Loading...
HomeMy WebLinkAbout2006-07-18 Resolution M~ ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-220 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF lOW 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: Etc. 118 S. Dubuque Street Mill Restaurant - 120 E. Burlington Street Passed and approved this 18th daYOfQ:YU~ MAYOR ATTEST: ~4"~""~~' ~~ CIT CLERK Approved by ~~ \~ (-O\., City Attorney's Office It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: ---1L X -----X.- ---1L X ~ -----X.- NAYS: ABSENT: _ Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06 111 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: Johncy's Convenience Aajaxxx Liquor Store Quinton's Bar & Deli Studio 13 - 13 S. Linn La Reyna - 1937 Keokuk Store 731 S. Riverside Drive 107 S. Linn Street 215 E. Washington Street Street Street Passed and approved this 18th ATTEST: ~~ R. ~..-w..J CIT CLERK dayof ~L . ,20 06 ( _J ^'Vr~ MAYOR ' Approved by ~~ 1,5"'-Os" City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: x - NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn ---X....- -X- ---X-- ~ X ---X....- M4t(1 ~ ~ Prepared by: Susan Dulek, Ass!. City Attorney, 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. ()h-2.2.2. RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 1, 2006, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 1220 SOUTH FIRST AVENUE TO A PUBLIC HOUSING PROGRAM TENANT. 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, the Iowa City Housing Authority owns a single family home located at 1220 South First Avenue, Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 1220 South First Avenue for the principal sum of $135,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby propose to convey a single family home located at 1220 South First Avenue, Iowa City, Iowa, also known as Lot 3, Block 9, in East Iowa City to a public housing program tenant for the sum of $135,000. 2. A public hearing on said proposal should be and is hereby set for August 1, 2006, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City 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 be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 18th day of ~CdL YOR ATTEST: ~..u~~ K- ~~ CIT -LERK Approved by ~ 4--)~ City Attorney's Office Resolution No. Page 2 06-222 It was moved by R~ i 1 "y and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x 1( x x 1( Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Ml~ C[ Prepared by: Terry Trueblood, Parks & Ree, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 06-221 RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 1, 2006, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE RE-DEVELOPMENT OF BROOKLAND PARK, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 st day of August, 2006 at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 1 Rbh day of Tl1ly ,20-llL. G1c ) jQ>A- MAYOR , ATTEST: ~u';'.-u'.J 9V cA::.....J CI LERK Awved by ~ - 76;;;", City Attorney's Office It was moved by R" i T Py and seconded by adopted, and upon roll call there were: AYES: NAYS: x Vanderhoef the Resolution be ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn x x y x x x par1<Slreslredev brooklancl.doc M~ C![ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-224 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A RESALE AGREEMENT FOR PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA. WHEREAS, on May 22, 1998, the owners of 2258 Russell Drive executed a Resale Agreement; WHEREAS, the owners have met the obligations contained in the Resale Agreement; 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: 1 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 2258 Russell Drive, Iowa City, Iowa from the Resale Agreement for Property Located at 2258 Russell Drive, recorded June 4, 1998, at Book 2502, Page 104, records of the Johnson County Recorder. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation and to record said certified resolution with the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the City. Passed and approved this 18 th day of ,2006. OR ATT~ST: /k~-.J ~ ~ CITY'CLERK APprO\~t ~ ...}~~~ \- ~-<:,)(. City Attorney's Office Resolution No. Page ? 06-224 It was moved by R~ i 1 ~y and seconded by adopted, and upon roll call there were: AYES: x x J[ J[ x x x NAYS: Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, 1A 52240 (319) 356-5030 RELEA8E OF LIEN The City ofIowa City does hereby release the property at 2258 Russell Drive, Iowa City, Iowa, and legally described as follows: Lot 204 in Part Five, Hollywood Manor Addition in Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 18, Plat Records of Johnson County, Iowa, except tract described as follows: Beginning at the Northwest Corner of Lot 204, Hollywood Manor Addition, Part Five, to Iowa City, Iowa, as recorded in Plat Book 13, at Page 18, of the Records of the Johnson County Recorder's Office; Thence 885043'04", along the North line of said Lot 204, 127.53 feet to the Northeast Corner of said Lot; Thence SI9032'41"W, along the Easterly line of said Lot, 7.70 feet; Thence N82019'48"W, 125.72 feet to the Point of Beginning, from an obligation of the property owners, Willie L. Gadson and Augusta D. Gadson, to the City ofIowa City contained in the Resale Agreement for Property Located at 2258 Russell Drive recorded on June 4, 1998, at Book 2502, Page 104, at 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 recorded documents. By: ~FIOWACITY~ ~( ) A Ross Wilburn; Mayor By: fJ1~ k . -kavJ Manan K. Karr, City Clerk Approved by ~& ~~')-Or- City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) . On this ~ day of JU.1 ,2006, before me, the undersigned, a Notary Public in and for said County and State, personally appear d Ross WIlburn and Marian K. Karr, to me personally known, who bemg 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 City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ~ \;rb Notary Public in and for the State of Iowa ~ [;[ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-225 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, IOWA. WHEREAS, on June 30, 2006, the owner of 2258 Russell Drive executed a Second Mortgage in the amount of $36,250 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owner has signed a Resale and Occupancy Agreement that sets out the requirements the family must meet if they sell the home prior to May 22, 2013; and WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy Agreement. 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 to the attached Resale and Occupancy Agreement. Passed and approved this 18th day of ,2006. LJ ATTEST: ~~,v ~ CITY ERK Approved by ~~ 1-- )-0)., City Attorney's Office It was moved by Bailev and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn " x " x X , . RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 2258 RUSSELL DRIVE, IOWA CITY, lOW A This Agreement is made between Jorge M. Jarrin, a single individual (hereinafter "Buyer"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyer executed a Residential Real Estate Purchase Agreement wherein he offered to purchase from Willie L. Gadson and Augusta D. Gadson the following-described real property located in Johnson County, Iowa: Lot 204 in Part Five, Hollywood Manor Addition in Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 18, Plat Records of Johnson County, Iowa, except tract described as follows: Beginning at the Northwest Corner of Lot 204, Hollywood Manor Addition, Part Five, to Iowa City, Iowa, as recorded in Plat Book 13, at Page 18, of the Records of the Johnson County Recorder's Office; Thence S85043'04", along the North line of said Lot 204, 127.53 feet to the Northeast Corner of said Lot; Thence SI9032'41"W, along the Easterly line of said Lot, 7.70 feet; Thence N82019'48"W, 125.72 feet to the Point of Beginning, with a street address of2258 Russell Drive, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, on May 22, 1998, the City sold the property to Willie L. Gadson and Augusta D. Gadson through the Affordable Dream Home Ownership Program; and WHEREAS, as a condition of said sale, the Gadsons and the City entered into a Resale and Occupancy Agreement whereby the Gadsons agreed that the property would be sold to an income-eligible household if it was sold within 15 years, and it is in the public interest to insure that the property remains affordable to families at or below 80% median income; and WHEREAS, the City will provide Buyer with a $36,250.00 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyer qualifies as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a total period of 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. Buyer hereby agrees and covenants that the property shall be owner occupied by Buyer until at least May 22, 2013, (15 years from the date of the first sale) or until such time as the property is resold. If the property is resold, Buyer hereby agrees and covenants that he shall comply with the remaining provisions of this agreement. . 2 2. If Buyer pays off the second mortgage to the City in full prior to May 22, 2013, the property shall remain owner occupied by Buyer unless the property is resold consistent with the provisions of this Agreement. 3. Prior to May 22, 2013, Buyer shall not lease any interest in the property. 4. The City's second mortgage in the amount of $36,250.00 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyer agrees to pay City the full amount of said second mortgage regardless of when resale occurs. 5. In the event Buyer wishes to resell the property prior to May 22, 2013. the property must be sold to an income-eligible household at fair market value. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyer accepts a purchase offer. 6. Should Buyer desire to resell the property prior to May 22, 2013, he must immediately notifY the City of his intent to sell and must actively market the property. 7. If Buyer is unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyer with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 8. If resale of the property occurs prior to May 22, 2013, Buyer and City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by Buyer as a result of the sale depends on the number of years Buyer occupied the property prior to resale according to the schedule attached hereto as "Exhibit A". 9. If resale of the property occurs prior to May 22, 2013, Buyer agrees to pay the City a $300.00 administrative fee to reflect the City staff time incurred to facilitate the resale. Buyer further agrees that the $300.00 fee will be paid at the time of closing on said resale. 10. If Buyer is no longer able to continue making mortgage payments to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyer must immediately notifY the City. The City may then elect to take over the mortgage payments . 3 until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If Buyer ceases making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyer will grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. II. Ifresale of the property occurs prior to May 22, 2013, Buyer acknowledges that: a. The "new buyers" will be required to sign a Resale and Occupancy Agreement in substantial compliance with the terms of this Agreement; and b. As a result, the resale must include a condition that the "new buyers" will be subject to selling and occupancy restrictions until May 22, 2013. 12. This Agreement shall be an "obligation" of Buyer under Paragraph 2 of the Second Mortgage. Violation of this Agreement by Buyer shall be an "event of default" under Paragraph 15 of the Second Mortgage. Signed this 30 day of .JI1 UP! ,2006. By: By: Ross Wilburn, Mayor Attest: ~J~-..J K. ~ Marian K. Karr, City Clerk ,. 4 EXHIBIT A YEAR SOLD 1 2 3 4 5 6 7 PERCENTAGE OF APPRECIATED VALUE EARNED BY BUYER 5 10 20 30 40 80 100 M~ G:o Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-776 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 5 CAROLINE COURT, IOWA CITY, IOWA. WHEREAS, on August 6, 2001, the owner executed two Mortgages with the City of Iowa City; and WHEREAS, on July 18, 2002, the owner executed two Amended Mortgages with the City of Iowa City which reflected a lesser amount of money spent; 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 5 Caroline Court, Iowa City, Iowa, from two Mortgages, recorded August 16, 2001, Book 3115, Page 89 through Page 93, and Book 3115, Page 94 through Page 100; and two Amended Mortgages, recorded July 19, 2002, Book 3339, Page 464 through Page 470, and Book 3339, Page 471 through Page 475 of the Johnson County Recorder's Office. Passed and approved this 18th day of July , 20 06 . ~ujO,", - MAYOR ATTEST: ~~,~ ~. ~~ CI LERK ApEroved by ~+_)-O" City Attorney's Office Resolution No. Page 2 06-226 It was moved by Bailev and seconded by V~nderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x X x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and relum: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Julie Foreman Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 5 Caroline Court, Iowa City, Iowa, and legally described as follows: Lot 21, Giblin's 3rd Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Julie Foreman, to the City of Iowa City represented by two Mortgages, recorded August 16, 2001, Book 3115, Page 89 through Page 93, and Book 3115, Page 94 through Page 100; and two Amended Mortgages, recorded July 19, 2002, Book 3339, Page 464 through Page 470, and, Book 3339, 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 recorded document. ~U~ MAYOR ATTEST: ~~ 'k'. ~ CI LERK Approved by ~~ )-3-c>('., City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I 'i day of TlA~ ' A.D. 20..l2iL, before me, lhe undersigned, a Nolary Public in and for said County, in said State, personally appeared 55 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 authoriW" of its City Council, as contained in Resolution No.o'~22c.. adopted by the City Council on the J.L day ':r,..u.. w.. ' 20 0 \jp and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrumeHt to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. .. SONDRAE FORT ~ Commission Number 159791 . My Commission Expires - -0 ~.. \="wv Notary Public in and for Johnson County, Iowa _.___~______._.._.~_,__.____.__~_,_~___~~_._~__.~_._~__...".______._.__m_____.._.~~._.m_._.._._.___.~.~_._...__~_~_,.._.__~___. M13 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO, 06-227 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 918 DEARBORN STREET, IOWA CITY, IOWA. WHEREAS, on August 24, 1994, the owners executed a Rehabilitation Agreement, a Promissory Note, and a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; 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 918 Dearborn Street, Iowa City, Iowa from a Rehabilitation Agreement, a Promissory Note, and a Mortgage recorded January 5,1995, in Book 1856, Page 95 through Page 98, and Book 1856, Page 99 through Page 101, and Book 1856, Page 102 through Page 106 of the Johnson County Recorder's Office. Passed and approved this ~GL~ MAYOR lRth ATTEST: )'?tt'_MJ ,v, ~ CI CLERK A~y ~ ~-3-ofo City Attorney's Office It was moved by Bailey and seconded by Vandprhopf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y J[ x x x J[ []:J ____._~_..__.____.._._.___,___.._"___..~._"____.__..___._.__.m.__..___.__._______ Prepared by and retum: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City,lA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Mauro J. Heel< and Cannen K. Heel< Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 918 Dearborn Street, Iowa City, Iowa, and legally described as follows: The North five (5) feet of Lot Seven (7) and all of Lot Six (6) in Block Fourteen (14) in Rundell, Johnson County, Iowa, according to the recorded plat thereof. from an obligation of the owners, Mauro J. Heck and Carmen K. Heck, to the City of Iowa City represented by a Rehabilitation Agreement, a Promissory Note, and a Mortgage recorded January 5,1995, in Book 1856, Page 95 through Page 98, and Book 1856, Page 99 through Page 101, and Book 1856, Page 102 through Page 106 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds "PO" "" 10 the .bow ,roporty by re.,," of ". '"" reOO(2'(j j[Q~ MAYOR ATTEST: lh~ ~. ~ CITY . ERK Approved by ~~~ +-3...0"" City Attomey's Office STATEOFIOWA ) ) ss: JOHNSON COUNTY ) On this {CK day of -:r LLL.