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HomeMy WebLinkAbout2006-12-12 ResolutionM~ 4c 8 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION N0. 06-366 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA 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: Quality Inn & Suites, Highlander Conference Center - 2525 N.Dodge Street Passed and approved this 12th day of ember (/ 1 (//2j'0//~.• / ~,1/ Y T~ MAYOR Approved by ATTEST: ~ ~ '~ ~ 1 ^ S _~ ~ CI CLERK City Attorney's Office It was moved by Champion and seconded by Bat 1 ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey g Champion x Correia x Elliott ~ O'Donnell g Vanderhoef g Wilburn M-~~ - - ~' 4e 1 Prepared by: Mitchel T. Behr, Asst. Ciiy Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-367 RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 9, 2007, ON A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FALEY PROPERTIES, L.L.C., FOR LOT 5 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION WHEREAS, the North Airport Development Subdivision and North Airport Development Part Two Subdivision include commercial lots which have been marketed for sale to the general public; and WHEREAS, City has negotiated a purchase agreement for the sale of Lot 5, North Airport Development, to Faley Properties, L.L.C., a copy of which agreement is attached hereto. and requires City Council approval. 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 attached purchase agreement between the City of Iowa City and Faley Properties, L.L.C. 2. A public hearing on said purchase agreement should be and is hereby set for January 9, 2007, at 7:00 p.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 itch day of December ~ r /, 20 MAYOR Approved by ATTEST: ii-~- ,~. .c-, ~z"/(C/Db CI LERK ity Attorney' Office Resolution No. Page ~_ It was moved by champion and seconded by sailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn NOV-27-2006 MON 0132 PM (W[ MOTOR PARTS EAR N0. 563 556 5758 P. O1 COUNTER OFFER To: City of Iowa City Faley Properties, LLC (Hereinafter "Buyer") hereby accepts the attached Offer to Purchase Real Estate and Acceptance (Purchase and Sale A$reemenl} executed by Fa1ey Properties, LLC on October 20., 2000, Buyer agrees to the following modifications in said contract: 1. The Ptuchasc Price of" 399,921.00" in paragraph 1 of said coatract is replaced with the Ptrchase Price of "$420.000.00". 2- The Closing Date of "no later than three hundred thirty (330) days after format approval of the agreement by the City ~ Date of i no 1 C than one hundred f said contract is replaced with the Closmg twenty (120) days after formal approval of the agreement by the City Council of Iowa City". 3 guys recognizes Lot 5 is currently below flood plane and agrees to take Lot S in existing condition 4. If this Counter Offer is not accepted by Seller an or before the 28'" Day of November, 2006, at 5:00 o'clock P.M., it shall bocomo void and all payments shall be returned to Buyer. 5. Seller maybe required to glue 3 e 8c clear of all lease obligatio supant of property and doliver property &e 6. Offer is contingent upon City of Iowa City rezAning said property to CI-1. 7. Soper must provide plat and all comers of !ot must be marked with survey pins. Dated this ~~ day of November, 2006 Buyer Faley Properties, LLC By: Teddy .fop _Mem er,_('fitlc) ~~ da of_ 7'N--.- This Counter Offer is acceptal this __ _ Y At -. _Lp--..- _ (A.MlP-lvf J CITY OF IOWA CITY, TOWA BY: Stephen .Atkin ity Manager NOV 27,2006 15:45 563 556 5756 Page 1 Purchase and Sale Agreement Pagel OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE (PURCHASE AND SALE AGREEMENT) TO: City of Iowa City, an Iowa municipal corporation (hereinafter "City). IWI Motarparts (hereinafter "Buyer'), hereby offers to buy alt the City's right, title and interest in the real estate legally described as follows: Lot 5 (approximately 137,904 sf) of North Airport Development, Iowa City, Iowa, according to the plat thereof recorded at Plat Book 43, Page 182 with the Johnson County, Iowa Recorder (legal description to be approved by Buyer) together with all the City's right, title and interest iri all Improvements, if any, located on the above= described real estate, and under any easement and servitudes for the benefit of the City, free and clear of all liens, encumbrances, reservations, exceptions and modifica0ons except for the Permitted Exceptions, as defined below. The entirely of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear, merchantable Glle, subject to the following "Permitted Exceptions". 1. Zoning and building laws and ordinances; 2. Subject to covenants, restrictions, reservations and easements of record approved by Buyer. Inconsideration of the covenants and obligations contained herein, the parties agree as follows: 1. PURCHASE PRICE. The purchase price shall be $399,821.00 (the "Purchase Price"), paid as follows: $5,000 with this offer to be deposited upon acceptance of this offer, in the trust account of Iowa Realty Commercial, delivered to the City at the time of closing and transfer of possession, if any, and the balance payable in full ai the time of closing and transfer of possession. 2. ABSTRACT AND TITLE. City shall promptly deliver to the Buyer for examination an abstract of title for the Property, continued to a date subsequent io the date of this Offer, prepared pursuant to Iowa Cade Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with the government patent to the Property and show merchantable title in City, subject only to Permitted Exceptions. The costof the continuance oT an existing abstract shall be paid by the City. The City shall pay all costs required to deliver marketable title to the Property and City shall pay the cost of any additional abstracting andlor Purchase and Sale Agreement Page 2 title work due to acts or omissions of City, including transfers or death of City or assigns. The abstract shall become the property of the Buyer when the Purchase Price is paid in full. 3. DEED. At the time of closing and upon payment of the Purchase Price, City shall convey the Property to Buyer by Warranty Deed, free and clear of alt liens, restrictions, and encumbrances. 