDUM Date: June 21, 2006 To: City Council From: Mitchel T. Behr, Assistant City Attorney J/~ Re: Disposition of former Benton Street right-of-way and Auditor's Parcel 2006081 to Professional Muffler Inc. Professional Muffler Inc., at 708 South Riverside Drive, seeks to acquire the above- referenced right-of-way located to the north of their site and consisting of approximately 4,057 square feet, as well as City owned Auditor's Parcel 2006081 located to the east of their site and consisting of 4,658 square feet. A copy of the written request from Professional Muffler is attached to this memorandum. A diagram generally depicting the location of these parcels is also attached. The diagram also depicts the location of a currently existing sanitary sewer and sanitary sewer easement within the Professional Muffler building site, as well as a possible route for relocation of the sanitary sewer. There are two outstanding issues regarding this acquisition. The first issue is the existence of the City sanitary sewer within the Professional Muffler property. An easement for this sewer was granted to the City in 1923. The current Professional Muffler building was constructed over this sewer. There is no record of release of the easement associated with the construction or subsequent additions to the existing building. This is a relatively large sewer that serves the West Campus, University Hospitals and the Melrose Avenue neighborhood. It is Staff's understanding that Professional Muffler wishes to construct a new building, on top of this easement. To protect the public's interests, Staff is recommending that the conveyance of the property sought to be acquired by Professional Muffler be made subject to the following conditions: 1. Prior to removal of the footings for the current building to be replaced by a new building on top of the sewer, Professional Muffler would have to line the sewer beneath the building. The segment of the sewer from the manhole located just northwest of the site to the manhole located just southeast of the site would need to be lined with a cured-in-place liner. This is necessary to reinforce the sewer to withstand the demolition and construction activities that are proposed over it and to reduce the likelihood that the sewer will collapse at some time in the future after the new building is complete. 2. Prior to placement of a new building on top of the sanitary sewer, which is not an ideal situation for a building or the sewer, the current sewer easement would be amended to clearly provide that the City is not responsible for damage to the building caused by its placement over a sewer. 3. The City would retain a sewer easement over portions of the property to be conveyed, for possible relocation of the sewer in the future. The current sewer location is preferable so that existing slope and capacity can be maintained. However, such an easement would allow relocation of the sewer if necessary at some time in the future. This sewer relocation may involve additional downstream improvements to maintain sewer capacity. The second issue is compensation for the property. As "trustee" of public property, the City Council must dispose of such property in good faith, upon adequate consideration, June 21,2006 Page 2 and upon reasonable and lawful terms. Generally, the principle reqUiring "adequate consideration" has been recognized to mean that a municipality must obtain fair market value for the property to be conveyed, assuming the transaction does not entail other public benefit. Determining "adequate consideration" or fair market value for parcels of public property, particularly former right-of-way property, can be difficult. The City Council considers the specific facts of each situation when determining the appropriate payment for conveyance of such property. In past conveyances, the amount of consideration has been based on the assessed value of the neighboring property. When available, the appraised value of the subject property or neighboring property can also serve as a basis for the determination of the appropriate amount of consideration. Factors such as the existence of easements which limit the buildable area of the property, the imposition of conditions which limit the use of the property, or a public benefit from the disposition, may support a lower amount of consideration. We do not have an appraisal of the property sought to be acquired by Professional Muffler. Their adjacent property is assessed at $12.58 per square foot. Staff feels that $67,058.73 is a reasonable amount of compensation for the property. This amount of compensation is based on $34,677.33 for the right-of-way, plus $42,881.40 for Auditor's Parcel 2006081, less $10,500 for the estimated cost Professional Muffler will incur to line the portions of the current sewer located outside their site. This figure is based on valuation of the portions of the property to be subject to new sanitary sewer easement at $4.40 per square foot, which is 35% of the $12.58 assessed value of the adjacent property, and $12.58 per square foot for the balance of the property. It should be noted that the City received value in the form of trail easement when the north 20 feet of this right-of-way was conveyed to Linder Tire in 1998. As you know, there is not a real estate appraiser on City Staff. If City Council has reservations about the appropriate amount of compensation, Council may request that Professional Muffler provide an appraisal of the property. Such an appraisal could assess the value of the property in light of the current real estate market conditions and the conditions to be imposed upon the disposition by the City. cc: Steve Atkins, City Manager Marian Karr, City Clerk Eleanor Dilkes, City Attorney Sarah Holecek, First Assistant City Attorney Rick Fosse, Director of Public Works Karin Franklin, Director of Planning and Community Development Noah Kemp, Professional Muffler, 708 S Riverside Drive, Iowa City, IA 52246 FROM : NOAH KEMP FAX 31 PHONE NO. 3193374069 -'Wl~-0 Jun. 19 2006 01:24PM P1 ~-i ., \\ ! 1:,-- ~ d i ,-,-')1 r-,' , ~ j 'I, < l \1',1 , ;,,1 .! 1:,~;' I JUN 1 9 2006 i' , , I" I: j! PROFESSIONAL MUFFLER, INC. 70S S. Riverside Drive Iowa City, IA 522416 June 19,1006 Mitchell Debr AsSistaDt City Attorney City of Iowa City Re: Fonner Benton Street ROWand Auditor'1I Parcel No. 2006081 Mr. Behr: The proposal to vacate and acquire eerWn property is .priced tiair enough in a normal situation. This, however, is not a Dormalsituation. I maiDtaiD that the old Benton Street was never acqnired or owned by the CityoflowaCity. In 1901, Charles Ryersoa agreed via a verbal agreement with the Jobnson CODnty Board of Supervisors that a road should be o~e.t 'and Used as a eODSent road and is now bOWD as the former West Beaton Street-So, wbat 11'81..... this NOT normal but .peeial is that the City of Iowa City never really OWDed the old Benton Street, but the City had only a CODlCIlt to use the land. If that is correct, then the land Dot aeeded by Iowa City any more should be waveyed baCk to the adjaeeut property owaers at no charge. As for tbe City property to the East of our building, I don't bave any objection and agree with your calculation and pricing at S 1%.51 per "uare foot and S4.40 per square foot for the sewer easemerat portion oftbe lot. Regarding the sewer right of way, waveyed in 19230 there is NO question in the agreement that the City oUowa City aceeptedALL fCSpODSibiJity for maintaining, repair and any damages soffered by the grantor thete!lt' I believe we aU expect that the sewer is in need of repair and might I soggest thAt we eoold aU benefit from the tornado. In 2001, we Dotiud movemeDt in our ~t wall, whieh had developed cracks, etc. We bad Wotre CODStnIetioD mudjac:k under the EastWlill. 'Utey worked aU day and wold Dot hit enough bottom to put au)' pressure em the' bottom of tbe waIL I also notieed that the City staff wiD Dot allow me to do any demolition of my building or remove the hoists until the sewer is lined, so tbey also slispect that the sewer is weak. FROM : ~OAH KEMP FAX 31 PHONE NO. 3193374069 Jun. 19 2006 01:24PM P2 Sinte the City wants to exclude responsibility af damage W :II new building, even after the sewer is lined, and I tan't purcbase iosllrance for a defective sewer, it seems best to move the sewer. This would be my remedy for the sewer problem. If the City accepts this proposal, I will Dot bold them liable for any damages up to this point. I suggest that the sewer be moved to the pew sewer right of way that WlUl proposed by City staff. This proposal may lIeem complex. bllt with this we aU get what we want. My budget does not .Bow for 5150,000.00 real estate and sewer repair wsts and still be able to buUd a state-of-the-art building. In doiog aU of thill, we would be taking what is now remlUUlt property and placing it back 00 the tax rolls. This would aUow me to tomply with City todes and rebuDd without overextending my debt load. I think owe can work together, maybe we eaR make lemonade out of sour lemons. Sincerely, ~~H President Profestion91 Mutt1er, IDe. 319-936-2534 CITY ENGINEERING DIVISION West lrunk_ River~jrl~ Re"l", ~(/ A (.;ltO 0^~IIT^""'\'''''''-''''-'-' ,....,.--~, ,~... ._. M,J-) ~ Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-206 RESOLUTION OF INTENT TO CONVEY FORMER BENTON STREET RIGHT-OF- WAY AND AUDITOR'S PARCEL NO. 2006081 LOCATED TO THE NORTH AND EAST OF 708 S. RIVERSIDE DRIVE, TO PROFESSIONAL MUFFLER INC, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JULY 18, 2006 WHEREAS, the City Council is considering passage and adoption of an ordinance vacating a portion of the former Benton Street right-of-way adjacent to Professional Muffler at 708 S. Riverside Drive between Riverside Drive and the Iowa River, in Iowa City, generally described as follows; Commencing at the Southwest Corner of the Northwest One-Quarter of Section 15, Township 79 North, Range 6 West of the 5'" Principal Meridian, Iowa City, Johnson County, Iowa; Thence N02051'01"W, along the West line of the Northwest One-Quarter of said Section 15, a distance of 549.76 feet, to a point on the Centerline of Old Benton Street; Thence N86054'03"E, along said Centerline, 33.00 feet; Thence S02051'01"E, 15.52 feet, to the Point of Beginning; Thence N51 018'26"E, 2.92 feet; Thence N79022'20"E, 15.91 feet; Thence N86054'03"E, 168.85 feet; Thence S02051 '01"E, 21.27 feet to a point on the South Right-of-way line of Old Benton Street; Thence S86054'03"W, along said South line, 186.98 feet, to a point on the East Right-of-Way line of South Riverside Drive; Thence N02051'01"W, along said East line, 17.48 feet, to said Point of Beginning. Said Right-of-Way Vacation contains 0.09 acres, (3,740 square feet), and is subject to easements and restrictions of record. WHEREAS, Professional Muffler Inc. has made a request to acquire said right-of-way, as well as City-owned Auditor's Parcel 2006081 consisting of 4,658 square feet located to the east of their site; WHEREAS, conveyance of said property, subject to necessary utility easements and provisions related to the City sanitary sewer located within the building site at 708 S. Riverside Drive, to adjacent property owner Professional Muffler Inc, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to convey its interest in the above- described property, subject to necessary utility easements and provisions related to the City sanitary sewer located within the building site at 708 S. Riverside Drive, to adjacent property owner Professional Muffler Inc. 2. Public hearing on said proposal should be and is hereby set for July 18, 2006, at 7:00 p.m. in Emma J. Harvat Hall at City Hall, 410 East Washington Street, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 27th day of June C2-u ,20~. MAYOR ATTEST: A~~A'~ ~ ~~ CITY LERK fI(U!or.o Resolution No. Page 2 06-206 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: x x X 1{ 1{ X X NAYS: ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ Prepared by: Robert Miklo, PCD, 410 E Washington Street, Iowa City, IA 52240 319356-5240 (VAC06-00004) RESOLUTION NO. A RESOLUTION VACATING A PORTION OF RUPPERT ROAD WITHIN AVIATION COMMERCE PARK NORTH. (VAC06-00004) WHEREAS, North Airport Development and North Airport Development Part Two are being resubdivided as Aviation Commerce Park North; and WHEREAS, The resubdivision replaces portions of Ruppert Road with Westport Drive and Spitz Court; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. The City of Iowa City hereby vacates the rights-of-way legally described as follows: The portion of Ruppert Road located within lots 1, 3 and 11 of Aviation Commerce Park North - a Resubdivision of North Airport Development and North Airport Development Part Two. SECTION II REPEALER. All ordinances and parts of if ordinances in conflict with the provisions of this Resolution are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Resolution shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Resolution as a whole or any section, provision or part not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Resolution shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _day of 20_. ATTEST: CITY CLERK ,1$ MAYOR Approved by Hv{~~ &/;<t-j,& City Attorney' 1/1 ~ ppadmlordlvac06-00004-ruppert-road.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB05-00021 Aviation Commerce Park North (A Resubdivision of North Airport Date: June 1, 2006 Development and North Airport Development Part 2) GENERAL INFORMATION: Applicant: City of Iowa City 410 E Washington Street Iowa City, IA 52240 Requested Action: Final plat Purpose: To create an 11-lot commercial subdivision Location: North of the Iowa City Municipal Airport, along Ruppert Road Size: Approximately 57.13 acres Existing Land Use and Zoning: Undeveloped; CC-2, Community Commercial Surrounding Land Use and Zoning: North: South: East: West: Commercial; CI-1 Airport: P-1 Commercial; CC-2 Commercial; CC-2 Comprehensive Plan: Retail I Community Commercial File Date: May 11, 2006 45-day limitation period: June 25, 2006 60-day limitation period: July 10, 2006 BACKGROUND INFORMATION: Aviation Commerce Park was rezoned in 2005 from Intensive Commercial, CI-1 to Community Commercial, CC-2. This rezoning was 1) to facilitate the purchase of approximately 21 acres of property by Wal Mart Stores, Inc.; and 2) to encourage additional retail and related commercial development on the remainder of the property (approximately 19 acres). The preliminary plat was approved in August of 2005 as a resubdivision of the previously plats of North Airport Development and North Airport Development Part 2. The City is now requesting approval of the final plat and vacation of a portion of Ruppert Road. 2 ANALYSIS: With the exception of revisions in the lot lines between lot 1 and lots 3 and 11 and associated easements (discussed in detail below), the final plat as submitted is in general conformance with the approved preliminary plat. Construction plans are being reviewed by the City Engineering Division and City Attorney's Office has drafted legal papers. They must be approved by staff prior to Council consideration of the final plat. As part of the resubdivision, the east segment of Ruppert Road is proposed to be converted to a cul-de-sac, and its name will be changed to Spitz Court. The portion of Ruppert Road generally located within proposed lot 1 and the western portions of proposed lots 3 and 11 needs to be vacated to allow this reconfiguration. The vacated portion of Ruppert Road will be replaced by Westport Drive located on the north side of the subdivision. Wal-Mart, which has entered into an agreement with the City to purchase lots 1 and 2, has requested that the lot line between lot 1 and lots 3 and 11 be moved approximately 43 feet to the east to allow more room for development on lot 1. On the preliminary plat lots 3 and 11 are shown as being 193 feet wide. The final plat shows these lots being reduced to 150 feet wide. To allow for this lot line shift and still allow sufficient development area on lots 3 and 11, easements for utilities and access that were shown on the preliminary plat on lots 3 and 11 have been move to the eastern edge of lot 1. A cross access easement has been added to allow traffic to travel from the west end of Spizt Court across lots 3, 11 and 1 to Westport Drive and vise versa. This will improve traffic circulation and allow the area to be developed as an integrated shopping center. The lot line shift and relocation of the easements and addition of the cross access easement are minor variations from the preliminary plat design and will not affect the overall design or function of the subdivision. STAFF RECOMMENDATION: Staff recommends SUB05-00021NAC-6-00004, a final plat of a Aviation Commerce Park North (A Resubdivision of North Airport Development and North Airport Development Part Two), an 11- lot, 57.13-acre commercial subdivision located north of the Iowa City Airport and the vacation of a portion of Ruppert Road, be approved subject to approval of legal papers and construction drawings prior to City Council consideration of the final plat. ATTACHMENTS: 1. Location Map 2. Final Plat Ap-'by ~~-,jcL' Karin Franklin, Dire r, Department of Planning and Community Development S:\PCDlStaff Reports1SUB05-00011 NorthAirport.doc CJl >-< ..., tTl t'""' o (') )- ::j o ~ )> <. OJ ..... 0" :J o o 3 3 CD ., (') CD ""U OJ ., ^ z o ;:+ :::J'" (') (') I\) ""C ~ ~ /' (f) c CD o (]J I o o o I\) ...... \] R;>C:: ill \] 'l ~ ::tJi'i Cl 9i c::...... ~ '" ~D U)C) 0:::' ~ oil o U) ------ o ~ o U) )> - :c s: N o I ,3J Ii: ""C i(~C u _ - 1\): O~ ...... ~. r~ ;-\ -~_! :c U) CO I-J - 1---- ~~ .1 J. - - i-i--- I I I I I I ~- ~-- (') (') I\) ~ ~ ~ ~ I " I ~ ~ ~ ~I, OLD HIGHWAi'218 Q ~ ~ ~ ~ Q ~ \ s \"", '. I ~ ! 1. I €:01 \ ,v] -.--- j ~ ..1 \ j: I )--// ~ ,J :IlJjiiIJ;I~H!:f1l'i'l I ~I, :If f !1%:m!l,IJ~f!" ,h lIIHj!~,ll!!ijJ!lI!1 ~ it" ii{F'l~l;i!l~i!'I'~i!!l . IJ }' llliJ'r. .~ ' III !if:l' '!!::ffl!ii~ljl'ill!i, IIi. l'l~lt!l!fl~J~ ilfr! I~il IhIIlr!,;:lj'i,I!~!I f! ' ,!fl cII'~hL!'I~i'i ,g11 . G~lilfJI. I~"'il' Hf. rtl:JlU!li.filii!I.11 I Ik. II ~~i!l !!I Ii ~iil~llli :'.... 'iliii"'!! ~~.o : I li~1! ~ 1111! Ii ~i?.oID mIll' ::r:: E-< p:: ~~ IIi ~~s ll!~ p:~~< Bd ""~ I ~t3I~~IIiI~ p:: ~E- < Iii ~i >- '5 D. ~ " z u: .~~ -- ~ . ~ cq 11 ~, .n: " -., , w ~i 'U '''\rc "T f- :ot '~ ---------...,---------------" - -~---- lNoM .:.dJ.U",U ,," t;-i ~ "9,2:; ~@ Ill' r~ f!~o (,J,) ~~ (:1 1.-1 ~,'~ U ~!l ~" H .u !lig I I i11~ ~!il Rlt~ 111M III ill i .tl J , III \'J I fi!d ,; j I ; i5, I . I '11. \~ t I ~~ q i !:1I i. I o ! .. ~ -.,~:l! -=:J ~ :11 i . I ' r- ~.~ I """ __==-_,,::::::,,:,,_,:)1 [ ~~ ~-vr;;'~~ ~"" I ~ 1~t ~ Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00021) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF AVIATION COMMERCE RESUBDIVISION OF NORTH AIRPORT DEVELOPMENT AND DEVELOPMENT PART TWO, IOWA CITY, IOWA. PARK NORTH - A NORTH AIRPORT WHEREAS, the owner, the City of Iowa City filed with the City Clerk the final plat of Aviation Commerce Park North - a resubdivision of North Airport Development and North Airport Development Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast corner of Westport Plaza as recorded in Book 32 at Page 289 in the Records of the Johnson County Recorder's Office; Thence NOO'35'32"E along the East line of said Westport Plaza, 754.71 feet; Thence N51 '23'44"E, 59.53 feet to a point on the Southwesterly right-of- way line of Ruppert Road; Thence Northwesterly, 77.16 feet along said right-of-way line and an arc of a 409.92 foot radius curve, concave Northeasterly, whose 77.05 foot chord bears N36'11 '29"W; Thence N38'44'54''W, along said right-of-way line, 94.65 feet to a Point on the Westerly right-of-way line of Ruppert Road; Thence NOO'35'32"E along said right-of-way line, 140.32 feet; Thence S89'29'19"E, 1041.99 feet; Thence N89'41'00"E, 636.50 feet; Thence N89'43'00"E, 491.70 feet; Thence S16'29'25"E, 429.89 feet; Thence N89'34'39"E, 395.33 feet to a point on the Westerly right- of-way line of Riverside Drive; Thence S12'58'23"E along said right-of-way line, 156.47 feet; Thence N89'35'33"E, along said right-of-way line, 81.39 feet; Thence S12'59'02"E, along said right-of-way line, 213.05 feet; Thence S89'48'54"W, 453.47 feet; Thence N16'31'12"W, 129.74 feet; Thence S70'15'04''W, 1 033.22 feet; Thence S73'19'46"W, 1321.45 feet; Thence N55'55'22"W, 93.05 feet to a point on the West line of the Northeast one-quarter of Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence N01 '05'08"E, 27.24 feet to the North one-quarter corner of said Section 21; Thence NOO'35'32"E along the West line of the Southeast one-quarter of Section 16 of said Township, 229.94 feet to said Point of Beginning, containing 57.13 acres and subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically Resolution No. Page 2 sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to oertify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the offioe of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of ,20_. MAYOR Approved by ATTEST: CITY CLERK ~~ ts>/"z.-I/fPCo City Attorney's Office It was rnoved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ppdadmin\res\aviation corrm park n.doc /I -/ . 5J Prepared by: Mitchel T. Behr, Assistant City Attorney, 410 E. Washington St., Iowa City, Iowa 52240 DEVELOPMENT AGREEMENT FOR, LOTS 1 AND 2, RESUBDIVISION OF NORTH AIRPORT DEVELOPMENT AND NORTH AIRPORT DEVELOPMENT PART TWO, IOWA CITY, IOWA THIS AGREEMENT is hereby made by and between Wal-Mart Stores, Inc., and Wal-Mart Real Estate Business Trust, together hereinafter referred to as "Developer", and the City of Iowa City, Iowa, hereinafter referred to as '~he City". WITNESSETH: SECTION 1. IMPROVEMENTS BY DEVELOPER. A. In consideration of the City approving the Final Plat for the Resubdivision of North Airport Development and North Airport Development Part Two, Iowa City, Iowa, the Developer agrees, as a covenant running with the land that, except as provided in this Agreement, the City need not issue an occupancy permit for the development of Lots 1 and 2 of said subdivision (hereinafter referred to as "the development site") unless and until the Developer completes and the City accepts the following (hereinafter referred to as "Improvements"): i. Reconstruction and relocation of Ruppert Road in the vicinity of the development site, as depicted on the proposed site plan attached hereto as Exhibit A and Exhibit A-1 including any improvements which may be more particularly described below. ii. Concrete paving at least 39 feet in width from back of curb to back of curb on Westport Drive (a public street), containing two travel lanes 12 feet in width and one continuous left turn lane 14 feet in width, as depicted on Exhibit A and Exhibit A-1 ; iii. Sidewalks four (4) feet in width on each side of Westport Drive as depicted on Exhibit A and Exhibit A-1 ; 4843-7760-9728.10 Iowa City, 1A/#1721-02 6122106 Document Version 10 lawPack Number: 164765 1 iv. A sidewalk four (4) feet in width on the east side of Ruppert Road from between its intersection with Highway 1 and Westport Drive, as depicted on Exhibit A and Exhibit A-1 ; v. Private storm sewers and drainageways, public water mains, and public sanitary sewers as shown on the Final Plat (the "Plat") in accordance with City standards and specifications, as depicted on Exhibit A and Exhibit A- l' . -' vi. Subdivision erosion control measures within the development site as required by the City under its ordinances; vii. The following improvements at the intersection of Highway 1 and Ruppert Road, all as depicted on Exhibit A and Exhibit A-1: (a) Design and construction of dual left-turn lanes and a combination through lane and right-turn lane for traffic northbound on Ruppert Road turning on to Highway 1 and corresponding traffic signalizations and control measures, as approved by the Developer, City and the Iowa Department of Transportation; (b) Design and construction of a left turn lane extension for traffic westbound on Highway 1 turning south on to Ruppert Road and corresponding traffic control signalization and control measures, as approved by the Developer, City and the Iowa Department of Transportation. viii. Payment to the City of the sum of $100,000.00 (the "Off-Site Improvement Contribution") as Developer's total contribution towards the cost of all other off-site public improvements necessary now or in the future, as a result of Developer's development of the development site. B. Developer shall be responsible for the cost of acquisition of any and all third- party property rights, including access rights, temporary construction easements, permanent easements and/or fee simple right-of-way necessary to complete and/or resulting from the paving of Westport Drive and construction of the Highway 1/Ruppert Road intersection improvements referred to above, whether obtained voluntarily or via eminent domain as hereinafter provided. In the event Developer is unsuccessful in reasonably negotiating such acquisitions, then in consideration of the public benefits from such of the Improvements, the City may consider instituting eminent domain proceedings to acquire such third-party rights as necessary or shall consider redesigning the Improvements to facilitate completion of the Improvements notwithstanding Developer's failure to acquire the necessary third-party rights. . The use of eminent domain or redesign of the Improvements to facilitate completion of the Improvements shall be at the sole discretion of the City. 4843-7760-9728.10 Iowa City, 1A/#1721-02 6/22/06 Document Version 10 LawPack Number: 164765 2 C. Nothing in this Agreement shall be construed to impose any requirement on the City to install the original Improvements at issue herein. Nor shall the Developer be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Improvements herein shall be in accordance with the City's specifications, and the obligation shall remain on the Developer until completion by the Developer, and until acceptance by the City, all as subject to Section 13. D. Developer's obligation to construct the Improvements shall be subject to the necessary land acquisition and receipt of the necessary permits and other governmental approvals required for the construction of the Improvements, including permits from the Iowa Department of Transportation and the United States Department of Transportation, as applicable (the "DOT Permits"). Developer, with the cooperation of the City, shall, at Developer's expense, apply for the DOT Permits. SECTION 2. OBLIGATIONS OF CITY. The City shall be responsible for the following (the "City Improvements") in connection with the development of the development site: a. Taking all necessary actions to reasonably cooperate with and assist Developer in modifying and relocating the flood plain boundary on the development site, through the letter of map amendment process with the Federal Emergency Management Agency, at Developer's expense. SECTION 3. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. In consideration of the City approving the Developer's Storm Water Management Plan, the Developer agrees as a covenant running with the land that, except as provided in this Agreement and subject to Section 7, the City need not issue an occupancy permit for the development site until a Storm Water Control Facility for the development site ("Facility"), including the site work incident thereto has been installed and released by the City. Developer agrees that the duty to maintain the Facility shall remain on the Developer and its successors and assigns in interest. Said maintenance shall comply with the City's Storm Water Management Ordinance. SECTION 4. CONSTRUCTION OF IMPROVEMENTS AND FACILITY. The Improvements and Facility described in Sections 1 and 3 of this Agreement shall be constructed and installed by the Developer in accordance with plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. Such inspection shall not relieve or release the Developer from the responsibility to construct said Improvements and Facility pursuant to the approved plans and specifications. Further, the parties agree and acknowledge that the City neither directs nor controls the progress of such work in progress, and that the performance of any inspections hereunder does not create a special relationship and/or duty on the part of the City to ensure that the Improvements and Facility are constructed and installed by the Developer in accordance with plans and specifications approved by the City Engineer. 4843-7760-9728.10 Iowa City, IAI#1721-Q2 6/22106 Document Version 10 LawPack Number: 164765 3 SECTION 5. COORDINATION OF ACTIVITIES; LICENSE TO CONSTRUCT. In the event the City intends to commence any of the off-site improvements contemplated in Section 2 of this Agreement prior to the issuance of a certificate of occupancy or in the event any such improvements could reasonably interfere with the operation of Developer's planned development, the City and its contractor agree to coordinate with Developer all plans, construction and other work undertaken in connection with the City Improvements so as to ensure that such construction and other work will cause as minimal interference as possible with Developer's planned development. The City further shall grant to Developer, its agents, successors and assigns, a license and temporary easement to enter onto property of the City necessary to construct the Improvements and Facility and to regulate pedestrian and vehicular traffic to such areas during the construction of the Improvements and Facility. SECTION 6. OCCUPANCY PERMIT AND ESCROW MONIES. If the Developer desires an occupancy permit for the site before it completes the Facility described in this Agreement, the Developer, its assigns or successors in interest, at the discretion of the City shall deposit with the City Finance Department, in escrow, an amount equal to the estimated cost of said Facility, plus ten percent (10%) thereof. The City Engineer shall determine whether to accept such an escrow in lieu of the completion of the Facility, as well as the amount of the escrow (hereinafter "Facility Escrow"). The Facility Escrow shall be applied and refunded in accordance with Section 9 below. In addition to the Facility Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth or recognized best management practice material, the City may require, as a condition to the issuance of an occupancy permit within the development site, that the Developer deposit in escrow with the City, the sum of $2,000.00 (hereinafter "Erosion Clean-up Escrow") to assure reimbursement for the cost of cleaning publiC streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from the development site. In the case of the Facility Escrow and Erosion Clean-Up Escrow, any escrowed funds shall be held in the City in a separate escrow account dedicated strictly for the purposes of this Section. The Developer agrees to accept responsibility for the cost of such clean-up, and to the extent that the Developer fails to commence or diligently pursue erosion clean-up after 30 days written notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean-up Escrow. The unused balance of the Erosion Clean-up Escrow shall be returned to the Developer promptly after erosion control measures have been installed and groundcover has been established by growth. After the Erosion Clean-up and Facility Escrow, if acceptable, have been established, the Building Inspector is authorized to issue an occupancy permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. 