~ ' A.D. 20~, before me, the undersigned. a Notary Public in and for said County. in said State, personally appeared R s 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 --1.L day J l.A..~ ' 20 0 " and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrume to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i SONORAE FORT ~ '- Commission Number 159791 . . My Commission ExpIres ow --0 S......L.u.M Nolary Public in and for Johnson County, Iowa ~ D:J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-228 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 4 GLEASON DRIVE, IOWA CITY, IOWA. WHEREAS, on November 12, 2004, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; 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 4 Gleason Drive, Iowa City, Iowa from a Mortgage, recorded April 14, 2005, Book 3863, Page 581 through Page 585, of the Johnson County Recorder's Office. Passed and approved this 18th day of .Tn] v ,20.9.L-. ~U~ MAYOR ATTEST:~~~~J ~.~ CI LERK A~::~_ ~ "\-- i-'o~ City Attorney's Office It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: V;:ln(h~rhop..f 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): Stephen C. Shively and Stephanie Shively Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 4 Gleason Drive, Iowa City, Iowa, and legally described as follows: Lot 145 in Part Four Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 8, Page 41, Plat Records of Johnson County, Iowa. from an obligation of the owners, Stephen C. Shively and Stephanie Shively, to the City of Iowa City represented by a Mortgage, recorded April 14, 2005, Book 3863, Page 581 through Page 585, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds opo"". to Ih. ,b~ "ope'" by"""" of "td pri~ ~~ ~ ~ MAYOR ATTEST: ~ ck. -J!~ CITY RK Approved by ~~ 7-'.}-C~ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this I g dayof::J .......~ ' A.D. 20 0 b , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared R s 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 1hereto 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.ob-Uj adopted by the City Council on the ~ day 'J"...~ ' 20 0 \..t and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrume to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ SONDRAE FORT o ~ Commission Number 159791 . . My Commission Expires -7-0 ~.......L.",-~......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. 06-??Q 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 1830 HIGH STREET, IOWA CITY, IOWA. WHEREAS, on July 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 1830 High Street, Iowa City, Iowa from a Mortgage, recorded February 25, 2002, Book 3237, Page 139 through Page 142, of the Johnson County Recorder's Office. Passed and approved this 18th day of July ,20.1l.L-. QC.lAfl.t. MAYOR ATTEST: ~ .J!. ~~ CI LERK Approved by ~~ 4'i--C)~ City Attomey's Office It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: V~nnp.rhnp..f AYES: NAYS: ABSENT: x X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilbum 1{ 1{ X X 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): Daniel J. Carrell and Christine E. Wolle Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1830 High Street, Iowa City, Iowa, and legally described as follows: Lots 5 and 6, Block 4, Morningside Addition to Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owners, Daniel J. Carrell and Christine E. Wolfe, to the City of Iowa City represented by a Mortgage, recorded February 25,2002, Book 3237, Page 139 through Page 142 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds ",00 I'" I, Ih. ,b~. pro,,'" by ro",,, of ,,;d ,",,' rooo(;t:G ~~ . MAYOR ATTEST: fl1~.fI. ~ CITY'eLERK Approved by ~.1--1-0~ City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On lhis /9. day of ~......~ ,A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared R 5 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 ..1.'L- day -:r ...--, 20 0'" and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said ~e voluntary act and deed of said corporation, by it and by them voluntarily executed. I) SONDRAE FORT o J. Commil'sion Number 159791 . . My Commission Expires 1-7- 0 ~~F~ Notary Public in and for Johnson County, Iowa 1'1\1> [][J Prepared by: Susan Dulek, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO, 06-210 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 2409 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on July 8, 2005, the owner of 2409 Aster Avenue executed a Second Mortgage in the amount of $20,500 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the loan was fully paid on July 12, 2006; WHEREAS, the owner also executed a Resale and Occupancy Agreement on July 8, 2005; WHEREAS, the owner has met the obligations contained in the Resale and Occupancy Agreement; 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: 1 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 2409 Aster Avenue, Iowa City, Iowa from the Mortgage recorded on July 18, 2005, at Book 3908, Page 818, at the Johnson County Recorder's Office, and from the Resale and Occupancy Agreement for Property Located at 2409 Aster Avenue, dated July 8, 2005. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation and to record said certified resolution with the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the City. Passed and approved this 18th day of ,2006. MAYOR ATTEST: 7?r~ fl. ~~ CITY CtERK Appr~ by """_ ~~ ,.-f-Of, City Attorney's Office -_._---------,---_....._.~-----_._~-~_..__.._-'~-_._---,._.._------_._...._._-~,--_.- Resolution No. Page ? On-710 It was moved by Bailev and seconded by adopted, and upon roll call there were: AYES: x x x x x x x Vanderhoef the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RELEASE OF LIEN The City ofIowa City does hereby release the property at 2409 Aster Avenue, Iowa City, Iowa, and legally described as follows: Lot 2, Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, page 277, Plat Records of Johnson County, Iowa, from an obligation of the property owner, Amber 1. Port, to the City of Iowa City in the principal amount of $20,500 represented by a Second Mortgage recorded on July 18,2005, at Book 3908, Page 818, at the Johnson County Recorder's Office. The City of Iowa City does hereby further release said property from an additional obligation of the property owner, Amber 1. Port, to the City of Iowa City contained in the Resale and Occupancy Agreement for Property Located at 2409 Aster Avenue. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. By: ~ACITY'IOWA , C J '\~ ~- Ross Wilburn, Mayor By: ~k. cJ/~ M 'an K. Karr, City Clerk Approved by ~~ :.t-<('-CJ\., City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY) On this ~ day of ~""""''1 ' 2006, before me, the undersigned, a Notary Public in and for said County and 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 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 Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ~ SONDRAE FORT o ~ Commission Number 159791 . . My Commission EJcpIres -7-0 u_. Fo:rv Notary Public in and for the State ofIowa ---------~---------,,----~ ----"--------.--------------..--..----..--.,,-------------_._.,'''--,-_.,--_._--_._-~-_.._---_.~.,---'-,.~._- ~ c:J Prepared by: Susan Dulek, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-231 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RESALE AND OCCUPANCY AGREEMENT REGARDING THE PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, IOWA. WHEREAS, on July 12, 2006, the owner of 2409 Aster Avenue executed a Second Mortgage in the amount of $21,750 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, the owners have signed a Resale and Occupancy Agreement that sets out the requirements they must meet if they sell the home; and WHEREAS, it is the City of Iowa City's interest to execute said Resale and Occupancy Agreement. 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 to the attached Resale and Occupancy Agreement. Passed and approved this 18th day of Jul ,2006. U' ATTEST: fn/,,/'~....) N. ~~ cITY"ClERK Approved by ~~ 1-- )-~{, City Attorney's Office It was moved by Bailey and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn .-.~----_._--~_.._-~~~--------_.._-_.~._._------------_.,---,-_._-~~..._-_.,~---_.---_._--~----------_..,_.--,-- RESALE AND OCCUPANCY AGREEMENT FOR PROPERTY LOCATED AT 2409 ASTER AVENUE, IOWA CITY, lOW A This Agreement is made between Aisha B. Seals, a single individual (hereinafter "Buyer"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyer executed a Residential Real Estate Purchase Agreement wherein she offered to purchase from Amber 1. Port the following-described real property located in Johnson County, Iowa: Lot 2, Whispering Meadows Subdivision Part One to Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa, with a street address of2409 Aster Avenue, Iowa City, Iowa, (hereinafter "the property"); and WHEREAS, on July 8, 2005, the City sold the property to Amber 1. Port through the Affordable Dream Home Ownership Program; and WHEREAS, as a condition of said sale, Amber Port and the City entered into a Resale and Occupancy Agreement whereby Amber Port agreed that the property would be sold to an income-eligible household if it was sold within 15 years, and it is in the public interest to insure that the property remains affordable to families at or below 80% median income; and WHEREAS, the City will provide Buyer with a $21,750.00 loan which will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyer qualifies as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a total period of 15 years. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. Buyer hereby agrees and covenants that the property shall be owner occupied by Buyer until at least July 8, 2020, (15 years from the date of the first sale) or until such time as the property is resold. If the property is resold, Buyer hereby agrees and covenants that she shall comply with the remaining provisions of this agreement. 2. If Buyer pays off the second mortgage to the City in full prior to July 8, 2020, the property shall remain owner occupied by Buyer unless the property is resold consistent with the provisions of this Agreement. 3. Prior to July 8, 2020, Buyer shall not lease any interest in the property. 2 4. The City's second mortgage in the amount of $21,750.00 shall become due upon resale of the property, regardless of when resale occurs. If the property is resold, said second mortgage shall be paid out of the sale proceeds. Buyer agrees to pay City the full amount of said second mortgage regardless of when resale occurs. 5. In the event Buyer wishes to resell the property prior to July 8, 2020, the property must be sold to an income-eligible household at fair market value. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. The City will also determine whether the sale price is fair market value, and the City must approve the price before Buyer accepts a purchase offer. 6. Should Buyer desire to resell the property prior to July 8, 2020, she must immediately notifY the City of her intent to sell and must actively market the property. 7. If Buyer is unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyer with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. 8. If resale of the property occurs prior to July 8, 2020, Buyer and City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by Buyer as a result of the sale depends on the number of years Buyer occupied the property prior to resale according to the schedule attached hereto as "Exhibit A". 9. If resale of the property occurs prior to July 8, 2020, Buyer agrees to pay the City a $300.00 administrative fee to reflect the City staff time incurred to facilitate the resale. Buyer further agrees that the $300.00 fee will be paid at the time of closing on said resale. 10. If Buyer is no longer able to continue making mortgage payments to the primary bank/mortgage holder or fail to make mortgage payments for any reason, Buyer must immediately notifY the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If Buyer ceases making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. At the City's option, Buyer will 3 grant the City of Iowa City a warranty deed in lieu of foreclosure of the City's second mortgage to enable the City to resell the house to an eligible property owner. 1 I. If resale of the property occurs prior to July 8, 2020, Buyer acknowledges that: a. The "new buyers" will be required to sign a Resale and Occupancy Agreement in substantial compliance with the terms of this Agreement; and b. As a result, the resale must include a condition that the "new buyers" will be subject to selling and occupancy restrictions until July 8, 2020. 12. This Agreement shall be an "obligation" of Buyer under Paragraph 2 of the Second Mortgage. Violation of this Agreement by Buyer shall be an "event of default" under Paragraph 15 of the Second Mortgage. Signed this 1'(+1... day of ,-- J~ ,2006. BUYU 6. SJJ CZ;OWA CITY, IOWA By: (~~ Ross Wilburn, Mayor Attest: ~ f(. ~avJ Marian K. Karr, City Clerk By: Aisha B. Seals . ..__.._-_._----"-~._---------_.._.._. 4 EXHIBIT A PERCENTAGE OF APPRECIATED YEAR SOLD VALUE EARNED BY BUYER 1 5 2 10 3 15 4 20 5 30 6 40 7 50 8 60 9 70 10 80 11 80 12 80 13 80 14 100 N\, []:J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-717 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, CORALVILLE, IOWA FOR PROPERTY LOCATED AT LONGFELLOW MANOR SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on December 17,2004 and recorded on January 13, 2005, in Book 3835, Page 697 through Page 717, in the Johnson County Recorder's Office covering the following described real estate: Lot 6, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa. Lot 8, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa. Lot 9, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa. ("the Project") . WHEREAS, Hills Bank and Trust Company is financing a mortgage for a construction loan to the owner of the property located at Longfellow Manor Subdivision and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust Company, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Coralville, Iowa. Passed and approved this '^'" Q:' u ::M~ AYOR 20 -.llli-. ~ 06-232 Resolution No. Page 2 ATTEST: ~A-uJ K. ~ CITYERK ~J.-. _ . . .~ ~-<;'-o,.b City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: the Vanderhoef AYES: NAYS: ABSENT: x X X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and !:!i!.!! Bank and Trust Companv of Coralville. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortllalle which at this time is in the amount of $190.000, and was executed by Greater Iowa City HousinQ Fellowship. n/kla The Housinll Fellowship (herein the Owner), dated December 17. 2004, recorded January 13.2005, in Book 3835, Page 718 through Page 727, Johnson County Recorder's Office, covering the following described real property: Lot 6, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa. Lot 8, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa. Lot 9, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa. .,. WHEREAS, the Financial Institution proposes to loan the sum of $ 34.(" gOO. 0(') on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortllalle held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, inconsideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortllalle held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortllalle of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ...i5..-. day of ~...