4. POSSESSION AND CLOSING. Subject to fhe Buyer's and City's timely performance of all obligations herein, closing shall be held at a time mutually agreed upon by City and Buyer, no later than three hundred thirty (330) days after formal approval of the agreement by the City Council of Iowa City pursuant to paragraph 16 of this agreement (the "Closing Date"). On and after the Closing Date and upon payment of the Purchase Price, the Buyer shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, if any. 5. CONDITION OF THE PROPERTY. Buyer will purchase the Real Estate and improvements thereon in their present condition with no warranties or representations from City regarding the condition of the property or improvements thereon. Within ninety (80) days of formal approval of this agreement by the City Council for City pursuant to paragraph 16 of this agreement, the Buyer, at its expense, shall have the right to conduct such investigations, Inspections and inventories of the Property and wnditions related to the Property, including but not limited to surveys, soil tests, well wafer tests and/or reports, environmental studies, review of zoning andlor other applicable legal regulations and costs of development, as it deems reasonable or necessary prior to closing. The City hereby grants the Buyer, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Offer for the purposes of investigating, inspecting and pertorming inventories of the Property and to determine if there are any environmental deficiencies, including hazardous ' materials, substances, conditions, or waste. Buyer shall indemnify and hold harmless City from and against any and ail expenses, claims, or losses arising from or in connection with any activities of Buyer, its officers, agents, employees, or contractors on the Property prior to the Closing Date, including without limitation, any attorney's fees or court costs occasioned by such claims. Buyer shall be deemed to have approved of any such investigations, inspections and inventories unless written notice is delivered to City within ninety (90) days of formal approval of this agreement by the City Council for City pursuant to paregraph 16 of this agreement. In the event of disapproval of any such investigations, inspections and inventories, Buyer may terminate this agreement and all payments made shall be returned to Buyer. 6. STATUS QUO MAINTAINED. The Properly shall be preserved in its present condition and City shall deliver it intact at the time possession to the Buyer is given. All risk of loss or damage to the Property is on City until the Buyer takes possession. Prior to possession by the Buyer, City shall promptly give written notice to the Buyer of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the Buyer shall have the option to terminate this Agreement. effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the Buyer shall have the option to either. (1) take possession of the Property and accept an assignment of all City's right, title and interest in and to any claims City has under the insurance policies covering the Property; or {2) terminate this Agreement effective immediately. Buyer shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. Purchase and Sale Agreement Page 3 7. TAXES. City shall pay apro-rata share of any taxes on the Property (real and personal) for the fiscal year (July 1 -June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and real estate tax exemptions that will actually be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2006. If, at the time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. 6. REMEDIES OF THE PARTIES, in the event of default hereunder, Buyer and City is entitled to utilize any and ail remedies or actions at law or in equity available to them with respect to this agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 9. SPECIAL ASSESSMENTS. City shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before the Closing Date. 10. TIME IS OF THE ESSENCE. Time is of the essence of this agreement. 11. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in Interest of the respective parties. 12. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 13. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 14. AGENCY DISCLOSURE. City is represented in this transaction by real estate agent Harty Wotf of NAI Iowa Realty Commercial. Buyer Is represented in this transaction by real estate agent Sam Hanna of Prudential Partners Real Estate. 15. NOTICE. Any notce required under this agreement shall be deemed perfected when it is received in writing either by personal delivery or upon the date of the posting of said notice posted by Certified Mail. Such notices to Clty shall be sent or delivered to City of Iowa City, Attn. City Manager, 410 E. Washington St., Iowa City, Iowa, 52240. Such notices to Buyer shall be sent or delivered to IWI Motorparts 155 N. Crescent RDG, Dubuque, Iowa. 52003. 16. IOWA CITY COUNCIL APPROVAL. City's obligations under this agreement are contingent upon formal approval by the City Council for Iowa City, pursuant to Section 364.7 of the Code of Iowa. City shall seek said approval promptly after acceptance of execution of this agreement by the City Manager on behalf of the City. Purchase and Sale Agreement Page4 17. DUE DILLIGENCE 8 ZONING NOTIFICATION. After formal City Council approval. Buyer has 30 Days Due Diligence without exception to determine the feasibility of intended use. If at any point within the 30 days buyer determines property is not feasible, Buyer may withdraw offer. The City hereby notifies buyer that property is currently zoned CC2. Any use not permitted in CC2 would be subject to review & approval by the Ci[y. Buyer recognizes lot 5 is in flood plane and that fill might be needed to bring building above Flood plane. 18. TIME FOR ACCEPTANCE. If this offer is not accepted by the City Manager on behalf of the City on or before 12:00 P.M. on Friday, November 3rd, 2006, it shall become void and all payments shall be returned to Buyer. This Offer's presented to the City on this (7 ~ 2006. Accepted this ~ r~day of Q~• • 2006. BUYER: BY: ~c(C(~/ I p ~q (e~ This offer is accepted this day of at (A.M. / P.M.) CITY OF IOWA CITY, IOWA BY: Stephen J. Atkins, City Manager ~~ Prepared by: Terry Trueblood, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 06-368 RESOLUTION SETTING A PUBLIC HEARING FOR JANUARY 9, 2007 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE RIVERSIDE FESTIVAL STAGE IMPROVEMENTS PROJECT, 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. 4e 2 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-named project is to be held on the 9th day of January, 2007, 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 ~rh day of December , 20_QCL. ~ ~ ~ ~ MAYOR ATTEST: ~~~ ~ ~ Pt" • `~/ CITY LERK Approv d by /T~y/r9l.o City Attorney's Office It was moved by Champion and seconded adopted, and upon roll call there were: AYES: NAYS: ~- x x _x- by aaile~_ the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn PeMaredreshivaratla crape imp.COc n/t~~, - - 4f 1 Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. ob-369 RESOLUTION ACCEPTING THE WORK FOR THE IOWA HIGHWAY 1/U.S. HIGHWAY 218 RAMP SIGNALI2:ATION AND IOWA HIGHWAY 1/KITTY LEE ROAD RIGHT TURN LANE PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa Highway 1/U.S. Highway 218 Ramp Signalization and Iowa Highway 1/Kitty Lee Road Right Turn Lane Project, as included in a contract between the City of Iowa City and Streb Construction Co., Inc. of Iowa City, Iowa, dated May 10, 2006, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $411,972.72. 