4843-7760-9728.10 Iowa City. 1N#1721-02 6122106 Document Version 10 lawPack Number: 164765 4 SECTION 7. OCCUPANCY PERMIT. A. Prior to the issuance of an occupancy permit for any building in the development, the City in its discretion may require the Developer to construct and install the Facility as required by this Agreement; provided, however, that City may accept the Facility Escrow in lieu of completion of construction as set forth in Section 6 above. B. In the event the Developer's planned development is substantially completed prior to completion of the Improvements or Facility, then in addition to any other rights of the Developer provided for herein, the City agrees that the City may, in its discretion, issue a temporary certificate of occupancy which shall allow for the operation of structures located on the development site, in preparation of opening a retail facility, including, but not limited to, the installation of fixtures and stocking and staffing of the facility, and the City may amend such temporary certificate of occupancy as necessary for the operation of a retail facility pending completion of landscaping or such other outstanding requirements for the final certificate of occupancy. SECTION 8. USE OF FACILITY ESCROW MONIES FOR FACILITY. If, after the issuance of an occupancy permit, the construction of the Facility has not been commenced within 60 days of issuance of such occupancy permit, the City may, after 30-days written notice to Developer, use any funds deposited in the Facility Escrow to construct and install the Facility. The City shall refund to the Developer any Facility Escrow monies not used by the City for the construction and installation of the Facility promptly after the City's completion of the construction and installation of the Facility and shall provide the Developer a written accounting of the cost of the Facility to support the amount of the Facility Escrow monies so refunded. SECTION 9. WAIVER. Subject to Section 13, if Developer sells or conveys the development site without constructing or installing the Improvements and/or Facility, the City shall have the right to install and construct said items. The costs thereof shall be a lien and charge against the development site under the provisions of Chapter 384 of the 2005 Code of Iowa, as amended. Developer acknowledges and agrees that the entire development site is specifically benefited by the Improvements and/or Facility, and that the cost of installation and construction thereof need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessment. SECTION 10. DEDICATION OF IMPROVEMENTS. Subject to all of the other provisions of this Agreement and any exhibits hereto attached, Developer shall, without charge to the City, upon completion of any public improvements contemplated herein, unconditionally give, grant, convey and fully dedicate such improvements 4843-7760-9728.10 Iowa City, IAI#1721-Q2 6/22/06 Document Version 10 LawPack Number: 164765 5 to the City, its successors and assigns free and clear of all encumbrances. All such improvements will be accepted by the City according to the City's standard specifications. Developer shall non-exclusively assign the rights to enforce all construction contracts, contractors' bonds and design agreements regarding such improvements to the City so that these may be enforced by the City after such acceptance. Developer will have no maintenance obligations with respect to the public improvements after acceptance by the City. City's maintenance obligations with respect to public ways are set forth in Section 364.12 of the 2005 Code of Iowa. Notwithstanding the foregoing, Developer shall retain ownership to all private improvements located on the development site. SECTION 11. NO IMPROVEMENT DISTRICT OR SPECIAL ASSESSMENTS. The City shall not create a special assessment district for the purpose of assessing Developer for improvements it or the City is constructing pursuant to the terms of this agreement. Developer's construction of the Improvements and the Facility, together with the Off-Site Improvement Contribution, all as set forth herein, represent the maximum liability of Developer to fund and pay for the Improvements, the Facility and the City Improvements contemplated herein. The City waives any requirement of Developer to pay any special or other assessment associated with the construction of the Improvements, the Facility or the City Improvements contemplated herein. SECTION 12. NO OBLIGATION TO CONSTRUCT OR OPERATE. The City hereby acknowledges that Developer as of the date hereof may not own fee title to the development site and that Developer or its affiliate intends to acquire fee title to the development site. The City and Developer acknowledge this Agreement does not constitute an obligation on the part of Developer but sets forth conditions precedent to the issuance of a certificate of occupancy. Notwithstanding anything to the contrary contained herein, the City agrees that the development site may be used for any lawful purpose. It is expressly agreed that nothing contained in this Agreement shall be construed to contain a covenant, either expressed or implied, to either commence the construction of a building or the operation of a business or thereafter continuously operate a business on the development site. The City recognizes and agrees that Developer may, at Developer's sole discretion, cease the operation of its business on the development site and the City hereby waives any legal action for damages or for equitable relief resulting from such cessation of business activity by Developer. SECTION 13. RELEASE. The City agrees that when the public Improvements and all other improvements, Facility and sidewalks required hereunder have been installed within the development site, to the satisfaction of the City, it will, upon request, promptly issue to the Developer, for recording in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release for the development site, so that this Agreement will not constitute a cloud upon the title to the development site. 4843-7760-9728.10 Iowa City. 1N#1721-02 6/22/06 Document Version 10 LawPack Number: 184765 6 SECTION 14. STORM WATER CONTROL FACILITY RELEASE. With respect to Developer's obligation to construct the Facility, the City agrees to provide a partial release for the development from any liens or clouds on title to the development site by reason of such storm water management obligations, provided the City Engineer certifies that the following conditions and\or events have occurred: 1. The Facility has been substantially completed on that portion of the development site to be released. 2. An escrow account has been established with the City in an amount not less than $5,000 to which the City's liens should attach immediately upon execution or recording of the partial release. The City agrees to issue a total release for the Facility upon certification by the City Engineer, in writing, that all of the following events and\or conditions have been satisfactorily completed: 1. Permanent ground cover is established and mowable. 2. Erosion and sedimentation are controlled in conformance with the approved plans and specifications. 3. AJlland within the tributary area in the development has been developed. 4. The Facility is complete. The Mayor is hereby authorized to execute all releases and acknowledgements provided for in this Agreement, with the concurrence of the City Engineer and the City Attorney. SECTION 15. CONDITIONAL ZONING AGREEMENT. Developer acknowledges that it is bound by the terms and conditions contained in the Conditional Zoning Agreement dated June 7, 2005 and recorded July 11, 2005 in Book 3905, Page(s) 183-191 of the records in the Johnson County Recorder's Office. SECTION 16. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and bind the parties, their successors and assigns and shall be construed as a covenant running with the land and with title to the land. 4843-7760-9728.10 Iowa City, IAI#1721-02 6/22106 Document Version 10 lawPack Number: 164765 7 Dated this _ day of ,2006. CITY OF IOWA CITY, IOWA BY: Ernest Lehman, Mayor ATTEST: Marian K. Karr, City Clerk STATE OF IbwA ) )SS: JOHNSON COUNTY ) On this _ day of , 2006, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest Lehman and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the said Ernest Lehman and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa Approved By //f~ Zr tp(~eJr;(p City Attomey's Office 4843-7760-9728.10 Iowa City. 1N#1721-02 6/22/06 Document Version 10 LawPack Number: 164765 8 WAL-MART STORES INC., a Delaware corporation Date: By: Michael E. Gardner Regional Vice President of Design and Real Estate STATE OF ARKANSAS ) ) ss COUNTY OF ) On this day of , 2006, before me, a Notary Public in and for said County and State, personally appeared Michael E. Gardner, to me personally known, who being by me duly sworn did say that he is the the Regional Vice President of Design and Real Estate ofWal-Mart Stores, Inc., a Delaware corporation, and that said instrument was sig ned on behalf of said corporation by authority of the corporation and that the said Michael E. Gardner acknowledged that execution of said instrument to be the voluntary act and deed of said corporation and by him voluntarily executed. Notary Public My Commission Expires: 4843-7760-9728.10 Iowa City, 1N#1721-02 6122/06 Document Version 10 LawPack Number: 164765 9 WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware trust Date: By: Michael E. Gardner Regional Vice President of Design and Real Estate STATE OF ARKANSAS ) ) ss COUNTY OF ) On this day of , 2006, before me, a Notary Public in and for said County and State, personally appeared Michael E. Gardner, to me personally known, who being by me duly sworn did say that he is the the Regional Vice President of Design and Real Estate of Wal-Mart Real Estate Business Trust, a Delaware trust, and that said instrument was signed on behalf of said corporation by authority of the corporation and that the said Michael E. Gardner acknowledged that execution of said instrument to be the voluntary act and deed of said corporation and by him voluntarily executed. Notary Public My Commission Expires: 4843-7760-9728.10 Iowa City, 1A/#1721-02 6/22/06 Document Version 10 LawPack Number: 184765 10 4843-7760-9728.10 Iowa City, 1N#1721-02 6122/06 Document Version 10 LawPack Number: 164765 EXHIBIT A and A-1 IMPROVEMENTS AND DEVELOPMENT LAYOUT 11 :I~~ ~I !lllf _~_~ II~ I j t \ lllllU \ iP'l Ii 'I II II : I I ; 0 J.E ~lIllilli :', i ~ ~::I::::l. ill;; Ilk !JliWP~ f-, I Ii I Iii --j lh 1\' ,II I... ':, IU,."l i! " '. " l~ ~-! 0' . ' . f;:'---I~ "ri,,i":';:-"'l<<r:- - -----... I ~ I "'''''''''u.-~",,-....._....._... -~.______ : l , ] iil. I \..... ", - , . ,j 1i '\ ...... " ". .l! W i 7 i / I I / I / -/ J f" ., .',i 'j' ".1 .1 -j. d --I ~ ,I,"'", T' I i I!"! !'d' ~ ' !':!'!III'!!I.! ',...Ill!i!!"',"!' !: ~.~~ ~~I ~i ~ ~ iii!"II"I 'I 11,;"ll;11111.:.1 "j I ~ I~~!i~ll~; ~ ~ i I ~ ~~i~~ t .i:~ ~ : q!li! ill i II ! g ~ ~ " l'UClJ(I)"GJ~t. If)j/:IOO: ~ ,- 1 ,I 1 I " ! I i nil I i II Ii i i III i ! ! i i! [iJj[iJ Ii II ! I Ii! i i!!! II! " ![iJ 111,- i ii' ; , i " ' !!! ! i i ! Ii [iJ[iJ ~II !! ~ ~ > ~ I I . 1-'1 r , ~ T!l Jill' % ::c:::. ; " n '3C7 I! s~ . I; I III1 ~ I "0 ' . "I l > I >. o . , -. . ~ ----.-.',-..-- ifff mil: r~~l! ,,,,,,,. ,," ""',," ""'. "'M~ "om~. "" w._.,., .. ,~C,.. '^ "'" (:~,..",,~ RESOLUTION NO. 06-207 RESOLUTION AUTHORIZING CONVEYANCE OF THE RIGHT-OF-WAY IN AN ALLEY IN BLOCK 27 LYING BETWEEN SOUTH CLINTON AND SOUTH DUBUQUE STREETS TO THE NORTH OF BENTON STREET, TO JOHNSON COUNTY. WHEREAS, the City Council is considering passage and adoption of an ordinance vacating the following described right-of-way; The Alley of Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of Johnson County, laid off by F.H. Lee, Country Agent, June 20,1842, according to the plat thereof recorded in Book 1 & 2, page 301, Deed Records of Johnson County, Iowa, more specifically described as follows: Commencing at the northwest corner of Lot 1, Block 27, plat of said addition, thence south 320 feet along the west line of Lots 1, 2, 3 and 4 and parallel with Dubuque Street; thence west 20 feet parallel with Benton Street; thence north 320 feet along the east line of Lots 5, 6, 7 and 8 and parallel with Clinton Street to the northeast corner of Lot 8; thence east 20 feet, parallel with Lafayette Street to the point of beginning. WHEREAS, Johnson County has purchased or is in the process of purchasing all privately held property lying between South Clinton and South Dubuque Streets to the north of Benton Street, and wishes to acquire said right-of-way from the City without compensation; WHEREAS, Iowa Code Section 364.7(3) provides that the City may dispose of real property to a governmental body for a public purpose, without monetary compensation; and WHEREAS, following public hearing, it is found that conveyance of said right-of-way property to adjacent property owner Johnson County, subject to necessary utility easements, is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize conveyance of the City's interest in the above- described right-of-way to Johnson County, subject to necessary utility easements, without compensation. 2. The Mayor and City Clerk are hereby authorized to execute any and all documents necessary to complete said conveyance. Passed and approved this 27th day of .Tune ,20--Dn.-. C~LJ~n^, MAYOR , ATTEST: ~~,~ --J!. ~~ CI LERK Approved by c~4i& (', tP/~(;, Resolution No. Page 2 06-207 It was moved by Champion and seconded by adopted, and upon roll call there were: Elliott the Resolution be AYES: NAYS: x x 1< X X X ABSENT: ABSTAIN: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x N\4~ ~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. Ofi-?OR RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 940 LONGFELLOW COURT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and . WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 940 Longfellow Court, Iowa City; and WHEREAS, the City has received an offer to purchase 940 Longfellow Court for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on June 13, 2006, the City Council adopted a Resolution declaring its intent to convey its interest in 940 Longfellow Court, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 940 Longfellow Court, legally described as Lot 12, Longfellow Manor, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $31,000. Resolution No. 06-208 Page 2 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Bailey and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: 1( 1( x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Passed and approved this 27th doym (~( MAYOR - ,2006. ) A fl~ ATTEST: n~U~-u.J K ~A.A) CITY LERK Approved by ~~ ~_(f-o~ City Attorney's Office 1'1\.\...j C!:J Prepared by: Mitchel T. Behr, Ass! City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-209 RESOLUTION AUTHORIZING CONVEYANCE OF 426 BAYARD STREET TO FRANTZ CONSTRUCTION COMPANY INC. WHEREAS, the City condemned the property located at 426 Bayard Street as a public nuisance; and WHEREAS, said property consists of two lots, one of which contains a residential structure, the other containing a detached garage; and WHEREAS, Frantz Construction Company Inc. has submitted an offer, a copy of which is attached hereto, to purchase the property for $259,500, which offer is subject to approval by City Council; and WHEREAS, Frantz Construction Company is proposing to remodel the existing house with a two- story rear addition and with an attached two-stall garage with finished second level, and remodel the existing detached garage on the additional lot, and has also indicated a willingness to provide a covenant prohibiting future, additional development of the additional lot; and WHEREAS, upon public hearing conveyance of the property to Frantz Construction Company Inc., in accordance with the terms of the attached Real Estate Contract - Installments, as amended to require compliance with their proposal and a covenant prohibiting future, additional development of the additIOnal lot, is found to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby approve of the attached Real Estate Contract - Installments with Frantz Construction Company Inc., as amended to require compliance with their proposal and a covenant prohibiting future, additional development of the additional lot. 2. The City Manager is hereby authorized to execute an amendment to the attached Real Estate Contract - Installments in a form approved by the City Attomey's Office and the Director of Housing and Inspection Services, to require compliance with their proposal and a covenant prohibiting future, additional development of the additional lot. 3. The City Clerk and Mayor are hereby authorized to execute any and all documents necessary to dispose of the property in accordance with the Real Estate Contract - Installments as so amended. Passed and approved this 27th d.,meujr~ MAYOR ATTEST:n~~U 'I! ~ CIT LERK Ce>;I ~/45>(o Resolution No. Page 2 06-209 It was moved by Bailey and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: x X 1[ x X x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Preoared by & Return to: Mitchel T. Behr Asst. City Attorney. 410 E. Washinaton St.. Iowa Citv.IA 52240 (319) 356-5030 Leoal Descriotion of Prooerty: (See below) Taxoaver Information: Grantor!.): C"v of Iowa City Grantee(sl: REAL ESTATE CONTRACT-INSTALLMENTS , by. and e~ty of Iowa City, an Iowa Municipal Corporation, Sellers; and . , Buyers; That the S rs, as in this contract provided, agree to sell to the Buyers, and the Buyers in considerati of t e premises, hereby agree with the Sellers to purchase the following described real estate situate' e County of Johnson, State of Iowa, to-wit: Lots 7 and 8, Block 12, Manville Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 149, Plat Records of Johnson County, Iowa (426 Bayard St.,lowa Clty,lowa). together with any easements and servient estates appurtenant thereto, but with such reservations and exceptions of title as may be below stated. 4. SPECIAL ASSESSMENTS. Sellers shall pay all installments of special assessments constituting a lien against this property, and, if not paid, would become delinquent during the calendar year this contract is executed by Seller, and all prior installments thereof. Buyers, except as above stated, shall pay all subsequent special assessments and charges, before they become delinquent. 1 5. INDEMNITY AND LIABILITY INSURANCE. Buyer will protect, defend and indemnify Seller from and against any and all loss, costs, damage and expenses, including attorney fees, occasioned by or arriving out of any occurrence happening upon or about the property or due directly or indirectly to, use or occupancy thereof or any part thereof by Buyer or any person claiming through or under Buyer. Buyer, at Buyer's expense, shall procure and maintain in force during the term of this contract a policy or policies providing comprehensive general liability insurance (providing coverage for loss due to personal injury) covering Buyer's use of the Property under which both Buyer and Seller shall be named insureds, and under which the limits of liability shall be in amounts not less than $100,000/$300,000, with a $1,000,000 rider for excess coverage, and shall furnish to Seller either copies of such policies or certificates or other evidence of the. existence of such insurance satisfactory to Seller. Buyer agrees to deliver to Seller a certificate issued by the insurer certifying that such liability insurance is in force and effect throughout the term of this contract. . 6. LIENS. . No mechanics' lien shall be imposed upon or foreclosed against the real estate described herein. 7. ADVANCEMENT BY SELLERS. If Buyers fail to pay such taxes, special assessments and insurance as above agreed, Seller may, but need not, pay such taxes. special assessments and insurance and all sums so advanced shall be due and payable on demand or. such sums so advanced may, at the election of Sellers, be added to the principal amount due hereunder and so secured. 8. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. Failure to promptly assert rights of Sellers herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 9. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this contract shall be without reservation or qualification ExCEPT: (a) Zoning ordinances; (b) Such restrictive covenants as may be shown of record; (c) Easements of record, if any; (d) As limited by paragraphs 1, 2, 3 and 4 of this contract: 10. DEED AND ABSTRACT, BILL OF SALE. Sellers will at this time deliver to Buyers an abstract showing merchantable title, in conformity with this contract. Such abstract shall begin with the government patent (unless pursuant to the Iowa State Bar Association title standards there is a lesser requirement as to period of abstracting) to said premises and shall show title thereto in Sellers as of the date of this contract. Sellers shall also pay the cost of any abstracting due to any act or change in the personal affairs of Sellers resulting in a change of title by operation of law or otherwise. If all sums of money and interest are paid to Sellers during the life of this contract, and all other agreements for performance to be completed by Buyers on or before said payments have been complied with, Sellers will execute and deliver to Buyers a Warranty Deed conveying said premises in fee simple pursuant to and in conformity with this contract. 11. APPROVAL OF ABSTRACT. Buyers have not examined the abstract of title to this property and -such abstracUs-not-accepted. 12. FORFEITURE. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to perform any of the agreements as herein made or required, including but not limited to the requirements of paragraph 21and the sub-paragraphs therein below, then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or .2 / compensation for money paid, or improvements made; but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. 13. FORECLOSURE AND REDEMPTION. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to.decfare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings: all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres .in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successor in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5,628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. 14. ATTORNEY'S FEES. In case of any action, or in any proceedings in any Court to collect any sums payable or secured herein, or to protect the lien or title herein of Sellers, or in any other case permitted by law in which attorney's fees may be collected from Buyers, or imposed upon them, or upon the above described property, Buyers agree to pay reasonable attorney's fees. 15. INTEREST ON DELINQUENT AMOUNTS. Either party will pay interest at the highest legal contract rate applicable to a natural person to the other on all amountsherein as and after they ~ecome delinquent, and/or on cash reasonably advanced by either party pursuanfto the ferms ofthis contract, as protective disbursements. 16. ASSIGNMENT. This contract may not be assigned by Buyer. In case of the assignment of this contract by Seller, prompt notice shall be given to Buyer, who shall at the time of such notice be furnished with a duplicate of such assignment by such assignors. 17. PERSONAL PROPERTY. If this contract includes the sale of any personal property, then in the event of the forfeiture or foreclosure of this contract, such personalty shall be considered indivisible with 3 the real estate above described; and any such termination of Buyers' rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereto against all such personal property. 18. CONSTRUCTION. Words and phrases herein, including acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. See paragraph 11 above, for construction of the word "Sellers." 19. RELEASE OF RIGHTS. Each of the Buyers hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 20. LEAD-BASED PAINT NOTICE. See attached Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazzard. 21. SPECIAL PROVISIONS. (a.) Subsequent to delivery of possession, Buyer shall either: (i) obtain a building permit to rehabilitate the residential structures currently existing on the property to bring them into compliance with the Iowa City Code and make substantial progress on the rehabilitation work authorized by said permit within 6 months of formal approval of this contract by the City Council of Iowa City, Iowa, pursuant to Iowa Code !l 364.7, and within 12 months thereafter obtain an occupancy permit, or (iI) obtain a demolition permit from the City of Iowa City, and complete demolition of the structures currently existing on the property within 6 months of formal approval of this contract by the City Council of Iowa City, Iowa, pursuant to Iowa Code !l 364.7, and within 12 months thereafter construct upon the property a structure for residential use in compliance within applicable provisions of the Iowa City Zoning Code, and obtain an occupancy permit for the residential structure. (b.) ANTI-MERGER PROVISION. The parties specifically agree that all representations, warranties, agreement, responsibilities, obligations and comments specified herein shall survive the execution, delivery and recording of the warranty deed required herein, shall remain in full force and effective thereafter, shall not be merged in or extinguished by such execution, delivery and recording of the warranty deed, shall inure to the benefit and bind the successors and assigns of Buyer, and shall be a covenant running with the title to the property. (c) At the time of delivery of possession, this agreement shall be recorded with the Johnson County Recorder. Upon completion of the conditions provided for in paragraph 21 (a) above, the Director of the Department of Housing and Inspections Services for the City of Iowa City is authorized to issue a release of the covenants in said paragraph sufficient for recordation with the Recorder of Johnson County, Iowa. (d.) Buyer is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from Seller regarding the condition of the property or improvements thereon. (e.) This contract is subject to and conditioned upon formal approval by the City Council of Iowa City, Iowa, pursuant to Iowa Code !l 364.7. If this contract is not formally approved by the City Council of Jowa City, Iowa, il shall be null.and void. :~~~~~ ~ ~&Title) Date: s:-~~~~ By: Date: (Name &Title) 4 CITY OF IOWA CITY, IOWA By: y;- . Atkins, City Manager Date: 0/Z-S/0? SELLER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this .:Jei";" day of j \.U,'\E. , 20cl before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared Stephen J. Atkins, to me known to be the identical person named in and who executed the within. and foregoing instrumenL and acknowledged that he executed the same as his voluntary act and deed. _ ~M\J....p \="~ Notary Public in and for the State of Iowa i SONDRAE FORT o ~ CommIssion Number 159791 . . My Commission Expk'ea - _0 BUYER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this :lei day of hi. . 200~ before me, th~ undersigned,,1LNotaryPublic in and for the above-~county and state ersonally a~ared ,<~/j//n..,f L. "....,.......7"7" . to me known to be the identical person named in and who executed the within and foregoing instrument. and ackn e executed the same as his voluntary act and deed. .~ RICHARD P. BROWN ~ Commission Number 173350 . . My Commission Expll88 . , Notary Public in and for the State of Iowa 5 RESOLUTION AUTHORIZING CONVE CONSTRUCTION COMPANY INC. STREET TO FRANTZ Prepared by: Mitchel T, Behr, Asst City Altor y, 410 E. Washington St., Iowa 'ty,IA 52240 (319) 356-5030 WHEREAS, the City condemned the property I cated at 426 Bard Street as a public nuisance; and WHEREAS, the City has received offers to purch se the operty for $259,500, for demolition of the currently existing structure and construction of ne residential structure, or for rehabilitation of the currently existing structure, which offers are s bj ct to approval by City Council; and WHEREAS, upon public hearing conveyance of Inc., in accordance with the terms of the att he amended to bind Frantz Construction Company, nc. t to be in the public interest. NOW, THEREFORE, BE IT RESOLVED Y THE CI Y COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby app ve of the attached eal Estate Contract - Installments with Frantz Construction Company I ., as amended to bin Frantz Construction Company Inc. to specific terms of its proposal. property to Frantz Construction Company Real Estate Contract - Installments, as the specific terms of its proposal, is found 2. The City Manager is hereby uthorized to execute an am ndment to the attached Real Estate Contract - Installments in form approved by the City A orney's Office and the Director of Housing and Inspection ervices, to bind Frantz Constru ion Company Inc. to the specific terms of its proposal. yor are hereby authorized to execute a y and, all documents necessary operty in accordance with the Real Es te Contract - Installments as 3. The City Clerk and to dispose of the amended. Passed and approv day of MAYOR ATTEST: SIlTY CLERK 2{~ ~;I ,/P(P +l Marian Karr From: Sent: To: Subject: Timothy John Stalter [timothy-stalter@uiowa.edu] Thursday, June 22, 2006 1 :03 PM Doug Boothroy; 'City Council Proposal for 426 Bayard Street Dear Mr. Boothroy and Iowa City Council Members, My family and I are pleased to see that plans for the 426 Bayard Street property are moving forward and welcome a positive change in the current arrangement. We live across the street, to the south, in 421 Bayard and our house directly faces the property in question. We are contacting you to convey our thoughts on what we would like to see happen with the 426 property. First of all, we feel strongly that the existing natural environment (large trees, shrubs, etc.) be preserved as much as possible. This large lot is a beautiful part of our local community and the Manville Heights neighborhood. Over-development of this property would damage the natural beauty of the property due to loss of large, old trees, etc. This leads us to our belief that only one house should be placed on this property. The building of two homes on this property is unacceptable to us. Our understanding is that Frantz Construction is the only company proposing a one-family dwelling for 426 Bayard. We have had the opportunity to hear Mr. Frantz's proposal for this property and support his plan. He has been careful in his plans to preserve the large trees and natural landscape and to incorporate the existing structure into his plans. We strongly urge you to take action in favor of a one-family structure little damage to the existing landscape and natural beauty of the lot. request that you support the proposal of Frantz Construction Company. which will do We respectfully Thank you for your consideration. Sincerely f Timothy Stalter Kristine Stalter Elspeth Stalter Elliot Stalter 1 Page 1 of1 ~'l Marian Karr From: Susan Enzle [senzle@msn.com] Sent: Friday, June 23,20069:14 AM To: 'City Council Cc: 'Savin, Nathan E' Subject: Property at the corner of Bayard Street and Magowan Avenue Dear Council Members, I understand that the City Council will be considering four proposals for development of the residential property at the corner of Bayard Street and Magowan Avenue at its meeting on June 27th Since my husband, Gene Savin, and I live directly north of this property, we are very concerned as to how this property will be developed. While we have treasured the woodland garden and wonderful savannah oak trees that currently grace this property, we understand that it is time for it to be developed so that another family can enjoy both it and the Manville Heights neighborhood. We hope that any proposal that the Council accepts will/imit construction to only one house on this property. One house, which is suitably designed, as opposed to two houses, would preserve more of the trees, garden, and green space. Furthermore, an un-crowded lot would be more consistent with the other houses in Manville Heights. Thank you for taking my concerns into account. Susan Enzle 216 Magowan Avenue Iowa City, IA 52246 6/23/2006 ~~ ~ Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-210 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH GROUNDS FOR DESSERT COFFEEHOUSE, INC. FOR APPROXIMATELY 2,460 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE COURT STREET TRANSPORTATION CENTER. WHEREAS, the Court Street Transportation Center contains commercial space being marketed for lease for commercial use; and WHEREAS, the Parking and Transit Director has negotiated a lease agreement with Grounds For Dessert Coffeehouse, Inc. for approximately 2,460 square feet of the ground floor commercial space for a term of five (5) years with two (2) successive five (5) year renewable options; and WHEREAS, the lease of said commercial space is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The lease agreement attached hereto and made a part hereof is approved as to form and content. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the lease agreement attached hereto. 3. The City Manager is hereby authorized to execute any subsequent renewal options, as provided in the attached Lease. Passed and approved this 27th ATTEST:~;'v) CI -LERK ~.~ 2roved by City Attorney's Office EriC/Parking and TranslUGrounds for DessertlResolution Approving Lease Resolution No. Page ? 06-210 It was moved by Bailey and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: x x y x x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn LEASE BETWEEN THE CITY OF IOWA CITY AND GROUNDS FOR DESSERT COFFEEHOUSE. INC. This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Grounds For Dessert Coffeehouse, Inc. ("Tenant") in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Court Street Transportation Center, and has the authority to lease said premises. B. Grounds For Dessert Coffeehouse, Inc. intends to operate a coffeehouse and bakery. C. The parties desire to enter into a lease for space in the Court Street Transportation Center, located at 345 S. Dubuque St., Iowa City, IA. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective upon execution by the parties. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term, the real property comprising approximately 2,460 square feet of floor space located in the Court Street Transportation Center, 345 S. Dubuque Street, Iowa City, Iowa, on the ground level of the Court Street Transportation Center more particularly described in the site plan on Exhibit "A" (the "Premises") attached hereto and incorporated herein, together with the continuous and uninterrupted right of access to and from the Premises. 3. TERM. The initial term ofthis Lease ("Initial Term") shall commence upon execution of the lease and shall run until May 31, 2011, unless sooner terminated pursuant to any provision hereof. Ootion to Renew. With the exception of Section 5 entitled "Rent," Tenant shall have the option to renew this Lease as provided herein, upon the same terms and conditions contained herein for two (2) successive five (5) year terms following the Initial Term. Tenant shall be required to give notice to Landlord, in writing, not less than one hundred-twenty (120) days prior to the expiration of the preceding term of Tenant's intent to exercise an option for a renewal term. If Tenant exercises its first renewal option, the Rent during said first renewal Term shall be the Rent for the Initial Term, plus an amount equal to the Rent multiplied by the percentage increase, if any, in the United States Bureau of Labor Statistics Revised Consumer Price Index (1982-84 = 100), All Items and Major Group Figures for All Urban Consumers, U.S. Average, for the month of April 2011 , over the month of April 2006. If Tenant exercises its second renewal option, the Rent during said second renewal Term shall be the Rent for the Initial Term, plus an amount equal to the Rent multiplied by the percentage increase, if any, in the United States Bureau of Labor Statistics Revised Consumer Price Index (1982-84 = 100), All {00346522.DOC} Items and Major Group Figures for All Urban Consumers, U.S. Average, for the month of April 2016, over the month of April 2006. 4. FIT-OUT. landlord will reimburse Tenant for Tenant's documented expenditures for build-out expenses not to exceed $30.00 per square foot. Landlord shall pay said reimbursement to Tenant within 30 days of receipt from Tenant of Tenant's documented expenditure for any completed build-out improvements (e.g. plumbing, electrical, HVAC, drywall, etc.). All reimbursement from Landlord will be for expenses which permanently improve the Premises, such as standard shell improvements, floors, ceiling, permanent lighting, electricity and mechanical work, handicapped accessibility, and bathrooms, including professional fees and permits for such. Expenses associated with signs, trade equipment, non- permanent lighting, fixtures, and furnishings shall not be reimbursed. In addition to the $30.00 per square foot figure, landlord will pay for the installation of a secondary emergency exit to meet Fire Code and will further make the Premises ready for electrical build out by providing conduit and transformer that will transform 480 volts into 120/208 volts for standard wiring use in the Premises. landlord will also provide and install a functional 400 amp panel in the Premises for Tenant's use. The Premises are presently Fire and Safety Code compliant. Tenant will pay to return the Premises to fire and safety code compliance should their fit-out designs cause the Premises to become noncompliant. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of two month's rent upon the execution of this lease. landlord shall return to Tenant, within 30 days of the expiration of this lease, any amount of the deposit not required to satisfy any default or breach of this lease by Tenant. Said deposit may not be offered by Tenant in lieu of regular monthly rent payments. Tenant shall pay to landlord $15.00 per finished square foot of rentable area as determined by Tenant's architect, as rent for the use of the Premises, payable in advance on or before the first day of each calendar month of the Term. Payment of rent to landlord by Tenant shall commence upon completion of the Building Improvements, commencement of any business activities, or 120 days after execution of this lease, whichever is earlier (Rent Commencement Date). If the Rent Commencement Date is other than the first day of the month, Tenant shall pay Rent to landlord for said month on a pro rata basis. Rent shall be payable to the Iowa City Parking Office, 335 E. Iowa Ave., Iowa City, IA 52240, or at such other address as landlord may designate by written notice as provided herein. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities, including, but not limited to, water, sewer, gas, and electricity. Tenant shall pay for all janitorial services and regular cleaning service to the Premises, as well as garbage removal. landlord will be responsible for any common area maintenance, including, but not limited to, exterior window cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as needed outside of this set maintenance schedule; however Tenant's enhancement of the upkeep shall not be deemed to relieve landlord of its responsibilities to perform said maintenance. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of a coffeehouse and bakery, and any other activities reasonably related thereto. The Premises may not be used for any other purpose without written approval of landlord. Neither the sale nor consumption of alcoholic beverages is allowed anywhere on the Premises. This includes both tenant-occupied areas and all common areas of the Building. 8. PARKING. The Premises includes no provision for parking. Tenant must secure its own parking. 9. QUIET ENJOYMENT. landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi-public agency or governmental authority, this lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. {00346522.DOC} 2 10. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, delayed or denied. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain liable for the payment of rent for the remaining term of this Lease. 12. ALTERATIONS. IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs and maintenance, which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Landlord hereby approves the build-out alterations described in Exhibit 'B" attached hereto. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non-structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additional to the exterior of the Premises without Landlords' speCific written approval, notwithstanding any provision contained herein to the contrary. 13. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the Premises, including for plumbing and electrical fixtures, and be responsible for maintenance of all floor coverings, HVAC (including all fixtures and facilities related to the HVAC system), water pipes inside the Premises, doors (excluding the fire door), fixtures, wall coverings, and flooring, as well as be responsible for protecting against insect and pest infestation. Landlord shall maintain and promptly make all.exterior repairs and common area maintenance, and will repair and maintain the sprinkler system (unless damage is caused by Tenant or Tenant's customers, employees, agents, or subcontractors), subfloors (excluding floor coverings), roof (including water tightness), foundation, footings, Building Systems (as {00346522.DOC) 3 herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 14. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the approval of Landlord. Tenant is responsible for care, maintenance, and replacement of any and all signs, and will remove its sign upon the termination of its tenancy. 15. TAXES. Tenant shall pay, as additional rent, on the 1st day of each month during the term of this Lease an amount calculated by Landlord to provide for payment installments of real estate taxes and special assessments, minus $4 per square foot paid by Landlord toward said taxes, as those payments accrue. The monthly payment shall be adjusted from time to time as the costs of real estate taxes are known so that the amount held by Landlord will be sufficient to pay those obligations in full and in a timely manner. Any deficiency in the amount necessary to timely pay the obligations provided for shall be promptly reimbursed by Tenant upon notice. At the end of each fiscal year a reconciliation will take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to account for all taxes accrued during Tenant's tenancy. Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so that payment can be made in a timely manner and each can document the amount of the payments due and made. If Tenant exercises any option to renew this Lease, Landlord's contribution of the real estate tax paid by Tenant shall increase by the same percentage as the percentage increase of Rent due by Tenant. 16. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general liability insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: TVDe of Coveraoe a. Comprehensive General Liability Each Occurrence Aooreoate (1) Bodily Injury & Property Damage $1,000,000 $1,000,000 $2,000,000 b. Excess Liability $1,000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. {00346522.00c} 4 17. INDEMNITY. landlord hereby disclaims, and Tenant hereby releases the landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this lease. 18. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises tO,a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this lease by giving landlord notice of Tenant's election to do so within 30 days from the date of damage or destruction or at any time prior to the commencement of the repair or restoration, whichever occurs later. In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. 19. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this lease, at Tenant's sole discretion, shall automatically terminate, without further liability other than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in writing within thirty (30) days after landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this lease in accordance with this Section, this lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. {00346522.DOC) 5 20. DEFAULTS. The following shall constitute "Events of Default": (a) Monetarv. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this lease when due, and such failure shall continue for a period of ten (10) days following written notice from landlord to Tenant; or (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruotcv: Receivership. If (i) Tenant files a petition in bankruptcy orfor reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 21. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this lease pursuant to the provisions of this lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or relelling. (d) Damaoes. In the event of any termination of this lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default, Tenant shall pay to landlord the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later less any rent or other payments received by Landlord from a subsequent tenant during said term or exercised option period. Landlord shall be required to make good faith efforts to mitigate its damages by finding a subsequent tenant. (e) Riohts Cumulative. Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or ( 00346522.DOC) 6 hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this lease, or to any other remedy allowed to landlord at law or in equity. (f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 6, taxes described in Section 15, insurance premiums described in Section 16, the cost of any of the repairs or maintenance required to be made by Tenant pursuant tQ the lease, or any other charges, costs or expenses required to be paid under the lease, landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) late Char~e. Default Rate. If landlord or Tenant does not receive payment of any installment of rent or any other sum or charge required to be paid under this lease within ten (10) days after the same falls due (regardless of whether that party has received notice of the delinquency), the party to whom payment is owing may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by that party within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non-Waiver. The failure of either party to insist upon strict performance of any of the covenants or conditions of the lease, or to exercise any options herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by landlord of any rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 22. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy. 23. ACCESS BY lANDLORD. (a) landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) landlord or Landlord's agents, representatives, or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purpose of repairing or maintaining any of landlord's property adjacent to or abutting the Premises. 24. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. {00346522.DOC} 7 (a) Landlord and Tenant shall construct all improvements according to plans and specifications that meet the requirements imposed by the Americans with Disabilities Act, (43 U.S.C. S12101 et. sea.), as amended and any regulations promulgated pursuant thereto ("ADA Requirements") effective at the time of construction of the improvements (b) Landlord and Tenant mutually agree to maintain and operate such facilities and services in compliance with the requirements imposed by or pursuant to Sections 27.7 and 27.9(b) of Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary of Transportation, Part 27, Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and as said Regulations may be amended (c) Landlord and Tenant mutually agree to maintain and operate such facilities and services in compliance with the requirements imposed by or pursuant to Section 21.5 of Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) Landlord hereby covenants and agrees to prohibit Iowa City's employees, officers, board members, or agents from participating in selection, award, or administration of a third party contract or sub-agreement supported by Federal funds if a real or apparent conflict of interest would be involved. (e ) Tenant hereby represents and warrants that neither it, nor its principals is presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this lease and from participation in any nonprocurement activities by any Federal department or agency. 25. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 26. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: Parking and Transit Director 335 E. Iowa Ave, Iowa City, IA 52240 If to Tenant: Grounds for Dessert Coffeehouse,lnc. 345 S. Dubuque St. Iowa City, IA 52240 With a copv to: Iowa City Attorney 410 E. Washington St. Iowa City, IA 52240 With a copv to: Sarah E. Swartzendruber Bradley & Riley PC One South Gilbert Street Iowa City, IA 52240 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 27. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. (00346522.DOC) 8 28. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. ~6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. ~6901, et seq.; Clean Air Act, 42 U.S.C. ~7901, et seq.; Toxic Substances Control Act, 15 U.S.C. ~2601, et seq.; Clean Water Act, 33 U.S.C. ~1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 30. SEVERABiliTY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 31. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 32. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 33. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 34. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 35. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. {00346522.DOC} IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY G=?~t_) ~ ~ Mayor GROUNDS FOR DESSERT COFFEEHOUSE, INC. By: ~ ;?ah~ Christine Peterson, President Attest: >>I~~ eJ,J. ~.w City lerk By: .;/~~ - Nathan Furler, Secretary STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ,},7 ~ day of -:J LW"- , 2006, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i SONORAE FORT o ~ Commission Number 159791 . . My Co~mission Expire. ~.......l... Q.- 'F _17 3-"/-0'1 - Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this / Z .J..J.. day of ~ lAne. , 2006, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Christine Peterson, President, Grounds For Dessert Coffeehouse, Inc., and Nate Furler, Secretary, Grounds for Dessert Coffeehouse, Inc., to me personally known, who being by me duly sworn, did identify themselves as Christine Peterson and Nate Furler, Grounds For Dessert Coffeehouse, Inc. and acknowledge the execution of the instrument to be their own voluntary acts and deeds. ~ve~: City Attorney - G~~~ .., sarall E. SWartzendruber 'i] c.....,hlL.. Number 712284 . .. Myo..l...J!Utcn expires AugUIl30. 'lJm Eric/Parking and Transit/Grounds for Dessert/Lease {00346522.DOC} EXHIBIT J A D " $ " ~~ 'm ;-r er " m I! is g~ ~ II ~ ," II m ,0 ~ r m " '.c. ~ I' m il " " ~ m , r z ~ " ,I ." r > z " m " " ~ m ~ r m " ~ m " " '" r Z " ." r ~ 'l-<V ~e~ i!_~n o"-~ :: _ ~ I}% If% IM}-%IJ-0~IJ-0[10~ [}0!]-0I~~!iiii bj'il!j";n' !!mi!H1 iii! !WI il !".:I ,i !lil il '! II II i!iil j! ~ un' I Ii! W! ; 1!! L Ii P Hi l! !i. ill dli !i,!,! ,j.", 'i!! II'! I ;1:' ! H ! I ! ! II;! 'I"" q \;, i'i ' ~ I! 1II'!lllll!!i !~:",; if ~!! ~?j i j~~ it. ~ i . rei i,. i ; ~ ~ I ~ ;;1 ~ j Iii I;~i il~~ J. i'" :~l II.~ I!~a I!i~ 1 ~ ij~ ~ ~ . ~ . IS _ ~~~~'i ~~.. i l i ~ R~ ~ ~ :"J i i ~ g s~ .._~ ~ ! ~'l'" COURT STREET I f!'11~1 i;;! I~! mlW11ll1Q ):Ii: ~ ' I ' . . it ~ ~ ~ t!lj.j 'I, I ... ~'.'.jTRANSPORTATION CENTER IOWACOTY,'OWA 11""i.'I' ~ ! Illl'lll' - ~:. I ~ ni'h~ ~ :::;11: 1 - g,~,_/ 1 st LEVEL PLAN I ,I : ! ~ 111:l: I $ ~ , : ~'l -_! ~~~ I," ~~, , , I' ~ ' 1 ~~ I' o' I , , ~r.:. ;_. .:. ~ - "'tJ I.B. I EXHIBIT I a B 0 0 0 0 ~ ~ ~~~~~u~~ i! it! itI it! itI itI itI i'OitI i'J -I ~~~~~~~~~r= tT1 tT1 tT1 tT1 m tT1 m m m u--- ;;!- ~~ ~~;s,;~~~~~~ - -\ -I -\ -I -\ -\ -\ -I -\ ~ U\ m ~~ Z li\ 0 ~ ~ ~~ I- m !"!1 ~ a~ s: -;;;;I.. "!. IU ~ . z I " ;31 - -, , , <<. ' ... _..I h- I I < [t] - -80 G) f-cJ ... ;> ~ -.0 : rt ~ So ",. r--' Ii" , ('" c;> 1 ~ :!l '" !i\ ~ - '" )>'" I S % ~>' Iii I'i ,I Ii! " 'ii I:; ii! i'l 'I' d iii !:I Iii U\ [;J!j!;' LJ::! z li\ J>..b..J>,.J>,.J>,J>..b..f>,.J>.. ~ & & . . . - - - <<<<<<<<< ~ ~;z. z. Z. % Z. Z. Z. ~ m r~rsrsrsrsrsrs? '<., ~~H~~~~~ ~ r~ 1!nn1!ni'!~:2 8 ~~~=i~~~~~ ~ 3: .\iI.\iI.\iI.\iI".\iI" C'l '" i!: :;j:;j:;j:;j:;j:;j:;j:;j:;j -j r~ ~~~~~~~~~ 2-1 ~~~~~~~~~ ~ -n z (j) :r: HH~~~~~ ~ :_lS ~;ei2~~~~j2~ z~ ~~~~~~~~~ ~ ~ :r: m o c r m ~~~~~~~~~ ~ r >: rn ~;2 i2 ~ i2 i2 i2 i2 i2 i-\ ~~~~~~~~~ ~ 1\ 1\ 1'; 1'; 1\ 1'; 1\ 1; ~ ~ -I -I -I -16 r- k: r ~ti i2 z , I I I I I 1 I ~ !jg ;:: = co 0> 0> co 0>;:::- ~ r r r ~ r ~ 1- ~ ~~~~~q,,",,q,q, . h1 E i'< '" m g ;0 I~II I II 6 ~~ ;0 ~ -~ r '"'" '" ~ 1: " " "i'! i r r ~ ~~ !" F'F' -< -< -< ~ :;j ~ ~ ~ ~ ~ '"~ NEW WORK PLANS & SCHEDULES GROUNDS FOR DESSERT COFFEEHOUSE COURT ST. TRANS. CENTER, IOWA CITY, IOWA (1Is)~:~~ ;/ LEASE BETWEEN THE CITY OF IOWA CITY AND GROUNDS FOR DESSERT COFFEEHOUSE. INC. This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Grounds For Dessert Coffeehouse, Inc. (''Tenant'') in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the own r of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as t e Court Street Transportation Center, and has the authority to lease said premises. B. Grounds For Dessert Coffeehouse, Inc. intends to opera a coffeehouse and bakery. C. The parties desire to ent r into a lease for space in the ourt Street Transportation Center, located at 345 S. Dubuque St., Iowa ity, IA. In consideration of the foregoing and th mutual covenants her, inafter contained, and for other good and valuable consideration, the receipt and s fficiency of which a hereby acknowledged by the parties, Landlord and Tenant hereby agree as foil ws: 1. DATE. upon execution by the parties. AGREEMENT 2. PREMISES. Landlord hereby lease tenant and Tenant hereby leases and takes from Landlord for the Term, the real property compri g approximately 2,460 square feet of floor space located in the Court Street Transportation Ce er, 345 S. Dubuque Street, Iowa City, Iowa, on the ground level of the Court Street Transportation Cen r m e particularly described in the site plan on Exhibit "A" (the "Premises") attached hereto and incor, orated erein, together with the continuous and uninterrupted right of access to and from the Premises 3. TERM. The initial term of is Lease ("Initi I Term") shall commence upon execution of the lease and shall run until May 31, 2 1, unless sooner t rminated pursuant to any provision hereof. Ootion to Renew. With the xception of Section 5 ehtitled "Rent," Tenant shall have the option to renew this Lease as provided erein, upon the same term~ and conditions contained herein for two (2) successive five (5) year ter following the Initial Term. Tenant shall be required to give notice to Landlord, in writing, not Ie than one hundred-twenty (120) ~ays prior to the expiration of the preceding term of Tenant's intent to xercise an option for a renewal ter~ If Tenant exerci s its first renewal option, the Rent during\aid first renewal Term shall be the Rent for the Initial Term, us an amount equal to the Rent multiplied byll1e percentage increase, if any, in the United States Bur u of Labor Statistics Revised Consumer Price Index (1982-84 = 100), All Items and Major Group Fig es for All Urban Consumers, U.S. Average, for the month of April 2011, over the month of April 2006. If Ten t exercises its second renewal option, the Rent during said second renewal Term shall be the Rent fo the Initial Term, plus an amount equal to the Rent multiplied by the percentage increase, if any, in th United States Bureau of Labor Statistics Revised Consumer Price Index (1982-84 = 100), All {00346522.DOC} Items and Major Group Figures for All Urban Consumers, U.S. Average, for the month of April 2016, over the month of April 2006. 4. FIT-OUT. Landlord will reimburse Tenant for Tenant's documented expenditures for build-out expenses not to exceed $30.00 per square foot. Landlord shall pay said reimbursement to Tenant within 30 days of receipt from Tenant of Tenant's documented expenditure for any completed build-out improvements (e.g. plumbing, electrical, HVAC, drywall, etc.). All r~imbursement from Landlord will be for expenses which permanently imp ove the Premises, such as sta' dard shell improvements, floors, ceiling, permanent lighting, electricit and mechanical work, handica ped accessibility, and bathrooms, including professional fees and perm ts for such. Expenses associ ed with signs, trade equipment, non- permanent lighting, fixtures, and furni hings shall not be reimburse . In addition to the $30.00 per square foot figure, Landlord will pay f the installation of a second ry emergency exit to meet Fire Code and will further make the Premises rea y for electrical build out b~ providing conduit and transformer that will transform 480 volts into 120/208 vo Is for standard wiring use In the Premises. Landlord will also provide and install a functional electrica panel in the Premises f r Tenant's use. The Premises are presently Fire and Safety Code complia . Tenant will pay to r urn the Premises to fire and safety code compliance should their fit-out designs ca se the Premises to ecome noncompliant. 5. RENT. Tenant shall pay a posit for dama e or default in the amount of two month's rent upon the execution of this Lease. Lan ord shall retur to Tenant, within 30 days of the expiration of this Lease, any amount of the deposit not re uired to sati fy any default or breach of this Lease by Tenant. Said deposit may not be offered by nant in li u of regular monthly rent payments. Tenant shall pay to Landlord $15.00 per finished squa e foot 0 rentable area as determined by Tenant's architect, as rent for the use of the Premises, p yabl in advance on or before the first day of each calendar month of the Term. Payment of rent to La dlord by Tenant shall commence upon completion of the Building Improvements, commencement of a y, business activities, or 120 days after execution of this Lease, whichever is earlier (Rent Commenceme Date). If the Rent Commencement Date is other than the first day of the month, Tenant shall pay Ren Landlord for said month on a pro rata basis. Rent shall be payable to the Iowa City P rking Office, 335 E. Iowa Ave., Iowa City, IA 52240, or at such other address as Landlord may design te by w 'tten notice as provided herein. 6. UTILITIES AND JANITORIA . Tenant sh II pay for all utilities, including, but not limited to, water, sewer, gas, and electricity. Tena shall pay for all janitorial services and regular cleaning service to the Premises, as well as garbage removal. Lan lord will be responsible for any common area maintenance, including, but not lim' ed to, exterior indow cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enh nce the upkeep 0 the sidewalk and exterior windows as needed outside of this set maintenance s edule; however Ten nt's enhancement of the upkeep shall not be deemed to relieve Landlord of its r sponsibilities to perfor said maintenance. 7. USE OF PREMISES Tenant shall use the Prem es for the conduct of Tenant's operation of a coffeehouse and bakery, an any other activities reasonab related thereto. The Premises may not be used for any other purpose w' hout written approval of Landlo d. Neither the sale nor consumption of alcoholic beverages is allowed anywhere on the Premises. Ttljs includes both tenant-occupied areas and all common areas of the Building. 8. PARKING. T e Premises includes no provision for p~king. Tenant must secure its own parking. 9. QUIET EN OYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the ag ements and covenants required of it hereund~r, Tenant shall peaceably and quietly have, hold an . y the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi-public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. (00346522.DOC} 2 10. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner int f simple of the Premises and has full right, power and authority to grant the estate demised herein a d to execute and perform all of the terms, provisions, covenants and agreements provided in this Lase; I (b) to the best of its knowledge, t e Premises complie with all applicable zoning requirements, ordinances, regulations, and all applicable laws, ecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to he Premises, including the Americans with Disabilities Act (or other laws affecting h~ndicapped acc s) and any environmental impact or traffic studies or requirements; and ""'1 ~ (c) the Premises does not contain nyasbesto or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in viola 'on of any ederal, state or local law, ordinance or regulation relating to industrial hygiene or to th enviro ental conditions on, under or about the Premises including, but not limited to, soil and roun.~. ater condition, and that no previous occupant of the Premises has used, generated, manufactur d, st red or disposed of on, under or about the Premises any Hazardous Materials, as determined by a C urt f competent jurisdiction. / 11. ASSIGNMENT AND SUBLETTING. 'nant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the! rior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, del~e or denied. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenl!int rees to remain liable for the payment of rent for the remaining term of this Lease. / 12. ALTERATIONS IMPROVEMEN~S AND ADDITIONS. Tenant, without Landlord's consent, may make any alterations, improvements/or additio in, on or about the Premises, which Tenant may deem necessary or desirable, except for ,structural re airs and maintenance, which are the sole obligation of Landlord, provided such alt,eration, impr ement, or addition costs not more than one thousand dollars ($1,000.00). For any improvements ceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant ~hall submit a wri en description of the proposed work along with plans and drawings respecting the saine to Landlord fo Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about he Premises if the moval may be done without structural damage to the Premises. Landlord hereby pproves the build-ou alterations described in Exhibit "B" attached hereto. Tenant's personal prope and its trade fixtures, including all machinery, equipment and furnishings, shall remain the pro erty of Tenant and may ~e removed by Tenant. Any personal property, trade fixtures, alterations, impro ements, or additions not r'\lmoved by Tenant within thirty (30) days after the end of the Term shall auto atically become the property of Landlord. Landlord shall, at its sole expense, make any alteration , improvements or additions t~ the Premises (structural or non-structural) that may be required on acco nt of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no vent shall Tenant make any changes, modifications, alternations, or additional to the exterior of he Premises without Landlords' specific written approval, notwithstanding any provision contained h rein to the contrary. 