& ,2001,.. CITY OF IOWA CITY BY~U A~ t~ Mayor - FINANCIAL INSTITUTION By 4hi/.lY-J),-~~ Attest: ~ 1<'. ~~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this ( ~ day of TIAL , 20~, before me, the undersigned, a Notary Public in and for the State of lo~, personally appeared i<Dss W:\k'l''''- and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 01..- d3~ passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the I ~ day of -;r- ....~fe ' 20~, and that RoSoS: \..0; \1:.......,.", and Marian K. Karr acknowedged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~ SONORAE FORT o J. Commission Number 159791 . . My Commission ExpII'88 ow - - 0 ~M Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 30 -tk. vt" ~ ~ (Vtl,<)t\ D. Sc~o~0j (name(s) of person(s)) as . Vi~f\^t\.DA~+-- authority, e.g, officer, trustee, etc.) of tl;ll(l... l.j... I Hl.Ot r;: party of behalf of whom instruments was executed) . 2006 by (type of (name of 11\ eo.':t~~,=c~ ..... My Comm!rf4j El<Plres q 10I "1 I kL,(Sk, Notary Public in an for the State of Iowa My Commission expires: OJ 111/0:(- N\.\-~ r::J Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. Ofi-711 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST DOCUMENTATION FOR THE RELEASE OF A SCHOOL SITE COVENANT WITH WINDSOR RIDGE DEVELOPMENT WHEREAS, In September of 1994 Windsor Ridge Development executed a covenant with the City of Iowa City, agreeing to reserve a tract of land now legally described as Auditor's Parcel 99087 approximately 15.88 acres in size for conveyance and use as a public school site, and pay applicable School Impact Fees, if requested by the Iowa City Community School District within 13 years and 6 months of September 14, 1993; and WHEREAS, said covenant provides that if during said time period the School District notifies the City and Windsor Ridge Development Company the site will not be used for a public school, the City will execute a release of the covenant upon payment of any applicable School Impact Fees; and WHEREAS, the Iowa City Community School District Superintendent has given the City written notice indicating the School District does not intend to use the property as a school site within the applicable time period and there are no applicable School Impact Fees, and consenting to the release of the covenant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council find it is in the public interest to release the above-described covenant. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the Release of Covenant attached hereto. 3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, along with the release, said recording cost be paid by the owner of the subject property. 18th day of ~L ( ~C [_0 MA R Passed and approved this ATTEST: 7~~~,j(. 9'!~ CI . LERK Approved by .~~ 7)"'/cr., City ttorney's Office _._"._"._----_._._"._-----_._.,..__._'----~~----- Resolution No. Page 7 06-211 It was moved by R~i1 ~y and seconded by adopted. and upon roll call there were: AYES: x x x x x x x Var>derhoef the Resolution be NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and Return to: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St.,lowa City, IA 52240 (319) 356-5030 RELEASE OF SCHOOL SITE COVENANT AUDITOR'S PARCEL 99087 The City of Iowa City does hereby release all its right, title, and interest in the Covenant recorded November 23, 1994 at Book 1839 Page 73 with the Johnson County Recorder and the encumbrances placed on the property now legally described as Auditor's Parcel 99087 by virtue of said covenant. C2d 1 -it- MAYOR Approved by ATTEST:~=k kauJ CITY ERK f(~ IlflJ'/~(p City Attorney 5 Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I ~ day of TILc..~ ' A.D. 20 ob , before me, the undersigned, a notary public in and forl.{he 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. s~ ~cwii Notary Public in and for the State of Iowa (Page 1 of 1) - ..... A '" J' I ~ 'I' i!! .1 I ~ i'! Il"~1h:11 ~ ~ IPI"I!ll11J\ : i ~ IIIK olllllli- ( .." ..."".11 j o III. e I ~ .... : 0 I ..II I ~ III Iii , . I ~ ~, " -"' .......--. "'~~~J:O'" ;.. -ot'.(111l1a:)~'.(11:l""'ft'dllW"flJll ~1S:'8-J'~ ~ .,. o::c~""~.: "" W &W-ll&l-1.1IOflOtSJO~1-onoa-'nJO~.l.. .t t _'i, " J ":>NI . SJ.NV.L1OSNOO SNW 1..9066 IQaJvd 1ii:,.Jollpny - QA.mS jO ~d J.... _" l ~, ,. bili! ._m_..____ - - .-.- -...-- -.- .--.- lijjj---~-=;;;;-~==-~'l'~!1 t~~,.l,ihl; I 1 ali :cRI II \ i I lil'l . .1. ij " 0 \ I 9111(' .. i I \ I ~i!11 ~~~ \ 0 I R Ii: ft( 17 \1 \ i! I ! ~j 0 I r;.-- ---- I 0 i . f i - of- f I /1 0, .f'.: II ( Ri" i I Ll.- /'~I \ ~ il :.i> , I----~ I w: . l< Ii! I 'I ! I i f ; , '~ ' h~- ::.t: ,1.1I~ '.._ I (--...alf_-:__..- ,I w" I I! Ill'" : o 1 I~ HI I I ! l'l , i I ~ j I ~1!!tllJii I "l!tlkIJ f !. ~lli,i ! ffl~hlifl , '!1!l1I11 i il'll~lil 1 -1I"Jdb iii ~. f h'I'!U~i .1 '1';1 I I II 't*1 :i! !j l~~dill! :' It ,lr'lllllll , , 'i,"II" . I, li~lilll!il II I !l~:!ili'i' plll'[!illfIJ,! ! !, i fll!1 illl ~ I I ! iu ~ J'!l) :h, V I , -J I tIT! ! i I 1,11 .. , II', II I mi II . fll' . I _d I. ~ ~ Q ~". I" . .. .:i------ - - ----0.1' t ~/i, ~ hm! ,Iii :<F.I! ~ll(l L~! I!. ~", ._.._~..._--_.-"_...----,--_..-_._----_._--'-_._...._--- N\ -lq u ~ Prepared by: Gary Cohn, ITS Coord" 410 E. Washington St., Iowa City, IA 52240 (319) 356-5430 RESOLUTION NO. Oh-?'~ RESOLUTION ACCEPTING THE WORK FOR THE PARKING FIBER INTERCONNECT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Parking Fiber Interconnect Project, as included in a contract between the City of Iowa City and Gabe's Construction Co. Inc" of Sheboygan, Wisconsin, dated December 1, 2005, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $114,900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa, Passed and approved this 18th doym Q~J J ii~ MAYOR - . Approved by ATTEST:~ A~ k. ~ CI LERK //c__ ~ 7M~ City Attorney's Office It was moved by Bailey and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pweng\rnasters\acptwor1<.doc 9/99 1} l\ \} 4 SHIVE ,IIATTERY (319) 354-3040 (800) 798-3040 FAX: (319) 354-6921 http://www.shive-hattery.com July 7, 2006 Shive-Hattery, loc. 2834 Northgate Drive Iowa City, IA 52245-9568 City ofIowa City ATTN: Mr. Gary Cohn 410 East Washington Street Iowa City, Iowa 52240 RE: Parking Fiber Interconnect Project Dear Mr. Cohn: On June 8, 2006, a final walk-through for this project was conducted with Gary Cohn, Mike Meister, Rick Lewis and Terry Brockmann in attendance. Several remaining issues were discussed with Mr_ Brockmann and the scope of these items were determined to be of a minor nature and would be addressed by the City. Please process the final payment application submitted to you last week, which includes the retainage. Please note that the warranty period for all work will now begin_ We recommend that this project be accepted by the City ofIowa City_ It was a pleasure to be a part of your team on this project and we look forward to the next project. Respectfully submitted, SHIVE-HATTERY, INC. .,I!:} fuw" Electrical Engineer RAUmas 105238-0 N\~ (]lID Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-235 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TilE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR OlDE TOWNE VilLAGE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Olde Towne Village, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Paving improvements for Olde Towne Village, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 18 t h day of July a:()~~ MAYOR ATTEST: ~~.........) 1(. ~ CI ERK Approved by .'t';~ 71iz.b~ 6f:;::;:~ 0;; . . It was moved by Bailey and upon roll call there were: and seconded by Vanderhoef the Resolution be adopted, AYES: NAYS: ABSENT: x x y y X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y X pwenglresloldetownvill.doc 3 +(IC) \ 1 ~ i --= -..... .1.1""----... ~~~!:'"!. ",,--';'~~IIII" .....~ CITY OF IOWA CITY 4 [0 East Washington Street Iowa City, Iowa 52240*] 826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT July 10, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Olde Towne Village Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main, and paving improvements for Olde Towne Village has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, --?....JJ}?. ~ Ronald R. Knoche, P.E. City Engineer pwenglengrpl-oldetownvil!.doc RULES COMMITTEE MEETING MINUTES June 30, 2006 Committee Members Present: Correia, Vanderhoef Staff Members Present: Karr Youth Advisory Commission Bv- Laws The Rules Committee agreed to recommend approval of the by-laws as presented. (Membership of previously distributed June 15 Rules Committee Meeting was not correct) G:J ~3 ~'C(3) Prepared by: Marian Karr. City Clerk. 410 E. Washington St.. Iowa City. IA 52240 (319) 356,5041 RESOLUTION NO. 06-236 RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY YOUTH ADVISORY COMMISSION. WHEREAS, the Iowa City Youth Advisory Commission revised and unanimously adopted by- laws and; WHEREAS, it is in the public interest to adopt by-laws which guide the procedures and actions of the commission; and WHEREAS, the proposed by-laws have been reviewed by the Council Rules Committee, and are recommended for adoption. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The by-laws of the Iowa City Youth Advisory Commission, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. Passed and approved this 18th day of Julv ,2006. ~GjL MAYOR ATTEST: C~~~;;~~ K. ~ Approved By: ~~ Co - (<; -c~ City Attorney's Office It was moved by Bailev and seconded by Resolution be adopted, and upon roll call there were: V:=inclPThnpf the AYES: ---X.... --X.. ---1L ---lL ---X.... --X.. ---X.... NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn The Iowa Citv Youth Advisorv Commission By-Laws Article I . Name The official name of the organization shall be The Iowa City Youth Advisory Commission. Article II - Purpose . The mission of the Youth Advisory Commission is to promote understanding and awareness of Iowa City among Iowa City youth, allow a select group of youth to help make decisions concerning them and their peers, enable youth members to utilize and expand on their leadership abilities. to serve as a mechanism for communication between youth and adults in Iowa City and create a bridge whereon youth and adults can develop partnerships. . The Iowa City Youth Advisory Commission will empower, engage, and foster Youth participation in its local community; more specifically to provide a "sounding board" for youth issues affecting the Iowa City community youth. Article 11\ - Membership Shall consist of seven [7] members appointed by the City Council. Members shall be initially appointed for staggered terms as outlined in Res. # 05-371. Thereafter, members shall be appointed for two year terms and seats shall be filled accordingly to the requirements, as set below: . Four [4] persons ages fifteen-seventeen [15-17] . Three [3] persons ages eighteen-twenty-one [18-21] All ages shall be calculated on the date of the filing of applications, and all members shall be residents of Iowa City. Article IV - Meetings Section A: Shall be run in accordance will the most current edition of Roberts Rules of Order. Section B: Quorum must be attained before business can transpire; thus, four [4] commissioner present at one time shall constitute a quorum. Youth Advisory Commission By-Laws Page 2 Section C: Notice of official Commission meetings needs to be in accordance with Iowa Open Meetings Laws. Section D: The date/location/time of meetings shall be set by the Chairperson of the Commission [subject to approval by the Commission members] in conjunction with the City Clerk. Section E: Special meetings may be called by the Chairperson, or by a consensus of two [2] of the sitting membership of the Commission. Section F: Meeting shall be held, monthly, but not limited to. Article V . Elections Section A: Elections of new officers to a term will occur at the first meeting of the Commission after the first of each calendar year. Section B: Officers will be elected by a majority vote of the commission. Section C: Tenns of all officer positions shall be for one [1] year, but all persons are eligible for re-elections. Article VI - Officers Officers of the Commission shall consist of, but not limited to, Chair, Vice-Chair, and Secretary. Article VII - Duties Section A: The Chair shall preside and convene regularly scheduled Commissions meetings; Shall direct the business of the Commission; Shall work in conjunction with the City Council liaison and City Clerk to facilitate all work of the Commission in accordance with the City of Iowa City Ordinances and State Laws; Shall appoint all committees, and appoint other posts within the Commission, except those already mandated, with subject to approval by the commission. Section B: The Vice-Chair shall chair all committees on special subjects, except as designated by the Chair; shall assist the Chair in all work of the Commission; shall oversee all work of the Commission; provide ideas, and projects, for the Commission to undertake; shall preside in the absence of the chair. Section C: The Secretary shall be responsible preparing the minutes and forwarding them to the City Clerk for distribution; shall assist the ....--_._.,--_.._-,..._--~---,-_._-----~---_.'"'-".._.--.-.,.<- Yoath Advisory Commission By-Laws Page 3 Chair and Vice-Chair in their activities; shall work hand-in-hand with the City Clerk. Article VIII - Vacancies, Resignations, Dismissal Section A: Resignations shall be submitted to the City Clerk in writing. Section B: Prior notice of absences to the City Clerk shall be sufficient for an excused absence. Sections C: Two-thirds [213] of the Commission may recommend dismissal to the City Council. Article IX - Committees The commission may create various committees as needed. The Chair shall appoint all committee members, subject to approval by the rest of the commission. No more than three [3] Commission members may serve at once on a committee. Article X - Amendments Section A: These by-laws may be amended when necessary by two-thirds [213] majority of the Commission membership. Section B: Proposed amendments must be submitted to the Commission in writing, with possible decision and action to be scheduled for the following meeting. Section C: All changes are subject to approval by the Iowa City Council. ------------------------------------------------------------------- ------------------------------------------------------------------- These By-Laws of the Iowa City Youth Advisor Commission were approved at the meeting of the Commission on April 13, 2006. /.. /,' / City Clerk: City Council Liaison: ,./'....--- ------ /., "..' - ----- ------- .......... ------------------------------------------------------------------- ------------------------------------------------------------------- .....~.~----~-----~-~~-_._--- ~-----------_._~._- M~ r::::J Prepared by: Robert Miklo, PCO, 410 E Washington Street, Iowa City, IA 52240 319356-5240 (VAC06-00004) RESOLUTION NO.nh-?'n 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. Subject to a public access easement until Westport Drive is substantially completed and regular vehicular traffic is permitted thereon, 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. The Mayor and City Clerk of the City of Iowa City are hereby authorized and directed to execute a public access easement in a form approved by the City Attomey's Office, as well as the release of said easement upon substantial completion of Westport Drive and the permitting of regular vehicular traffic thereon. SECTION II REPEALER. All ordinances and parts of if ordinances in conflict with the provisions of this Resolution are hereby repealed. SECTION 111. 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. ed and approved this ..1.8.tlLday of T..1)' 20..llii..... MAYOR ATTEST: ~~c)( ~ CITY LERK Approved by III~ o/"~7~(P Cit; Att~ley' . ppadmlordlvac06-00004.