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 12th day of ber , 20 AYOR ~^ J~ Approved by ATTEST: /~f~~~~~ 9T . ~~ ~1 ~~(o C- ITI~ELERK I Attom y's Office It was moved by champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~- x X ~- x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwengtres~278rampsignal acceptdoc 12/99 Ma-~ 4f(2) Prepared by: Ronald Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 06-370 RESOLUTION ACCEPTING THE WORK FOR THE DUBUQUE STREET/FOSTER ROAD INTERSECTION IMPROVEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Dubuque Street/Foster Road Intersection Improvement Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated May 3rd, 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 $1,950,418.32. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said improvements are hereby accepted by the City of Iowa City, Iowa, and 2. The Mayor is authorized to sign the Iowa Department of Transportation Form 640003, Certificate of Completion and Final Acceptance of Agreement Work. Passed and approved this 12th day of December , 20 06 MAYOR ATTEST: ~l~lw~ ~C 5~y+/ CITY RK Approved by r z.~s/oro ity A orne 's Office It was moved by Chamuion and seconded by ]3ailey the Resolution be adopted, and upon roll call there were: AYES: x x X ~- x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwengtresbubuque.PoStecamept.tloc 12.4.06 M~ 4f(3 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-371 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR HOLLYWOOD MANOR -PART 9, 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, and water main improvements for Hollywood Manor -Part 9, as constructed by Big Timber Excavating & Grading Inc. of West Branch, Iowa. Paving improvements for Hollywood Manor -Part 9, as constructed by All American Concrete Inc. of West Liberty, Iowa. WHEREAS, the maintenance bonds and Engineer's Report 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 1 2r1, day of MAYOR 1y, ~ ) Approved by ATTEST: ~//'~iLt~i~r~ ~?~Lt/ l~`f'~OCo CITY ERK City Attorney Office It was moved by ('hampion and seconded by Bat 1 ey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion ~_ Correia _~_ Elliott _~ O'Donnell _~ Vanderhoef __~ Wilburn pwenglres/MOllywoodmanor.doc i / ~ " 1 "m~1'` ~ • "'r'®"~ -r..a~._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 ENGINEER'S REPORT (319) 356-5009 Enx www.icgov.org December 4, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Hollywood Manor -Part 9 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Hollywood Manor -Part 9 have 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, and water main improvements constructed by Big Timber Excavating & Grading Inc. of West Branch, Iowa and for the paving improvements constructed by All American Concrete Inc. of West Liberty, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~«...GIR~..-~- Ronald R. Knoche, P.E. City Engineer pweng\Itr\engrept-Hollywood Manor.tloc ~~ z-os 4f 4 Prepared by: Terry Trueblood, Parks 8 Rec. Division, 410 E. Washington St., Iowa City, IA 52240, 356-5110 RESOLUTION NO. 06-372 RESOLUTION ACCEPTING THE WORK FOR THE RE-DEVELOPMENT OF BROOKLAND PARK. WHEREAS, the Parks and Recreation Director has recommended that the work for the re- development of Brookland Park, as included in a contract between the City of Iowa City and O.E.C., Inc. of Iowa City, Iowa, dated September 11, 2006, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. 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 12th day of December , 2006. MAYOR Approved by ATTEST: ~/~ Air 9S . ~ftc.~~ fT./ti~~4 CIT `CLERK City Attorne s Office It was moved by chamvion and seconded by na;, a~, the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~._ x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Parksrec/res/acceptbentonhillparkredev.doc M-~ 6 4f 5 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. o6-3~s RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PORTION OF A STORMWATER DRAINAGE EASEMENT LOCATED ON LOT 57 OF PARK VIEW TERRACE SUBDIVISION, IOWA CITY, IOWA WHEREAS, the City of Iowa City currently possesses an eight foot (8') stormwater drainage easement on Lot 57 of Park View Terrace Subdivision, Iowa City, Iowa; and WHEREAS, the west five-foot (5') of the easement is not in use, and plans for further development of the lot by the property owner call for a structure to be placed over the easement; and WHEREAS, release of the west five-foot (5') of the easement will enable the property owners to fully utilize the area encumbered by this section of the easement, with no adverse impact on the City's interests; and WHEREAS, Public Works has recommended release of the west five-foot (5') of the easement; and WHEREAS, it is in the public interest for title purposes to formally release the west five-foot (5') of the drainage easement on the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT 1. The City Council finds it is in the public interest to release the west five-foot (5') of the stormwater drainage easement on Lot 57 of Park View Terrace Subdivision, Iowa City, Iowa. To this end, the City of Iowa City does hereby abandon; release and relinquish all right, title and interest in the west five-foot (5') of the stormwater drainage easement. 2. The Mayor is hereby authorized to sign, and the City Clerk to attest, a release of five-foot (5') of said easement, which release is 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 together with the attached release, said recording costs to be paid by the owner of Lot 57, Park View Terrace Subdivision. Passed and approved this 12th day of December , 204n0n . Approved by ATTEST: J arlt~ J2,~S7O(,~ CITY ERK ity Attorney's Office pweng/res/parkviewi 2.4.O6.doc Resolution No. 06-373 Page 2 It was moved by Champion and seconded by sailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia v Elliott x O'Donnell ~ Vanderhoef x Wilburn Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RELEASE OF STORMWATER DRAINAGE EASEMENT The City of Iowa City, Iowa, does hereby release the west five-foot (5') of the existing eight foot (8') stormwater drainage easement located on Lot 57, Park View Terrace Subdivision, Iowa City, Iowa, as more particularly described in the plat of survey marked Exhibit A which is attached hereto and incorporated by reference herein. The City retains the east three-foot (3') stormwater drainage easement of the existing eight-foot (8') easement and all other easements shown on the final plat of Park View Terrace Subdivision, Iowa City, Iowa not released by this document. The City of Iowa City, Iowa '},,, gy: ~ Attest: 9/la.~-.-.~J ~ ~ ~~ Mayor City C=lerk STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /d~h day of .,()~c,FmP,~2 A.D. 20 a~ ,before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. d°~ SDNDRAE FORT x°~ Commission Number 159791 My Commission F~Ires w S ~.,c ~ ~o-v`b Notary Public in and for the State of Iowa My commission expires: 3/7/=?009 pwenglrel-parkNew.12-0-06.tlx EXHIBIT A VACATION PLAT for DRAINAGE EASEMENT MANOR DRIVE Hs # 516/518 I I Hs # 520 I I I I Platted -~-{ ~- 16' Drainage I I Easement I i I 5 5 I I Vacated -~ ~ West 5' of I I ~ 8' Easement I I 5 6 i ~ I I / ~ i 58 57 ~ I I I / c~ ~`Ot ~ / So~~~o ~ on / I I - Sr°~"~ / / I / / ~ / N 1" = 50' 0 50 100 Proprietor: Donald M. & Dorothy A. Crum LEGAL DESCRIPTION The west 5 feet of the platted 8 foot wide drainage easement along the east boundary of Lot 57, Park View Terrace, Iowa City, Iowa, as recorded in Plat Book 2 - Page 69A, Johnson County Recorder's Office. ^. Q N Q S ~ I Hereby cert0y Mat Mb lend suTVayng document wait work >aru pertcrned cred and Me related surve re . U Q ~•••••••• y p p l i d M t ~, ~ ~ 5 : ' '••9G e on an by me a under my dkect pereoml superv a w;" THOMAS J. ~; ~ I am a duly Ilcereed Lrnd °urveyor under Me lar» of the ~~ ~ bwa. "i ANTHONY ~ f ~ J ~L DOG N0.8295 ; . , ••• • Thprin! J. AnMony date LJCenne nurber D293 /Q4~{~ toy Ikene renewal date b December 31. 