13. REPAIRS AN MAINTENANCE. Tenant shall make o~dinary interior repairs in the Premises: including for pi mbing and electrical fixtures, and be res~onsible for maintenance of all floor coverings, HVAC (including all fixtures and facilities related to the H~AC system), water pipes inside the Premises, doors (excluding the fire door), fixtures, wall coverings, an~OOring, as well as be responsible for protecting against insect and pest infestation. Landlord shall maint in and promptly make all"exterior repairs and common area maintenance, and will repair and maintain th sprinkler system (unless damage is caused by Tenant or Tenant's customers, employees, agentl1, or subcontractors), subfloors (excluding floor coverings), roof (including water tightness), foundation, footings, Building Systems (as {00346522.DOC} 3 herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay dangerous condition associated with the Building System. As used herein, 'Building Systems' mans the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such sy~tems as are not readily accessible to Tenant, such as underground water, sewer electric and other utility lines and all elevator services and maintenance services related to the Premises Tenant shall surrende the Premises in as good order, repair and condition, or better, as the same w re in the commencem nt of the Term, damage by fire and items covered by extended coverage insuranc ,unavoidable casual ,reasonable wear and tear, alterations, improvements and additions made y Tenant and Landi rd's failure to repair excepted. 14. SIGNAGE. Tenant may, at Tenant's expense, install s' nage, consistent with City Code requirements, and subject to the approval of La dlord. Tenant i responsible for care, maintenance, and replacement of any and all signs, and will r move its sign on the termination of its tenancy. 15. TAXES. Tenant shall pay, as additio al rent, on t e 1st day of each month during the term of this Lease an amount calculated by Landlord t provide f payment installments of real estate taxes and special assessments, minus $4 per square f t paid b Landlord toward said taxes, as those payments accrue. The monthly payment shall be djuste from time to time as the costs of real estate taxes are known so that the amount held by Landi rd wi be sufficient to pay those obligations in full and in a timely manner. Any deficiency in the amount necessary to ti pay the obligations provided for shall be promptly reimbursed by Tenant upon notice. At th end of each fiscal year a reconciliation will take place to refund any excess funds collected by La rd to Tenant, or for Tenant to pay Landlord whatever additional sums are needed to accoun or all taxes accrued during Tenant's tenancy. If Tenant exercises any option to re w this Leas ,Landlord's contribution of the real estate tax paid by Tenant shall increase by the sa e percentage s the percentage increase of Rent due by Tenant. ovide the other with copies of statements for taxes so and e ch can document the amount of the payments Tenant and Landlord agree to promptly that payment can be made in a timely mann due and made. 16. INSURANCE. Tenant co nants and agrees hat it will at its own expense procure and maintain general liability insurance' a company or com anies authorized to do business in the State of Iowa, in the following amounts: a. Each Occurrence Aaareaate Tvoe of Coveraae (1) Bodil Injury & Property Damage $1,000,000 $1,000,000 $2,000,000 $1,000,000 b. c. Worker's Compensation Insurance as required y Chapter 85, Code of Iowa. \ Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. ( OOJ46522.DOC) 4 17. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by enant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss damage or injury to the prope y of Tenant that may be located or stored in the Premises, unless su h loss, damage or injury is ca ed by the Landlord's gross negligence or intentional willful misconduct. he parties hereby agree that nder no circumstances shall the Landlord be liable for indirect, conseque tial, special or exemplary da ages, whether in contract or tort (including strict liability and negligence), ch as, but not limited to, 10 s of revenue or anticipated profits or other damage related to the leasing f the Premises under this ease. 18. DAMAGE OR DESTRUCTION. If th Premises is damage or destroyed in whole or in part by fire or other casualty, Landlord shall repair a restore the Premis s to a good tenantable condition. All rent shall wholly abate in case the entire Pre 'ses is untenantab ,or shall abate pro rata for the portion rendered untenantable in case a part only 's untenantable, ntil the Premises is restored to a tenantable condition. Landlord shall commence and complete all ork required to be done under this Section with reasonable promptness and diligence.\ln the event andlord repairs or restores the Premises, the rent due under this Lease shall be ab~ted or red ed proportionately during any period which, by reason of such damage or destruction, th~\e is any i terference with the operation of the business of Tenant. If Landlord does not commence the repai or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restorlltion ill require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this L se by giving Landlord notice of Tenant's election to do so within 30 days from the date of dama~ destruction or at any time prior to the commencement of the repair or restoration, whichever de urs later. In that event, this Lease shall terminate as of the date of such damage or destruction, ithout further liability other than accrued but unpaid rent, utilities and or applicable taxes. 19. CONDEMNATION. If all the Premises or substantial portion thereof is taken by condemnation or under the power of eminent domai ,or sold under the threat of the exercise of said power (all of which are herein called "condemnatio "), this Lease, at Tenant's sole discretion, shall automatically terminate, without further liability ot~r than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning ,authority takes title or possession, whichever occurs first. ; ~ If any other taking (of the Premise,s or otherwise) ad ersely and substantially affects Tenant's use, access, or rights of ingress or egress of" or to the Premises, hen Tenant may elect to terminate this Lease as of the date the condemning authQ'rity takes possession, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in writing within thirty (30) days after Land~d has given Tenant writter notice of the taking (or in the absence of such notice, within fifteen (1 ) days after the condemning authority has taken possession). If Tenant does not terminate this Lease i accordance with this Sectiol1, this Lease shall remain in full force and effect as to the portion of the prer,iises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the va e and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any d mage to the Premises caused b ' condemnation and restore the remainder of the Premises to the re sonable satisfaction of Tenant. Any award or payment ade upon condemnation of all or an part of the Premises shall be the property of Landlord, whether uch award or payment is made as co pensation for the taking of the fee or as severance damages; pr ided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to ant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for it;' loss of business or the leasehold herein created or any other consequential or special damages, uch as Tenant's relocation and moving expenses. . {00346522.DOC) 5 20. DEFAULTS. The following shall constitute "Events of Default": (a) Monetarv. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this Lease when due, and such fail re shall continue for a period of ten (10) days following written notice from landlord to Tenant; or (b) Non-performance. Ten nt shall fail to observe or perfor any of the other covenants, terms or conditions contained in the Le se, or a warranty made by Ten nt shall fail to be accurate and complete, and such failure shall continu and not be cured for a perio of thirty (30) days after written notice by Landlord to Tenant, provided t at if the default is not reaso ably susceptible of being cured within thirty (30) days, an Event of Defa t shall occur only if the Te nt fails to promptly commence such cure or fails thereafter to diligently pursu such efforts to completio ; or (c) Bankruptcv: Receivership. If (i) Tenant files a pe tion in bankruptcy or for reorganization or for an arrangement pursuant to any pres nt or future federal r state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or inso ent, or makes an assignment for the benefit of its creditors, or admits in writing its 'nability to pay it debts generally as they become due, or if a petition or answer proposing the adjudicatio of Tenant as bankrupt or a reorganization of Tenant under any present or future federal or state ba ruptcy law any similar federal or state law is filed in any court and such petition or answer is not dis arged or enied within thirty (30) days after the filing thereof; or (iI) A receiver, trustee or liquidator of enant of II or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof i appoi ted in any proceeding brought by or against Tenant and is not discharged within thirty (30) day after uch appointment or if Tenant consents to or acquiesces in such appointment. 21. REMEDIES. Upon the occurrence of an Event of Defa It by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord ma take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elec to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and pon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as f~' lIy and completely and with the same effect as if such date were the date herein fixed for expiration of the Jerm and Tenant shall remain liable as provided in Section (c) below. / (b) Eviction. Landlord shall hr/e the immediate righ\ upon termination of this Lease to bring an action for forcible entry and detainer. \ (c) Tenant to Remain Liab I. No termination of this Le~se pursuant to the provisions of this Lease, by operation of law or otherwis ,and no repossession of the,Premises or any part thereof pursuant to this Lease or otherwise s II relieve Tenant of its liabiliti~ and obligations hereunder, all of which shall survive such termination, epossession or reletting. . (d) Damaaes. In the e ent of any termination of this Leaseor eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an El(ent of Default, Tenant shall pay to Landlord the rent and other su s and charges required to be paid by Tenant for the period to and including the end of the applicabl Term or expiration of an exercised option period as provided for by Section 3 above, whichever is lat r less any rent or other payments receilf:ed by Landlord from a subsequent tenant during said t m or exercised option period. Landlord s,hall be required to make good faith efforts to mitigate its damag s by finding a subsequent tenant. · (e) Ri hts Cumulati e Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exc usive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or {00346522.DOC} 6 hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened 'olation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree ompelling performance of t is Lease, or to any other remedy allowed to Landlord at law or in equity. (f) . If after written notice, Tenant ils to pay any utilities charges described in Section 6, taxes described Section 15, insurance premiu s described in Section 16, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease, or any other charges, costs or expenses require to be paid under the Lease, L ndlord shall have the right, but not the obligation, to make all such payme ts, and in addition to its othe remedies under this Lease, Landlord shall have the option of requiring enant to repay to Landlord e amount of such payments (which shall be deemed additional rent here nder) on demand with int est after demand at 10% rate per annum. (the "Default Rate"). (g) Late CharQe. Default Rate. If ndlord or Tenant do s not receive payment of any installment of rent or any other sum or charge r quired to be paid u der this Lease within ten (10) days after the same falls due (regardless of whether t at party has recei ed notice of the delinquency), the party to whom payment is owing may impose a la e charge equal 0 five percent (5%) of the amount of such delinquent sum and if such sum is not receiv~d by that part within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate fro the due date until the date paid. (h) Non-Waiver. The failure of either party to insi t upon strict performance of any of the covenants or conditions of the Lease, or to exercise any opti ns herein conferred in anyone or more instances shall not be construed as a waiver or relinq . ishm nt for the future of any such covenant, condition, or option, but the same shall be and remain n fu force and effect. The receipt by Landlord of any rent or any other sum payable hereunder with kno Ie ge of the breach of any covenants or agreements contained herein shall not be deemed a wa ver of such breach. 22. HOLDING OVER. If Tenant remains in pos e sion of the Premises after the expiration or termination of this Lease, and without the execution 0 a ew Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-to- onth, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applic Ie to a month-to-month tenancy. 23. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents representati es or employees shall have the right at any time upon at least twenty-four (24) hours oral otice (except i emergencies, in which case only such notice, if any, as may be feasible under the rcumstances sh II be required) to enter upon the Premises for the purposes of inspecting the same, d ermining whether his Lease is being complied with, and curing (as permitted herein) any default b Tenant. (b) Landlord or Landlord's gents. representatives or employees shall have the right at any time upon at least twenty-four (24) hou s oral notice (except in ergencies, in which case only such notice, if any, as may be feasible und r the circumstances shall e required) to enter upon the Premises for the purpose of repairing or maint ning any of Landlord's prop rty adjacent to or abutting the Premises. 24. NON-DISCRIMINATIO. Tenant covenants, in conside\ation of the right to lease the Premises that Tenant, its employes, and agents shall not discrimi~te against any person in employment or public accommod tion because of race, religion, col r, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marit I status or age. "Employment" shall include but not be limited to hiring accepting, registering, classifying, upgrading, or referring to employment. "Public accommoda n" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. {00346522.DOC) 7 (a) landlord and Tenant shall construct all improvements according to plans and specifications that meet the requirements imposed by the Americans with Disabilities Act, (43 U.S.C. ~12101 et. sea.), as amended and any regulations promulgated pursuant thereto ("ADA Requirements") effective at the time of construction of the improvements (b) landlord and Tenant mutually agree to maintain and operate such facilities and services in compliance with the requirements imposed by or pursuant to Sections~7.7 and 27.9(b) of Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, 0 Ice of the Secretary of Transportation, Part 27, Nondiscriminati n on the Basis of Disability in Pro rams and Activities Receiving or Benefiting from Federal Financial Assi tance, and as said Regulations ay be amended (c) Landlord and Tenant m ually agree to maintain and ope ate such facilities and services in compliance with the requirements impo ed by or pursuant to Section 2 .5 of Title 49, Code of Federal Regulations, Department of Transportatio ,Subtitle A, Office of the Secr, tary of Transportation, Part 21, Nondiscrimination in Federally-Assisted Pr grams of the Department of ransportation-Effectuation of Title VI of the Civil Rights Act of 1964, and s said Regulations may b amended. (d) landlord hereby covenants nd agrees to prohibit I a City's employees, officers, board members, or agents from participating selection, award, or administration of a third party contract or sub-agreement supported by Fede al funds if a real or pparent conflict of interest would be involved. (e) Tenant hereby represents and arrants that ither it, nor its principals is presently debarred, suspended, proposed for disbarment, clared ine gible, or voluntarily excluded from participation in this lease and from participation in ny nonp, ocurement activities by any Federal department or agency. 25. APPLICABLE LAW. The laws of the State f Iowa shall govern the validity, performance and enforcement of this Lease. \ 26. NOTICES. Notices, statements and oth r co munications to be given under the terms of the Lease shall be in writing, unless otherwise provid d herei ,and sent by certified or registered mail, or by commercial courier, return receipt requested, a address d as follows: If to landlord: Parking and Transit Director 335 E. Iowa Ave, Iowa City, IA 52240 I to Tenant: ounds for Dessert Coffeehouse, Inc. S. Dubuque St. City, IA 52240 With a CODV to: Iowa City Attorney 410 E. Washington St. Iowa City, IA 52240 The address and erson for written communication may be changed upon ten (10) days' written notice to the other p y. 27. WAIVER OF ~BROGATION. Landlord and Tenant and all rties claiming under or through them hereby mutually rejease and discharge each other, any other tenan or occupants of the building in which the Premises i located, and the officers, employees, agents, rep sentatives, customers and business visitors of La dlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from 0 caused by any hazard covered by insurance on or i . connection with the Premises or said buildi g, even if caused by the fault or negligence of a released party. This release shall apply only to the xtent that such claim, loss or liability is covered by insurance. {00346522.DOC) 8 28. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting frof!l Tenant's activities on the Premises. 29. HAZARDOUS MATERI LS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammab explosives, dangerous substances., pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by a governmental authority havin Jurisdiction over the Premises, any substances defined as 'hazardou substances," "hazardous m terials" or "toxic substances" in the Comprehensive Environmental Respo se Compensation and Li ility Act of 1980, as amended, by Superfund Amendments and Reauthor ation Act 42 U.S.C. ~6 1, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. ~6901, et eq.; Clean Air Act, 4 U.S.C. ~7901, et seq.; Toxic Substances Control Act, 15 U.S.C. ~260 ,et seq.; Clean W er Act, 33 U.S.C. ~1251, et seq.; the laws, regulations or rulings of the state in hich the Premi s is located or any local ordinance affecting the Premises; or the regulations dopted in pub cation promulgated pursuant to any of such laws and ordinances. 31. ENTIRE AGREEMENT. This Leas nd any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenan ,p mises, agreements, and conditions between Landlord and Tenant concerning the Premo es a this Lease and there are no covenants, promises, agreements or conditions, either oral or itten, b tween them. This Lease may not be modified or amended in any manner except by an i trument i writing executed by the parties hereto. 30. SEVERABILITY. The invalidity or nenfo ceability of any provision of this Lease, as determined by a court of competent jurisdictio ,s II in no way affect the validity of the remainder of this Lease or any other provision hereof. 32. BINDING EFFECT. The c enants, condi 'ons and agreements contained in the Lease shall bind, apply to and inure to the benefi of the parties h eto and their respective successors. 33. ATTORNEY FEES. If ither party named h rein brings an action to enforce the terms of this Lease or to declare rights here der, the prevailing pa y in any such action, on trial or appeal, shall be entitled to its reasonable attor ey's fees to be paid by 10 ing party as fixed by the court. 34. HEADING. Hea . gs as to the contents of parti ular sections herein are inserted only for convenience, and are in n way to be construed as a part 0 the Lease or as a limitation on the scope of the particular section to w ich they refer. \ 35. COUNTER ARTS. This Lease may be executed in l;ounterparts, each of which shall be deemed to be an origi al and all of which shall, when taken toge\her, constitute but one and the same ;~l,"m,'" \ {0034652Z.DOC) IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY GROUNDS FOR DESSERT COFFEEHOUSE, INC. On this day of , 2006, before me, the undersigned, a notary public in and for the State of Iowa, personally ap eared oss Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, 'd sa that they are the Mayor and City Clerk, respectively, of said municipal corporation executi g e within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corpora' n; that said instrument was signed and sealed on behalf of said municipal corporation by authority of s City Council; and that the said Mayor and City Clerk as such officers acknowledged that the ex u 'on of said instrument to be the voluntary act and deed of said corporation, by it and by them vol taril executed. By: Mayor Attest: City Clerk STATE OF IOWA ) ) ss: JOHNSON COUNTY ) N~ary Public in and for the State of Iowa \ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2006, before me, the undersigned, a Notary Public in and for the State of 10 a, personally appeared Christine Peterson, President, Grounds For Dessert Coffeehouse, Inc., an Nate Furler, Secretary, Grounds for Dessert Coffeehouse, Inc., to me personally known, who being y me duly sworn, did identify themselves as Christine Peterson and Nate Furler, Grounds For Desse Coffeehouse, Inc. and acknowledge the execution of the instrument to be their own voluntary acts an deeds. .~ City Attorney Notary Public in and for the State of Iowa \ Eric/Parking and Transit/Grounds for Dessert/Lease {00346522.DOC} N\r~ ~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-211 RESOLUTION AUTHORIZING CONVEYANCE OF AN EASEMENT TO QWEST CORPORATION FOR UTILITY LINES. WHEREAS, Runway 7/25 at the Iowa City Municipal Airport is currently being extended; WHEREAS, as part of the runway extension project, grading will need to occur in City right-of- way along Dane Road in which Qwest Corporation has utility lines; and WHEREAS, because the grading will disturb Qwest Corporation's lines, the lines will need to be moved, and Qwest has requested an easement on the proposed relocated site. WHEREAS, on June 13, 2006, the City Council adopted a Resolution declaring its intent to convey an easement to Qwest Corporation, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute an easement conveying the property legally described in the easement plat, which is attached, marked Exhibit A, and incorporated herein. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 27th day of June , 2006. f2u(.)J)L MAYOR ATTEST: fJ1~....J ..-J!. ~ CITY ERK Approved by '>~ & G-((,-c)o City Attorney's Office Resolution No. Page ? Ofi-?11 It was moved by Chamoion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Correia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn R:At1I~11 ..A .. I I I ACQUISITION PLAT IOWA CITY MUNICIPAL AIRPORT RUNWAY 7/25 EX TENS ION CITY OF IOWA CITY. JOHNSON COUNTY. IOWA OWNER_ CITY OF IOWA CITY COUNTY PARCEL NO. 1020178001 AND 1021252001 PERMANENT EASEMENT ::"-"~"-"-"-c.._...-...-:.~:..-..~..~..-::.~.:.-.._....-.._.._...~ . \( _...".._J j', ._"..... ~ 2656.66' R I lOOT SURVEY) . FO ,,,. AE8AA :;l to. : '''(0 " I NI/4COASE:C2II-'Q'6 ....\(0 : ~''''o.' ~ I ~. ~ NQq'44'81'E 1328.31' M ",0.. .. ':"t: 1328.18' R I lOOT SLAVEYI \..~ "'. ~....\ ~ g ~" '4-'" i N25"3I'4Q"1I ~.J ~ _n_u _.._.._.._u_.______._u __.._u____"__'_"_"_U_" . :; ~ . ~ . DESCRIPTION. PEl'lMNENT EIlSEtIENT ;; "" EASEMENT I.... FEET VIDE. BEING SIT1JlIIlTEO IN PART OF THE ~ NllRnEAST 1/4 OF SECTlttt 28. lOVNSHIP 7<1 NORTH. RANGE 6 WEST OF THE !lTH PAINCIPlIIlI.. MERIDIAN. N<<l PART OF THE NOATHIIEST lJ'4 OF seCTION 21. TOWNSHIP 7'1 NORTH. RANGE 6 IIEST OF TIE 5TH ! Pf'lINCIPAL MERIDIAN. ALL IN THE CITY OF IOVjlt, CITY. COL,.NTv Of' ,. ,. ~. STATE OF IOWA, SAID II.. FOOT WIDE EASEMANT IS ~,.'" 8O.KIEO ON THE NORTH BY TME PRESENT SOUTtEASTEAl y ~' .'" AIOHT.(lF.",ol' LINE OF HIOHlMY I ANO ON THE SOUTH 8Y THE i 'I" 'I" NORTHERLY LINE OF JJR DAVIS 2M3 ADDITION. ANO LYING 5,. FEET ON ... ,.~ ,,,,,,,,' EACH SIDE OF THE FOLLOWING DESCRIBED LINE. a! 'tt -.' c,"'<., COMMENCING AT U€ EAST 1/<1 CMNEA OF SAID SECTION 29. TtENCE ~ I :"- ~ NORTH II' CDEGREESI ". IMINUTESI 45' ISECOtO$I EAST cASSU€D NI2'28'28'1I lI'.~ BEARING FOR THE PlJAPOSE OF THIS DESCAIPTlOHI ON THE EAST LINE . I ~ N5"J'34'35'E 228.35' OF TIE NORTHEAST 1/<1 OF SAID SECTION 21, ALSO BEING TIE . EASTEALY LINE OF ....R DAVIS 2M3 IlOOITION, 372.67 FEET TO THE I NORTHEIlSTEALY COANEA OF J..R DollYlS 2ND llOOITION. THENCE W SOUTH 62'~'15' lIEST ON THE HORTHEFlLY LINE OF JJR DAviS 2ND I ~SliJlI'17'45'E 2655....' H ::'!:~!:: rA5~~ ~~qIOF~~'Pef~NC'f ~~":~'~~~s~I~..I' r NlJI'lq'5)'E 25~ FEET. THENCE NORTH 5'1'34')5' EAST. 228.35 FEET. THEN:E NORTH 28'27'28' lIEST. 546,47 FEET. THENCE SOUTH &<l'zq'52' lIEST. 47,73 26S4.22' A c lOOT SlIlYEYI FEET. TtENCE NORTH 25'31'4'1' IIEST. 3115.25 FEET TO THE ~SENT SOlJTtEllSTERLY RJOHT-OF'WlY LINE OF HIGHlIAY I. N BY SUAVEY CONTAINING 14,'147 SOJAAE FEET. OR 1.34 ACRE. i EAST LINE NEI/ EarthTech ~Il.J"'" 1lO11; ~ 1U7.75~IIE=O ~JlDIl_IYS i .\~___lS_)l,_ _lII_lStoolIilI..IlIIS-.. I 447....".flE A'fqco ~Ud.eo.p." I .._..___J.~~&..L~.!J!L..____.._.._.._.._.._.._.._.._.._.._.._ . ____.._.._.._n__,_"_d_.._.._.__n_u_,_. ...~ ..., I 61712006 7:52:20 AM ................. .................................. .... ....................................... ............ ............................................. ..... i I I , I I I ~B ,..,., LiLJ Prepared by: Mitchel T. Behr, Asst. City Ally., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-212 RESOLUTION APPROVING OF A THIRD AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROUGH 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - PART TWO WHEREAS, The North Airport Development Subdivision and North Airport Development Part Two Subdivision include commercial lots which have been marketed for sale to the general public; and WHEREAS, City has entered into a purchase agreement for the sale of approximately 21.76 acres of property lying within Lots 10 through 17 of North Airport Development Subdivision and Lots 2 through 4 of the North Airport Development Subdivision - Part Two to Wal-Mart Real Estate Business Trust; and WHEREAS, Wal-Mart Real Estate Business Trust is requesting that the purchase agreement be amended to provide for the sale of additional land, up to an additional 1.5 acres adjacent to the east of the approximately 21.76 acre subject parcel, at the price of $4.95 per square foot, in accordance with the terms of the attached Third Amendment to Purchase Agreement; and WHEREAS, upon public hearing, amendment of the purchase agreement, to provide for the sale of additional land, up to an additional 1.5 acres adjacent to the east of the approximately 21.76 acre subject parcel, at the price of $4.95 per square foot, in accordance with the terms of the attached Third Amendment to Purchase Agreement is found to be in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby approve the attached Third Amendment to Purchase Agreement between the City of Iowa City and Wal-Mart Real Estate Business Trust. 2. The City Clerk and Mayor are hereby authorized to execute said Third Amendment to Purchase Agreement and any and all documents, in a form approved by the City Attorney's Office, necessary to dispose of the property in accordance with the purchase agreement as amended. Passed and approved this 27th day of .Tune , 20----'l..6....-. (2u~ MAYOR ATTEST: ~~LA'~ K. CITY ERK tlavJ Approved by / Itllic c.. ~ t y ttorne s Office b/~m(., Resolution No. Page ? 06-712 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: x x x x Elliott the Resolution be NAYS: x 1( x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn IOWA - Iowa City Store #1721-02 Iowa City, Iowa Store Number 1721-02 THIRD AMENDMENT TO PURCHASE AGREEMENT Effective Date: ,2006 THE CITY OF IOWA CITY, IOWA ("Seller") W AL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Buyer") WHEREAS, Seller and Price Properties ("Price") entered into a Purchase Agreement (as amended, restated or otherwise modified, including the First Amendment (as defined below), the "Purchase Agreement") dated effective February 9, 2005, covering approximately 21.76 acres of property out of North Airport Development Subdivision and North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4 of North Airport Development Subdivision, located in the City of Iowa City, Johnson County, Iowa, as described and/or depicted on Exhibit A attached to the Purchase Agreement; and WHEREAS, the rights, title and interests of Price under the Purchase Agreement were assigned to Buyer pursuant to that certain Assignment of Purchase Agreement dated April 6, 2005; and WHEREAS, Seller and Buyer amended the Purchase Agreement pursuant to that certain First Amendment to Purchase Agreement (the "First Amendment") with an effective date on or about October 18, 2005, pursuant to which Seller and Buyer extended the outside date of Closing to January 31, 2005 unless otherwise mutually agreed to in writing by Seller and Buyer; and WHEREAS, Seller and Buyer amended the Purchase Agreement pursuant to that certain Second Amendment to Purchase Agreement (the "Second Amendment") with an effective date of December 13, 2005, pursuant to which Seller and Buyer extended the outside date of Closing to July 31, 2006 unless otherwise mutually agreed to in writing by Seller and Buyer; and WHEREAS, Seller desires to purchase and Buyer desires to sell to seller up to an additional 1.5 acres of real property contiguous to the Property upon the terms and conditions more fully set forth below; and WHEREAS, Seller and Buyer have agreed to amend the Purchase Agreement to provide for the purchase of the additional property on the terms and conditions as hereinafter set forth; I 4830-8984-4481.3 Iowa City, IAf#I72I-02 6/19/06 Document Version 3 LawPack Number: 164765 NOW THEREFORE, for and in consideration of the mutual covenants of the parties as set forth in the Purchase Agreement and herein, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by each of the parties, it is agreed by Seller and Buyer as follows: I. Interoretation: Definitions. This Third Amendment to Purchase Agreement (the "Third Amendment") shall be construed with and as a part of the Purchase Agreement. In the event of any conflict between the terms of this Third Amendment and the terms of the Purchase Agreement, the terms of this Third Amendment shall be deemed to supersede and control. All defined terms used in this Third Amendment shall have the respective definitions provided for such defined terms in the Purchase Agreement unless herein otherwise expressly provided. 