-Nppert40ad.doc Resolution No. Page 2 Oh-717 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: x x x x x x NAYS: x Champion ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ )~ e.., Prepared by: Robert Miklo, PCD, 410 E Washington Street, Iowa City, IA 52240 319 356-5240 (VAC06-00004) RESOLUTION NO. A RESOLUTION VACATING A PORTION OF RUPPERT ROAD WITHIN AVI ION COMMERCE PARK NORTH. (VAC06-00004) WHEREAS, North Airpolt.... Development and North Airport Developme Part Two are being resubdivided as Aviation Commel'eEl Park North; and WHEREAS, The resubdivision r~laces portions of Ruppert Road with stport Drive and Spitz Court; and "- NOW, THEREFORE, BE IT ORDAI~D BY THE CITY COUNCI OF THE CITY OF IOWA CITY, IOWA: ~~, SECTION I. VACATION. The City of lowa~ty hereby vacates he rights-of-way legally described as follows: , ", The portion of Ruppert Road located within lots 1>~ an 1 of Aviation Commerce Park North - a Resubdivision of North Airport Development and No Airport Development Part Two. SECTION II REPEALER. All ordinances and pa Resolution are hereby repealed. SECTION III. SEVERABILITY. If any section rovision or part the Resolution shall be adjudged to be invalid or unconstitutional, such adjudication s II not affect the validi of the Resolution as a whole or any section, provision or part not adjudged invali or unconstitutional. SECTION IV. EFFECTIVE DATE. Thi esolution shall be in effect aft its final passage, approval and publication, as provided by law. Passed and approved this _ yof 20_. MAYOR Approved by &;/<t-i>& City Attorney' ppadmlordlvac06-00004-ruppert-road. doc M~ ~ Prepared by: Robert Miklo, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 (SUB05-00021) RESOLUTION NO. nh-?~R RESOLUTION APPROVING FINAL PLAT OF AVIATION COMMERCE PARK NORTH - A RESUBDIVISION OF NORTH AIRPORT DEVELOPMENT AND NORTH AIRPORT DEVELOPMENT PART TWO, IOWA CITY, IOWA. 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, 1033.22 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. Subject to execution of the attached Development Agreement for Lots 1 and 2 of the subdivision by Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust, the said final plat and subdivision located on the above-described real estate be and the same are hereby approved. Resolution No. ~238 Page 2 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 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, including but not limited to the attached Development Agreement for Lots 1 and 2 of the subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 18th day of July ,20.JlL. ~lJjL MAYOR ATTEST: mA.:__.J K. i!~ ~ Approved by ,f!t!1t:e~ City ttorney' Office 7!rWV:J It was moved by VRn~prl""pf and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be y ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn AYES: NAYS: x x x x y x ppdadmin\res\av;ationcommpar1<n.doc KUTAK ROCK LLP www.kutakrock.com ATLANTA CHICAGlO DENVER DES MOINES FAVETTEVILLE IRVINE KANSAS CITY L.ITTLE FlOCK LOS ANQELES OKLAHOMA CITY PASADENA RICHMOND SCOTTSDALE WASHINOTON WICHITA THE OMAHA BUILDING '650 FARNAM STREET OMAHA, NEBRASKA 68102-2186 402-346-6000 FACSIMILE 402-346-1148 MARGOT J WICKMAN margot.wickman@kutakrock.cOm (402) 346-6000 July 21,2006 VIA OVERNIGHT DELIVERY () :;:':0 ./''''' .,-', t-) r:;-;.'! C) er- e_. (""- p N .r=- 11 Mr. Steve Atkins City Manager The City ofIowa City, Iowa 410 East Washington Street Iowa City, IA 52246 ( ,-- .,- ..- , ~'-n ; ,I .~-l '_J 2: -;.:.. L-. Q;~ :>- j; <S U' Re: Purchase Agreement dated February 9, 2005 by and between The City of Iowa City, Iowa, as seller, and Wal-Mart Real Estate Business Trust ("Wal-Mart"), as purchaser, by assignment from Price Properties (as amended, the "Agreement") Dear Mr. Atkins: I am writing to you on behalf of and at the request of Wal-Mart to notify you of Wal- Mart's decision to terminate the Purchase Agreement. Pursuant to the terms of the Agreement, the Agreement shall hereby terminate and neither party shall have any further obligations pursuant to the Agreement. In a showing of good faith and without compromise of any rights of Wal-Mart under the Agreement, Wal-Mart also is hereby directing Lawyers Title Insurance Corporation, as Escrow Agent, to forward the initial deposit of $15,000.00 that it now holds to you. Thank you for your time and assistance in this matter. We look forward to working with you again in the future. Sincerely, fr17 {J;~~ /eM- Margot J. Wickman - .,...~ .-," .- cc: Mitch Behr, Esq. (via electronic mail) Mr. Jason Price (via electronic mail) CEDVl! n JUL 2 4 2006 lU 4828-9153.5873. 1 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 "the 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. 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; ii. 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, IAI#1721-02 6/22/06 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- i; 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#1721-02 6/22/06 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 g 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, IAI#1721-02 6122/06 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 3D-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, IN#1721-02 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, IN#1721'()2 6/22/06 Document Version 10 LawPack Number: 164765 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. All land 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 6/22/06 Document Version 10 lawPack Number: 164765 7 Dated this _ day of ,2006. \;::tO~AOO=A Ross Wilburn.~aYOr BY: ATTEST:Jf~~ k. ~ Marian K. Karr, City Clerk STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this ...LL day of ::rl.l"~ ' 2006, before me, the undersigned, a Notary Public in and for said County, in said tate, personally appeared Ross Wi 1 burn 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 corooration by authority of City council of said municipal corporation: and that the said Ross Wi 1 burn 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. ~a-ndno..... ~ Notary Public in and for the State of Iowa 4843-7760-9728.10 Iowa City. IAI#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 of Wal-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, 1A/#1721-02 6/22/06 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, IAI#1721-02 6/22/06 Document Version 10 LawPack Number: 164765 10 4843-7760-9728.10 Iowa City, IAI#1 721 -02 6/22/06 Document Version 10 LawPack Number: 164765 EXHIBIT A and A-1 IMPROVEMENTS AND DEVELOPMENT LAYOUT 11 :!~~ ~ ! ~ I ~ , I '" I '" , i , '" I ' e 1\ " . i , , . 0 , ... \ ~ , , \ , , I r !i!lf~.'_! I j ~ II t ! IlIlIU I ill nil i ~; : I ! ; _~ ~I.~ UIlI'ill! ~:1~ ~ ~~ 1!~1 ~~ ~ !Ii 1l1!IH ;~~I ::::!o... 'i'ld~~ n -< N ... . ~ ... ~ 001 . ~ '" ~ --- . " :::,:,.;..-'::._.:. ~~( - . '*';"'~~=::;,:'::."_ DfSIGN ~~~~~~~ KESOUlCES ~:;:_~~~;"}~~J:i_ ~~~'\W:::".. / - -.--.--- --- --- ---- -- - 1._.....",_ ,.._....""_ I ~= WAI.JHIARTo - -.1721-0. IOWA CITY, IOWA -- - -- ......'-- "..... ~: --- .....,... -...-..... , ---.. , -- / ' ---- .- , = ---.-'"' , I C:J (..7.' = ---...-1"] ! _ W&~fi\[Oh,' - - --- ! _ '^'""U -- . -- - " ~,-':"7 - ---- - III --::'-=-=."'- ""'" =---- . - -- IE --. ...... - "I ::':'_'= -'.-. r-. -- I~ - ....- -.- .....,.., ;1 =~-.:''"3;; ~- :.-: ~ f - ~.~~~T <D~- Will ... -- ....,. , " ( / .. __ EI ~.- , .* i~ ~ ~u \ ~_ II<>; --.-- ''''~ u.'-C"' El ---.-.- -;;',;;':',":m~! ---- -- .-.~. . ==;;.-.- ;::- :' / ___. ....::..", --81"1 -- ___ ' I - ---- /,,,_' ._~.__ r::1 0420. / / ,.,..,,==-.."'. /...../'-----._-- --'" :::.::::.. nn ,-,.N ...-- -.. ..-........- .- _ . 0 . T . .. 0 . . -- 1 OF 1 S"f 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 PAR NORTH - A RESUBDIVISION OF NORTH AIRPORT DEVELOPMENT AND NO TH AIRPORT DEVELOPMENT P T TWO, IOWA CITY, IOWA. nal plat of Aviation and North Airport WHEREAS, the owne the City of Iowa City filed with the City Clerk the Commerce Park North - a resubdivision of North Airport Developme Development Part Two, 10 City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision i located on the following-described real e te in Iowa City, Johnson County, Iowa, to wit: Beginning at the Southeast corne of Westport Plaza as recorded in oak 32 at Page 289 in the Records of the Johnson County Re rder's Office; Thence NOO'35' "E along the East line of said Westport Plaza, 754.71 feet; Thence 51'23'44"E, 59.53 feet to a p Int on the Southwesterly right-of- way line of Ruppert Road; Thence No westerly, 77.16 feet along aid right-of-way line and an arc of a 409.92 foot radius curve, concave rtheasterly, whose 77 5 foot chord bears N36'11'29"W; Thence N38'44'54"W, along said right-of- y line, 94.65 feet t a Point on the Westerly right-of-way line of Ruppert Road; Thence NOO'35'32 along said ri t-of-way line, 140.32 feet; Thence S89'29'19"E, 1041.99 feet; Thence N89'41' "E, 636.50 et; Thence N89'43'00"E, 491.70 feet; Thence S16'29'25"E, 429.89 feet; Thence N89 4'39"E, 3 .33 feet to a point on the Westerly right- of-way line of Riverside Drive; Thence S12'58'2 "E ala said right-of-way line, 156.47 feet; Thence N89'35'33"E, along said right-of-way line, 81.39 et; hence S12'59'02"E, along said right-of-way line, 213.05 feet; Thence S89'48'54"W, 453.47 f . Thence N16'31'12"W, 129.74 feet; Thence S70'15'04"W, 1033.22 feet; Thence S73'19'46"W, 21.45 feet; Thence N55'55'22"W, 93.05 feet to a point on the West line of the Northeast one-qu e of Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, J nso County, Iowa; Thence N01 '05'08"E, 27.24 feet to the North one-quarter corner of said See on 21; hence NOO'35'32"E along the West line of the Southeast one-quarter of Section 16 of s id Townsh ,229.94 feet to said Point of Beginning, containing 57.13 acres and subject to easeme ts and restric 'ons of record. WHEREAS, the Department of Planning and Community evelopment and the Public Works Department examined the proposed final p t and subdivision, <ll;1d recommended approval; and WHEREAS, the Planning and Zoning om mission examined\~e final plat and subdivision and recommended that said final plat and s bdivision be accepted and aeproved; and \ WHEREAS, a dedication has been ade to the public, and the subd\.~ision has been made with the free consent and in accordance wi the desires of the owners and proPfietors; and \ WHEREAS, said final plat and ubdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state and I cal requirements. NOW, THEREFORE, BE I RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final piat and subdivision located on the above-described real~state be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically _,u.,_~,____"________________._____.__. --,-"-"-~--------"'-_.~--~- Resolution No. Page 2 sets aside ions of the dedicated land, namely streets, as not being open for public access at the time of r ording for public safety reasons. 3. The Mayor and City lerk of the City of Iowa City, Iowa, are hereby authorized and d\J'ected, upon approval by th City Attorney, to execute all legal documents relating 10 said subdivision, including but ot limited to the attached Development Agreement for L s 1 and 2 of the subdivision, and to ce 'fy a copy of this resolution, which shall be affixed to e final plat after passage and approval i:j law. The City Clerk shall record the legal docu ents and the plat at the office of the Count Recorder of Johnson County, Iowa at the pense of the owner/subdivider. NAYS: MAYOR Passed and approved this ATTEST: CITY CLERK W~,~ It was moved by adopted, and upon roll call there were: the Resolution be AYES: ABSENT: Bail Cha Correi Elliott O'Donne Vanderho f Wilburn \ \ \ \ ,) ppdadmin\res\aviationcommparl<.n.doc ....~._------_._. Prepared by: Mitc IT. Behr, Assistant City Attorney, 410 E. Washing n St., Iowa City, Iowa 52240 DEVELOPMENT AGREEMENT FOR, LOTS 1 AND 2, RESUB YISION OF NORTH AIRPORT DEVE OPMENT AND NORTH AIRPORT D ELOPMENT PART TWO, IOWA TV, IOWA THIS AGREEMENT is hereby ade by and between W -Mart Stores, Inc., and Wal-Mart Real Estate Business Trust, together h einafter referred to a "Developer", and the City of Iowa City, Iowa, hereinafter referred to as "the "ly". SECTION 1. IMPROVEMENTS BY DEVELOP A. In consideration of the City approv the Final Plat for the Resubdivision of North Airport Development and North Airport D e pment Part Two, Iowa City, Iowa, the Developer agrees, as a covenant running wit the and that, except as provided in this Agreement, the City need not issue an occupan permit or the development of Lots 1 and 2 of said subdivision (hereinafter referred to as 'the devel ment site") unless and until the Developer completes and the City acce ts the folio . g (hereinafter referred to as "Improvements"): i. Reconstruction an relocation of Ruppert oad in the vicinity of the development site as depicted on the propos site plan attached hereto as Exhibit A an Exhibit A-1 including any imp vements which may be more particula described below. Sidew Iks four (4) feet in width on each depi ed on Exhibit A and Exhibit A-1; of curb to back of o travel lanes 12 et in width, as ii. Concrete ping at least 39 feet in width from bac curb on W stport Drive (a public street), containing feet in w' th and one continuous left turn lane 14 depicted n Exhibit A and Exhibit A-1; . iii. Drive as 4843-7760-9728.10 Iowa City, 1A/#1721-02 8/22/06 Document Version 10 lawPack Number: 164765 1 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. 'vate storm sewers and drainageways, public w,.{er mains, and public san ary sewers as shown on the Final Plat (the "Pla;:) in accordance with City ndards and specifications, as depicted 9" Exhibit A and Exhibit A- ~ / , / vi. Subdivisio erosion control measures wit~in the development site as required by t e City under its ordinances; vii. The following im rovements at the inter ection of Highway 1 and Ruppert Road, all as depic d on Exhibit A and xhibit A-1: (a) Design and c struction of alleft-turn lanes and a combination through lane a right-tur ane for traffic northbound on Ruppert Road turning to ghway 1 and corresponding traffic signalizations an co rol measures, as approved by the Developer, City and Iowa Department of Transportation; (b) Design and constr of a left turn lane extension for traffic westbound on Hi way turning south on to Ruppert Road and corresponding tr IC contr signalization and control measures, as approved by t Develop City and the Iowa Department of Transportation viii. Payment to the City f the sum of $100, 00.00 (the "Off-Site Improvement Contribution") as D veloper's total contrib tion towards the cost of all other off-site public imp vements necessary no or in the future, as a result of Developer's dev opment of the developmen site. B. Developer shall be r ponsible for the cost of acqUl ition of any and all third- party property rights, including ac ss rights, temporary constructio easements, permanent easements and/or fee simple ri t-of-way necessary to complete anlsljor resulting from the paving of Westport Drive and construction of the Highway 1/Rupp~ Road intersection improvements referred to ab e, whether obtained voluntarily or via ~inent domain as hereinafter provided. In the ent Developer is unsuccessful in reasonabl~ negotiating such acquisitions, then in consid ation of the public benefits from such of the I rovements, the City may consider instituti eminent domain proceedings to acquire such thir arty rights as necessary or shall con 'tIer redesigning the Improvements to facilitate com letion of the Improvements notwiths nding Developer's failure to acquire the necessary third arty rights. The use of eminent omain or redesign of the Improvements to facilitate compl tion of the Improvements shall e at the sole discretion of the City. 4843-7760-9728.10 Iowa City, IAI#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 agr that the obligation to install the Improvements herein shall be in accordance with the City's spe 'fications, and the obligation shall remain on the Developer until completion by the Developer, a until acceptance by the City, all as subject to Section 13. D. Develop's obligation to construct the Improvements shall be subject to the necessary land acquisit n and receipt of the necessary permits and other go ern mental approvals required for th construction of the Improvements, including permits fr the Iowa Department of Transport ion and the United States Department of Trans ortation, as applicable (the "DOT Per 'ts"). Developer, with the cooperation of the ity, shall, at Developer's expense, apply fo the DOT Permits. SECTION 2. OBLIGATIONS 0 ITY. The City shall be responsible for the ollowing (the "City Improvements") in connection with the de lopment of the development site: a. Taking all necessary tions to reasonably cooperate wi and assist Developer in modifying and reloc ing the flood plain boundary n the development site, through the letter of m amendment process wit the Federal Emergency Management Agency, at 0 veloper's expense. COMPLIANCE AND SECTION 3. STORM WATER COVENANT. In consideration of the City approving the Developer agrees as a covenant running with the I d t at, except as provided in this Agreement and subject to Section 7, the City need not issue a ccupancy permit for the development site until a Storm Water Control Facility for the develop nt site ("Facility"), including the site work incident thereto has been installed and released b th City. Developer agrees that the duty to maintain the Facility shall remain on the Develo er an its successors and assigns in interest. Said maintenance shall comply with the City's St rm Wate Management Ordinance. SECTION 4. CONSTRUCTION OF IMPRO The Improvements and Facility de cribed in Sections 1 and 3 of this Agreement shall be constructed and installed by the Develo r in accordance with p ns and specifications approved by the City Engineer of the City of low City, Iowa, who shall ha e the right to make occasional inspection of the work in progress. uch inspection shall not re 'eve or release the Developer from the responsibility to construct s Id Improvements and Facility p rsuant to the approved plans and specifications. Further, the p. rties agree and acknowledge th the City neither directs nor controls the progress of such ork in progress, and that the perf mance of any inspections hereunder does not create a s cial relationship and/or duty on the pa of the City to ensure that the Improvements and Facili are constructed and installed by the De loper in accordance with plans and specifications ap' roved by the City Engineer. 