2006. Pages or sheeU covered by this Beal, I of I D SURVEYING AND ENGINEERING 535 SOUTHGATE AVENUE IOWA CITY, IOWA 52240 PHONE (319) 354-1984 TITLE VACATION PLAT for DRAINAGE EASEMENT PROJECT LOT 57 PARK VIEW TERRACE IOWA CITY IOWA sen1.E 1"=50' DATE ~1.1s.os JOB NO of 1 ~~ 4f(6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (379)3565246 RESOLUTION N0. o~-~~a RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1109 5T" AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Second Mortgage, executed by the owners of the property on June 14, 1996, and recorded on July 16, 1996, in Book 2122, Page 166 through Page 171, in the Johnson County Recorder's Office covering the following described real estate: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Corner of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence S00 07'46"E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing S00 07'46"E, along said East line 62.00 feet; Thence S89 52'12"E, 39.94 feet; Thence S00 01'34"W, 14.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owners of the property located at 1109 5"' Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. 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 University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 06-374 Page Passed and approved this i ~rh day of December , 20~_. YOR Approve ATTEST:~a.~e-~ 9` CITY LERK City Attorney's Office It was moved by (:hamyinn and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell _~ Vanderhoef ~ Wilburn y ~cf~ ~ SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa Citv, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Second Mortgage which at this time is in the amount of $30,000, and where executed by Julie Goodlaxson (herein the Owner), dated June 14. 1996, recorded Julv 16. 1996, in Book 2122, Page 166 through Page 171, Johnson County Recorder's Office, covering the following described real property: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Comer of Lot 1, Block 44, East Iowa City, Iowa; according to the recorded plat thereof; Thence S00 07'46"E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing S00 07'46°E, along said East line 62.00 feet; Thence S89 52'12"E, 39.94 feet; Thence S00 01'34"W, 14.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, ore or less, and is subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $82.200 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 Second Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration 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 Second Mortgage 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 Second Mortgage 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 yap' day of ~QEC~n~ , 20~. CITY OF IOWA CITY FINANCIAL INSTITUTION ~,~,r ~/~ C By By ~~~~. Mayor Attest: City~~~ 1C • 9~~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~ day of ,)~C~(v~F_Q , 200 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~oss I.~',I.hu~~ 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 (er~inanee) (Resolution) No. o 6 - 374 passed (the Resolution adopted)1~by the City~Council, under Roll Call No. ---~ of the City Council on the /a ""' day of 1 1LF~M(~K , 20 o fo and that cc ~~I~t~fw and Marian K. Karr acknowledged 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. SONDRAE FORT {`~ c CoMy issi~ N Ion ~ Ires ~ S 1'8~b Notary Public in and for the State of Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ~ ~ lUf I 2006 by ~, I `~W1b (name(s) of person(s)) as (1V ~ (type of authority, e.g, officer, trustee, etc.) of I (n~am"e of party of behalf of whom instruments was executed) . ~Q~,{,'~" ~~l'-~Ulti- Csr Notary Public in d for the State of owa My ComN~tl n E~YN 1~ My Commission expires: ~ ~ ~~ V M-a-~ 4f 7) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-375 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 913 WEBSTER STREET, IOWA CITY, IOWA. WHEREAS, on May 23, 2000, 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 913 Webster Street, Iowa City, Iowa from a Mortgage recorded May 24, 2000, Book 2956, Page 280 through Page 283, of the Johnson County Recorder's Office. Passed-and approved this 12th day of December , 20 06 MAYOR Approved by ATTEST: ~ ~ t a .~ -o ~ CITY LERK City Attorney's Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~- x x ~- x _~ Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa Cily, IA 52240 (319)3565246 Legal Description of Property: see below Mortgagor(s): Alan Boettcher and Alida Boettcher Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property located at 913 Webster Street, Iowa and legally described as follows: Lot 5, Block 2 in Page's Addition to Iowa City, Iowa, according to the plat thereof recorded in Deed Book 13, Page 169, records of the Johnson County Recorder from an obligation of the owners, Alan Boettcher and Alicia Boettcher, to the City of Iowa City represented by a Mortgage, recorded May 24, 2000, Book 2956, Page 280 through Page 283, 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 record ocument. YOR ATTEST: ~irr~~ 9S Caw CI ERK Approved by City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) On this Y~ ~ day of n ¢en~y r , A.D. 20 0~ ,before me, the undersigned, a Notary Public in and for said County in said State, personally appeared Ross Wilburn and Madan K. Kart, to me personalty known, who being by me duy sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the w8hin and foregoing insWment; that the seal affaed thereto is the seal of said corporation, and that the instrument was signed and sealed on be~alf of the corporation by authority of its City Council, as contained in Resolution No.ob 37S adopted by the City Council on the ,a'~ day ~rPwJ,r r , 20y,~ and that the said Ross Wilbum and Madan K. Karr as such officers acknowledged the execution of said insW ment to be the voluntary ac[ and deed of said corporation, by tt and by them voluntadly exewted. SONDRAE FORT ~~, Feb ~. Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commiss~D ~Ires /~~ Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240 (319)5122 RESOLUTION NO. 06-376 RESOLUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF THE BUILDING INSPECTION DIVISION OF THE DEPARTMENT OF HOUSING AND INSPECTION SERVICES. WHEREAS, the City of Iowa City licenses heating, ventilating and air conditioning contractors, commercial kitchen hood installers and ducted air heating/cooling installers; and WHEREAS, the collection of licensing fees is necessary to offset the administrative costs of providing for this service, and is authorized by City ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following fee schedule for the aforementioned licensing services of the Iowa City Building Inspection Division be adopted and effective January 1, 2007. License Application Fee Annual Renewal Fee Reinstatement Fee HVAC Master $25.00 $50.00 $65.00 HVAC Residential $25.00 $50.00 $65.00 Commercial Kitchen Hood $25.00 $50.00 $65.00 Ducted Air Heatin /Coolin Installer $25.00 $50.00 $65.00 Passed and approved this lzch day of December , 20~. . /1 ~~ ~~+t W .~~ MAYOR Approved by ATTEST: ~~~-. CITY ERK City Attorney's Office Hisbldg/res/license fees.doc Resolution No. Page ~ It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: ___x- x x X x x x Correia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~~ ~~ti c Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 06-377 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSFER OF PUBLIC ROAD JURISDICTION, TJ-1-5(84)--2M-52 WHEREAS, the City of Iowa City, Iowa has negotiated an agreement for transfer of public road jurisdiction with the Iowa Department of Transportation; and WHEREAS, this agreement is in compliance with the provisions of Iowa Codes Sections 306.8 and 306.42; and WHEREAS, the City Council deems it in the public interest to transfer jurisdiction of Burlington Street from Dodge Street to Governor Street and Governor Street from Burlington Street to Dodge Street, also known as Iowa Highway 1 North; and WHEREAS, the City Council deems it in the public interest to enter into the agreement with the Iowa Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into the above mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the attached agreement between the City of Iowa City and the Department of Transportation in duplicate. 3. The City Clerk shall furnish copies said agreement to any citizen requesting same. Passed and approved this 12th day of December , 20~b-~ MAYOR ATTEST: .~ .~ 1S YSZ~r~r CITY tERK Approved by I f Ia l~0(0 rn y's Office Pweng/res/road transfer.doc Resolution No. 06-377 Page 2 ft was moved by sailev and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion x Correia ~- Elliott _~ O'Donnell x Vanderhcef x Wilburn IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSFER OF PUBLIC ROAD JURISDICTION City: Iowa City, Iowa Agreement No.: 2006-TJ-013 Project No.: TJ-1-5(84)-2M-52 This AGREEMENT entered into by and between the Iowa Department of Transportation, hereinafter referred to as STATE and the City of Iowa City, Iowa, hereinafter referred to as CITY; and in consideration of these premises and the mutual covenants hereinafter set forth, it is hereby agreed that the public road segment described below be transferred: I. Incompliance with the provisions of Iowa Code Sections 306.8 and 306.42, the CITY agrees to transfer to the STATE the public road segment, including right-of--way, as follows: That portion of Iowa 1 within the CITY beginning at the intersection of Dodge and Burlington streets and proceeding east and north on Burlington and Governor streets to the intersection of Dodge and Governor streets, a length of approximately 1.30 miles, as shown on Exhibit A attached. A. The STATE agrees to accept concurrent jurisdiction of said public road segment described in Section 1 of this Agreement as part of its primary road system in accordance with the provisions of Iowa Code Section 306.4(4) and 306.42 and this Agreement. B. The CITY and STATE do hereby jointly agree to the jurisdictional change stated above in the manner provided in this Agreement and pursuant to Iowa Code Section 306.42 which authorizes such agreements respecting highways. C. The CITY and the STATE have examined the physical condition of the public road segment described in Section 1 of this Agreement and have agreed that the CITY at its cost shall repair said road segment as described in Exhibit `B' attached hereto and by this reference made a part hereof. D. Cuaently, Brown Street has a brick surface on both sides of and through its intersection with the public road segment described in Section 1 of this Agreement. Neither the CITY nor the STATE is interested in replacing or resurfacing this intersection at this time. Therefore the CITY shall be responsible for any work necessary to maintain the serviceability of said brick surface until such time as the STATE, in consultation with the CITY, determines that it is necessary to reconstruct or resurface said intersection. Cost sharing for any future project to reconstruct or resurface said intersection shall be the subject of a subsequent agreement but in no event shall the CITY be responsible for less than the then-current estimated cost of resurfacing the intersection unless said project shall be constructed more than twenty years from the date of the transfer of jurisdiction authorized by this Agreement. E. The STATE shall assume concurrent jurisdiction as described in 761 Iowa Administrative Code Chapter 150 for said public road segment at a time and date specified by the CITY and acceptable to the STATE. The work necessary to place said road segment in a good state of repair as provided in Section 1.C. shall be completed by the CITY within two years of the effective date of the transfer of jurisdiction authorized by this Agreement. F. The STATE and CITY acknowledge the encroachment of a residential structure into the public right of way of the road segment described in Section 1 just south of the intersection of Governor and Dodge streets. The CITY and the owner ofthe encroaching residential property have previously agreed to the tem>.s under which the encroachment will continue and said terms are included in a binding agreement that is a covenant running with the land A copy of said agreement is attached as Exhibit C. The CITY shall indemnify, defend and hold the STATE harmless against any and all claims of any nature whatsoever arising from the continued existence of the encroachment. G. The CITY shall provide to the STATE copies of constmction or as-built plans, right-of- way information, local traffic operations ordinances such as speed limits and pazking restrictions, etc., and public or private utility plans and agreements or penruts for the portions of said public road segments. H. All future improvement, maintenance, extension or expansion of the transferred road segment shall be in accordance with 761 Iowa Administrative Code Chapter 150 (including any future revisions or amendments) regazding primary road extensions. 2. The STATE has inspected said public road segment and agrees to accept said road subject to the conditions set forth herein.. Tn accordance with Iowa Code Section 306.42(6), neither the CITY nor the STATE shall be held liable for any claim for damage for any act or omission relating to the design, constmction, or maintenance of said public road segment that occurred prior to the effective date of the transfer. 