2. Sale and Purchase. Section I of the Purchase Agreement is hereby amended to provide that the Property to be purchased pursuant to the Purchase Agreement shall be the approximately 21.76-acre tract of land more particularly described or depicted on Exhibit A attached to the Purchase Agreement, together with up to an additional 1.5 acres contiguous to the property described on Exhibit A to the Purchase Agreement (such additional 1.5 acres, the "Additional Property"), such Additional Property as included in "Lot I" and "Lot 2" set forth on the final plat of Aviation Commerce Park North, to be approved by the City in connection with the resubdivision and replatting of the Property. 3. Purchase Price. Section 2 of the Purchase Agreement is hereby amended to provide that the purchase price applicable to any portion of the Additional Property purchased shall be $4.95 per square foot of the Additional Property so purchased. At Closing, the Purchase Price shall be increased by such amount. 4. Counterparts. This Third Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute but one and the same instrument. Execution of this Third Amendment by Seller and Buyer may be evidenced by the facsimile or electronic transmission (e-mail) exchange of separately executed counterparts. 5. Affirmation. Except as herein amended, the Purchase Agreement is hereby ratified and affirmed in its entirety by the parties. 2 4830-8984-4481.3 Iowa City, IN#1721-QZ 6/19106 Document Version 3 LawPack Number: 164765 IN WITNESS WHEREOF, the parties have executed this Second Amendment to be effective as of the day and year first above written. WITNESS OR ATTEST: SELLER: "}n /lALd-x/"1:. ~ ~rian K. Karr (print name) THE CITY OF IOWA CITY, IOWA B,(;2LJ Name: Ross Wi 1 burn Title: Mayor Date: June 27 ,2006 WITNESS OR ATTEST: BUYER: (print name) W AL-MART REAL EST ATE BUSINESS TRUST, a Delaware statutory trust By: Name: Title: Michael E. Gardner Assistant Vice President ,2006 Date: 3 4830-8984-4481.3 Iowa City. IN# 172 1-02 6/19/06 Document Version 3 LawPack Number: 164765 .. \0 Marian Karr From: Sent: To: Subject: Emily [emmy1769@mchsLcom] Friday, June 23, 2006 9:29 PM 'City Council Walmart I strongly urge you to support your agreement to allow Walmart to expand. The referendum is not necessary. I would make the following points: 1) The presence of Walmart in the area has been a boon to those customers who seek to buy products within their budget boundaries, as well as others. 2) Were there no need for such a store, it would not have been successful--despite the fact that there is a Super Walmart store in Coralville (which also meets the needs of many customers in that area). 3) The above two points alone would suggest that it is in the interests of the majority of residents and for that reason there is no need for a referendum. 4) In addition, despite the protestations of some, Walmart has provided jobs tD members of our community. Their expansion will provide more. 5) There is no good reason for the City of Iowa City to retain the land Walmart seeks to acquire. In fact, it is a happy situation for our city. 6) We will always have situations in which some group or other will be in opposition, however small the group. This is also a sign that there are many thinking people in our area and they deserve a voice, however wrong their judgment may be. I happen to have confidence in you, our Council, and believe you will agree that the land should be allowed to Walmart. I wanted to contact you to give you encouragement in making the right decision. I hope you will not disappoint me. One of your constituents. Emily K. Bennett 1 ~+B ,..,., LiLJ Prepared by: Sarah Okerlund, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 06-213 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RIDGE ROAD WATER MAIN BORING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. ." 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 1 0:00 a.m. on the 18th day of July, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 18th day of July, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 27th day of June , 20 06 ~LJ.R=-- MAYOR ATTEST: /7~;A~ k. .~ CITYERK Approved by /ff.~ c,!-zrfr)(p City Attorney's Office pweng\resVidge rd.doc Resolution No. Page ? 01';-71, It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x x x x x X O'Donnell the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~/')" Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa CONSULTANT AGREEMENT THIS AGREEMENT, made and enter d into this day of , , by and between t e City of Iowa City, a municipal corporation, hereinafter referred to as the City and Howard . Green Company, of Cedar Ra~ids, Iowa, hereinafter referred to as HRG. I WHEREAS, the design of a new bridg over the Iowa River on McCollis er Boulevard in Iowa City, Iowa approximately one mile sout of Iowa Highway 1 has been quested for the purpose of providing traffic congestion relief. Tht project is to complete the sign of the proposed bridge according to Iowa Department of ransportation and Ameri n Association of State Highway and Transportation Officials gui eHnes. HRG will also mplete Mussels Survey of the Iowa River in the vicinity of the proposed tructure as suggest by the McCollister Boulevard West Environmental Assessment dated J uary 2006 as w as coordinate all work with the McCollister Roadway design team. I. SCOPE OF SERVICES NOW THEREFORE, it is agreed by and b twee he parties hereto that the City does now contract with the Consultant to provide service as et forth herein. Consultant agrees to perform the followin satisfactory manner. for the City, and to do so in a timely and Task 1 1.1 Development of Detail Work Plan Prepare a detailed work pi n with specific staff assignm nts, by task, corresponding to the schedule. 1.2 Coordination w' City Maintain communi tions with City of Iowa City. On a month basis meet with City staff to review progress to discuss specific elements of the project ssume two (2) consultant staff will attend elev (11) meetings). Prepare minutes of meetings nd keep documentation of other commu cations. 1.3 Coordi ation with Roadway Consultant. \ Maintain mmunications with the McCollister Boulevard Roadway Consultant. At key decision points d ring the project, coordination with the Roadway Consultant is'required to complete this project,' Prepare minutes of meetings and keep documentation of other communications. The rough division of responsibilities between HRG and the Roadway Consultant is as follows: C:IWINDOWSITemporary Internet FilesIOLKS4\SOS-OS200S-McCollister Blvd REVS.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa onsibilities Com Ie Indiana Bat Surver I 1.4 Subconsultant Management / This project will involve management of subco sUlta~s for the purpose of a Mussel Survey and geotechnical consultation. . 1.5 Project Monitoring and Progress Reports Maintain the system for monitoring progress an expenditures to allow monthly tracking by task. Prepare and submit monthly progress reports ining the following: . Activities during the reporting period a d tivities planned for the following month, . Problems encountered and recomm ded olutions, and . Overall status. / / 1.6 Quality Control Plan / Establish review and checking procedures for projec deliverables. Designate responsibility for implementation of the Plan. ,I i Task 2 - Survey 2.1 Horizontal and Vertical Co.r'1trol Surveys It is assumed that horizontal arid vertical control will be pro ided by the Roadway Consultant. Consistent control systems b~een bridge design and roa ay design teams will aide in coordinating horizontal alignrhent and profile information bet een the teams. HRG will verify existing cqiltrol and establish an estimated two ) horizontal control points and two (2) vertical bench m~rks on each side of the river for the bri e design project. Each permanent control pointor benchmark shall have horizontal coor 'nates and elevation, recovery information, monument description, monument name and a sketch howing ties to at least three natural or manmade pbjects. Accurate descriptions of the horizont control points and benchmarks will be Created and recorded. 2.2 TopographiciSurvey HRG shall coordinate this work with the topographic surveys completed r the roadway project. It is assumed th~t the roadway design consultant will provide Mainline Su y, consisting of all planimetric feqiures and terrain surveyed as a 25-foot grid plus breaklines. ainline Survey area will be approximately 20D-feet wide centered on the proposed McColliste Blvd. alignment on each side(of the river for a minimum distance of 300-feet. C:IWINDOWSITemporary Internet FilesIOLK64\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City I Iowa HRG will provide Iowa River channel cross sections required to complete the hydraulic design of the bridge. This will consist of three (3) cross sections of the river, including determination of the channel bottom. Location and size of the existing piers of the CRANDIC Railroad bridge over the Iowa River approximately 300 north of the proposed McCollister Blvd. alignment will also be located. Topographic information will be onverted to a MicroStation vB file for us~ as existing ground information to develop the bridg design. Note: All final documents Will/be converted to the City's CADD file Standard. / 2.3 Utility Survey tl / It is assumed that utility informa ion, including utility owner contact 'nformation, will be collected and provided to HRG by the Ro dway Consultant. Utilities to be rovided may include but are not limited to: phone, fiber optic,\cable television, natural gas, ter, underground electrical, sanitary sewer and storm sewer. A coordinate listing of the pints surveyed and a plot showing the field surveyed utilities with el vations provided for sanit and storm sewers shall be provided. .Show utility name and escribe the utility on th isting and the plot. HRG will incorporate utilities into the CAD file Basemap. 2.4 Survey Soil Boring Location HRG will provide the boring station cations and c rdinates for soil borings with ground elevations at each boring. It is estim ted that 5 s I borings will be staked. 2.5 Survey Pier Locations for Muss I Surv HRG will provide the location of the cen erlin of each river pier by locating a small float in the river. It is estimated that four (4) floats '11 e required. Additionally, stakes will be set at 100- foot intervals along the banks of the Iowa iver from 100-foot upstream to 500-feet downstream of the proposed bridge to identify the m s I buffer zone needed to complete the mussel survey. 2.6 Right-of-Entry Right-of-Entry to properties for su eying assoc ted with design of the bridge will be obtained by HRG. This includes identifyi the properties hat right-of-entry is required and mailing a letter to each property owner e plaining the surve work required on their property. It is anticipated that HRG will acq Ire right-of-entry fro three (3) parcels, including City property. 3.2 Concept Statem nt HRG will develop thl Concept Statement according to t e Iowa Department of Transportation (DOT) requirement and prepare for submittal of the state ent by the City to the Iowa DOT. 3.2 Determine pproximate Bridge Parameters The intent is t develop a bridge that can be expanded fro 3-lanes to 4-lanes in the future. Additionally, ree (3) aesthetics concepts will be developed t tie the new bridge to the City's District Pia ing concept. 3.3 Aesthetic Design Charette The City, key Stakeholders, and the Roadway Consultant will be included in a Design Charette to identify the aesthetic needs for this project. The design charette shall be a one-half day meeting with stakeholders and City Staff to generate aesthetic concepts for the bridge design. C:IWINDOWSITemporary Internet FilesIOLK64\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa HRG Staff shall facilitate the meeting and develop sketches and concepts during the charrette to be used for conceptual bridge design. It is assumed that three staff members from HRG shall attend the meeting. HRG shall compile .and distribute results from the Design Charette to attending stakeholders and City staff. O~tiQns or relative cost to compare alternatives will be prepared. Deliverables for this task incl de sketches from the Design Charette and alternative documentation with costs to be in uded with Conceptual Design Technical Memorandum. 3.4 Conceptual bridge layout i Conceptual bridge layouts includin . approximate location, overallleng!h and number of spans, overall width and number of lanes ill be developed for each alterna ve. From these layouts and concepts, order of magnitude co t opinions will be developed. It's anticipated that three (3) alternatives with opinion of probable osts will be developed. Preli inary and Final Plan will be completed for the concept deemed to est meet the city's needs. The deliverable will be a Conceptual esign Technical Mem andum that explains the design alternatives and associated costs. 3.5 Preferred Alternative Selection eview Meetin The City, key Stakeholders, and the oadway Con Itant will be included in a Preferred Alternative Selection Review Meeting t nd select the preferred aesthetic and structural alternative for this project. H all facilitate the meeting and explain the developed concepts and opinions of cos. At e conclusion of the meeting a preferred alternative will be selected to carry into Preli ina Design. Task 4 - Preliminarv Bridae Design cCollister Blvd. Bridge over the Iowa River. A preliminary bridge design will be prepa 4.1 Coordination with Soils Design Determine the number of and es blish propos d locations for structure soil borings for foundation analysis and design tough coordinati n between the geotechnical staff and the design engineer. The type, nu ber and approxi te depth of the foundation investigation borings will be agreed upon by e project team. It is ticipated that 5 borings will be required. 4.2 Structure Type, Size an Location (TS&L) Plans Prepare a 1"=20' scale TyR ' Size, and Location (TS&L) Ian for the proposed bridge. Includes a Situation Plan and a G eral Elevation consisting of a I gitudinal section along the roadway. Show roadway curve a profile data, hydraulic data, an projected traffic data. TS&L plans shall be prepared in ccordance with Iowa DOT, Iowa R, and USCOE requirements to facilitate preliminary gency review and approval. The deli rable will be in the City's CADD File format on 11 "x1 "bond paper. I 4.3 Quality C~OOI/Quality Assurance Review prelimi ary bridge/culvert design work, including Hydra ic Reports and Preliminary Plans. Verify calculations independently. Address and incorporate review comments into the final submittal . C:IWINDOWSITemporary Internet FllesIOLK64\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa 4.4 Bridge Aesthetics Plans Coordinate with Stakeholders, City Staff, and Roadway Consultant regarding bridge aesthetics to establish baseline requirements for aesthetic design and materials. Prepare bridge aesthetics design plans based on !his coordination. This includes railing design, bridge approach treatments, pier an utment treatments, trailhead design, special paving and concrete structures and coo ination with lighting design. Bridge ael>thetic plans shall be based off the concepts generated y the aesthetic design charette and thi conceptual bridge payout preferred alternative. ; 4.5 Bridge Aestheticl> I age Edit!> It il> anticipated that during pre iminary design, two (2) phot rendering shall be generated of the proposed bridge with aesthetic treatments for design and ublic outreach purposes: one along McCollister Blvd. and the other long the river. In additi n, one graphic showing details of aesthetic treatments shall be ge erated. All graphics all be available to the City electronically for public outreach purposes. Final bridge design will be prepared / or the/~cCollister Blvd. Bridge over the Iowa River. / l Task 5 - Final Bridae Desian 5.1 Structural Analysis - Calculati ~. HRG will determine final member siz', required reinforcing steel, and connection details for the final plans, based on the approved pfe 'minary plans. Design shall be in accordance with the AASHTO Standard Specifications j6r H hway Bridges, current edition at the time the design contract is executed, plus current/lnteri specifications. Structures design shall meet the design requirement established by the 10 a DOT for a September 2007 letting. The live load will be HS20. 5.3 Final Plan Developmeht HRG will compile plan sM'ets, specifications, detailed quantities, and standard detail designs for submittal at various mil%tone points for the b 'dge (see section II - Time of Completion). Plans will be developed accs*ding to applicable Iowa Design Standards and standard drawings as required. . Special design details will be developed for aesth tic treatments to the bridge structure. In addition a trailh~~d for the future trail expansion s II be developed. . The Iowa Rivfir is a protected stream. Therefore, if will be designed so no runoff will fall directly into the I ,- , ck drains are required, the deck drainage a River. All plan defiverables will be completed using the City's 11 "x17"~ond paper. 5.4 Ql,ilmtity Calculations HRGiv"i11 identify the required bridge unit bid items and calcu the Iqwa DOT Standard Specifications. DO File format and printing on , te quantities in accordance with C:IWINDOWSITemporary Internet FilesIOLK64\SOS-062008-McCollister Blvd REV6.doc Howard R. Green Company Project No. 166000J McCollister Blvd. over Iowa River Iowa City, Iowa 5.5 Prepare 100% Unreviewed (Check Plans) Submittal HRG will submit 100% unreviewed (Check Plans) for City and Iowa DOT review of compliance and intent with design standards and code requirements. All plan deliverables will be completed using the City's CADD File format and printing on 11 "x17" bond paper. 5.6 Special Provisions HRG will prepare specifications coverin the work to be constructed, consisting of Special Provisions and Special Specificatio to be issued in connection with.the "Standard Specifications for Highway and B '(jge Construction," Series of 2001 Iowa Department of Transportation, and the current upplemental Specifications for Co struction Projects. 5.7 Prepare Final Submittal HRG will coordinate and incorpor te review comments by the ity and Iowa DOT in final plans sets. The Consultant will submit Iowa DOT for letting. inal sheet numbering and bridge plans will be coordinated with the Roadway Consultant t combine the roadway and bridge designs into one bid package. All plan deliverables will be complete using the City's ADD File format and printing on 11"x17" bond paper. Conduct a Mussel Surve in the vicinity of the roposed bridge over the Iowa River. The Environmental Assessm t of McCollister Boulev d West dated January 2006 identified the possibility of at least thr listed mussel species, inc ding: . The Higgins' E Pearly Mussel (Lampsilis h ginsi/), a state and federally endangered species. . The Pistolgri (Tritogonia verrucosa), a state en ngered species . The Squa oot (or Creeper Turgeon et al 98) (strophitus undulatus), a state threatened pecies ruction costs computed using the unit price 5.8 Engineer's Estimate of Probable HRG will prepare itemized estimates of data provided by the Iowa DOT. 5.9 QC Review HRG will independently review and chec e final bridge design, including final plans, special provisions, and construction cost estim es The Consultant will address and incorporate review comments into the final submittals. Task 6 - Mussel Survey The mussel survey will be perf rmed by Malaco This portion of t e Iowa River was used as a reintroducti n area for the Higgins' Eye Pearly Mussel in conju ction with the USFWS. This survey m st be completed within one year of construction urvey assumed in May 2007) to determine if mussel relocation is required. A mussel survey uld extend from 100 feet C:\WINOOWS\Temporary Inlernet Files\OLK64\SOS-062006-McCollisler Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa upstream of the bridge area to 500 feet downstream of bridge area. As part of the survey, specimens may be removed from the river and deposited in a museum. The City will be responsible for applicable museum fees and other federal fees. A report of the findings will be completed. If listed mussels are found and mitigation is required, a translocfltion would be performed not sooner than two (2) weeks prior to start of construction. No onstruction equipment, materials, or activities can be i ri'fer during mussel surveyor r location. This includes but is not limited to: silt curtain ,equipment, sheet piling, etc. If necessary, a mussel translocatio site will be chosen during the mus el survey. This site is usually a short distance upstream f the project site/impact area sinc such a site should have similar water quality and substrat . I volvement 7.1.1 Community Involvem nt Plan HRG will coordinate its comm nity involvemen ith the Roadway Consultant's Community Involvement Plan. The Commun. Involvement Plan will tie together all elements of the community inv Ivement pro ram, potential small group meetings, and the public information meeting. 7.1 Community Involvement 7.1.2 Public Information Meelin No fication HRG will provide an information s summarizing the bridge project for inclusion in the one page Public Meeting Notificati prepared by the roadway design consultant. The letter will announce the upcoming eting and provide a brief update on the project. 7.1.3 Prepare for and Condu Exhibits for the public in rmation meeting a anticipated to include: . I nformation boards raphics, which will in ude bridge alternatives and aesthetic treatments. I . Handout (take-hpme) material will include a much of the display material as practicable, in Jrinaller size/format such that p rsons can review information after the meeting. pretddressed comment sheets will provided. I All materials fo/Public Information meetings will be s bmitted to City of Iowa City and for review prior t1the scheduled meeting. j City of 10wtCity will be responsible for preparing and pu lishing public meeting notices. 7.1.4 preLare Comment Log and Responses for PIM FollowinrreceiPt of mailed comments after the public inform tion meeting, HRG will prepare a log of oral and written input about the bridge, As re uired, responses to questions or suggestions will be prepared and sent to the com ~nter following review. C:\WINDOWS\Temporary Inlernet FilesIOLK84IS0S-062006-McCollisler Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa 7.1.5 Briefings to Local Interested Groups and Organizations (if authorized) HRG will provide briefings and updates during the course of the project to local groups and organizations as requested. Th e groups include business and neighborhood groups as well as organizations uch as the Chamber of Commerce. It is assumed that two (2) meetings will occur, e ch attended by two (2) Bridge Consultant staff. / 7.2 Field Review with Local, Stat ,and Federal Agencies a d Iowa DOT If needed, the Consultant will cond ct a field review of the pro' ct area with local, state, and federal agencies and Iowa DOT an City staff as required t dentify natural resource and other impact issues to be evaluated and scussed in the enviro ental document. The need for this task will be based on input from age cy representatives. or budgeting purposes, it is assumed that two consultant staff will attend u to two one-half-d y field reviews. Task 8 - Final Geotechnical Desi n The final geotechnical design will be pe ormed Obtain the remaining subsurface data n d in order to provide geotechnical recommendations for structure support, s i1lty, subsurface drainage, and to place limited soils information on profile drawings. 8.1 Subsurface Investigation Drilling and sampling a total of five (5 borin at the 2 abutments and 3 pier locations. Two (2) of the pier locations are in the Iowa ver and ill be drilled from a barge. The borings will be drilled to depths of about 70 to 80 et below t existing grade or auger refusal in limestone bedrock, whichever is less. Dela ed groundwa r level readings will not be obtained. It is anticipated that one boring will in the vicinity the land fill. This bore hole will be backfilled with bentonite. ted to locate all public tilities prior. Also, if there are any other restrictions or special requi ments regarding the site of exploration, these should be provided by the City to us prior to c mmencement of field work. 8.2 Laboratory Evalua ons In the laboratory, wate content tests will be performed 0 the samples obtained from the borings. Dry unit wei t and unconfined compressive str gth tests will also be performed on select samples obtai ed from thin-walled tubes. Hand pen trometer tests may also be performed on selec native samples. Additional laboratory t sting, including Atterberg limits, Standard Proctor, consolidated undrained triaxial shear str ngth tests and consolidation tests may also be perfo ed to develop engineering recommendati s for the project. The exact number and type f these tests will depend on the types of soil encountered. Native soil samples will be assified in accordance with the Unified Soil Cia sification System (USCS). 8.3 Engineerin Analysis and Report Preparation After completio of the field and laboratory testing programs, the dat and conditions will be analyzed and a report will be prepared. Recommendations will be ma e. Additionally, simplified result' of the drilling and testing will be placed on the Type, S e, and Location (TS&L) plan to create a Soil Boring Profile Sheet. prepared according to I wa DOT guidelines in the City's CADD File format for inclusion into the Final Bridge Plans. C:IWINDOWSITemporary Internet FilesIOLK64\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa Task 9 - Bridae Liahtina Lighting plans will be developed to provide roadway and pedestrian lighting that meets the selected aesthetic design requirements. Assumptions: ---- ' . Assume that electric power can ea' be obtained from overhead J.ires at Napoleon Lane. 'I' . Assume that lighting will extend nly 100' either side of the pro sed bridge. . Assume a combination of pede rian and roadway lighting lev Is will be required. . Assume special decorative light ng will be requested and ne d to be selected by Owner at a meeting. . Assume a control cabinet will be located near the east 0 he bridge an Napoleon Lane. Task 10 - Landfill Coordination HRG will assist the Roadway Consultant ith identificatio and permitting requirements needed for the disposal of landfill materials in confl ct with the c struction of McCollister Blvd. Items include: 1. moval of non-permitted waste sites. 10.1 The following items will be completed an IDNR for identified waste sites that might part of the project. bmitted to the Solid Waste Division of the e encountered and required to be excavated as 2. A legal description of t 3. A map or aerial p tograph locating the property and surrounding environs and identifying the Nort or other principal comp ss points. 4. Limits of excavat' n and/or number of investi ative borings. 5. Estimated nu er of cubic yards of material to be excavated. Itary disposal project where exca ted material is to be disposed and e required for excavation procedur 6. 7. 8. Any ot er pertinent data that will be helpful with the 9. Upon completion of the outlined activities, a report sh I be submitted discussing any changes from the original plan, any test results, waste removal, equipment decontamination, etc. \ C:IWINDOW5ITemporary Internet FilesIOLK64\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa -.-,...", Task 11 - Bridae Hvdraulic Desian and Permit Coordination 11.1 Hydraulic Analysis HRG will perform a hydraulic analysis to ide . y the required bridge w terway area; impacts to existing flood profiles and flood plain widt as published in the curr t Johnson County and Johnson County Communities Flood Ins ance Study (FIS). It is anticipated that the bridge length wil be sufficient to match e existing f100dway and result in a "Zero Rise" to the f100dway elevatio at the bridge crossi g. The HEC-2 water surface profile model utilized for August 20, 200 Flood Insurance udy update will be used for the bridge hydraulic analysis. Additional hy aulic analysis fo ridge pier and abutment scour will be completed under this task item. 11.2 Hydraulic Permits Permit coordination with the Iowa Departm t of N ral Resources and the U.S. Army Corps of Engineers, Rock Island District will be comp ted f r the flood plain construction permit requirements and Section 404 permitting req ire ents. Prior to construction, an Iowa Department of Natural Resources Stormwate f:l rmit (NPDES) application with Public Notice information will be prepared and forwarded to e City for submittal to the Iowa Department of Natural Resources. The City will be responsi for applicable permit fees. Task 12 - Biddina Services It is not anticipated that a FEMA Condition I Lett r of Map Revision (CLOMR) will be required for this project because the bridge hydra IC open ng will be designed for a "Zero Rise" to the f100dway elevation. 12.1 Bidders' Questions and A The bridge will be let under the I a DOT procedures. As such, the bid set preparation and coordination is minimal. HRG II answer bidder's que ions and prepare addenda, if needed. 12.2 Pre-Construction Mee ng HRG will attend the Pre-con truction Meeting. It is anticip ted the two (2) design team members will be in attenda ceo C:IWINDOWSITemporary Internet FilesIOLK64\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J Design Exclusions McCollister Blvd. over Iowa River Iowa City, Iowa The bridge design consultant scope of services does not include: . Topographic surveys (except for channel hydraulic cross sections . Utility Coordination (except for utilities needed or in direct conflic with the bridge. Along with new utilities attached to or incorpgrated into the new bridg . This may include a water main attached to the undersi of the deck and addition conduits for electric or communication lines.) . Public Involvement (except to s port the roadway design c nsultant and design charette.) . Identification of Right-of-Way n eds (except for coordina' n with the Roadway Consultant to determine toe of lope at bridge abutmen .) . Grading Plans/Earthwork for bri ge abutments and ro way. . FEMA Conditional Letter of Ma Revision (CLOMR) nd Letter of Map Revision (LOMR) . Bidding assistance (except as 0 tlined in Task 12.) . Construction Services / I / / ! .' / I / / / / / I , / / C:IWINOOWSITemporary Internet FilesIOLK64\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J II. Time of Completion McCollister Blvd. over Iowa River Iowa City, Iowa HRG shall complete the following phases of the Project in accordance with the schedule shown. Aesthetic Design Charette: Concept Statement: Concept Review: Preliminary Plans: Public Meeting: Check Plans: Final Plans and PDC: Contract Turn-in: Letting Date: August 1, 2006 (Estimated) September 12 .2006 October 1, 06 (Estimated) March 1 ,2007 TSD by oadway Design Consult May 2 ,2007 June 9, 2007 July 3 2007 Septe ber 18, 2007 The completion of the project is subject to th control of both the City of Iowa City and How project is also subject to influence from the p III. GENERAL TERMS A. HRG shall not commit any of th f 1I0wing employment practices and agrees to prohibit the following practices in an ubcontracts. 