4843-7760-9728.10 Iowa City, IAI#1721-02 6/22/06 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 oc upancy or in the event any such improvements could reasonably interfere with the operation of Developer's planned developm nt, the City and its contractor agree to coordinate w: h Developer all plans, constructio and other work undertaken in connection with the Ci Improvements so as to ensure that ch construction and other work will cause as mini al interference as possible with Developer planned development. The City further shall gr nt to Developer, its agents, successors and signs, a license and temporary easement to nter onto property of the City necessary to cons ct the Improvements and Facility and to r ulate pedestrian and vehicular traffic to such areas ring the construction of the Improveme ts and Facility. If the Developer desl s an occupancy permit fo the site before it completes the Facility described in this Agreement, t Developer, its assigns r successors in interest, at the discretion of the City shall deposit with th City Finance Depa ment, in escrow, an amount equal to the estimated cost of said Facility, plu ten percent (10% thereof. The City Engineer shall determine whether to accept such an escrow in ieu of the co pletion of the Facility, as well as the amount of the escrow (hereinafter "Facility Escr "). The acility Escrow shall be applied and refunded in accordance with Section 9 below. In addition to the Facility Escrow, if bdivision Erosion Control measures have not been installed, with ground cover established rowth or recognized best management practice material, the City may require, as a condi on the issuance of an occupancy permit within the development site, that the Developer d posit i escrow with the City, the sum of $2,000.00 (hereinafter "Erosion Clean-up Escrow" to assure eimbursement for the cost of cleaning public streets, storm sewers, gutters or catc basins, whic may be incurred by the City as a result of erosion from the development site. In the case of the Facility Es row and Erosion Clea -Up Escrow, any escrowed funds shall be held in the City in a separate es row account dedicated s ictly for the purposes of this Section. The Developer agrees t accept responsibility for the ost of such clean-up, and to the extent that the Developer fails commence or diligently pursu erosion clean-up after 30 days written notice from the City, th City is hereby authorized, but not ligated, to do the work and to charge the cost thereof to t e Erosion Clean-up Escrow. The un sed balance of the Erosion Clean-up Escrow shall be r urned to the Developer promptly after ero ion control measures have been installed and ground ver has been established by growth. After the Erosio Clean-up and Facility Escrow, if acceptable, hav been established, the Building Inspector is thorized to issue an occupancy permit, if the appll ant is in compliance with all other applicab requirements and ordinances of the City. 4843-7760-9728.10 Iowa City. IAI#172,-02 6/22/06 Document Version 1 LawPack Number: 1 4765 4 SECTION 7. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building in the development, the City "n its discretion may require the Developer to construct and install the Facility as required b this Agreement; provided, however, that City may accept the Faci . y Escrow in lieu of completio of construction as set forth in Section 6 above. B. In he event the Developer's planned development is substa tially completed prior to completion of th Improvements or Facility, then in addition to any other ights of the Developer provided for herein, he City agrees that the City may, in its discre on, issue a temporary certificate of occupan which shall allow for the operation of s uctures located on the development site, in pr aration of opening a retail facility, includ" g, but not limited to, the installation of fixtures an stocking and staffing of the facility, an~ the City may amend such temporary certificate of occ ancy as necessary for the operati6n of a retail facility pending completion of landscaping 0 such other outstanding require~nts for the final certificate of occupancy. / I SECTION 8. USE OF FACILITY ES ROW MONIES FO~ACILlTY. If, after the issuance of an occup cy permit, th construction of the Facility has not been commenced within 60 days of issuance 0 such occ ancy permit, the City may, after 30-days written notice to Developer, use any funds d osited n the Facility Escrow to construct and install the Facility. The City shall refund to the Developer acility Escrow monies not used by the City for the construction and installation of the Fa llity romptly after the City's completion of the construction and installation of the Facility a Cl shall ovide the Developer a written accounting of the cost of the Facility to support the amou of the Fac .ty Escrow monies so refunded. SECTION 9. WAIVER. Subject to Section 13, if D veloper sells or conv s the development site without constructing or installing the Impro ements and/or Facility, the City shall have the right to install and construct said items. The c ts thereof shall be a lien and harge against the development site under the provisions of C pter 384 of the 2005 Code of I a, as amended. Developer acknowledges and agrees t t the entire development site is ~ecifically benefited by the Improvements and/or Facili ,and that the cost of installation and co,\struction thereof need not meet the requirements of tice, benefit or value as provided by the la, of the State of Iowa for assessment. \ SECTION 10. TION OF IMPROVEMENTS. \ Subject to I of the other provisions of this Agreement and any exhibi hereto attached, Developer shall without charge to the City, upon completion of any publ contemplated erein, unconditionally give, grant, convey and fully dedicate suc 4843-7760.972 .10 Iowa City, I 1721-02 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 sh II non-exclusively assign the rights to enforce all construction contracts, contractors' bo s and design agreements regarding such improvements to the City so that these may be en ced by the City after such acceptance. Developer will have no maintenance obligations with re ect to the public improvements after acceptance by the City. City' maintenance obligatio s with respect to public ways are set forth in Section 364.12 of the 2 5 Code of Iowa. Notwith nding the foregoing, Developer shall retain ownership to all pr' ate improvements located on e development site. SECTION 11. NO IMPROVE NT DISTRICT OR SPECIAL ASSESSMENTS. The City shall not create special assessment district for the purpose of assessing Developer for improvements it or he City is constructing pursuant to th terms of this agreement. Developer's construction f the Improvements and the Facility, ogether with the Off-Site Improvement Contribution, all set forth herein, represent the aximum liability of Developer to fund and pay for the Imp vements, the Facility and t City Improvements contemplated herein. The City waives any r Ruirement of Developer t ay any special or other assessment associated with the constructio of the Improveme ,the Facility or the City Improvements contemplated herein. SECTION 12. NO OBLIGATION TO CONSTRUC The City hereby acknowledges that Develope s of the date hereof may not own fee title to the development site and that Developer or i a Iiate intends to acquire fee title to the development site. The City and Developer ackno edge t is Agreement does not constitute an obligation on the part of Developer but sets f h conditio s precedent to the issuance of a certificate of occupancy. Notwithstanding a hing to the c trary contained herein, the City agrees that the development site may be ed for any lawful urpose. It is expressly agreed that nothing contained in this Agreeme shall be construed 0 contain a covenant, either expressed or implied, to either comme ce the construction of a ilding or the operation of a business or thereafter continuously perate a business on the d velopment site. The City recognizes and agrees that Devel er may, at Developer's sole disc tion, cease the operation of its business on the develo ent site and the City hereby wai s any legal action for damages or for equitable reli resulting from such cessation of busines activity by Developer. The City agr s that when the public Improvements and all other imp and sidewalks re ired hereunder have been installed within the develop ent site, to the satisfaction of t City, it will, upon request, promptly issue to the Developer, for ecording in the office of the ounty Recorder of Johnson County, Iowa, a good and sufficient elease for the developm t site, so that this Agreement will not constitute a cloud upon t title to the develop ent site. SECTION 13. RELEAS 4843-7760-9728.10 Iowa City, IAI#1721-02 6/22/06 Document Version 10 LawPack Number: 164765 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 develop ent site by reason of s h storm water management obligations, provided the City Engineer ce lfies that the following cond . ons and\or events have occurred: 1. acility has been substantially completed on that portion of e development site t e released. 2. An esc w account has been established with the City in an ount not less than $5,000 t which the City's liens should attach immediate upon execution or recording 0 he partial release. The City agrees to is e a total release for the Facility up certification by the City Engineer, in writing, that all of he following events and\or condit" ns have been satisfactorily completed: 1. Permanent ground co r is established and mo able. 2. Erosion and sedimentatl n are controlled in nformance with the approved plans and specifications. 3. All land within the tributary a 4. The Facility is complete. The Mayor is hereby authorized to exec te I releases and acknowledgements provided for in this Agreement, with the concurrence of the ty Engineer and the City Attorney. SECTION 15. CONDITIONAL ZONING AG Developer acknowledges that it is ound by the rms and conditions contained in the Conditional Zoning Agreement dated J e 7, 2005 and r orded July 11, 2005 in Book 3905, Page(s) 183-191 of the records in the J nson County Recor r's Office. \ SECTION 16. SUCCESSORS AN ASSIGNS. \ . \ The provisions of this A eement shall inure to the benefit~f and bind the parties, their successors and assigns and s II be construed as a covenant runni~ with the land and with title to the land. '. 4843-7760-9728. Iowa City, IAI#1 1-02 6/22/06 Document Version 10 LawPack Number: 164765 \ '. \ \ '. 7 \ \ \ \ Dated this _ day of ,2006. CITY OF IOWA CITY, IOWA BY: Ernest Lehman, Mayor / / / / On this _ day of , 2006, befo~ me, the undersigned, a Notary Public in and for said County, in said State, ersonally appe ed Ernest Lehman and Marian K. Karr, to me personally known, who being be m duly sworn did say that they are the Mayor and City Clerk, respectively of said municipal corpora' on exec ing the foregoing instrument; that the seal affixed thereto is the seal of said municipal co ora' n; that said instrument was signed and sealed on behalf of said municipal corporation by thority of City council of said municipal corporation; and that the said Ernest Lehman and M n K. Karr acknowledged that execution of said instrument to be the voluntary act and dee of id municipal corporation and by them voluntarily executed. ATTEST: Marian K. Karr, City Clerk STATE OF IOWA ) )SS: ) JOHNSON COUNTY ic in and for the State of Iowa 4843-7760-9728.10 Iowa City, 1A/#1721-02 6/22106 Document Version 10 LawPack Number: 164765 8 \ \ \ \ Approv8cI fsy //t~Vr t,(~uo~ City Attorney's Offie.e , \ \ \ \ \\ \ WAL-MART STORES INC., a Delaware corporation Date: By: / Michael E. Gardner / Regional Vice President. I of Design and Real ES}3te Ii STATE OF ARKANSAS / COUNTY OF /' i On this day of , 2006, ):lefore me, a Notary Public in and for said County and State, personally a eared Michael E. "Gardner, to me personally known, who being by me duly sworn did say that e is the the Re ional Vice President of Design and Real Estate ofWal-Mart Stores, Inc., a D ware corp ation, and that said instrument was signed on behalf of said corporation by autho . y of the rporation and that the said Michael E. Gardner acknowledged that execution of said in ume to be the voluntary act and deed of said corporation and by him voluntarily executed. My Commission Expires: \ \ \ , \ \ 4843-7760-9728.10 Iowa City, 1A/#1721-02 6/22/06 Document Version 10 lawPack Number: 164765 9 WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware trust Date: STATE OF ARKANSAS ) ) ss COUNTY OF ) By: Michael E. Gardner Regional Vice President of Design and Real Estate On this day of , 2006, before , a Notary Public in and for said County and State, personally appe ed Michael E. Gardne , to me personally known, who being by me duly sworn did say that he' the the Regional ce President of Design and Real Estate of Waf-Mart Real Estate Business rust, a Delaware rust, and that said instrument was signed on behalf of said corporation by uthority of th corporation and that the said Michael E. Gardner aCknowledged that execution f said instr ment to be the voluntary act and deed of said corporation and by him voluntarily exec ted. My Commission Expires: / 4843-7760-9728 /" Iowa City, IAf#~-02 6/22/06 Document Version 10 LawPack Number: 164765 10 \ EXHIBIT A and A-1 IMPROVEMENTS AND DEVELOPMENT LAYOUT // 4843-7760-9728.10 Iowa City, IAI#1721-02 6/22/06 Document Version 10 lawPack Number: 164765 11 / / , / / II / I / \ \ \ \ \ . \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ) / e ~~ ~ . " @ . / / ~ .. \ \ \ \\ '\ I j~li j !' >I >I >I J J J ~ I III m~ , Pill" , ,\'I!! I II II : I ~ I ii1mijl'llW , I ; 0 .. IIW1!l! ~:~~ ~ ~ ~ I I i II ;~ II lIil!j!IH n ~ f i d;: ~ "1 ";e "1 6: '" :::E::::l. x::7 I I :i~~ ! . I ~ ' . \ 'I !! !l! , I :! I " i " '. it , I 'I I '. I 'I I I h .J " Ii ~. ,I , " " " 'i' rlj'l,! I 1 !.' I G' I ! I \ \ " j,H ())()) m ~:J i{J Inn:! ~ ;: W~r = I bJU: i II ,. 