3. If any section, provision, or part of this Agreement is found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional. 4. This Agreement shall be executed in two counterparts, each of which shall constitute but one and the same instrument. 5. This Agreement as set forth in Sections 1 through 5 herein, including referenced exhibits, constitutes the entire Agreement between the CITY and the STATE concerning this transfer of jurisdiction. Representations made before the signing of this Agreement are not binding, and neither party has relied upon conflicting representations in entering into this Agreement. Any change or alteration to the terms of this Agreement must be in the form of an addendum to this Agreement. Said addendum shall become effective only upon written approval of the STATE and the CITY. IN WITNESS THEREOF, each of the parties hereto has executed Agreement No.2006-TJ-013 as of the date shown opposite its signature hereafter. CITY OF IOWA CITY, IOWA: BY: Date December ~ 2 ~ 20~Ci_ Title: Mayor I, Marian K. Karr ,certify that I am the Clerk of the CITY, and that Ross Wilburn ~ ,who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal motion passed and adopted by the CITY on the 1 nth day of December , 20 nr, Approrrod B City Attorney's Office Signed ~~~ ~- 7'~~s~~ City C rk of Iowa City, Iowa Date December 12 ~ 20Dh-_ IOWA DEPARTMENT OF TRANSPORTATION: BY: ~~Chcu~~ ~'_ lSccu;~~ Richard E. Kautz, P.E., District Engineer District 6 Date ~ ~ ` ~ U , 20 ©~ . Comm. Order No. H-2007-52 4 Exhibit `A' Agreement 2006-TJ-013 Exhibit 'B' Agreement 2006-TJ-013 Work Description: LOCATION WORK UANTITY M.P. 87.10 b/n Jefferson Full Depth PCC Patch 40' x 8'= 36 SY and Mazket, R. Lane M.P. 87.10 b/n Jefferson Full Depth PCC Patch 10' x 16'= 18 SY and Mazket, R. Lane M,P. 87.70 In front of DHS Full Depth PCC Patch w/ g5' x 12.6' = l 19 SY Bld , R. Lane Curb Intake M.P. 87.70 In front of DHS Full Depth PCC Patch w/ ' ' Bldg, R. Lane (50' north of Curb Intake = 119 SY 85 x 12.6 last atches) Bridge No. 87.2R001 Repair Bridge Expansion Lump Sum Joints, S of Paint Estimated Cost Summary (2006 Dollars): Full-Depth PCC Patching Cost $ 28,000 Bridge Expansion Joint repair and spot painting $ 5,000 TOTAL $ 32,000 Exhibit `C' TRANSMITTAL FORM Date: August 23, 2006 Prepared by/ Return to: :• ~~~~ DOCUMENT: Agreement for Temporary Use of Public Right-of-Way Legal Description: Lot 1, Block I, D.R. Dewey's Addition, Iowa City, Iowa DooPID: 020844980006 Tvoe: OEN KFeiioAmta~E32/00 Page itof1837:49 PR Johnson County Iona Kim Palmer County Neeordsr 4074 P9105.110 FEE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF- WAY BETWEEN THE CITY OF IOWA. CITY AND JAFAR S. MOGADAM AND `Lyrttva, rtocsnnrt This agreement is made by and between Jatar S. Mogadam and Lynne Mogadam (hereinafter Owner) and the City of Iowa City, Iowa, an Iowa municipal corporation (hereinafter City). WHEREAS, Owner is the owner of certain real estate located at Lot 1, Block 1, D.R. Dewey's Addtion to the City of Iowa City, centaining a house, as generally depided on F~chibit A attached hereto and incorporated herein by this reference; and WHEREAS, the house located on Owner's property encroaches into the City's N. Governor Street right-of-way, also as depided on Exhibit A attached.hereto; and WHEREAS, Owner has requested City permit the house remain in its current location; and WHEREAS, City is responsible for the care, supervision, and control of alt public rght-of-way: and WHEREAS, the City's Department of Public Works finds the present location of a portion of the house to be an intrusion into the public right-of-way. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: 1. Owr~r is the fee owner of the real estate located at Lot 1, Block 1, D.R. Deweys Addition to the City of Iowa City, containing a house, as generally depided on Exhibit A attached hereto, and property encroaches into the City's N. Govemor Street right-of-way, also as depided on ExhibR A attached hereto. 2. In consideration of Owners promises herein, and upon the terms and conditions contained herein, Clty agrees to allow the house to remain in its present location, and Owner agrees to keep and maintain the encroachment on the public right-of--way in good condition. Owner further agrees that 'rf the portion of the house encroaching into the right of way is destroyed, or if the entire house is damaged or destroyed to the extent of more than 75 percent of the replacement value of the structure at the time of damage or destruction, the house cannot be rebuilt within the rght of way. 3. Owner agrees to indemnify, defend, and hold City harmless against any and all claims of any nature whatsoever, including but not limited to daims for bodily injury, death, or property damage, arising out of Owners use of the public right-of-way under this easement agreement, spec~cally induding any and all claims andlor liabilfties which may be alleged against City as a result of its decision to allow Owner to maintain the house at its current location as described herein. 4. Owner further agrees to furnish a certificate of insurance of valid insurance coverage for the house, which cert~cate must be satistadory to City. 5. Notwithstanding the above, Owner agrees to cease and desist their temporary use of the public right-of-way and to remove any part of the twuse from said right-of-way upon breach of this agreement, or upon the City's determination that the property is needed for a public use and should be cleared of the part of the house that encroaches into the right-of-way. xnwwnh"crr«we,w.n+vA.,vM 7.18.08 If owner fails to remove the part of the house that encroaches into the right-of-way as required in this paragraph, City may remove that portion of the house and the cost thereof shall be billed to Owner for payment to City. Upon Owners failure to pay said billirg, the removal cost shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax. 6. Owner acknowledges and agrees that no property right Is conferred by this grant of permission to use the public right-of-way; the City is not empowered to grant a permanent use of its right-of--way for private purposes; and, notwtthstanding Paragraph 5, that City may order said temporary use terminated at any time, if, for any reason, the City determines that part of the right-of-way encroached upon by the house is needed for a public use and should be cleared of the portion of the house encroaching thereupon, as provided by state law. 7. This agreement shall constitute a covenant running with land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors, and interests, and assigns of both parties, and shall be recorded in the Johnson County Recorder's Office at Cily expense. OWNER ~, Ct.. fa . Mogadam Lynn Mogadam r,& W p,gi~typui&evmnpume,~ 7.19.x6 STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of A.D. 20~, before m undersigned, a note is in and for the State of Iowa, personally appeared Ross m and Merian K. Karr, to me perso known, who being by me duly sworn, did say th ey are the Mayor and City Clerk, respectiv f said municipal corporation executi the within and foregoing instrument; that the seal affok veto ~ the seal of said mun' ' al corporation; that said instrument was signed and sealed on be f said municipal rA ation by authority of its City Council; and that the said Mayor and City C s such o rs adknovAedged that the execution of saki instrument to be the voluntary ad an said corporation, by it and by them voluntarily executed. and STATE OF IOWA ) ss: JOHNSON COUNTY ) commission expires: On this _~ day of ~ ~.