1. To discharge or refuse the any individual because of their race, color, religion, sex, national ori in, 'sability, age, marital status, gender identity, or sexual orientation. 2. To discriminate agai st any in 'vidual in terms, conditions, or privileges of employment beca e of their ace, color, religion, sex, national origin, disability, age, mar.' al status, gen r identity, or sexual orientation. S. Should the City termina this Agreement, RG shall be paid for all work and services performed up to the f e of termination. wever, such sums shall not be greater than the cost not t exceed listed in Se ion IV. The City may terminate this Agreement upon se en (7) calendar days' wri n notice to the Consultant. C. This Agreement hall be binding upon the s cessors and assigns of the parties hereto, provided hat no assignment shall be wit out the written consent of all Parties to said Agreem nt. D. It is understo d and agreed that the retention of H G by the City for the purpose of the Project hall be as an independent contractor d shall be exclusive, but HRG shall have the right to employ such assistance as may be required for the performa e of the Project. E. It is agr ed by the City that all records and files pertaini g to information needed by HRG f the project shall be available by said City upon r asonable request to HRG. The C' y agrees to furnish all reasonable assistance in the se of these records and files. C:IWINDOWSITemporary Internet FilesIOLK64IS0S-062006-McCollister Blvd REV6.doc Howard R. Green Company McCollister Blvd. over Iowa River Project No. 188000J Iowa City, Iowa F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, HRG shall attend meetings of the C)ly Council relative to the work set forth in this Agreement. Any requests made by e City shall be given with reasonable notice to the Consultant to assure attendanc . H. HRG agrees to furnish, upon termination of this Agreem t and upon demand by the City, copies of all basic tes and sketches, charts, co putations, and any other data prepared or obtained by HRG pursuant to this Agre ment without cost, and without restrictions or limitation a to the use relative to s cific projects covered under this Agreement. In such eve t, HRG shall not b liable for the City's use of such documents on other projects. I. HRG agrees to furnish all rep professional engineer affixed the J. The City agrees to tender HRG all ee in a timely manner, excepting, however, that failure of HRG to satisfactorily pe rm in accordance with this Agreement shall constitute grounds for the City to wit old payment of the amount sufficient to properly complete the Project in accordanc wit this Agreement. K. Should any section of this Agr ment b found invalid, it is agreed that the remaining portion shall be deemed 7ev rable from the invalid portion and continue in full force and effect. Original contract drawiryQs shall become he property of the City. HRG shall be allowed to keep mylar ~producible copies f the Consultant's own filing use. f Fees paid for secur:ihg approval of authoritie having jurisdiction over the Project will be paid by the CitY. / . Upon Signin~iS agreement, HRG acknowle ged that Section 362.5 of the Iowa Code prohibit a City officer or employee from h ving an interest in a contract with the City, and ce ifies that no employee or officer of he City, which includes members of the City C9uncil and City boards and commissi s, has an interest, either direct or indirect, iyl this agreement, that does not fall wit 'n the exceptions to said statutory provisio[;1' enumerated in Section 362.5. L. M. N. O. / HRG,sgrees at all times material to this Agreement liabi!ily insurance covering the Consultant's liability and omissions to the City in the sum of $1,000,000. have and maintain professional r HRG's negligent acts, errors C:IWINDOWSITemporary Internet FilesIOLK64IS0S-062006-McCollister Blvd REV6.doc : Howard R. Green Company Project No. 188000J IV. COMPENSATION FOR SERVICES McCollister Blvd. over Iowa River Iowa City, Iowa HRG shall be compensated for actual services performed, including direct costs, as identified in Part I of this Agreement. The total compensation shall not exceed $338,710. The approximate cost for each task is as follows: Task 1: Project Management and Administration Task 2: Survey Task 3: Conceptual Bridge Design Task 4: Preliminary Bridge Design Task 5: Final Bridge Design Task 6: Mussel Survey Task 7: Public and Agency Involvement Task 8: Final Geotech Design Task 9: Bridge Lighting Task 10: Landfill Coordination Task 11: Bridge Hydraulic Design and Per ing Task 12: Bidding Services Total: v. MISCELLANEOUS $ 38,737 $ 12,232 $ 35,158 $ 24,302 $137,323 $ 14,381 (Subconsultant) $ 16,019.. $ 37,950-.{Subconsultant) $ 8,600 $ 2,700 $ 8,320 $ 2,988 $338,710 A. All provisions of the Agreem t shall be reconciled' accordance with the generally accepted standards of the En 'neering Profession B. FOR THE CITY By: Title: Date: ATTEST: I ( FOR THE CONSULTANT City !torney's Office ~ /~I VC/ \ \ , C:\WINDOWS\Temporary Internet FilesIOLK64\SOS-062006-McCollister Blvd REV6.doc . . .' / HOWARD R. GREEN COMPANY: PROJECT BUDGETING WORKSHEET / PROJECT NAME: McCollister Blvd. Bridge over Iowa River PROJECT NUMBER: 188000J CUENT: Iowa ell CLIENT CONTACT: Brian Baelk PROJECT MANAGER: Rick lfoA1ite TOTAL HOLRS 11 181 318 13. " 278 110 6 338 .22 . 2 6 34 13 26 " % OF TOTAL COST 0.6% 8.4% 12.4% 5.2% 2.2% 9.4% 3.6% /14.1% 6.8% 11.3% 0.1% 0.1% 0.2% 1.5% 0.4% 0.6% 1.0% --- ENG ..IeADD 1 PER 2PER WI WI SR SR SR SR f REG GPS GPS FIELD PROJ PROJ PROJ TECH PROJ ~OJ. STAFF STAFF lAND OR OR SERV FIELD ADM Task DESCRIPTION OF TASK PIC MGR MGR ARCH ADy ENG ARCH. ENG ARCH TECH II TECH II SURV ROB ROB MGR TECH II ASST 1 PROJECT MANAGEMENT AND ADMIN . 111 86 18 2 44 2 SURVEY / 12 . 2 8 34 13 26 2 3 CONCEPlUAL BRIDGE DESIGN 2 22 .. ... - . 12 ... 110 24 . PREUMINARY BRIDGE DESIGN 2 . 30 30 8 16 144 24 , FINAL BRIDGE OESIGN 3 8 " " 260 80 .62 70 352 8 6 MUSSEL SURVEY (Malacologielll) -- - 7 PUBLIC AND AGENCY INVOLVEMENT 24 28 10 8 18 16 16 . 8 FINAL GEOTECHNICAL DESIGN (Terracon\ , 8 BRIDGE LIGHTING 42 2 28 10 LANDFILL COORDINA nON 20 11 BRIDGE HYDR. DESIGN AND PERMIT COORD. " 8 -- 12 SIDDING SERVICES 12 8 StaffCIa..lflclltlon~nd PIC-PrincIDllIInChe'llll SR PROJ MGR - Sanlor Project Manager PROJ MGR - f'roIect Manager -- SR PROJ ARCH _ Senior Projed ArchllllCl SR TECH ADV - Sanlor Technical Advisor SR PROJ ENG - Senior Pro d Engineer PROJ ARCH - Pro ArOOIled. STAFFENG-SleffEl1Ilinellr STAFF ARCH _ Staff Ardlllecl ENG TECH 11- inellrTechnlclllnl1 CAOO TECH n - Clldd Techoicillfll - \ REG LAND SURV _ Registered land SlIi'l:IY!ir 1 PER WGPS OR ROB -1 Person SII 'CrewwllhGPS 1 PER WGPS OR ROB _ 2 Person Su CrawwllhGPS FIELD SERV MGR. Field SeM08S Maliager FIELD TECH II. Fiekl Technician II ADM ASST. Admlnlslrallve Asslstani , Olproj\52126OP1'M'.061llOO-McCollst" CHESTER J. CULVER IOWA SECRETARY OF STATE LUCAS BClLDI~G, FIRST FLOOR DES MOINES, IOWA 50319 July 13, 2006 MARIAN K, KARR CITY OF IOWA CITY/CITY CLERK 410 E WASHINGTON ST. IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY, IOWA and the CITY OF CORALVILLE, IOWA Dear MS KARR We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of July 13, 2006. Sincerely, ~~ Chester J Culver Secretary of State CJC/db Enclosures TEL 15151 281.5204 FAX 1;'151 242.()9,',;3 www.so~.;;;tate.ia.ussos([i\.;os.state.la.us Nd3 ~ Prepared by: Susan Dulek, Ass't. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 06-214 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES. WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services; WHEREAS, Iowa Code Chapter 28E (2005) pemnits state and local govemments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, the City of Iowa City and the City of Coralville have negotiated the terms of a 28E Agreement for the Provision of Animal Care Services, a copy of said Agreement is attached; WHEREAS, the City Council of the City of Coralville has approved said Agreement; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest two (2) originals of the Chapter 28E Agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa for the Provision of Animal Care Services, a copy of which is attached. 2. The City Clerk is directed to record said Agreement in the Johnson County Recorder's Office and file it in the office of the Secretary of Sate as provided in Iowa Code section 28E.8 (2005). Passed and approved this 27th day of )""o} {r1t~006. l~( J.~. MAYOR ATTEST: )J~~~ k. ~~ CITY ERK Approved by ~~ <,-r",-ot, City Attorney's Office Resolution No. Page 2 06-214 It was moved by Bailev and seconded by adopted, and upon roll call there were: AYES: x x x x x x x NAYS: O'Donnell the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn h \ 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF CORALVILLE, IOWA FOR THE PROVISION OF ANIMAL CARE SERVICES This Agreement is entered into between the City ofIowa City, Iowa, a municipal corporation, ("Iowa City") and the City of Coralville, Iowa, a municipal corporation ("Coralville). WHEREAS, Iowa City provides animal care services and operates a facility for the provision of said services ("animal center"); WHEREAS, Iowa City is willing to provide animal care services to Coralville; and WHEREAS, Iowa Code Chapter 28E (2005) permits local governments to enter into agreements for the joint services and facilities. THEREFORE, Iowa City and Coralville agree as follows: 1. Term. This Agreement is effective July I, 2006, unless it has not been filed and recorded as provided in Paragraph 16 below, and shall be automatically renewed on July I, 2007 and from year-to-year thereafter unless either side provides notice to terminate by January 10. 2. Fee for Daily Boarding Services. Iowa City will provide animal care services to Coralville for $15.00 per day per animal ("daily boarding fee"). "Animal care services" mean housing and medical care, including but not limited to spay, neuter, microchip, and euthanasia as needed. Iowa City will provide no field services to Coralville, except as noted below in the paragraph entitled "Transport to Oakdale." Iowa City will invoice Coralville qu.l.rterly for the daily boarding fee, and Coralville will pay the fee within thirty (30) days of receipt of the invoice. Iowa City will not invoice the daily boarding fee for any animal until its disposition (e.g., adoption). There is no limit to or cap on the number of days that an animal will remain in the animal center, and Coralville will pay the daily boarding fee for every day that an animal remains in the animal center, except as provided in the paragraph 6 entitled "Reclaim" below. Coralville may inquire at any time into the status of any animal, including the basis for the duration of the stay. An example of the quarterly billing calculation is attached as Exhibit A and incorporated herein. The amount of the daily boarding fee will change automatically each fiscal year beginning July 1,2007. Beginning December 1,2006, and from year-to-year thereafter, Iowa City will provide Coralville with the amount of the daily boarding fee that will be effective the proceeding July 1. The parties acknowledge that the fee is based on the average daily cost to board an animal at the animal center. The fee is determined by the proposed expenditure budget for the upcoming fiscal year divided by the total actual days animals stayed in the animal center in the fiscal year last completed. By way of example, the fee effective July I, 2007 will be based on the proposed FY08 expenditure budget divided by the total actual days animals stayed in FY06. Notification to Coralville will be in a document substantially in compliance with Exhibit B, which is attached and incorporated herein and which will set forth the calculations herein. 3. Acceptance of Animals A. In General. Iowa City will accept any animal from Coralville, except as noted below. B. Sick/Injured. Iowa City will not accept a severely sick or injured animal after regular business hours. "Severely sick or injured" means in need of immediate medical attention as determined by Iowa City. A severely sick or injured animal subsequently determined to be stable by a veterinarian will be accepted during regular business hours. C. Prohibited. Iowa City will accept animals that are prohibited by Iowa City Ordinance (e.g., monkeys and alligators) on a case by case basis depending on species and needs, and Coralville will be charged the daily boarding fee for each animal accepted. D. Housing Offsite. If an animal needs to be housed offsite due to, for example, the impoundment of a large number of animals, the type of species, or the specific needs of the animal, acceptance of that animal will be determined by Iowa City at its sole discretion. If the animal is accepted and housed offsite, Coralville will promptly pay the actual costs of housing upon being provided written documentation, including but not limited to the veterinarian bill, but will not be charged a daily boarding fee in addition. E. Acceptance after hours. Coralville shall be given access to drop off any animals during non-business hours, except as noted above. 4. Quarantine. A. Known Owner. In cases' of animal bites, where no current rabies vaccination is on file and quarantine is required by law, the parties agree that it is the owner's responsibility to quarantine the animal at a certified veterinary clinic and pay all costs incurred. Animals with current rabies' vaccination status that do not pose a threat to the general public will be quarantined at the owner's home for a period of 10 days from the start of quarantine. If the owner refuses, Coralville may quarantine the animal at the animal center and pay the daily boarding fee. If Coralville chooses to have Iowa City quarantine the animal, Iowa City may do so at the animal center or at a veterinary clinic, but Coralville will only pay the daily boarding fee regardless of where the animal is quarantined. B. Strav Animals. All stray biting animals with unknown rabies status will be quarantined at the animal center or an offsite facility, and Coralville will be responsible only for the daily boarding fee regardless of where the animal is quarantined. Fractious or feral animals with no traceable identification will be evaluated by Iowa City for immediate euthanasia and testing. 2 5. Policies. All animals will be subject to tbe policies of Iowa City, including but not limited to Quarantine Procedure, Holding and Impound Procedure, Adoption Procedure, Euthanasia Procedure, and Emergency Medical Procedure. 6. Reclaim. If an animal is reclaimed by a Coralville resident, said resident will be required to pay the Iowa City "reclaim fee" as well as the daily boarding fee, and Iowa City will not invoice Coralville for any fees or charges for an animal that is reclaimed. All dogs and cats reclaimed by Coralville residents that do not have microchip identification will be implanted by Iowa City with a microchip, at the cost to the Coralville resident in addition to the daily boarding fee, prior to being released from the animal center. 7. Transport to Oakdale. At Coralville's option, but only during regular business hours, Coralville may request Iowa City to transport to Oakdale a dead animal that needs be tested for rabies for a t1at fee of $20 per animal. 8. Task Force. The Iowa City City Council will create an "Animal Care Task Force" consisting of five (5) members, and will appoint two (2) members who are residents of Iowa City, one (I) member who is a resident of Coralville, and one (I) member who is a resident of the County. The fifth member will be selected by the Friends oftbe Animal Center Foundation whose residency will have no restriction. The Task Force will automatically sunset in three (3) years unless this Agreement is terminated sooner. Members will be appointed to a three (3) year term. The members will elect a chair, who will be an Iowa City resident, and tbe Task Force will meet a minimum offour (4) times per year. The duties will include: . Recommend amendments to tbe 28E agreements between Iowa City and Coralville and Iowa City and Johnson County Review Iowa City, Coralville, and Johnson County ordinances and recommend amendments to the respective bodies Evaluate animal center guidelines, policy and procedure Research and evaluate most current animal care and control and sheltering management techniques and make recommendations Develop programs to reduce animal over-population and educate citizens on local animal issues and address other animal concerns and issues in tbe Iowa City, Coralville, and Johnson County areas Review and evaluate licensing programs Provide an annual report of achievements and goals to both Councils and the Board . . . . . . 9. License. Iowa City will provide no licensing services to Coralville. 10. Animal Center. Coralville will have no right to use or occupy the animal center, and operation and management of the animal center is the sole responsibility ofIowa City. 11. Default/Termination for Cause. In the event that either party determines tbat the other has defaulted in the obligations under this Agreement, the aggriev~d party may declare that default has occurred and give notice to the defaulting party. Notice of the default must be in 3 writing and must specifY the nature of the default and what action the defaulting party must take to cure the default. The defaulting party wilt have thirty (30) days from date of receipt of the notice to cure the default, and if the defaulting party does not, in the opinion of the aggrieved party, cure the default within thirty (30) days, the aggrieved party may elect to terminate this Agreement upon 30 days written notice to the defaulting party. 12. Administrator. The Operations Manager of the Iowa City Animal Services Division will administer this Agreement and the services provided under this Agreement. 13. Buv Out/1997 28E Ae:reement. Pursuant to Paragraph 3 of Part III of the previous agreement entered into by the parties on June 24, 1997 entitled "28E Agreement between the City of Iowa City and the City of Coralville Providing for the Use, Occupancy, Management, and Operation of a Joint Animal Control Facility" ("1997 28E Agreement"), Iowa City agrees to remit $54,744.49 to Coralville within thirty (30) days of execution of this Agreement. Payment of $54,744.49 fully releases, acquits, and forever discharges Iowa City from any and all liability and obligations whatsoever under the 1997 28E Agreement. 14. Notice. Notice by Iowa City to Coralville must be in writing and addressed to: City Clerk, City of Coralville, 1512 - 7th Street, Coralville, IA 52241-1708. Notice by Coralville to Iowa City must be in writing and addressed to: City Clerk, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240. Notice is sufficient if delivered by ordinary mail. 15. Indemnification/Hold Harmless. Each party agrees to release, indemnifY and hold the other party, its officers and employees harmless from and against any and all liabilities, damages, business interruptions, delays, losses, claims, judgments, of any kind whatsoever, including all costs, attorneys' fees, and expenses ihcidental thereto, which may be suffered by, or charged to, the party by reason of any loss or damage to any property or injury to or death of any the person arising out of or by reason of any breach, violation or non-performance by the other party or its servants, employees or agents of any covenant or condition of this Agreement or by any act or failure to act of those persons. Iowa City shall not be liable for its failure to perform this Agreement or for any loss, injury, damage or delay of any nature whatsoever resulting therefrom caused by any act of God, fire, flood, accident, strike, labor dispute, riot, insurrection, war or any other cause beyond Iowa City's control. 16. Filed/Recorded. This Agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder as required by Iowa Code section 28E.8 (2005). 17. Waiver. The waiver by either party of any covenant or condition of this Agreement shall not thereafter preclude such party from demanding performance in accordance with the terms of this Agreement. 4 18. Severability. If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 19. Entire Agreement. This Agreement sets forth all of the covenants, promises, agreements, and conditions between Iowa City and Coralville concerning animal care services, and there are no other covenants, promises, agreements or conditions, either oral or written, between them. This Agreement may not be modified or amended in any manner except by an instrument in writing executed by the parties. CITY OF IOWA CITY Dated this day of ~C~A~ 27th June ,2006 By: Mayor ~~d By ~~ (.,-c}Cl-O(;, City Attorney's Office Attest: )11~ I!. -k~ City Clerk CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) 5S: JOHNSON COUNTY ) On this .;)7 ~-" day of J .....,,;.. , 2006, before me, the undersigned, a notary public in and for the State ofIowa. personally appeared Ross Wilbur and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 5 i SONDRAEFORT o ~ Commission Number 159791 . . My Commission Expires w ~ - -0 ~ r01'"17 Notary Public in and for the State ofIowa CITY OF CORALVILLE Dated this I 51:!l- day of ~ ,2006 By: Y~~J' r ~-,~~JQ'- Mayor Attest:~ <;1.. &4w City Clerk' CITY OF CORALVILLE ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON C01JNTY ) On this i5 day of ~ , 2006, before me, the undersigned, a notary public in and for the State ofIowa, personally appeared Jim L. Fausett and Nancy 1. Beuter, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said mimicipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. rw; f:fi-- Notary Public in and for the State ofIowa .IA, KEVIN D. OLSON C). I';. CoINfliMiDn Nu~ 12732 .' My i~' ..' 6 Example: Apply the Budgeted Daily Boarding Cost: 1 Example for calculation demonstration only - Davs staved ali in same fiscal vear: Total Number of days for Coralville Animals with DisDosition in current quarter: (Detail by animal with intake date, disposition date and type of disposition) Budgeted Daily Boarding Rate (by fiscal year): FY 2007 Proposed Daily Boarding Rate Invoice to Coralville to be paid within 30 days of receipt of invoice 2 Example for calculation demonstration only ~ Davs staved are in multiole fiscal vears: (Eg: Taken in during June, Disposition In July) Total Number of days for Coralville Animals with DisDosition in current quarter: (Detail by animal with intake date, disposition date and type of disposition) 1il I\l i 11 ~ EXHIBIT ~ 125 $15.24 $1,905.00 Davs Billed in Quarter: 125 Determine the fiscal year the days stayed relate to: FY 2007: Between July 1, 2006 and June 30, 2007 FY 2008: Between July 1, 2007 and June 30, 2008 # Davs in auarter bv Fiscal Year 75 50 Budgeted Daily Boarding Rate (by fiscal year): FY 2007 Proposed Daily Boarding Rate FY 2008 Proposed Daily Boarding Rate (sample only - rate not determined) Invoice Calculation by days at the given fiscal year's Daily Boarding Rate: FY 2007 Days of animals disposed: FY 2008 Days of animals disposed: Invoice to Coralville to be paid within 30 days of receipt of invoice 75. $15.24 = 50. $15.90 = $15.24 $15.90 $1,143.00 $795.00 $1,938.00 NEXT YEAR PROPOSED BUDGET COMPUTING THE BUDGETED CAlLY RATE OF THE NEXT FISCAL YEAR ANIMAL CARE & ADOPTION CENTER 6/15/2006 The budgeted daily rate will be the next year's expenditure budget divided by the total number of days stayed by all animals in the fiscal year last completed. The current fiscal year in orocess immediatelv orecedina the orooosed budaet year shall be excluded when makina this comoutation. j ~ a EXHIBIT 13 A. Fiscal Year Total Days Stayed 1 Total Number of Days Stayed, aU animals, all jurisdictions Fiscal Year Total Days Stayed Prior Fiscal Year Ended # Days B. Calculate the Budgeted Daily Boarding Cost I. Expenditure Budget NEXT FISCAL YEAR BUDGET a. Total Animal Facility Operating Budget Expenditures $ Budget year principal and interest b. expense on Animal facility'improvements. Total Expenditure budget $ $0 II. Last fiscal year ended Total Days Stayed ~ all animals, all jurisdictions # Days III. Budgeted Daily Boarding Rate, rounded to two decimal places $0.00 https:/fwebmail.cLcoralville.ia.us/exchange/kolsonflnboxIFW; Exhibit Attachment.xls.EMU1_multiparCxFBFF _2_Exhibit Attachment.xlsfC58EA28C-18CQ-4a97_ 9AF 2 -036 E93DDAFB3/Exhibit Attachmentxls ?attach=1 M-f~ ~ U!U Prepared by: Susan Dulek, Ass\. City Attorney, 410 E. Washington S\., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 06-215 RESOLUTION ESTABLISHING AN ANIMAL CARE TASK FORCE. WHEREAS, the City of Iowa City and the City of Coralville have entered into a 28E Agreement for the Provision of Animal Care Services; and WHEREAS, Paragraph 8 of said agreement provides that the City Council of Iowa City will create an Animal Care Task Force; and WHEREAS, it is in the public interest to establish the Animal Care Task Force. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Animal Care Task Force is established to fulfill the requirements set forth in Paragraph 8 of the 28E Agreement between the City of Iowa City, Iowa and the City of Coralville, Iowa for the Provision of Animal Care Services. 2. The Animal Care Task Force shall consist of five (5) members. Two (2) members will be residents of Iowa City, one (1) member will be a resident of Coralville, and one (1) member who will be a resident of the County. The fifth member will be selected by the Friends of the Animal Center Foundation whose residency will have no restriction. The Task Force will automatically sunset on June 30, 2009 unless the 28E Agreement is terminated sooner. Members will be appointed to a term ending June 30, 2009. The members will elect a chair, who will be an Iowa City resident, and the Task Force will meet a minimum of two (2) times in 2006 and 2009 and a minimum of four (4) times in 2007 and 2008. The duties include, but are not limited to: . Recommend amendments to the 28E agreements between Iowa City and Coralville and Iowa City and Johnson County . Review Iowa City, Coralville, and Johnson County ordinances and recommend amendments to the respective bodies . Evaluate animal center guidelines, policy and procedure . Research and evaluate most current animal care and control and sheltering management techniques and make recommendations . Develop programs to reduce animal over-population and educate citizens on local animal issues and address other animal concerns and issues in the Iowa City, Coralville, and Johnson County areas . Review and evaluate licensing programs . Provide an annual report of achievements and goals to both Councils and the Board by June 30 of each year beginning June 30, 2007 Passed and approved this 27th day of Approved by <:;';"';~ ~- ~ ~ b -((,-Qk City Attorney's Office ATTEST: 7Jrd4"..e-u.-/ 1/ CITY 'clERK Resolution No. Page ? 06-215 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x x y y x x NAYS: Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~~ Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. Ofi-? 16 RESOLUTION APPROVING THE POLICE CHIEF'S GUIDELINES FOR DETERMINING WHETHER APPLICANTS FOR INITIAL AND RENEWAL LIQUOR LICENSES, BEER PERMITS AND WINE PERMITS ARE OF "GOOD MORAL CHARACTER". WHEREAS, section 123.32 of the Code of Iowa provides that a local authority, such as the City, shall approve or disapprove applications for liquor licenses, beer permits and wine permits based, in part, on whether the applicant is of "good moral character"; WHEREAS, section 4-2-3 of the City Code requires that the Chief of Police determine if the applicant is of "good moral character;" WHEREAS, the Chief of Police, in collaboration with the City Clerk and the City Attorney, has developed a written policy for applications and renewals that includes criteria to determine good moral character; and WHEREAS, it is in the public interest to approve said policy as set forth in the attached Iowa City Police Department Memo from the Chief of Police dated April 24, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Iowa City Police Department Memo from the Chief of Police dated April 24, 2006, a copy of which is attached, is approved. Passed and approved this 27th day of 'TZLJJL MAYOR ATTEST: ~L:""4/) ~ ~,J CITY LERK Appved by:~ ' _ ~~)vL~~)i)-()b City Attorney's Office ' Resolution No. Page 7 06-716 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: J{ x x y x x x Correia the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I'L;~'~\l ~,~,,\:' ~'it;~--m!~~~ '~ "'A CI'~' f,~ <T O,'II~ I 1_ 1-',-'\ .,,,, \;/:"'. ':-~r ,'^' I'U> '0- ,:-,-,,":;::~;, ,)J'i!..J.J;' ,,;' /,7'" 0 \__ If' ;"-~<~~ o~',,,,,:\.)o~,il\'/' ~;,,". 0.. .I.g.!-)""~~"I' ::.r'~pk:~~'~~,' ~I ~/j~~~1 .