111!!l!lllll llllilPi! 01011!1! I Ii! !II!! ,I 10 !II / ,I II l~ II 00 ~lilrff ~:i It U! i II , .. " ilH j'II' "z ',,' :: 0 Iii ,;' I il ~; : :I::::::l. ~ r-., I I . U ~~ I .~ IX] 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 PARK NORTH - A RESUBDIVISION OF NORTH AIRPORT DEVELOPMENT AND NORTH AIRPORT DEVELOPMENT PART TWO, IOWA CITY, IOWA. WHEREAS, the owner, the City of Iowa City filed with the City ~Ierk the final plat of Aviation Commerce Park North - a resubdivision of North Airport Defvelopment and North Airport Development Part Two, Iowa City, Iowa, Johnson County, Iowa; and I WHEREAS, said sudivision is located on the fOIlOWing-describedkeal estate in Iowa City, Johnson County, Iowa, to wit: / Beginning at the Sout ast corner of Westport Plaza as record~ in Book 32 at Page 289 in the Records of the Johnson ounty Recorder's Office; Thence NO 35'32"E along the East line of said Westport Plaza, 754.71 fee' Thence N51"23'44"E, 59.53 feet t a point on the Southwesterly right-of- way line of Ruppert Road; T nce Northwesterly, 77.16 feet al ng said right-of-way line and an arc of a 409.92 foot radius curve, c cave Northeasterly, whos 77.05 foot chord bears N36"11'29"W; Thence N38"44'54"W, along said . ht-of-way line, 94.65 fe t to a Point on the Westerly right-of-way line of Ruppert Road; Thence N "35'32"E along sai right-of-way line, 140.32 feet; Thence S89"29'19"E, 1041.99 feet; Thence 9"41'OO"E, 636. feet; Thence N89"43'00"E, 491.70 feet; Thence S16"29'25"E, 429.89 feet; Then N89"34'39", 395.33 feet to a point on the Westerly right- of-way line of Riverside Drive; Thence S1 "58'23"E ong said right-of-way line, 156.47 feet; Thence N89"35'33"E, along said right-of-way line, 8 .39 fe t; Thence S12"59'02"E, aiong said right-of-way line, 213.05 feet; Thence S89"48'54"W, 453. 7 et; Thence N16"31'12"W, 129.74 feet; Thence S70"15'04"W, 1033.22 feet; Thence S73"19'46' ,1321.45 feet; Thence N55"55'22"W, 93.05 feet to a point on the West line of the Northeast one q rter of Section 21, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa Cit , Joh son County, Iowa; Thence N01"05'08"E, 27.24 feet to the North one-quarter corner of said ection 1; Thence NOO"35'32"E along the West line of the Southeast one-quarter of Section 16 f said Tow hip, 229.94 feet to said Point of Beginning, containing 57.13 acres and subject to eas ents and rest 'ctions of record. WHEREAS, the Planning and Zo ng Commission examined recommended that said final plat a subdivision be accepted and g and Communit Development and the Public Works I plat and subdivision, nd recommended approval; and e final plat and subdivision and proved; and WHEREAS, the Department of Plan Department examined the proposed fi WHEREAS, a dedication has b n made to the public, and the subdi . ion has been made with the free consent and in accordance ith the desires of the owners and propn tors; and WHEREAS, said final plat d subdivision are found to conform with Chapter 354, Code of Iowa (2005) and all other state arid 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 certi a copy of this resolution, which shall be a ed to the final plat after passage and approval b law. The City Clerk shall record the leg documents and the plat at the office of the Coun Recorder of Johnson County, I a at the expense of the owner/subdivider. AYES: ,20_. Passed and approved this ATTEST: CITY CLERK Approved by #i~ {p/~,Iou, City Attorney's Office It was moved by adopted, and upon roll call there and seconded b the Resolution be ENT: , Bailey \ Champion Correia Elliott O'Donnell Vanderhoef Wilburn NAYS: ppdadmin\res\aviation comm park n.doc 1/ c:' . .Jd Prepared by: Mitchel T. Behr, Assistant City Attorney, 410 E. Washington St., Iowa City, Iowa 52240 DEV~OPMENT AGREEMENT FOR, LOTS 1 AND 2, RESUBDIVISI N OF NORTH AIRPORT DEVELOPMENT AND NORTH AIRPORT DEVEL PMENT PART TWO, IOWA CITY, IOWA , ' \ ' \ f! THIS AGREEMENT is hereby ma by and between Wal- art Stores, Inc., and Wal-Mart Real Estate Business Trust, together her~~er referred to as" eveloper", and the City of Iowa City, Iowa, hereinafter referred to as ''the ciiY\ WITN~SETH: / SECTION 1. IMPROVEMENTS BY DEVELOPE\ A. In consideration of the City approv g t e Final Plat for the Resubdivision of North Airport Development and North Airport Dev I ment Part Two, Iowa City, Iowa, the Developer agrees, as a covenant running with th land that, except as provided in this Agreement, the City need not issue an occupancy p it for the development of Lots 1 and 2 of said subdivision (hereinafter referred to as "th de lopment site") unless and until the Developer completes and the City accepts e f lowing (hereinafter referred to as "Improvements"): L Reconstruction and relo ation of R pert Road in the vicinity of the development site, as de Icted on the p oposed site plan attached hereto as Exhibit A and Exhibi A-1 including y improvements which may be more particularly descr" ed below. iL Concrete paving at last 39 feet in width rom back of curb to back of curb on Westport ive (a public street), c ntaining two travel lanes 12 feet in width and one continuous left turn lane 14 feet in width, as depicted on Exhi . A and Exhibit A-1 ; iiL Sidewalks fo (4) feet in width on each depicted on Exhibit A and Exhibit A-1; of Westport Drive as 4843-7760-9728.10 Iowa City, IAl1I1721-02 6/22/06 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- i; vi. Subdivision erosion control measures within the development site as required by t e City under its ordinances; vii. The following i rovements at the intersection of Highway 1 and Ruppert Road, all as depi ed on Exhibit A and Ex ibit A-1: (a) Design and onstruction of dua left-turn lanes and a combination through lane ~d right-turn Ian for traffic northbound on Ruppert Road turning \ on to High ay 1 and corresponding traffic signalizations ~d control measures, as approved by the Developer, City a~ the low Department of Transportation; (b) Design and constr tion f a left turn lane extension for traffic westbound on High y turning south on to Ruppert Road and corresponding traffic c tral signalization and control measures, as approved by the De loper, City and the Iowa Department of Transportation. viii. B. Developer shall be respon Ie for the cost of acquisition of any and all third- party property rights, including access ( hts, temporary c struction easements, permanent easements and/or fee simple right-of- ay necessary to co plete and/or resulting from the paving of Westport Drive and cons uction of the Highw 1/Ruppert Road intersection improvements referred to above, ether obtained volunta 'Iy or via eminent domain as hereinafter provided. In the event eveloper is unsuccessful i reasonably negotiating such acquisitions, then in consideration of the public benefits from s ch of the Improvements, the City may consider instituting emi ent domain proceedings to acq ire such third-party rights as necessary or shall consider r designing the Improvements to acilitate completion of the Improvements notwithstandin Developer's failure to acquire the cessary third-party rights. The use of eminent domai or redesign of the Improvements to cilitate completion of the Improvements shall be at tt:1e sole discretion of the City, , ; 4643-7760-9726.10 Iowa City. IAI#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 all be subject to the necessary land acquisition and receipt of the necessary permits a d other governmental approvals required for the construction of the Improvements, includi permits from the Iowa Department of Transportation and the United States Departme t of Transportation, as applicable (the "DOT Permits"). Developer, with the coopera on of the City, shall, at Developer's expense, a Iy for the DOT Permits. SECTION 2. OBLlGATI S OF CITY. The City shall be respolsible for the following (the "City Improvements") in connection with e development of the developme;\t site: / Taking all necess ry actions to reasonably 9boperate with and assist Developer in modifying and r cating the flood plaii boundary on the development site, through the letter 0 ap amendme~~.process with the Federal Emergency Management Agency, a Developer's e; ense. a. In consideration of the City approving th veloper's Storm Water Management Plan, the Developer agrees as a covenant running with e la that, except as provided in this Agreement and subject to Section 7, the City need not i sue an ccupancy permit for the development site until a Storm Water Control Facility for the developme site ("Facility"), including the site work incident thereto has been installed and rei ased by the '!y. Developer agrees that the duty to maintain the Facility shall remain on the eveloper and it successors and assigns in interest. Said maintenance shall comply with the ity's Storm Water M agement Ordinance. ORDINANCE COMPLIANCE AND SECTION 3. STORM WATER COVENANT. SECTION 4. CONSTRUCTION OF I PROVEMENTS AND FA L1TY. The Improvements and Fa . ity described in Sections 1 and of this Agreement shall be constructed and installed by the veloper in accordance with plans a specifications approved by the City Engineer of the City f Iowa City, Iowa, who shall have the . ht to make occasional inspection of the work in pro ess. Such inspection shall not relieve or elease the Developer from the responsibility to con ruct said Improvements and Facility pursuant to.. the approved plans and specifications. Furthe, the parties agree and acknowledge that the City\(1either directs nor controls the progress oj such work in progress, and that the performance 0\ any inspections hereunder does not c;reate a special relationship and/or duty on the part of the Ci~O ensure that the Improvements'and Facility are constructed and installed by the Developer in a ordance with plans and specifications approved by the City Engineer. 4843-7760-9728.10 Iowa City, IAI#1721-02 6/22/06 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 fevelopment. The City furth~ shall grant to Developer, its agents, successors and assigns, a'~'cense and temporary eas\!,ment to enter onto property of the City necessary to construct the I provements and Facility ~nd to regulate pedestrian and vehicular traffic to such areas during th construction of the 1m ovements and Facility. \ SECTION 6. OCCUPANCY PE~MIT AND ESCRO MONIES. If the Developer desires a~ occupancy pe mit for the site before it completes the Facility described in this Agreement, the Daveloper, its a signs or successors in interest, at the discretion of the City shall deposit with the City Finance epartment, in escrow, an amount equal to the estimated cost of said Facility, plus ten percen (10%) thereof. The City Engineer shall determine whether to accept such an escrow in Ii~ of t completion of the Facility, as well as the amount of the escrow (hereinafter "Facility Escrow"). he 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 establis d by growth or recognized best management practice material, the City may require, as a ondition to the issuance of an occupancy permit within the development site, that the Develo er deposit in escrow with the City, the sum of $2,000.00 (hereinafter "Erosion Clean-up Es row") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters 0 catch basins, which may be incurred by the City as a result of erosion from the development e. In the case of the F i1ity Escrow and Ero 'on Clean-Up Escrow, any escrowed funds shall be held in the City in a sep' rate escrow account d icated strictly for the purposes of this Section. The Developer grees to accept responsibi'W for the cost of such clean-up, and to the extent that the Devel per fails to commence or dilig ntly pursue erosion clean-up after 30 days written notice from e City, the City is hereby authori ed, but not obligated, to do the work and to charge the cost ereof to the Erosion Clean-up Es row. The unused balance of the Erosion Clean-up Escr shall be returned to the Developer p mptly after erosion control measures have been installed and groundcover has been establishe 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 c~y, IN#1721-02 6/22/06 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 subst,mtially completed prior to completion of the Improvements or Facility, then in addition to any oth9f rights of the Developer provided for herein, the City agrees that the City may, in its discretion, issue a temporary certificate of oc~ncy which shall allow for the operation of ;structures located on the development site, -'i/1 preparation of opening a retail facility, including, but not limited to, the installation of fixtures' nd stocking and staffing of the facility, ~d the City may amend such temporary certificate 0 occupancy as necessary for the oper~ion of a retail facility pending completion of landscapin or such other outstanding requiro/llents for the final certificate of occupancy. / , / SECTION 8. USE OF FACILlT ESCROW MONIES FpR FACILITY. / If, after the issuance of an cupancy permit, e construction of the Facility has not been commenced within 60 days of issua ce of such 0 upancy permit, the City may, after 30-days written notice to Developer, use any f ds deposi d in the Facility Escrow to construct and install the Facility. The City shall refund to the Develo e any Facility Escrow monies not used by the City for the construction and installation of the cility promptly after the City's completion of the construction and installation of the Facility n shall provide the Developer a written accounting of the cost of the Facility to support the amo nt 0 the Facility Escrow monies so refunded. SECTION 9. WAIVER. \ Subject to Section 13, if eveloper se~ or conveys the development site without constructing or installing the Impr ements and/~~\acility, the City shall have the right to install and construct said items. The c ts thereof shall b~ a lien and charge against the development site under the provisions of C pter 384 of the 200~ Code of Iowa, as amended. Developer acknowledges and agrees t t the entire developn\ent site is specifically benefited by the Improvements and/or Facili~ and that the cost of instaJlation and construction thereof need not meet the requirements of tice, benefit or value as provided by the law of the State of Iowa for assessment. \ \ ;ATION OF IMPROVEMENTS. J 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#1721-02 6/22106 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 Sect~ 364.12 of the 2005 Code of Iowa. Notwithstanding the foregoing, Developer shall retain rnership to all private improvements located on the development site. ! I SECTION 11. NO tMPROVEMENT DISTRICT OR SPECIAL ASSESfMENTS. I The City shall ot create a special assessment district f the purpose of assessing Developer for improve nts it or the City is constructing p suant to the terms of this agreement. Developer's c nstruction of the Improvements an the Facility, together with the Off-Site Improvement Contr ution, all as set forth herein, re resent the maximum liability of Developer to fund and pay r the Improvements, the F ility and the City Improvements contemplated herein. The City aives any requirement of veloper to pay any special or other assessment associated with th construction of the I rovements, the Facility or the City Improvements contemplated herei SECTION 12. NO OBLIGATION TO The City hereby acknowledges at Dev oper as of the date hereof may not own fee title to the development site and that De lope or its affiliate intends to acquire fee title to the development site. The City and Develope a nowledge this Agreement does not constitute an obligation on the part of Developer but se forth conditions precedent to the issuance of a certificate of occupancy. Notwithstandin a ything to the contrary contained herein, the City agrees that the development site may b us for any lawful purpose. It is expressly agreed that nothing contained in this Agree nt sh II be construed to contain a covenant, either expressed or implied, to either com nce the onstruction of a building or the operation of a business or thereafter continuousl operate a usiness on the development site. The City recognizes and agrees that Devel er may, at De eloper's sole discretion, cease the operation of its business on the develo ent site and th City hereby waives any legal action for damages or for equitable relief esulting from such ssation of business activity by Developer. The City agre that when the public Improvem nts and all other improvements, Facility and sidewalks re Ired hereunder have been installe within the development site, to the satisfaction of the City, it will, upon request, promptly issu~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 cons .itute a cloud upon the title to the development site. \ 4843-7760-9728.10 Iowa City, IAI#1721-02 6/22/06 Document Version 10 LawPack Number: 164765 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: The Facility has been substantially completed o~that portion of the development site to be released. / An escrCl ccount has been established with;the City in an amount not less than $5,000 to w . h the City's liens should at~ch immediately upon execution or recording of the rtial release. / , The City agrees to issue a tal release for thf Facility upon certification by the City Engineer, in writing, that all of the fo wing events ~d\Or conditions have been satisfactorily completed: 1. 