-.. , 20Qf~, before me, the undersigned, a Notary Public in and for said unty, in said State, personalty appeared Jafar S. Mogadam, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. ~~~ ~ N ~ ublic in a for the State of Iowa NOTARIAL SEALM ~m~on ~ir~"' ~~~~~' ~~by STATE OF IOWA ) as: JOHNSON COUNTY ) On this ___~__ day of . 20Q~, before me, the undersigned, a Notary Public in and for said Count , In said State, personally appeared Lynne Mogadam, fo me known to be the identical personas] named in and who executed the within and foregoing Instrument; and acknowledged that she executed the erne as her voluntary act and deed. NOTARIAL SEA otarynPub,~lic, in an for the tate-of Iowa tb!' My wr~ifmisslor exq~u 1 ~~9 ~Q xnwvwnwvn,re,.,wiaa..menrse.a v )~ CITY OF IOWA CITY ~ v""' Rich A. Fosse Approved by: g~/V~d Cr Gty Attorney' Office STATE OF IOWA ) ss: JOHNSON COUNTY ) On this ~ day of -~~~- 200, before me the undersigned, a Notary Public m and for the Stat f Iowa, personalty appeared Richard A. Fosse, to me personally known and who, being by me duly sworn, did say that he is the Public Works Director of the City of Iowa City, Iowa; that the foregoing instrument was signed on behalf of the City of Iowa City, by authority of its City Council, as contained in Resolution No. 00-255 passed by the City Council, on the 18~' day of July, 2000, and that Richard A. Fosse adcnowtedged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. "~h ' . ~ _~ Notary Publicirr'81id for the Sta a ~~~~ NOTARIAL SEAL ~~ ..~~~ €€e~ ~Y~~ ~~ _~ ~~ A ~ ~y~; 9 ny \~ l=~ ~' ~' ~~ ~o oo~~ S ~~ ~F~ .' ~ ~ ~~ ,~ i \ ~` ~ ~ , i~ ~ , ~~ i ~~ , ~ ~ ~ ~~ ~ ~~~ o^~\ it ~, ^ ~ i `. \\ ~ ~ \I I~ nI \ ~ ~' ~~^~~\ ~ ~\ A ;' ~ ` =~L ,, N GOVERNOR STREET N o 0 h = U O N O 12 ., , , T~ / ~ f n /// ` r ~ / Z A ~ --10 ~~ \\~ ~ , Z © © O ~vDmC7 pOZ ~2W O D D< C ~~ O n O zmA~A D~p ~OZm ~ Dm7.~ o_{ A yyy. A ZO N~I jDA N~00 O~ O~ O ° W~° O °czo ~ ao o-mZ Z W O O `< ~2 -fm*7Z Z' ZOO-W1A AmZVm "~ Z~ O Om ~ O~On~ _~ OD vm~ovmi m~ m ~ocWi+°D c~-. z~ mJOC ~o O- ? 0= O A A D m Zm m. ~' ° ~~ 10 Prepared by: Kumi Morris, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 RESOLUTION N0. nh-~2a RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE EASTSIDE RECYCLING CENTER PROJECT. WHEREAS, the City of Iowa City desires to develop a recycling center on a purchased site located at 2401 Scott Boulevard; and WHEREAS, the above mentioned project will entail generation of a phasing plan with a refined cost estimate, topographic survey and LEED study; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary design to cost opinion for construction of the Eastside Recycling Center Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shive-Hattery, Inc., to provide said services; and WHEREAS, it is in the public interest to enterinto said Consultant Agreement with Shive-Hattery, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. Passed and approved this 12th day of De , 204. OR Approvgd by ATTEST: //~C~.tv ar~ 9'~ • 9`f'~.5.~/ t ~`t`~~ CI LERK i y torne s Office prvenpMaslers\ReseestsitlerecyGingcenler.tloc Resolution No. 06-378 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x _~_ ~_ Correia ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 10~' day of November, 2006, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas the City seeks to develop a recycling center on a purchased site located at 2401 Scott Boulevard consisting of the following preliminary list of functions: • .Habitat Restore • Furniture Project • Salvage Barn • Recycling Drop Site • OiI Drop Site • Compost Station • Wood Chip Station • Electronic Waste Facility • Sand/Salt Storage Facility • Concrete Truck Wash Station • Bulk Water Distribution Station • Education Area • Administrative Spaces • Household Hazardous Waste Trailer NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Pre-Design: Pre-design services are those necessary to establish the programmatic, financial and time requirements and limitations for the project. The pre-design services for this project shall consist of: 1. Programming -Develop detailed needs for each functional component of the project and establish overall owner goals and objectives. This will include working with the project committee, individual activities' representatives, maintenance personnel, City representatives, and others designated by the City. 2. Site Topography Survey - A site survey shall be performed that incorporates the entire proposed parcel plus the extent of adjacent properties and rights-of-way as needed for subsequent design of the project. A metes and boundary survey shall be provided by "the City. 3. Existing Building Exterior -Research and review the information available involving the exterior massing and materials of the existing City-owner building now occupied by the tenant, Iowa Valley Habitat for Humanity. The purpose is to identify and document existing conditions that could significantly affect the design concept for the improvement of the exterior of the building and for compatibility with the design concept of the other new buildings. East Side Recycling Center 106171-0 Page 1 of 5 z- 4. Geotechnical Investigation -Investigate the soil properties to assist in the foundation evaluation of the proposed addition. The physical soil testing service will be subcontracted by Shive-Hattery to a local soils consultant. 5. Public Presentations -Prepare rendered presentation quality drawings and other documents for meetings including the City Council and staff. Schematic Design: Based on the approved conceptual design and program documents, prepare schematic design documents for all phases of the project identified in the Conceptual Study Report, dated November 8, 2006. The deliverables will consist of the following: (1) A presentation quality, rendered site plan and schematic engineering site plans depicting vehicular circulation, site layout, grading, and utility schematics. (2) A presentation quality floor plan for each of the proposed buildings or enclosures. (3) A set of presentation quality elevations for the proposed new buildings and above grade enclosures, and the existing building exterior. (4) A schematic design narrative to accompany drawings and indicate preliminary background information and design concepts forming the basis for the project design. This will include a preliminary phasing approach. (5) An update of the project cost opinion based on the approved schematic design drawings. This will include anticipated costs for construction, design, administration, and