~,,~~.,!. ~;~ DEPARTMENT MEMO TO: Mr. Steve Atkins Chief Sam Hargadine 'JI' FROM: RE: Liquor License Applications DATE: April 24, 2006 In collaboration with the City Attorney's Office and the City Clerk's office the following policy has been developed to govern review of applications for liquor licenses, beer permits, wine permits and renewals by the Iowa City Police Department. I. PROCEDURE Prior to presentation of an application for a liquor license, beer permit or wine permit, or renewal of any of those to the City Council the Chief of Police or his or her designee will make an investigation to determine if the applicant is of "good moral character" as that term is defined in the State Code and rules of the Iowa Alcoholic Beverages Division. With respect to renewal applications any investigation will include any relevant information about prior operations under the license or permit. Following such investigation the Chief or his designee will either approve or disapprove the application. Any disapproval will be in writing and will set forth the reasons for the disapproval. The investigation and, if applicable, the memo setting forth the reasons for disapproval, will be completed within 5 working days of the Chief's receipt of the application. In addition to a review of the application the Police Chief or his designee will perform a records check on the establishment's history and will review the DCI (Division of Criminal Investigation) criminal history reports provided by the applicant on each person with an ownership or management interest in the establishment. The following factors assume the establishment has been under continual ownership. II. FACTORS TO CONSIDER. In determining whether an applicant is of good moral character the factors to be considered by the Chief of Police or designee will include, but are not limited to, the following: . Sales of alcoholic beverages to persons under the legal age by the licensee or permittee or its employees or agents. Multiple occurrences will be considered as grounds for non-renewal. · Sales of alcoholic beverages to intoxicated persons by the licensee or permitee, or its employees or agents. Multiple occurrences will be considered as grounds for non-renewal. . Misrepresentation or withholding of any material fact in the license application or city addendums including, but not limited to the failure to identify managemenVsupervisory staff and provide their DCI criminal histories. . Prior felony convictions of all persons with an ownership or management interest in the applicant will be reviewed. Per state code, a person with an ownership interest in the applicant, as defined by state code, may not have been convicted of a felony and the same rule should apply to those with a management interest. However, if the felony conviction occurred more than 5 years before the date of the application and the person's rights of citizenship have been restored by the governor, the Police Chief or designee may, after considering the nature of the crime and the person's history after the conviction, make a determination that the person is of good moral character notwithstanding the conviction. . Prior misdemeanor convictions of all persons with an ownership interest or a management interest in the applicant will be reviewed, particularly those relating to use of alcohol or illegal substances, including operating a motor vehicle while under the influence of alcohol or drugs. The mere presence of a conviction would not exclude a person from a license or renewal; however, if there was evidence that alcohol was a factor in this conviction it would be grounds for denial. The length of time since the conviction will be considered. Misdemeanor convictions older than five years will not be considered. . Conditions imposed by a Court on a person with an ownership or management interest in the applicant relating to use of alcoholic beverages and/or presence in establishments that serve alcoholic beverages. · Any refusal, failure or neglect by a licensee, permittee or its employees or agents to cooperate with any law enforcement officer in the performance of the officer's duties, including, but not limited to, inspections of the establishment. . Reports of law enforcement officers of incidents within or adjacent to the establishment, such as fighting, altercations and disorderly conduct, which suggest that the applicant does not have measures in place to adequately control the premises. . Over-occupancy . A pattern of convictions of persons within the establishment for PAULA (Possession of Alcohol Under Legal Age) and/or the local law prohibiting persons under 19 from being in licensed establishments, which suggest that the licensee or permittee does not have measures in place to adequately control access of persons under legal age to alcohol. The Police Chief or Designee shall review the establishment's rate of PAULAs per visit. A rate of 1.5 PAULAs per visit may be grounds for disapproval of the application. (See Attached) · Violation of any law or regulation which jeopardizes the health, safety or welfare of patrons of the establishment. . Corrective action taken by the licensee / permittee in response to warnings by the Police Department. Throughout the license year when violations come to light or the police department makes sales to minor cases, PAULA arrests or any liquor law citation warning letters will be sent to the licensee or permittee. Copies of these letters will be retained by the police department and will be considered in determining whether to approve or disapprove the application. · In the event a person with an ownership interest or management interest in the applicant has previously had an ownership or management interest in another establishment, relevant operation at that establishment, including the above factors, may be considered. Iowa City Police Department P.A.U.L.A. Report -- December 2005 (Possession of Alcohol Under the Legal Age) Monthly Totals Year-to-Date Totals PAULA per Visit Business Name {occupancvj visits I arrests visits arrests (year-to-date) Airliner [265] (open Sap) 2 0 11 0 0.000 American Legion [140J 1 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [1651 10 0 0.000 Baldy's Wraps [47] B.P.O. Elks #590 [2051 Bob's Your Uncle (Dodge) [#] (open Apr) Bob's Your Uncle (M.Trek) [204"] 1 0 0.000 Bo-James 1111] 4 0 31 7 0.226 Boneheads [226J 1 0 0.000 Brown Bottle [289] Buffalo Wild Winos Grill & Bar 11791 Cale Z [56J Carlos O'Kelly's [299J China Moon flllil Club Car [56] 1 0 8 1 0.125 College St Billiard Club [250J 7 0 51 4 0.G78 Colonial Lanes 15021 3 0 0.000 Cottage Bakery & Cale [156] Dave's Fox Head Tavern [87] 8 0 0.000 Oawit's Restaurant [#] (open Oct) Deadwood Tavern [218] 1 0 16 0 0.000 Devotay [45] Diamond Dave's (Old Capitoll 1203] 2 0 0.000 Donnelly's [#J (open Nav) 1 0 2 0 0.000 Diamond Dave's (Sycamore) [104] Dublin Underoround f571 2 0 14 0 0.000 808 Restaurant & Nightclub [176J 1 2 74 115 1.554 EI Ranchero [161] ETC 11781 2 0 52 65 1.250 First Avenue Club [500J 4 1 0.250 Fitzpatrick's [116J 12 1 0.083 Fraternal Order 01 Eanle's 13151 Gabe's [339J 1 0 7 3 0.429 General Restaurant [87) (closed Mar) George's Buffet f751 12 0 0.000 Givanni's [187] Godlathe~s Pizza [170] Green Room 11441 6 3 0.500 Grizzly's South Side [265] 38 5 0.132 Ground Round Restaurant [192] Gus' Roadhouse & BBa [#] (closed Mar) Hanrahan's Pub [72] 12 0 0.000 Happy Joe's Pizza [84] Hilltop Lounae [90] 9 0 0.000 India Cafe [100] Iowa City Yacht Club [119J 1 I 0 11 1 0.091 It's Brothers Bar & Grill 14561 5 0 74 14 0.189 Jimmy Jack's Rib Shack [#] (open Jul) Joe's Place [161J 22 2 0.091 Kandy Land [120] 7 0 0.000 Kitty Hawk [225] 9 1 0.111 Lark Restaurant [289] La Casa 13001 Unn Street Cafe [80} Los Portales [161] Loyal Order of Moose [476J Masala [46J i I Martini's [1,~~J 3 I 0 33 1 0.030 Mia Milano 491 Mclnnerney's [154J 2 , 0 15 0 0.000 Micky's [70] I 6 0 0.000 Miii Restaurant 13251 3 0 0.000 Motley Cow Cafe [25J Murnm's Saloon [96"J 3 0 0.000 New Yen Chino Restaurant 12471 Okoboji Griii [222J Old Capitol Bre~ ~o~~s [394"J 14 1 0.071 One-Eyed Jake's 355 3 5 60 153 2.550 One-Twenty-Six/Loft [105J 2 0 0.000 Oyama Restaurant [87] (open Apr) Paniiai's Pizza 1113; Panchero's (Clinton St) [62J 1 1 1.000 Panchero's (Riverside Dr) [95] Piano Lounne '65' 2 0 10 0 0.000 Pit Smokehouse [#] (open Nov) Pizza Hut [68J Qualitv Inn/Highlander 19711 Que Bar (458) 6 3 34 21 0.618 Quinton's Bar & Deii [149] 2 I 0 13 0 0.000 Rack BBQ Rick's Griiie & Spirits [120] 4 0 0.000 Riverside Theatre R. T.'s [270J 18 3 0.167 Sam's Pizza [94] Sanctuary Restaurant & Pub [132J 1 0 0.000 Seoul Garden r731 Shakespeare's [120J 11 0 0.000 Sher,a~on/MOrgan's Bar & Grill [214J 1 0 0.000 Siren 120) 5 0 0.000 Skybox [47] 18 22 1.222 Speakeasy 9 0 50 1 0.020 Soorts Coiumn [249J 9 7 118 309 2.619 Studio 13 [230J 1 0 13 0 0.000 Summit [484J 5 7 100 179 1.790 Sushi Po Po [84J Takanami [148] Thai Flavors [60J Thai Spice 1911 Third Base/Fieldhouse [420J 14 21 134 228 1.701 Union Bar [725] 6 5 118 215 1.822 VFW Post #3949 '197] 1 0 16 0 0.000 Venuto's World Grill [49J Vine Tavern [170] 15 8 0.533 Vito's 12351 11 11 114 141 1.237 Wig & Pen Pizza Pub [203"J 2 0 10 0 0.000 Zio Johno's spaghett: ~~~se [94J Z'Mariks Noodle Cafe 47 Totals: 104 61 1448 1506 1.040 Other PAULA at non-business locations: 4 193 [*inc/udes outdoor area] PAULA Totals: 65 1699 currentmonlh year-to-date Page I ofl 'flflo Marian Karr From: Reams, Angela A [angela-reams@uiowa.edu] Monday, June 26, 2006 11 :24 AM *City Council Sent: To: Subject: Liquor License Policy Attachments: LiquorLicenseRenewal.pdf To Whom It May Concern: Please find a letter to the City Council of Iowa City attached to this email pertaining to the proposed changes in the liquor license renewal policy. Sincerely, Angie Reams ************************************************************** Angela Reams, M.A Director. Student Services Campus and Community Relations 100 Stanley Hall. The University of Iowa Phone: 319.335.1349 . Fax: 319.353.2527 ************************************************************** *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** *** 6/26/2006 Executive Members Shelly Campo LaShelle Christensen Jim Clayton Co-Chairperson Sam Cochran Kate Fitzgerald Geri Garvey Sam Hargadine Sarah Hansen Dale Helling Michael J. Hogan Will Jennings Phillip E. Jones Mary Khowassah Co-Chairperson Mark Liston J aoet Lyness Peter McElligott Bill Nelson Steve Parrott Lane Plugge Angela Reams Coordinator Nan Trefz Ross Wilburn Ralph Wilmoth Erick Wolfmeyer !~.. . The .,. . . '. -.. . . :.~.."STE.P"'P::'I..N,':G',:,U.,P . '........~....:.p..:<<"'.': ...........:. ....., :t:j". . ", . 111. rOlect # To Reduce the Hormful Effects of High Risk Drinking June 23, 2006 City Council of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor and City Council: Recently, a proposal to change the liquor license renewal policy in Iowa City was brought to the City Council. This proposal discusses 'moral character' criteria for those establishments applying for a new or renewal liquor license. Some factors being considered include sales to intoxicated persons, over occupancy, and patterns of citations of people within the establishment for possession under the legal age. The Stepping Up Project supports this proposal as a means to work towards reducing high risk drinking in our community. It is also a way to hold bar owners and sellers who violate the law more accountable for their actions regarding the sale of alcohol. It is not a final solution, but one of many that may be implemented to assist in creating a healthier and safe environment for all. The Stepping Up Project hopes you will consider implementing this new proposal. Sincerely, ~{.~ r ~~;la Reams Project Coordinator 100 Stanley Hall, The University of Iowa, Iowa City, IA 55242 Phon" (319)353-2529 F"" (319)353-2527 E Mill, ",pping@uiowudu ~t?1~ ()Jim Clayton Co-Chairperson M~ rnJ Prepared by: Sylvia Mejia, Human Resources, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 0(;-717 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY ADDING ONE FULL-TIME AND FOUR PART-TIME (.75) MASS TRANSIT OPERATOR POSITIONS. WHEREAS, Resolution No. 06-73, adopted by the City Council on March 7, 2006, authorized permanent positions in the Transit Division of the Parking and Transit Department for FY07; and WHEREAS, Iowa City Transit will begin serving two new routes in August of 2006; and WHEREAS, this expansion will require the addition of Mass Transit Operators; and WHEREAS, these employees must complete training prior to the implementation of the new routes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the budgeted positions in the Transit Division of the Parking and Transit Department be amended by adding one full-time and four part-time (.75) Mass Transit Operator positions. Passed and approved this 27th day of June , 20--.ilL. (;2) LJ J)L MAYOR ATTEST: %/...~ -II. ck~ CITY ERK It was moved by Champion and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn humanreVres/06MTOs.doc M+-~ 06;~06 I Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. Ofi-71R RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE PENINSULA PARK SCULPTOR'S SHOWCASE WHEREAS, the City, for the purpose of fostering appreciation of the arts, bringing attention to various locations within the City and giving Iowa artists an opportunity to display their work in public, established the Peninsula Park Sculptor's Showcase on November 2, 2004 by Resolution No. 04-306; and WHEREAS, the Peninsula Park Sculptor's Showcase, a concrete pad located adjacent to the Iowa River Dam Pedestrian Bridge in Iowa City, allows the opportunity for students of art to display their work for approximately a year; and WHEREAS, the Iowa City Public Art Advisory Committee reviewed and approved the proposed sculpture of an Iowa artist at their June 1, 2006 meeting; and WHEREAS, a contract has been negotiated with the artist for display of his work on the Peninsula Park Sculptor's showcase for a period of October 1, 2006 and ending no later than September 30, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby approves the Agreement between the City of Iowa City and artist Mark NeuCollins for the exhibition of his sculpture on the Peninsula Park Sculptor's Showcase for the period from October 1, 2006 to September 30, 2007 as described in said Agreement. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 77 th day of .Tune , 20...llli..-. ~ ( J:OJ"",-- ATTEST: ~~~ ~. ~~ CITY ERK ppadmlreslneucollins-agt res.doc Resolution No. Page ? 06-218 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: x y X X X X X Champion ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn CITY OF IOWA CITY PUBLIC ART PROGRAM PENINSULA SHOWCASE 2006/2007 AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT is made on C /"z.ol,-ooc between the City of Iowa City, hereinafter referred to as the CITY, and Mark NeuCollins, hereinafter referred to as the ARTIST. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for the purposes of fostering appreciation of the arts, bringing attention to vaFious locations in the city and giving Iowa artists an opportunity to display their work in public, established the Peninsula Park Sculptor's Showcase in the Peninsula Park that will provide the venue to exhibit the work of student artists, and WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal by the ARTIST and hereinafter referred to as the ART WORK, for the sculpture to be placed on the Peninsula Park Sculptor's Showcase at the Peninsula Park. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services The CITY will exhibit the ART WORK described below on the Iowa Sculptor's Showcase, a concrete pad adjacent to the Iowa River Dam pedestrian bridge for an exhibition period beginning no later than October 1, 2006 and ending no later than September 30, 2007. The ARTIST has voluntarily submitted the ART WORK described below for display on the Peninsula Park Sculptor's Showcase. Article 2. Description of art work Title: Stem and Blade (Working Title) Medium: Sculpture Material: Bent and carved wood with epoxy finish on steel base Height: 10' Approximate Weight: 350-4001bs Fair Market (insurance) value: $10,000 Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. Article 4. Duration of Loan . . The ART WORK described by this agreement will not be released from loan from the time it is delivered to the CITY until the time of removal from the exhibition or the termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to exclusive possession of the ART WORK until the ART WORK has been released from loan. , Unless otherwise notified in writing by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the expiration of the exhibition, and no special arrangements have been made, then the CITY shall have the right to dispose of the ART WORK in any manner whatsoever. In the event that ownership changes during the period of the loan, the new owner is required to establish his legal right by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the benefit of the parties, heirs, executors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to work with the CITY in planning for and installing the ART WORK prior to exhibition opening and ARTIST will work with the CITY to promptly remove the ART WORK after the conclusion of the exhibition. The CITY reserves the right to remove the ART WORK from the Peninsula Park Sculptor's Showcase for any reason whatsoever. However, it is expressly understood and agreed that the acceptance and installation of the subject ART WORK is conditioned upon the feasibility of 'a safe and secure installation on the Peninsula I?ark Sculptor's Showcase. If it is determined by the CITY, after arrival of the ART WORK or before then, that because of inherent qualities or attributes of the ART WORK it is not feasible or consistent with the budgeting resources to safely and securely install the ART WORK on the Peninsula Park Sculptor's Showcase, the CITY shall be under no obligation to do so. In such case, the ART WORK shall be retrieved from the CITY by the ARTIST within 10 days of notification by the CITY, but the ARTIST shall nevertheless receive payment of $500. Article 6. Transportation and Delivery Transportation and delivery from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and assists the CITY with the installation of the ART WORK on the Peninsula Park Sculptor's Showcase. Return to the ARTIST shall occur at the same location as delivery. Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this agreement. Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to preserve the ART WORK, the ARTIST shall be given the first opportunity to make the necessary repairs under CITY superviSion and within 30 days of notice by CITY of the need for repair. If the ARTIST has not affected satisfactory repairs within 30 days after notification that such repairs are required, then the CITY reserves the right to repair the ART WORK or to remove it to a safe location for storage. Except for the repairs specified herein, the CITY will not clean, retouch, or alter the ART WORK without consent of the ARTIST. Article 9. City Discretion The CITY has the sole discretion to determine whether, and for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will iflsure the ART WORK against casualty loss at a value specified by the ARTIST, but the amount specified by the ARTIST must reflect fair market value, and insurance coverage shall in no instance exceed $10,000 per ART WORK. At the CITY'S option, the CITY may self- insure the ART WORK, but in no instance shall the CITY'S liability for casualty loss exceed $10,000 per ART WORK. The ARTIST shall be included with the CITY as an insured on any policy covering such loss. The ARTIST agrees that in the event of loss or damage, recovery shall be limited to such amount, if any, determined by the insurer, hereby releasing the CITY from any further liability for claims arising from the loss or damage, and save and hold harmless the CITY from any and all losses, damages, suits, actions, or expenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be photographed and otherwise graphically reproduced by the CITY for noncommercial purposes. It is understood between the parties that ART. WORKS displayed in the exhibition may be photographed by the general public. Article 12. I nterpretation and Conflict of Laws The agreement cannot .be modified expect by written instrument and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that he has full power to make this loan, that he has read the conditions contained in this agreement, and that he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: ARTIST ~-c:. ~ 0 -:<;' /- ./ Mark NeuCollins ~ OW~(~)~ Ross Wilburn, Mayor ATTEST 7J~~. 7'V~ Marian K. Karr City Clerk EXHIBIT '.!A~, Proposal Sculpture for Peninsula Park Sculptor's Showcase. Mark E NeuCollins 2769 Anchorage Rd NE Solon, IA 52333 319.624.2948 neuegrafik@mac.com June, 2006 Mark NeuCollins Artist Bio: As an undergradutate, I studied furniture design at the Rhode Island School of Design underTage Frid. After nearly 20 years of professional work as a graphic designer, I enrolled in the graduate college at the University of Iowa to pursue a Master of Fine Arts degree in Intermedia Art. In the intervening years I have worked at the leading edge of a major paradigm shift in the visual arts-the shift from manual/analog to computer/ digital production. This path has provided me with an ability for exploring visual form both through the manipulation of physical objects and through the manipulation of new and varied media. I have ap- plied these capabilities in pursuit of a fine art practice which I would characterize as non-media-centric; conceptually based, and formally rigorous. Curriculum Vitae Work Experience and Education 2000-Present: graduate student in Intermedia, University of Iowa School of Art and Art History. Anticipated graduation date December 2006. 1993-Present: owner and sole proprietor of neue grafik design works, a graphic design studio offering com- plete design services for print and web. 1995-Present: director of the Outcomes Program forThe Na- tional Spine Network, a non-profit orthopedic spine research organization 1990-1993: staff designer for Acromed Corporation/Pro Systems Inc., an orthopedic surgical implant manufacturer in Cleveland, Ohio 1988-1990: design artist at the University of Iowa Depart- ment of Medical Graphics - Graphic Specialist II 1983: BFA Degree. Rhode Island School of Design Recent exhibitions/performances May 2006: Video shown at the Spatial Intersections 3 show at the University of Iowa Museum of Art. Public screening of "Bridge [Structuralism]"the inaugural HDV (High Definition Video) work produced in the intermedia production studio. "Free Art Show" one person MA Thesis exhibi- tion at Arts Iowa City Gallery. Spring 2005: "Monument Garden" installation at the Univer- sity of Iowa Eve Drewelowe Gallery. Dec 200S: Fall 2005: Spring 2005: "Infusion"video and sound project selected for presentation at the prestigious SEAMUS (So- ciety of Electro-Acoustical Musicians) annual convention. Fall 2004: "Infusion" a video and sound project in col- laboration with electronic musician Jean-Paul Perrotte presented at the University of Iowa Museum of Art: Spatial Intersections Show. Spring 2003: CSPS, Cedar Rapids: Public Intermedia Work- shop. "America" a spoken word performance. In addition to the exhibitions listed, I have participated every semester in the intermedia department's group show of the work of current intermedia students. Artist Statement The gradually sloping floodplain that descends to a gentle curve in the river at Peninsula Park bespeaks a narrative of land-history. Standing at the site of the sculpture pad, it is easy to imagine a time before ours, when indigenous people may have walked these very banks, and before even this, in a geographic time scale far beyond our comprehension, when it was just the land. As I thought about the sculpture that would be appropriate for this site, it seemed imperative to me that it be tied to this idea of land-history. The inspiration for this sculpture, with a working title"Stem and Blade;' comes from observing prairie grass in the wind. The resilience, strength in flexibility, and ecological adaptation of this plant to this geographical location seems metaphorical both of the land and the people who have chosen to sink their own roots here. Stem and Blade Concept drawing Right Front Materials: Bent and laminated wood with exterior gloss enamel paint 10' Stem and Blade Model Timeframe July 2006: Working drawing development Materials acquisition Construct wood bending forms Bend and laminate wood Carve and shape Join post and cross-member Install base connector June 2006: August 2006: Paint and finish September 1,2006: D.eliverable. o I - o ..- T~- Right Detail 1 o I - CO Detail 2 - - en I M - - i "'k 1O I N I I I I I I I I +- I ~_."_~-==:J Detail 3 I I I I I I I -= I 6" t- I -l-~-- Front r====== --==---- I I I II II I I I I I I I I I I I I \ \ \ \ \ \ \ \ , i/ CITY OF IOWA CITY PUBLIC ART PROGRAM PENINSULA SHOWCASE 2006/2007 AGREEMENT BY AND BETWEEN CITY AND THIS AGREEMENT is made on betw n the City of Iowa City, hereinafter referred to as the CITY, and Mark NeuCollins, ereinafter referred to as the ARTIST. The CITY'S REPRESENTATIVE shall be the Directo of the Department of Planning and Community Development or his/her designee. The CO ITTEE shall be the Public Art Advisory Committee. WHEREAS, the ITY, for the purposes of fosteri appreciation of the arts, bringing attention to various locat ns in the city and giving Iowa rtists an opportunity to display their work in public, established he Peninsula Park Sculptor' Showcase in the Peninsula Park that will provide the venue to exh it the work of student arti s, and WHEREAS, the CITY, the recommendati n of the COMMITTEE, has accepted the proposal by the ARTIST and her . after referred to s the ART WORK, for the sculpture to be placed on the Peninsula Park Sc tor's Showc e at the Peninsula Park. A copy of said proposal as accepted is attached her 0 as Exhibi "A" (hereinafter "Proposal"). NOW, THEREFORE, in consi ratio of the mutual promises and undertakings contained herein, the parties agree as foil s: Article 1. Scope of Services The CITY will exhibit the ART WORK escri~bbelOW on the Iowa Sculptor's Showcase, a concrete pad adjacent to the Iowa ver Da pedestrian bridge for an exhibition period beginning no later than October 1, 200 and endin no later than September 30, 2007. The ARTIST has voluntarily submi ed the ART WGlRK qescribed below for display on the Peninsula Park Sculptor's Showca . \ \ , \ \ Medium: Sculpture Article 2. Description of art work Title: Stem and Blade (Workin Material: Bent and carve wood with epoxy finish on steel base Height: 10' Approximate Weight: 350-4001bs Fair Market (insurance) value: $10,000 2 Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further corsideration between the parties shall be the mutual benefit each will derive from the public exhi ition of the ART WORK being loaned. The ART WORK desc' ed by this agreement will not be relea d from loan from the time it is delivered to the CITY u il the time of removal from the ex bition or the termination of the exhibition plus a reasona e period of time for removal, e cept by prior written agreement between the parties. It is reby agreed between the p rties that the CITY is entitled to exclusive possession of the A T WORK until the ART WpRK has been released from loan. Unless otherwise notified in writi by the ARTIST, the CITl( will surrender the ART WORK only I to the ARTIST. If the CITY is able to return the ART WORK to the ARTIST within a reasonable period following the expl tion of the eXhibitk>n, and no special arrangements have been made, then the CITY shall hav the right to dis~ose of the ART WORK in any manner whatsoever. In the event that ownershi changes during the period of the loan, the new owner is required to establish his legal right b proof sati$factory to the CITY. This agreement is binding upon and shall inure to the bene't of th parties, heirs, executors, administrators, representatives, successors and assigns. Article 4. Duration The ARTIST agrees to work with the CITY in lanning or and installing the ART WORK prior to exhibition opening and ARTIST will work w' h the CI to promptly remove the ART WORK after the conclusion of the exhibition. The ITY reserve the right to remove the ART WORK from the Peninsula Park Sculptor's Sho case for any eason whatsoever. However, it is expressly understood and agreed that e acceptance a installation of the subject ART WORK is conditioned upon the feasibi y of a safe and se re installation on the Peninsula Park Sculptor's Showcase. If it is det mined by the CITY, af r arrival of the ART WORK or before then, that because of inheren qualities or attributes of th ART WORK it is not feasible or consistent with the budgeting res urces to safely and securely stall the ART WORK on the Peninsula Park Sculptor's Showc e, the CITY shall be under no ~bligation to do so. In such case, the ART WORK shall b retrieved from the CITY by the >>'RTIST within 10 days of notification by the CITY, but th :A.RTIST shall nevertheless receive p~ment of $500. " Article 5. Installation and Removal Article 6. Transportation .~d Delivery Transportation and delivery from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and assists the CITY with the installation of the ART WORK on the Peninsula Park Sculptor's Showcase. Return to the ARTIST shall occur at the same location as delivery. 3 Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damagl;( due to theft, malicious mischief, acts of God or other causes, unless specifically covered insurance, but then only to the limits of such ins rance. ARTIST agrees to indemnify, save an hold harmless CITY from any and all losses damages, suits, actions, claims or expenses of ery kind arising out of loss or damage, u ss specifically covered by insurance as set forth in icle 10 of this agreement. In the event that either the CITY the ARTIST decides th the ART WORK requires repair in order to preserve public safety or t preserve the ART W RK, the ARTIST shall be given the first opportunity to make the necess ry repairs under C Y supervision and within 30 days of notice by CITY of the need for repair. the ARTIST ha not affected satisfactory repairs within 30 days after notification that such rep irs are requir d, then the CITY reserves the right to repair the ART WORK or to remove it t a safe loc tion for storage. Except for the repairs specified herein, the CITY will not clean, touch, 0 alter the ART WORK without consent of the ARTIST. Article 8. Repair The CITY has the sole discretion to determine he er, and for how long the ART WORK shall be exhibited. \ \ \ \ \ Article g. City Discretion Article 10. Insurance and Liability \ \, The CITY will insure the ART WORK a inst casualty 10sS',?t a value specified by the ARTIST, but the amount specified by the ARTIS must reflect fair ma'r)<et value, and insurance coverage shall in no instance exceed $10,000 p r ART WORK. At the CITY'S option, the CITY may self- insure the ART WORK, but in no i tance shall the CITY'S '~ability for casualty loss exceed $10,000 per ART WORK. The ART ST shall be included with l'l)e CITY as an insured on any policy covering such loss. The A 1ST agrees that in the even~,of loss or damage, recovery shall be limited to such amount, i any, determined by the insurer\.. hereby releasing the CITY from any further liability for claim arising from the loss or damage, ~d save and hold harmless the CITY from any and all losse , damages, suits, actions, or expen~s of any kind arising out of any casualty to said ART W RK.\ Article 11. Publicity \ The ART WORK may be photographed and otherwise graphically reproduced by the CITY for noncommercial purpo~. It is understood between the parties that ART WORKS displayed in the exhibition may be photographed by the general public. 4 Interpretation and Conflict of Laws The agre ent cannot be modified expect by written instrument and it shall be interpreted according to he laws of the State of Iowa. ARTIST acknow dges that he has full power to make this loan, th t he has read the conditions contained in this a eement, and that he agrees to abide by the t rms and conditions contained herein. IN WITNESS HEREOF: ATTEST ARTIST Mark NeuCollins \ \ \ \ \ \ \ \ I N\l-~ Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 06-219 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE McCOLLISTER BOULEVARD IOWA RIVER BRIDGE PROJECT WHEREAS, the City of Iowa City desires to construct a bridge crossing the Iowa River as part of the McCollister Boulevard project; and WHEREAS, this bridge will assist in connecting Mormon Trek Extension near Riverside Drive to McCollister Boulevard at South Gilbert Street (Sand Road); and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design for construction of the McCollister Boulevard Iowa River Bridge Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ,; 1, . The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. . 2, The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. Passed and approved this 27th f2:"00~~ MAYOR ATTEST: n~J/A4<.J ~ ~ CITY LERK Approved by: ~ u./Z-I/t?C.P Crt Attorne Office ,.,... w.w Resolution No. Page ? Oh-?lQ It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: x x x x x x X NAYS: ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 27th day of June 2006 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Howard R. Green Company, of Cedar Rapids, Iowa, hereinafter referred to as HRG. WHEREAS, the design of a new bridge over the Iowa River on McCollister Boulevard in Iowa City, Iowa approximately one mile south of Iowa Highway 1 has been requested for the purpose of providing traffic congestion relief. This project is to complete the design of the proposed bridge according to Iowa Department of Transportation and American Association of State Highway and Transportation Officials guidelines. HRG will also complete Mussels Survey of the Iowa River in the vicinity of the proposed structure as suggested by the McCollister Boulevard West Environmental Assessment dated January 2006 as well as coordinate all work with the McCollister Roadway design team. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Task 1 - Proiect ManaQement and Administration 1.1 Development of Detailed Work Plan Prepare a detailed work plan with specific staff assignments, by task, corresponding to the schedule. 1.2 Coordination with City Maintain communications with City of Iowa City. On a monthly basis meet with City staff to review progress or to discuss specific elements of the project (assume two (2) consultant staff will attend eleven (11) meetings). Prepare minutes of meetings and keep documentation of other communications. 1.3 Coordination with Roadway Consultant Maintain communications with the McCollister Boulevard Roadway Consultant. At key decision points during the project, coordination with the Roadway Consultant is required to complete this project. Prepare minutes of meetings and keep documentation of other communications. The rough division of responsibilities between HRG and the Roadway Consultant is as follows: C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Pr~ecINo. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa Com lete Indiana Bat Surver 1.4 Subconsultant Management This project will involve management of subconsultants for the purpose of a Mussel Survey and geotechnical consultation. 1.5 Project Monitoring and Progress Reports Maintain the system for monitoring progress and expenditures to allow monthly tracking by task. Prepare and submit monthly progress reports outlining the following: . Activities during the reporting period and activities planned for the following month, . Problems encountered and recommended solutions, and . Overall status. 1.6 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the Plan. Task 2 - Survey 2.1 Horizontal and Vertical Control Surveys It is assumed that horizontal and vertical control will be provided by the Roadway Consultant. Consistent control systems between bridge design and roadway design teams will aide in coordinating horizontal alignment and profile information between the teams. HRG will verify existing control and establish an estimated two (2) horizontal control points and two (2) vertical bench marks on each side of the river for the bridge design project. Each permanent control point or benchmark shall have horizontal coordinates and elevation, recovery information, monument description, monument name and a sketch showing ties to at least three natural or manmade objects. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded. 2.2 Topographic Survey HRG shall coordinate this work with the topographic surveys completed for the roadway project. It is assumed that the roadway design consultant will provide Mainline Survey, consisting of all pianimetric features and terrain surveyed as a 25-foot grid pius breaklines. Mainiine Survey area will be approximately 200-feet wide centered on the proposed McCollister Blvd. alignment on each side of the river for a minimum distance of 300-feet. C:IRLW Documents and planslMarketingllowa CityISOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa HRG will provide Iowa River channel cross sections required to complete the hydraulic design of the bridge. This will consist of three (3) cross sections of the river, including determination of the channel bottom. Location and size of the existing piers of the CRANDIC Railroad bridge over the Iowa River approximately 3000 feet north of the proposed McCollister Blvd. alignment will also be located. Topographic information will be converted to a MicroStation vB file for use as existing ground information to develop the bridge design. Note: All final documents will be converted to the City's CADD file Standard. 2.3 Utility Survey It is assumed that utility information, including utility owner contact information, will be collected and provided to HRG by the Roadway Consultant. Utilities to be provided may include but are not limited to: phone, fiber optic, cable television, natural gas, water, underground electrical, sanitary sewer and storm sewer. A coordinate listing of the points surveyed and a plot showing. the field surveyed utilities with elevations provided for sanitary and storm sewers shall be provided. Show utility name and describe the utility on the listing and the plot. HRG will incorporate utilities into the CADD file Basemap. 2.4 Survey Soil Boring Locations HRG will provide the boring station locations and coordinates for soil borings with ground elevations at each boring. It is estimated that 5 soil borings will be staked. 2.5 Survey Pier Locations for Mussel Survey HRG will provide the location of the centerline of each river pier by locating a small float in the river. It is estimated that four (4) floats will be required. Additionally, stakes will be set at 100- foot intervals along the banks of the Iowa River from 100-foot upstream to 500-feet downstream of the proposed bridge to identify the mussel buffer zone needed to complete the mussel survey. 2.6 Right-of-Entry Right-of-Entry to properties for surveying associated with design of the bridge will be obtained by HRG. This includes identifying the properties that right-of-entry is required and mailing a letter to each property owner explaining the survey work required on their property. It is anticipated that HRG will acquire right-of-entry from three (3) parcels, including City property. Task 3 - Conceptual BridCle Desiqn 3.2 Concept Statement HRG will develop the Concept Statement according to the Iowa Department of Transportation (DOT) requirements and prepare for submittal of the statement by the City to the Iowa DOT. 3.2 Determine Approximate Bridge Parameters The intent is to develop a bridge that can be expanded from 3-lanes to 4-lanes in the future. Additionally, three (3) aesthetics concepts will be developed to tie the new bridge to the City's District Planning concept. 3.3 Aesthetic Design Charette The City, key Stakeholders, and the Roadway Consultant will be included in a Design Charette to identify the aesthetic needs for this project. The design charette shall be a one-half day meeting with stakeholders and City Staff to generate aesthetic concepts for the bridge design. C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc ----~~----~-_.,--~ .._-'"....__..~~-~_.----,-_....,.---~'"._._--.-.--~_.._.._--~._._--~._--- .._--'"-_..._.."._-~--'--- Howard R. Green Company Pr~ectNo. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa HRG Staff shall facilitate the meeting and develop sketches and concepts during the charrette to be used for conceptual bridge design. It is assumed that three staff members from HRG shall attend the meeting. HRG shall compile and distribute results from the Design Charette to attending stakeholders and City staff. Options or relative cost to compare alternatives will be prepared. Deliverables for this task include sketches from the Design Charette and alternative documentation with costs to be included with Conceptual Design Technical Memorandum. 3.4 Conceptual bridge layouts Conceptual bridge layouts including: approximate location, overall length and number of spans, overall width and number of lanes will be developed for each alternative. From these layouts and concepts, order of magnitude cost opinions will be developed. It is anticipated that three (3) alternatives with opinion of probable costs will be developed. Preliminary and Final Plan will be completed for the concept deemed to best meet the city's needs. The deliverable will be a Conceptual Design Technical Memorandum that explains the design alternatives and associated costs. 3.5 Preferred Alternative Selection Review Meeting The City, key Stakeholders, and the Roadway Consultant will be included in a Preferred Alternative Selection Review Meeting to discuss and select the preferred aesthetic and structural alternative for this project. HRG Staff shall facilitate the meeting and explain the developed concepts and opinions of cost. At the conclusion of the meeting a preferred alternative will be selected to carry into Preliminary Design. Task 4 - Preliminary Bridqe Oesiqn A preliminary bridge design will be prepared for McCollister Blvd. Bridge over the Iowa River. 4.1 Coordination with Soils Design Determine the number of and establish proposed locations for structure soil borings for foundation analysis and design through coordination between the geotechnical staff and the design engineer. The type, number and approximate depth of the foundation investigation borings will be agreed upon by the project team. It is anticipated that 5 borings will be required. 4.2 Structure Type, Size and Location (TS&L) Plans Prepare a 1 "=20' scale Type, Size, and Location (TS&L) plan for the proposed bridge. Includes a Situation Plan and a General Elevation consisting of a longitudinal section along the roadway. Show roadway curve and profile data, hydraulic data, and projected traffic data. TS&L plans shall be prepared in accordance with Iowa DOT, Iowa DNR, and USCOE requirements to facilitate preliminary agency review and approval. The deliverable will be in the City's CADD File format on 11 "x17" bond paper. 4.3 Quality Control/Quality Assurance Review preliminary bridge/culvert design work, including Hydraulic Reports and Preliminary Plans. Verify calculations independently. Address and incorporate review comments into the final submittals. C:\RLW Documents and plans\Marketing\Jowa City\SOS-062006-McCoJ1ister Blvd REV6.doc Howard R. Green Company Pr~ecINo. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa 4.4 Bridge Aesthetics Plans Coordinate with Stakeholders, City Staff, and Roadway Consultant regarding bridge aesthetics to establish baseline requirements for aesthetic design and materials. Prepare bridge aesthetics design plans based on this coordination. This includes railing design, bridge approach treatments, pier and abutment treatments, trailhead design, special paving and concrete structures and coordination with lighting design. Bridge aesthetic plans shall be based off the concepts generated by the aesthetic design charette and the conceptual bridge payout preferred alternative. 4.5 Bridge Aesthetics Image Edits It is anticipated that during preliminary design, two (2) photo rendering shall be generated of the proposed bridge with aesthetic treatments for design and public outreach purposes: one along McCollister Blvd. and the other along the river. In addition, one graphic showing details of aesthetic treatments shall be generated. All graphics shall be available to the City electronically for public outreach purposes. Task 5 - Final Bridqe Desiqn Final bridge design will be prepared for the McCollister Blvd. Bridge over the Iowa River. 5.1 Structural Analysis - Calculations HRG will determine final member sizes, required reinforcing steel, and connection details for the final plans, based on the approved preliminary plans. Design shall be in accordance with the AASHTO Standard Specifications for Highway Bridges, current edition at the time the design contract is executed, plus current interim specifications. Structures design shall meet the design requirement established by the Iowa DOT for a September 2007 letting. The live load will be HS20. 5.3 Final Plan Development HRG will compile plan sheets, specifications, detailed quantities, and standard detail designs for submittal at various milestone points for the bridge (see section II - Time of Completion). Plans will be developed according to applicable Iowa Design Standards and standard drawings as required. Special design details will be developed for aesthetic treatments to the bridge structure. In addition a trailhead for the future trail expansion shall be developed. The Iowa River is a protected stream. Therefore, if deck drains are required, the deck drainage will be designed so no runoff will fall directly into the Iowa River. All plan deliverables will be completed using the City's CADD File format and printing on 11 "x17" bond paper. 5.4 Quantity Calculations HRG will identify the required bridge unit bid items and calculate quantities in accordance with the Iowa DOT Standard Specifications. C:\RLW Documents and pfans\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa 5.5 Prepare 100% Unreviewed (Check Plans) Submittal HRG will submit 100% unreviewed (Check Plans) for City and Iowa DOT review of compliance and intent with design standards and code requirements. All plan deliverables will be completed using the City's CADD File format and printing on 11 "x17" bond paper. 5.6 Special Provisions HRG will prepare specifications covering the work to be constructed, consisting of Special Provisions and Special Specifications to be issued in connection with the "Standard Specifications for Highway and Bridge Construction," Series of 2001, Iowa Department of Transportation, and the current Supplemental Specifications for Construction Projects. 5.7 Prepare Final Submittal HRG will coordinate and incorporate review comments by the City and Iowa DOT in final plans sets. The Consultant will submit to Iowa DOT for letting. Final sheet numbering and bridge plans will be coordinated with the Roadway Consultant to combine the roadway and bridge designs into one bid package. All plan deliverables will be completed using the City's CADD File format and printing on 11 "x17" bond paper. 5.8 Engineer's Estimate of Probable Costs HRG will prepare itemized estimates of the construction costs computed using the unit price data provided by the Iowa DOT. 5.9 QC Review HRG will independently review and check the final bridge design, including final plans, special provisions, and construction cost estimates. The Consultant will address and incorporate review comments into the final submittals. Task 6 - Mussel Survey The mussel survey will be performed by Malacological Consultants. Conduct a Mussel Survey in the vicinity of the proposed bridge over the Iowa River. The Environmental Assessment of McCollister Boulevard West dated January 2006 identified the possibility of at least three listed mussel species, including: . The Higgins' Eye Pearly Mussel (Lampsilis higginsit), a state and federally endangered species. . The Pistolgrip (Tritogonia verrucosa), a state endangered species . The Squawfoot (or Creeper Turgeon et al 1998) (Strophitus undulatus), a state threatened species This portion of the Iowa River was used as a reintroduction area fer the Higgins' Eye Pearly Mussel in conjunction with the USFWS. This survey must be completed within one year of construction (survey assumed in May 2007) to determine if mussel relocation is required. A mussel survey would extend from 100 feet C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa upstream of the bridge area to 500 feet downstream of bridge area. As part of the survey, specimens may be removed from the river and deposited in a museum. The City will be responsible for applicable museum fees and other federal fees. A report of the findings will be completed. If listed mussels are found and mitigation is required, a translocation would be performed not sooner than two (2) weeks prior to start of construction. No construction equipment, materials, or activities can be in river during mussel surveyor relocation. This includes but is not limited to: silt curtains, equipment, sheet piling, etc. If necessary, a mussel translocation site will be chosen during the mussel survey. This site is usually a short distance upstream of the project site/impact area since such a site should have similar water quality and substrate. Task 7 - Public and AQency Involvement 7.1 Community Involvement 7.1.1 Community Involvement Plan HRG will coordinate its community involvement with the Roadway Consultant's Community Involvement Plan. The Community Involvement Plan will tie together all elements of the community involvement program, potential small group meetings, and the public information meeting. 7.1.2 Public Information Meeting Notification HRG will provide an infonmation sheet sLlmmarizing the bridge project for inclusion in the one page Public Meeting Notification prepared by the roadway design consultant. The letter will announce the upcoming meeting and provide a brief update on the project. 7.1.3 Prepare for and Conduct Public Information Meeting A public information meeting (PIM) will be held during the project on one night at a location to be determined. It is assumed that 2 Bridge Consultant staff members will attend the PIM. Exhibits for the public information meeting are anticipated to include: . Information boards/graphics, which will include bridge alternatives and aesthetic treatments. . Handout (take-home) material will include as much of the display material as practicable, in smaller size/format such that persons can review information after the meeting. Pre-addressed comment sheets will be provided. All materials for Public Information meetings will be submitted to City of Iowa City and for review prior to the scheduled meeting. City of Iowa City will be responsible for preparing and publishing public meeting notices. 7.1.4 Prepare Comment Log and Responses for PIM Following receipt of mailed comments after the public information meeting, HRG will prepare a log of oral and written input about the bridge. As required, responses to questions or suggestions will be prepared and sent to the commenter following review. C:\RLW Documents and pians\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa 7.1.5 Briefings to Local Interested Groups and Organizations (if authorized) HRG will provide briefings and updates during the course of the project to local groups and organizations as requested. These groups include business and neighborhood groups as well as organizations such as the Chamber of Commerce. It is assumed that two (2) meetings will occur, each attended by two (2) Bridge Consultant staff. 7.2 Field Review with Local, State, and Federal Agencies and Iowa DOT If needed, the Consultant will conduct a field review of the project area with local, state, and federal agencies and Iowa DOT and City staff as required to identify natural resource and other impact issues to be evaluated and discussed in the environmental document. The need for this task will be based on input from agency representatives. For budgeting purposes, it is assumed that two consultant staff will attend up to two one-half-day field reviews. Task 8 - Final Geotechnical DesiQn The final geotechnical design will be performed by Terracon. Obtain the remaining subsurface data needed in order to provide geotechnical recommendations for structure support, stability, subsurface drainage, and to place limited soils information on profile drawings. 8.1 Subsurface Investigation Drilling and sampling a total of five (5) borings at the 2 abutments and 3 pier locations. Two (2) of the pier locations are in the Iowa river and will be drilled from a barge. The borings will be drilled to depths of about 70 to 80 feet below the existing grade or auger refusal in limestone bedrock, whichever is less. Delayed groundwater level readings will not be obtained. It is anticipated that one boring will be in the vicinity of the land fill. This bore hole will be backfilled with bentonite. Iowa "One-Call" will be contacted to locate all public utilities prior. Also, if there are any other restrictions or special requirements regarding the site of exploration, these s.hould be provided by the City to us prior to commencement of field work. 8.2 Laboratory Evaluations In the laboratory, water content tests will be performed on the samples obtained from the borings. Dry unit weight and unconfined compressive strength tests will also be performed on select samples obtained from thin-walled tubes. Hand penetrometer tests may also be performed on select native samples. Additional laboratory testing, including Atterberg limits, Standard Proctor, unconsolidated undrained triaxial shear strength tests and consolidation tests may also be performed to develop engineering recommendations for the project. The exact number and type of these tests will depend on the types of soils encountered. Native soil samples will be classified in accordance with the Unified Soil Classification System (USCS). 8.3 Engineering Analysis and Report Preparation After completion of the field and laboratory testing programs, the data and conditions will be analyzed and a report will be prepared. Recommendations will be made. Additionally, simplified results of the drilling and testing will be placed on the Type, Size, and Location (TS&L) plan to create a Soil Boring Profile Sheet. prepared according to Iowa DOT guidelines in the City's CADD File format for inclusion into the Final Bridge Plans. C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Pr~ectNo. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa Task 9 - Bridqe Liqhtinq Lighting plans will be developed to provide roadway and pedestrian lighting that meets the selected aesthetic design requirements. Assumptions: . Assume that electric power can easily be obtained from overhead wires at Napoleon Lane. . Assume that lighting will extend only 100' either side of the proposed bridge. . Assume a combination of pedestrian and roadway lighting levels will be required. . Assume special decorative lighting will be requested and need to be selected by Owner at a meeting. . Assume a control cabinet will be located near the east of the bridge an Napoleon Lane. Task 10 - Landfill Coordination HRG will assist the Roadway Consultant with identification and penmitting requirements needed for the disposal of landfill materials in conflict with the construction of McCollister Blvd. Items include: 10.1 IDNR Notification for excavation and removal of non-permitted waste sites. The following items will be completed and submitted to the Solid Waste Division of the IDNR for identified waste sites that might be encountered and required to be excavated as part of the project. 1. The name, address and telephone number of: a. Owner of site property. b. Responsible Official for oversite of the property. c. Design engineer licensed in Iowa. 2. A legal description of the site. 3. A map or aerial photograph locating the property and surrounding environs and identifying the North or other principal compass points. 4. Limits of excavation and/or number of investigative borings. 5. Estimated number of cubic yards of material to be excavated. 6. Name of sanitary disposal project where excavated material is to be disposed and estimated time required for excavation procedures. 7. Proposed land use. 8. Any other pertinent data that will be helpful with the review. 9. Upon completion of the outlined activities, a report shall be submitted discussing any changes from the original plan, any test results, waste removal, equipment decontamination, etc. C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc -_._._._------~.._-,--_._._._.- ---- ---.----..- -------_."-"._---_.__._--_._-~---.._---_._.--_.__..-~---....._-~.....,-~-_.,-"--._--..-~-,,_.._._~_.__._--------~._-_._,,-_._-,,-_.._--~- Howard R. Green Company Project No. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa Task 11 - Bridqe Hvdraulic Desiqn and Permit Coordination 11.1 Hydraulic Analysis HRG will perform a hydraulic analysis to identify the required bridge watelWay area; impacts to existing flood profiles and flood plain widths as published in the current Johnson County and Johnson County Communities Flood Insurance Study (FIS). It is anticipated that the bridge length will be sufficient to match the existing floodway and result in a "Zero Rise" to the floodway elevation at the bridge crossing. The HEC-2 water surface profile model utilized for August 20, 2002 Flood Insurance Study update will be used for the bridge hydraulic anaiysis. Additional hydraulic analysis for bridge pier and abutment scour will be compieted under this task item. 11.2 Hydraulic Permits Permit coordination with the Iowa Department of Natural Resources and the U.S. Army Corps of Engineers, Rock Island District will be completed for the flood plain construction permit requirements and Section 404 permitting requirements. Prior to construction, an Iowa Department of Natural Resources Stormwater permit (NPDES) application with Public Notice information will be prepared and fOlWarded to the City for submittal to the Iowa Department of Natural Resources. The City will be responsible for applicable permit fees. It is not anticipated that a FEMA Conditional Letter of Map Revision (CLOMR) will be required for this project because the bridge hydraulic opening will be designed for a "Zero Rise" to the f1oodwayelevation. Task 12 - Biddinq Services 12.1 Bidders' Questions and Addendum The bridge will be let under the Iowa DOT procedures. As such, the bid set preparation and coordination is minimal. HRG will answer bidder's questions and prepare addenda, if needed. 12.2 Pre-Construction Meeting HRG will attend the Pre-construction Meeting. It is anticipated the two (2) design team members will be in attendance. C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Pr~ectNo. 188000J McCollister Blvd. over Iowa River Iowa City, Iowa Desiqn Exclusions The bridge design consultant scope of services does not include: . Topographic surveys (except for channel hydraulic cross sections.) . Utility Coordination (except for utilities needed or in direct conflict with the bridge. Along with new utilities attached to or incorporated into the new bridge. This may include a water main attached to the underside of the deck and additional conduits for electric or communication lines.) . Public Involvement (except to support the roadway design consultant and design charette.) . Identification of Right-of-Way needs (except for coordination with the Roadway Consultant to determine toe of slope at bridge abutments.) . Grading Plans/Earthwork for bridge abutments and roadway. . FEMA Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) . Bidding assistance (except as outlined in Task 12.) . Construction Services C:IRLW Documents and planslMarketingllowa CityISOS-062006-McCollister Blvd REV6.doc Howard R. Green Company Pr~ectNo. 188000J II. Time of Completion McCollister Blvd. over Iowa River Iowa City, Iowa HRG shall complete the following phases of the Project in accordance with the schedule shown. Aesthetic Design Charette: Concept Statement: Concept Review: Preliminary Plans: Public Meeting: Check Plans: Final Plans and PDC: Contract Turn-in: Letting Date: August 1, 2006 (Estimated) September 12, 2006 October 1, 2006 (Estimated) March 13, 2007 TBD by Roadway Design Consultant May 22, 2007 June 19, 2007 July 3, 2007 September 18, 2007 The completion of the project is subject to the review and approval process of agencies beyond the control of both the City of Iowa City and Howard R. Green Company. The performance of the project is also subject to influence from the public and political processes. III. GENERAL TERMS A. HRG shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in tenns, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, HRG shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the cost not to exceed listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of HRG by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but HRG shall have the right to employ such assistance as may be required for the perfonnance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by HRG for the piOject shall be available by said City upon reasonable request to HRG. The City agrees to furnish all reasonable assistance in the use of these records and files. C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McColJister Blvd REV6.doc Howard R. Green Company McColllster Blvd. over Iowa River Project No. 188000J Iowa City, Iowa F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, HRG shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. HRG agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by HRG pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, HRG shall not be liable for the City's use of such documents on other projects, I. HRG agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender HRG all fees in a timely manner, excepting, however, that failure of HRG to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City, HRG shall be allowed to keep mylar reproducible copies for the Consultant's own filing use, M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N, Upon signing this agreement, HRG acknowledged that Section 362,5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 0, HRG agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for HRG's negligent acts, errors and omissions to the City in the sum of $1 ,000,000. C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McCollisterBlvd REV6.doc Howard R. Green Company Project No. 188000J IV. COMPENSATION FOR SERVICES McCollister Blvd. over Iowa River Iowa City, Iowa HRG shall be compensated for actual services performed, including direct costs, as identified in Part I of this Agreement. The total compensation shall not exceed $338,710. The approximate cost for each task is as follows: Task 1: Project Management and Administration Task 2: Survey Task 3: Conceptual Bridge Design Task 4: Preliminary Bridge Design Task 5: Final Bridge Design Task 6: Mussel Survey Task 7: Public and Agency Involvement Task 8: Final Geotech Design Task 9: Bridge Lighting Task 10: Landfill Coordination Task 11: Bridge Hydraulic Design and Permitting Task 12: Bidding Services Total: V. MISCELLANEOUS $ $ $ $ 24,302 $137,323 $ 14,381 (Subconsultant) $ 16,019 $ 37,950 (Subconsultant) $ 8,600 $ 2,700 $ 8,320 $ 2,988 38,737 12,232 35,158 $338,710 A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR~ By: lJ~ -- By: Title: Title: Mavor Date: Date: .Tune ?7. 7006 ATTEST: 71J~ '*' Cit~ . ~M.J FOR THE CONSULTANT Ju~ {J ~ vP-c..t::<:> G;.z..G.~OO" Approved by: 111M ~c.-, ~ City Attorney's Office (!J(~!ttd Date C:\RLW Documents and plans\Marketing\lowa City\SOS-062006-McCollister Blvd REV6.doc HOWARD R. GREEN COMPANY: PROJECT BUDGETING WORKSHEET PROJECT NAME: McCollister Blvd. Boone over Iowa River PROJECT NUMBER: 18S000J CLIENT: Iowa C CLIENT CONTACT: Brian Boelk PROJECT MANAGER: Rick White TOTAL HOURS " '" 330 '46 " '" '14 "2 '" '" , 2 , " 13 26 " %OFTOTALCOST 0.5% 8.2% 12.6% 5.6% 2.1% 9.2% 3.6% 1-4.2% 6.7% 11.6% 0.1% 0.1% 0.2% 1.4% 0.4% 0.6% 1.0% 1 PER 2 PER WI WI SR SR SR SR REG GPS GPS FIELD PROJ PROJ PROJ TECH PROJ PRDJ. STAFF STAFF ,"G CADO lAND OR OR SERV FIELD ADM Task DESCRIPTION OF TASK PIC MGR MGR ARCH >CV ENG AACH. ENG ARCH lECHlI TECH II SURV ROB ROB MGR TECH II ASS7 , PROJECT MANAGEMENT AND ADMIN , '" .. . 16 2 .. 2 SURVEY 12 , 2 . " 13 26 2 3 CONCEPTUAL BRIDGE DESIGN 2 22 .. 46 , 12 46 '" 24 , PRELIMINARY BRIDGE DESIGN 2 , 30 30 . 16 ,.. 24 , FINAL BReGE DESIGN 3 . " " 260 .. '" 70 352 . . MUSSEL SURVEY (Malac:olog~ 7 PUBLIC AHO AGENCY INVOLVEMENT 24 2B " . " 16 16 , . FINAL GEOTECHNICAL DESIGN IT.....~\ . BRIDGE lIGHTING " 2 2B " LANOFU CooRDINA.TION 20 " BRIDGE HYDR. DESIGN AND PERMIT COORD. " . 12 BI>DINGSERVlCES 12 . $loIfl'c....lIIclitlon......1\d PIC.Princi.....linCha_ SR PROJ MGR - Senior Pro""" Maroger PROJMGR_Pro elM " SR PROJ ARCH - Serior Proj&c;t Architect SR TECH AOV _ Serior Teclrical Advisor SR PROJ ENG _ Serior Pro ct E ~" PROJ ARCH - Pro Ard1Itecl STAFFENG-SlaffE inetlr STAFF ARCH -Staff Arclillld. ENGTECHh-E 1,.""rT"chnicianll CADD TECH II c Cadd Technicla! II REG LAND SURV - Registel'tld l.llnd 5 1 PER WIGPS OR ROB .1 Person 5.....e Crew wilhGPS 1 PER WIGPSOR ROB -2 Person S.....--;.;-Crewwilh GPS FIELD SERV MGR. Field Services MII.....ger FIELD TECH II-Field Tec.trician II ADM ASST. Administrative Assislalt O,\p<""521260PlWP..Q62006-McCol..ter.".