2. 1. Permanent ground cover is es blish and mowable. 2. Erosion and sedimentation are ont oiled in conformance with the approved plans and specifications. 3. All land within the tributary area i e development has been developed. 4. The Facility is complete. SECTION 15. CONDITIONAL ZON G AGREEMENT. Developer acknowledges at it is bound by the term and conditions contained in the Conditional Zoning Agreement ated June 7, 2005 and record July 11, 2005 in Book 3905, Page(s) 183-191 of the record In the Johnson County Recorder's Qffice. \ \ \ SECTION 16. SUCCESSO S AND ASSIGNS. , , The provisions of lI1is Agreement shall inure to the benefit of a'rtQ bind the parties, their successors and assigns and shall be construed as a covenant running witl\the land and with title to the land. 4843-7760-9728.10 Iowa City, 1N#1721-02 6/22/06 Document Version 10 LawPack Number: 164765 7 Dated this _ day of ,2006. STATE OF IOWA ) )SS: ) JOHNSON COUNTY CITY OF IOWA CITY, IOWA BY: Ernest Lehman, Mayor / ! / / / // ATTEST: Marian K. Karr, City Clerk On this _ day of , 06, before me, the undersigned, a Notary Public in and for said County, in said State, erso ally appeared Ernest Lehman and Marian K. Karr, to me personally known, who being be e Iy sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corpor tion executing the foregoing instrument; that the seal affixed thereto is the seal of said municip c rporation; that said instrument was signed and sealed on behalf of said municipal corpor ion b\ authority of City council of said municipal corporation; and that the said Ernest Lehm n and M~ian K. Karr acknowledged that execution of said instrument to be the voluntary act nd deed ot-.. said municipal corporation and by them voluntarily executed. . / 4843-7760-9728.10 Iowa City. IAI#1721-02 6/22/06 Document Version 10 lawPack Number: 164765 \ Notary ~blic in and for the State of Iowa \ \ \ Approved By //i~ Zr c,(2-~t:)(p City Attorney's Office 8 --~~-_._.".~,--"------~""------- Date: STATE OF ARKANSAS COUNTY OF WAL.MART STORES INC., a Delaware corporation By: Michael E. Gardner Regiqhal Vice President of gesign and Real Estate ) )~ )'~ i i , / I On this . day of , 2006, before me, a Notary Public in and for said County and State, personally a eare Michael E. Gardner, to me personally known, who being by me duly sworn did say that e' the the Regional Vice President of Design and Real Estate ofWal-Mart Stores, Inc., a D ware corporation, and that said instrument was signed on behalf of said corporation by aut or of the corporation and that the said Michael E. Gardner acknowledged that execution of s id ins ument to be the voluntary act and deed of said corporation and by him voluntarily execut . My Commission Expires: / 4843-7760-9728.10 Iowa City.IN#1721-Q2 6/22/06 Document Version 10 LawPack Number: 164765 \. \ \ Notary Public \\ \ \ \ \ , \\ \ \ \. \ \ 9 .--.------------.-.----------.-.--...- --.-----..--...-.--.---- ~.._..-."'-,_._-_..._.,._--'~.._._-~......- Date: \ STATE OF ARKANSA$ '-, ) , ) ss " COUNTY OF WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware trust By: Michael E. Gardner Regional Vice President of D7" ,,' R,,' E,tato , On this day of 2006, before me, a Notary Public in and for said County and State, person Iy appeared Mic el E. Gardner, to me personally known, who being by me duly sworn did sa that he is the e Regional Vice President of Design and Real Estate of Wal-Mart Real Estate siness Trus , a Delaware trust, and that said instrument was signed on behalf of said corpora 'on by a hority of the corporation and that the said Michael E. Gardner acknowledged that e cution of said instrument to be the voluntary act and deed of said corporation and by him volunta e cuted. My Commission Expires: 4843-7760-9728.10 Iowa City, IAI#1721-02 6/22/06 Document Version 10 LawPack Number: 164765 10 EXHIBIT A and A-1 IMPROVEMENTS AND DEVELOPMENT LAYOUT / / / / 4843-776o-972B.10 Iowa City, IN#1721-02 6/22/06 Document Version 10 LawPack Number: 164765 11 ~// / / / / / / / / / / :~~~ ~ ! ~ I ~ '" ~ '" o !i ! If IIII'IIIIIIIW! -, j I -j' -, ' I" .- '/' -I "/ 0'\ . \ \ \ I HIlt! I , , I , , I "!lll~ III i II ~ qlPI I II i i I ~ ~ ' IE ?< Ir / I. 6 fiEI'I'l!'l' ,: i ~~::I::::l. 'I; ~~ ~ i hPlf ~~~:J::7 I ~ ~H ~II ,~ll!~ 2', \ " !i ! '---- '! ',L", :'~\,.. ' : ~ ~ .1 ,. ~~ 'I :" :I~~ I,H())(J},wf'Ol' '(Djl i,!IOD: i ~~ t: L ~ : " I . .: li i" 11l1!1!II:illllP!!i! 'II 1'1- ! I I! Pi ill p ! I . . mlm ill! I II I! I !m i! I : I II Ii! II mm ! ~ i . lilll fff nmI: i III I '" II i .. " ~ r ! ~ u ~~ I .~ 'I~ 11/1111 ~ i P ,1,1 . . i ::J:::::l. ~ I Page 1 of 1 s-~ Marian Karr From: Wtaylorlaw@aol.com Sent: Saturday, July 15, 2006 8:57 AM To: .City Council; Regenia Bailey; Ross Wilburn; amy-correa@iowa-city.org Cc: Julie Tallman; iowacitystopwalmart@yahoo.com Subject: Resolution to approve final plat for Aviation Commerce Park- Wal-Mart site Dear Council Members: At your July 18 meeting you will be asked to vote on approving the final plat for the Wal-Mart site. I have reviewed the resolution, the development agreement and the site plan. Approval of the final plat is a condition of the development agreement, and the development agreement is based, in part, on the site plan. In turn, the site plan shows the Wal-Mart facility being constructed in the flood plain. As you know, the Board of Adjustment recently refused to give Wal-Mart a special exception to fill in the flood plain. Therefore, the site plan is invalid. I believe this makes the final plat invalid, and that you should not vote to approve the final plat. There is no basis for approving the final plat if Wal-Mart cannot build the facility according to the site plan. Thank you for considering these comments. Wallace L. Taylor Attorney at Law 118 3rd Ave. S.E., Suite 326 Cedar Rapids, Iowa 52401 319-366-2428;(Fax)319-366-3886 Attorney for Iowa City Stop Wal-Mart and 1000 Friends of Iowa 7/17/2006 (C(Q)flr :J Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF 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 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; Co encing at the Southwest Corner of the Northwest One-Quarter of Section 1 , ownship 79 North, Range West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa; T nee N02051'01"W, along the est line of the Northwest One-Quarter of said Section 15, a dista e of 549.76 feet, to a point on the nterline of Old Benton Street; Thence N86054'03"E, along s d Centerline, 33.00 feet; Thence S02051 "E, 15.52 feet, to the Point of Beginning; Thence N510 '26"E, 2.92 feet; Thence N79022'20"E,15.9 eet; Thence N86054'03"E, 168.85 feet; Thence SO 51'01"E, 21.27 feet to a point on the South Right-o - ay line of Old Benton Street; Thence S86054' "W, along said South line, 186.98 feet, to a point 0 he East Right-of-Way line of South River' e Drive; Thence N02051'01"W, along said East line, 17.48 et, to said Point of Beginning. Said R" ht-of-Way Vacation contains 0.09 acres, (3,740 square feet), a is subject to easements and res ctions of record. WHEREAS, Professional Muffler c. has made a req st to acquire said right-of-way, as well as City-owned Auditor's Parcel 20 081 consisting 4,658 square feet located to the east of their site; WHEREAS, upon public hearing the Co cil nds that the conveyance of said property for compensation in the amount of $67,058.73, s leel to necessary utility easements and provisions related to the City sanitary sewer located t' the building site at 708 S. Riverside Drive, to adjacent property owner Professional Muff r Inc, in the public interest. NOW, THEREFORE, BE IT RESOL D BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. reby approve of the conveyance of its interest in the above- described property, s jeel to necessary utility easements and the following provisions related to the City s itary sewer located within the building site at 708 S. Riverside Drive, to adjacent p perty owner Professional Muffler Inc. a. Prior to moval of the footings for the current building to be replaced by a new buildi on top of the sewer, Professional Muffler would have to line the sewer ben ath the building. The segment of the sewer from the manhole located just n hwest of the site to the manhole located just southeast of the site would need t be lined with a cured-in-place liner. b. Prior to placement of a new building on top of the sanitary sewer, the current sewer easement would be amended to provide that the City is not responsible for damage to the building caused by its placement over a sewer. c. The City would retain a sewer easement over portions of the property to be conveyed, for possible relocation of the sewer in the future. Resolution No. Page 2 2. The M~or and City Clerk are hereby authorized to execute all necessary documents, in form apprOV19d by the City Attorney's Office, to complete said conveyance. Passed and approved thiS. "'>-..., ATTEST: CITY CLERK day of """ ,20_. OR ". Approved by . "".,". ;/ftZlff v-1r b/?ki;{o '",-City Attorney's Office "~ , ~ M~ r- ) "'1 Prepared by: Mitchel T. Behr, Ass't City Attorney. 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-?1Q RESOLUTION AUTHORIZING CONVEYANCE OF 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. 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 5th 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 o18'260E. 2.92 feet; Thence N79022'20"E. 15.91 feet; Thence N86054'03"E. 168.85 feet; Thence S02051'010E. 21.27 feet to a point on the South Right-of-way line of Old Benton Street; Thence S86054'030W. 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 up to 4,057.47 square feet of 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. upon public hearing the Council finds that the conveyance of said property for compensation in the amount of $4.40 per square foot for portions of the property to be encumbered by easement and $12.58 per square foot for the unencumbered portion of the property. subject to the necessary sanitary sewer easement. the provision of a plat of survey for the right-of-way to be conveyed. and the following 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: 1. Prior to removal of the footings for the current building to be replaced by a new building on top of the current sewer. 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. with the City paying the cost of lining the portion of the sewer lying outside the Professional Muffler site. on public property. up to a maximum of $25.000. 2. Retention of a sewer easement within the property conveyed for future relocation of the sewer. The sewer will not be reconstructed in its current location. 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 conveyance of its interest in the above- described property. upon the terms and conditions described above. to adjacent property owner Professional Muffler Inc. Resolution No. 06-219 Page 2 2. The Mayor and City Clerk are hereby authorized to execute all necessary documents, in form approved by the City Attorney's Office, to complete said conveyance. Passed and approved this 18th d.,m (~LJ AL MAYOR ATTEST: ~L<~~ k. ~--vJ CI LERK Approved by ~ 7//z...!e?c, City Attor~11'offi';"' . I Resolution No. Page 1 06-239 It was moved by O'Donnell and seconded by adopted, and upon roll call there were: AYES: x x x x x x NAYS: x Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ ~ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB06-00001) RESOLUTION NO. 06-240 RESOLUTION APPROVING THE FINAL PLAT OF PARROTT ESTATES ADDITION, IOWA CITY, IOWA. WHEREAS, the subdividers, Kevin and Wayne Parrott, filed with the City Clerk of Iowa City, Iowa, the final plat of Parrott Estates Addition, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: THE NORTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 2, TOWNSHIP 79 NORTH, RANGE SIX WEST OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, EXCEPT AUDITOR'S PARCEL 2003138 AS RECORDED IN PLAT BOOK 47 AT PAGE 215 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, JOHNSON COUNTY, IOWA, CONTAINING 17.95 ACRES AND IS 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 after due deliberation, recommended acceptance and approval of the plat; 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 conform with all of the requirements of the Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The final plat of Parrott Estates Addition, Iowa City, Iowa located on the above-described real estate is hereby approved. 2. The City accepts the dedication of the street, easements as provided by and specifically sets aside portions of 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 certify this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 06-240 Page 2 day of (~ ,20~. (....JA~ MAYOR Passed and approved this 18th ATTEST: )~~ ~ ~ CITY ERK z~ ~#*~ It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Bailey the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliot O'Donnell Vanderhoef Wilburn x x x x x x x pcdIstaff reportslreslfinal-resSUB06-00001.doc -----,_._-~-----~_..."..._.._....~---_."._._-'-'~._-----_._-_.._.._.,-_.._-~---_.._._--~-----~..." 5fY\. STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar Item: SUB06-00001 - Parrott Estate Date: February 2, 2005 Addition (Previously Lacy's Run Addition) GENERAL INFORMATION: Applicant: Kevin Parrott 74 Golfview Court, North Liberty, IA 52317 (319) 665-3217 Contact Person: Susan Evers MMS Consultants 1917 S Gilbert Street, Iowa City, IA 52240 Phone: (319) 351-8282 Requested Action: Subdivision Final Plat Purpose: Development of a 2-lot residential subdivision Location: Conklin Lane - to the east of SI. Joseph Cemetery Size: Approximately 17.94 acres Existing Land Use and Zoning: RS-8 Surrounding Land Use and Zoning: North: Undeveloped - RS-8 South: Park - P (Hickory Hill Park) East: Park - P (Hickory Hill Park) West: Cemetery - RM-12 Comprehensive Plan: North District Plan - Large Loti Rural Residential Neighborhood Open Space District: Hickory Hill File Date: January 12, 2005 February 27, 2006 45-Day Limitation Period: 60-day limitation Period: March 13, 2005 BACKGROUND INFORMATION: The applicant, Kevin Parrot, is requesting approval of the final plat of Parrott Estate Addition, a two-lot residential development with a large out-lot, on approximately 17.94 acres of land. At their January 10 meeting the Council approved the preliminary plat for this subdivision. The preliminary plat was named as Lacy's Run Addition. The applicant has requested that name of the subdivision be changed to Parrott's Estate Addition. 2 ANALYSIS: The final plat as submitted is, in general, consistent with the preliminary plat. With this subdivision, only one additional single-family residential lot will be added. Legal papers have been submitted and are being reviewed by the City Engineer and the City Attorney. A 50-foot wide right-of-way (R-O-W) dedication and a 10-foot wide temporary construction easement, required for future improvements to the Conklin Lane, are shown on the plat along the west boundary of the property. Due to an existing house on the property this R-O-W dedication is narrower by 2 feet in the north-west section of the property. The plat indicates a note that the additional 2 feet R-O-W and the temporary construction easement will be granted to the City when the house is removed from this location. This issue should be addressed in the legal papers. Neighborhood Open Space: Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to dedicate 0.70 acres of open space or pay fees in lieu of dedication. The applicant has shown this dedication in the south-east section of the Out-lot A. The Parks and Recreation Commission recommended approval for this dedication. Infrastructure Fees: Water main extension fee-$ 395 per acre (a total of $790 for two acres)-is required for lot 1 and 2. Outlot A will be subject to such infrastructure fees, when developed. Sanitary sewer service is currently not available in this area. Both, the existing and the proposed lots on this property will use septic tank system for sanitary sewer needs. The properties need to be connected to the sanitary sewer infrastructure in the future when Outlot A is developed. This should be noted in the legal papers for the final plat. STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies noted below are resolved. Upon resolution of these items and subject to staff approval of legal papers prior to City Council consideration, staff recommends approval for SUB06-00001, a final plat for Parrott Estate Addition, a 17.94-acre, 2-lot single-family residential subdivision located on Conklin Lane. DEFICIENCIES AND DISCREPANCIES 1. Signature block for the utility providers 2. Dimensional, labeling errors, and other errors and discrepancies identified by the City Engineer ATTACHMENTS: 1. Location Map 2. Preliminary Plat ~' Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development pcd\staffreports\subQ6..00001 parrottestate-final CITY OF IOWA CITY ~ j CAROLINE o~ RS I DRIVE l I I /1 /~I CN1 I -~ /1 . - J ----------- - ~ ------ I ------ I / -- ------ I / I / ------ I ~;R I z \ I ~ \ z \ \ :c '" z 0 \ u I \ I // Hickory I RIVI,12 Hill Pork I /~ ., /' , ____ I "~ , I , I Cemetery , I I I SITE LOCA nON: Parrott Estate Addition S U 806-0000 1 I 1 I I I FINAL PLAT 17.95AC. PARROTT ESTATES ADDITION IOWA CITY. IOWA M _.....,. _..."'" ..oe_.._........ _."."....'N... ......~._ IIr..U O__RIPTKN PUTjPl.AIfAPPllOvr:D" THHNOR1llONE.HALFOFTIIE SOJI1lEASTONE-QUARTEROFTH.E ~~ b)' U. SOUTlrwESf O~.QlJARTER OF SF.cTJQN 1, WWNSHIP 79 NORTIl, RANGE _ ~... eilv of 10... ell_ SIX V,'ESf OF THE FIlTH P1UNClPAL MERIDIAN, IOWA CITY, JOHNSON - 00. _17 f M " " COJNTY,J.CNIA,EXCEPTAUDITOR'SPMI.CEI.200JIJIIASRECORDIlDIN , . PLAT ROOK ~7 AT PAGE 21~ IN THE RECORDS [Jl' THE JOHNSON COl;wrv I RF.C01UJER, JOHNSON COONTV. IOWA, CONTAINING 17.9' M~JlES AND IS ; _ _ SUBJECTTOEASEMDlTSANllRESTJUCflONSOFRECORD jiI II 'w =~~-='~';;:'=-":in.. - -.-.... ....... , ........-.. .......- n.. ~ _t:aIIIULftIrIlIlII:. -.-,,.,...,,,. I .._ 11171llU1R~". UCllU"IIII'Cf ~~-=:?\c~.:.= .=.:a;,:.. IllQ em, JIll, MhO IIlIlIII 18m. IOWA 11m I '('.. aIIII --- ' ..... ~ AlII ."M AIIIlWlIlRA PABm' AIUA __ I CIVIL ENGINEERS --- - 11N11CD1'11O"_-"D'1IC__l.GCA_lIIILlI'I" ICDI~UIII Illtl. WMIlIIInllIIIIT. SVITI_ LAND PLANNERS ..__.....:I1D'____y....._taItOlICCIfY DUarI Dl'lllDlO IOI'ACIrY IllhIlDlO ___ _ fJI_OTY_1IC~-.7lt(l. . '\.. I LAND SURVEYORS ,.". "'" . d"" " , .",.,. ~ LANDSCAPE ARCIIITECTS - - A.... u..m _ _ ___ _ rGIl1C _ __...... _ f~#' ,,# IETLAND SPECIAIJSTS 1O~::.(F_-an__--.- _ns_--. 1'fl'a.GI.IIeRl'ST. __ =~..- IOWACIl'Y,1OWA -~ Il'I,CST.tNl8UlED """'-- (I'It)M1-6'. &" - I- i 112_ PI!" crrv I'lRVIeW oun...OT A ~ ~~ _ACIEB """'RnUECE'oB-OPU>ITl =~:.... ~- ii--____ N1/2- .-8W\l4 ! ~~~ l '..1"'--'- i :1 -~- :, __ JIJ . ).. :i r=-.::::.- .,p(f",j.. ~ i . ,-t~... ~ _ ; FINAL PLAT ~ ,.s""'~~" ! OUTLOT B PARROTT ESTATES il " ! ..E....,'o.oClE ADDITION ENLARGEMENT .! lIll._...._........._ NOT TO SCALE -.....- :=oW::: rF --- -~. frt#- I =oc;-::.:- #'" ~ ~'~'::' I ...-{t! .rfP _ST___ (/" ~.:'::"'.m.. AI'amONa=nEN1I2 I ..:-::=..... Cl-nese1/4SW1/4C1- \ ~"- PARROTT ESTATES =l~~':~ I LEGEND AND NOTES + ~ ' ...,:g.COI.IfIY.1DWA I -- + ---- II .41-/ . X :=-==~_ i~: ../~.f., ~ :=="tfI-loo....... J ....-~:<;"_... ~~. .-... . -01I-';!"""- I :.-.m ___ __ . :-......=="..:n .: ( U !i MMSCONSULTAHTS,INC. ____-="=--=:=.-CII':... jY1~" ~ ,: - 12/16105 - - - -:~===--CIII"_ . I' : """"PM" --- - I I ,::::::_::~',-::_::_::_::_:jfi~=:.: . ! -.. ::: - ':'"' di-, -___ ~: cnE1ERY _.. ... . ,~ .........._....__lII_.2lI-. __-.....__.IIn__ - - 1 mDllJl1OSlRlStnS.....'flXI'I.2D.lllIllfttT ~ lDWAaTY I__.__h_.- I LOCATION MAP NOT TO SCALE 7471-001 ... ..\14<10\.."........,.-...-- ,,.""'........ M, L1:J Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 06-241 RESOLUTION APPROVING A SECURITY INFORMATION POLICY PURSUANT TO HF 2590, CODIFIED AT IOWA CODE SECTION 22.7(52). WHEREAS, HF2590, which is codified at Iowa Code section 22.7(52) and which went into effect on July 1, 2006, provides that certain "[i]nformation concerning security procedures or emergency preparedness information" is a confidential record under Iowa's open records law if a governmental body adopts a policy identifying such records; WHEREAS, the City Council has determined that certain confidential information developed and maintained by the City concerning security procedures or emergency preparedness for the protection of City employees, visitors to City facilities, persons in care, custody or control of the City, and City property, if disclosed, could reasonably be expected to jeopardize such employees, visitors, persons and property; and WHEREAS, the City Council wishes to adopt a Security information Policy for the protection of said employees, visitors, persons, and property. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, iOWA THAT: The following Security Information Policy is adopted: The following information shall be kept confidential unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information: a) Information directly related to vulnerability assessments; b) Information contained in records relating to security measures such as security and response plans, security codes and combinations, passwords, restricted area passes, keys, and security or response procedures; c) Emergency response protocols; and d) Information contained in records that, if disclosed, would significantly increase the vulnerability of critical physical systems or infrastructures of the City to attack. Passed and approved this ~ day of T111y (~U~ MAYOR ATTEST: );~u.J k. ~ CITY ERK A~)~ 7-/0 - 01" City Attorney's Office Resolution No. Page 2 Oh-n1 It was moved by Bailey and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: x x x x x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~\ ADVERTISEMENT FOR BIDS 2006 WATER MAIN REPLACEMENT - RIDGE ROAD BORING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 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. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 18th day of July, 2006, or at such later time and place as may be scheduled. The Project will involve the following: Boring approximately 750 linear foot of 8" PVC Water Main. Pipe material and boring pits to be supplied by City of Iowa City Water Division. All work is to be done in strict compliance with the plans and specifications prepared by City of Iowa City Public Works - Engineering Department, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: Q Early Start Date: Julv 24. 2006 Late Start Date: Auqust 7. 2006 Liquidated Damages: $100.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Iowa City Public Works - Engineering Office, 410 E. Washington St., Iowa City, Iowa, by bona fide bidders. A $15.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Treasurer of the City of Iowa City, Iowa. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM ~ Date: July 3, 2006 To: Ron Knoche, City Engineer Sarah Okerlund, Civil Engineer1$P ~/ uP ~~ Ridge Road Water Main Replacement- Boring Project Update From: Re: Correction: The portion of the Ridge Road water main project currently out to bid (2006 Water Main Replacement - Ridge Road Boring Project) will be given 5 working days as opposed to the 10 days stated at the June 2ih Council Meeting. A working day is considered a week day where weather does not impede the construction work. Ridge Road is not expected to be closed for this work; it will be completed under traffic control. Update: At the June 2ih Council Meeting, a question was asked regarding the current road closure of Ridge Road in relation to the 2006 Water Main Replacement Project. Weather permitting, final pavement repair is scheduled for mid-July and Ridge Road is expected to be open to traffic by July 21, 2006. Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. -----,--~-_..._--- RESOLUTIO SIGN AND CONSTRUC RDING CONTRACT AND A JHORIZING THE MAYOR TO THE CITY CLERK TO ATT T A CONTRACT FOR N OF THE RIDGE ROAD WATER AIN BORING PROJECT. 1. of has submitted the lowest for construction of the a ve-named project. WHEREAS, responsible bid of $ NOW, THEREFORE, BE IT CITY, IOWA, THAT: ITY COUNCIL OF THE CITY OF IOWA adequate performance and program statements. above-named project is hereby awarded to , subject to the condition that awardee secure nd, insurance certificates, and contract compliance The contract for the 2. The Mayor is hereby authori construction of the above-na adequate performance and program statements. to sign and the City Clerk to attest the contract for d project, subject to the condition that awardee secure ent bond, insurance certificates, and contract compliance Passed and approved this da of ,20 NAYS: Approved by 4'~ ,;'Z;I1lP ATTEST: CITYC d by nd upon roll cali there were: the Resolution be AYES: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng\res\ridgerdawrdcon.doc 7/06 M~ ~~ Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO, OIi-?4? RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE RIDGE ROAD WATER MAIN BORING PROJECT, WHEREAS, Gaylord Construction, Inc. of Fort Madison, Iowa has submitted the lowest responsible bid of $20,250.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Gaylord Construction, Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 18th day of Julv ,20 06 ~U:L , MAYOR ATTEST: ~~ K. ~ CI LERK Approved by 114/7 ~'Z Zr 'City Attor y's Office ">4 .s-IO'y,. It was moved by r.hampion and seconded by Railey adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y x pweng\res\ridge rd-gaylord.doc DEFEATED 1 b Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION SETTING PUBLIC HEARING FOR TO CONSIDER A PROPOSAL FOR A FOURTH 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, 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, said purchase agreement, as previously amended, provides for closing to occur no later July 31, 2006, unless a later date is mutually agreed to in writing by the City and Wal-Mart; and WHEREAS, Wal-Mart Real Estate Business Trust has requested an amendment to the purchase agreement as set forth in the attached letter from its attorney. 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 consider the proposed amendment to the purchase agreement between the City of Iowa City and Wal-Mart Real Estate Business Trust. 2. A public hearing on said proposed amendment should be and is hereby set for , 2006, at .m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this day of ,20_. MAYOR ATTEST: CITY CLERK Approved bY. ~ _/Iii[t fX 7/r~~ City Attorn y's Office ._.....-----_._".~~------_._.._-~.,,-~'--- .. ..__..._,-"~..---,-_..----,-----<----_'_-_"'_'_----_'_----"--.-.- Resolution No. Page It was moved by and seconded by adopted, and upon roll call there were: DEFEATED the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ])l50{ 1b h.5 7 ~7 KUTAK ROCK LLP www.kutakrock..com ATLANTA CHICAGO DENVE~ DES MOINES FAYETTEVILLE IRVINE KANSAS CITY LITTLE ROCK LOS ANGELES OKLAHOMA CITY PASADENA RICHMOND SCOTTSDALE WASHINGTON WICHITA THE OMAHA BUILDING 1650 FARNAM STREET OMAHA, NEBRASKA 68102-2186 402-346-6000 FACSIMILE 402-346-1148 MARGOT J. WICKMAN margot.wickman@kutakrock.com (402)S46-6000 July 17, 2006 VIA ELECTRONIC MAIL Mitch Behr, Esq. Assistant City Attorney 410 E. Washington Street Iowa City, IA 52240 Re: Purchase Agreement by and between City of Iowa City (the "City") and Wal- Mart Real Estate Business Trust ("Wal-Mart"), as assignee of Price Properties, LLC Dear Mitch: I am writing in connection with the above-referenced purchase agreement to request that an item be placed on the agenda for the upcoming meeting of the City Council on July 18, 2006 to consider amending the Purchase Agreement to (a) extend the outside closing date as set forth in Section 16(a) of the Purchase Agreement to August 31, 2006; and (b) modify the closing structure to provide that the Closing will be an escrow closing, on substantially the following terms (i) at Closing the Purchase Price shall be deposited into escrow with the Escrow Agent (as defined in the Purchase Agreement); (ii) at Buyer's discretion, the Purchase Price may be deposited with Escrow Agent by allocation pursuant to a letter of credit existing in favor of Escrow Agent; (iii) the escrow shall terminate upon the earlier of (aa) two years or (bb) the date Wal-Mart has obtained all governmental and third-party approvals (including, without limitation, a building permit) and third-party property rights (including access, temporary construction, permanent easements and right-of-way acquisitions) for its planned development and all periods for bringing appeals, petitions for certiorari, motions for reconsideration or rehearing or other proceedings in error have expired in connection with all such approvals and property rights (collectively, the "Escrow Conditions"); (iv) if upon termination of the escrow the Escrow Conditions have been satisfied, the Purchase Price shall be paid to the City and the deed conveying the Property shall be recorded (if such deed has not previously been recorded); and (v) if at termination of the escrow the Escrow Conditions have not been satisfied, the Purchase Price, less the City Escrow Fee (as hereinafter defined) shall be repaid to Wal-Mart (or reallocated under the letter of credit, as the case may be) and the City Escrow Fee shall be paid to the City. Notwithstanding the foregoing, if the parties mutually agree at any time during the escrow that the Escrow Conditions shall not be satisfied prior to the expiration of the two-year 4834.2820.9921.1 KUTAK ROCK LLP Mitch Behr, Esq. July 17, 2006 Page 2 period, then the parties may mutually agree in good faith to terminate the escrow prior to the expiration of such two-year period. In such event, the City Escrow Fee shall be paid to the City and the balance of the Purchase Price shall be repaid to Wal-Mart. For purposes of this letter, the "City Escrow Fee" shall be an amount equal to the amount of interest accrued on the Purchase Price from the date of Closing through the date of termination of escrow at a rate of five percent (5%) per annum. Thank you for your assistance. s~~~ Margot J. Wickman 4834-2820-9921.1