other related expenses. (6) A summary report containing a preliminary assessment of the project's potential for LEED certification. This will be the result of a meeting with a multi-disciplined design team and owner representatives in which the US Green Building Council's LEED Rating System, version 2.2 will be reviewed. Services by the City The City shall provide legal, accounting/financial/appraisal and insurance counseling services that may be necessary. The City shall provide identification and removal of hazardous substances and Phase II site evaluation and remediation. The City shall provide for the vacation of easements which may be removed during the development of the project and shall provide consultant with all legal descriptions related to the property and any covenants affecting development of the site: II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown: Pre-design 2 weeks (topo at 4 weeks) Schematic Design 4 weeks Cost Opinion 2 weeks Total 8 weeks The services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the scope of services, with a mutually agreed upon schedule. -3- III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any . state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the ConsultanYall fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the -4- amount sufficient to properly complete the Project. in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES The City will compensate the Consultant the following lump sum, payable in phases for the above-described design services: Pre-Design Programming $8,000 Site Topography Survey 5,500 Existing Building Exterior Documentation 1,000 Geotechnical Investigation 5,000 Public Presentations 600 Total Pre-Design Fee $20,100 Schematic Design Schematic design documents $35,000 Schematic design narrative 2,000 Cost opinion update 2,500 LEED Assessment 4000 Total Schematic Design Fee 43 500 Total Services Fee $63,600 In addition to this fee, our project-related expenses will be reimbursed at our Standard Hourly Fee Schedule in effect at the time the services are performed. We anticipate the reimbursable expenses (e.g., printing, reproductions, and mileage) will be the following amount: Reimbursable Expenses (allowance) $500 (in addition to the Fee) -5- Should reimbursable expenses exceed this amount, the Consultant will. notify the City in advance for the City's authorization. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE By: Title: Mayor FOR THE CONSULTANT Do las J. DuCharme, AIA, LEED AP Title: Architect Date: ne~P,nt,P,• i 2. inns ATTEST: City erk Date: November 10, 2006 Approved by: t~'~" City Attorney's Offi``ce~~ 17~ ~-f f d cp Date pwtfortns~consagmt.hm Mk~j 11 Prepared by Kim Sandberg, Administrative Secretary, 410 E. Washington St., Iowa City, IA (319) 356-5039 RESOLUTION NO. 06-379 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND MIKE & MARTY ENTERPRISES, INC. D/B/A QUINTON'S BAR 8r DELI, FOR A SIDEWALK CAFE AT 215 E. WASHINGTON STREET TO ALLOW MIKE & MARTY ENTERPRISES, INC. TO ASSIGN ITS INTEREST TO LUSATI, INC. WHEREAS, following passage of Resolution No. 06-99, Mike & Marty Enterprises, Inc. d/b/a Quinton's Bar & Deli and the City of Iowa City entered into an agreement April 4, 2006 entitled "2006 License Agreement for Temporary Use of Public Right-of-Way between the City of Iowa City and Mike & Marty Enterprises, Inc. d/b/a Quinton's Bar & Deli for a Sidewalk Cafe on the Public Right-of-Way at 215 E. Washington St., Iowa City, Iowa" ("License Agreement"); WHEREAS, the License Agreement provides that a party may assign its interest with written consent of the other party; WHEREAS, Mike & Marty Enterprises, Inc. d/b/a Quinton's Bar & Deli has requested to assign the License Agreement to Lusati, Inc.; and WHEREAS, it is in the public interest to agree to the assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to sign the Amendment to the 2006 License Agreement, a copy of which is attached to this resolution. 2. The Public Works Department is hereby directed to record this Resolution and the Amendment to 2006 License Agreement with the Johnson County Recorder at Lusati, Inc.'s expense. Passed and approved this 1 nth day of na~amt,a,- , 2006. ~J MAYOR Approved by: ATTEST: ,v~~. Y~ . ~> ~d5•f. 1 a' ~~ -CITY ERK City Attorney's Office Pweng/res~O6quinton-res Resolution No. ~~,_q79 Page _~ It was moved by Bailey and seconded by yanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x X ~_ ~- x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and Return to: Kimberly Sandberg, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; 319356-5139 AMENDMENT TO 2006 LICENSE AGREEMENT This is an amendment to the 2006 License Agreement for Temporary Use of Public Right- of-Way between the City of Iowa City and Mike & Marty Enterprises, Inc. d/b/a Quinton's Bar & Deli for a Sidewalk Cafe on the Public Right-of-Way at 215 E. Washington St., Iowa City, Iowa ("License Agreement") entered into on April 4, 2006. WHEREAS, the License Agreement is recorded in Book 4015 Pages 326-331 in the office of the Johnson County Recorder; WHEREAS, Mike & Marty Enterprises, Inc. d/b/a Quinton's Bar & Deli has sold its restaurant business to Lusati, Inc. and has requested that it assign its interest in the License Agreement to Lusati, Inc.; WHEREAS, the License Agreement provides that a party may assign its interest in the License Agreement upon consent of the other parties. IT IS THEREFORE AGREED that: Mike & Marty Enterprises, Inc. d/b/a Quinton's Bar & Deli assigns all rights and interest as the "Tenant" in the License Agreement to Lusati, Inc. Lusati, Inc. shall pay the expenses to record this amendment and the City Council resolution approving it. All other terms of the Licensing Agreement remain in full force and effect CITY) OF IOWA CITY, IOWA MIKE 8r M NTERP~RISE~S/, INC./~ ~/ Mayor -7, /J /~ USATI, INC. ATTEST: // X • ~S"~f,~~ City rk CITY ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this / ~' day of ~ ~cQ,vY.be/ 2006, before me, Sant~ra~ .--~- a Notary Public in and for said State, personally appeared Ross Wilbum 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 hereto is the seal 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 of said municipal corporation, by it and by them voluntarily executed. SONDRAE FORT SQ-r~.~. ~~ ~' CoM~ ICssi mN~bber 159 ~ Notary Public in and for the State of Iowa My commission expires: 3 ~ 4 MIKE & MARTY ENTERPRISES. INC. ACKNOWLEDGMENT STATE OF IOWA ss: JOHNSON COUNTY ) This instrument was acknowledged before me on -'~•3~' ~ .2006 by ,~'tn.~.w., ~y+C~3 (name(s) of person(s)) as '~,/¢~ ~ (type of authority, e.g, officer, trustee, etc.) of Mike & Marty Enterprises, Inc. ~~~~~L '2~ - Notary Public in and for the State of Iowa KUM1T yUptlNOICK ,y ,,y too y commission expires: F Commission Numb MY Comm Exp LUSATI. INC. ACKNOWLEDGMENT STATE OF IOWA ss: JOHNSON COUNTY ) Nou . 3 o rz. This instrument was acknowledged before me on 2006 by Lw<o5 taldCMO.~n (name(s) of person(s)) as c,tdtw~t' (type of authority, e.g, officer, trustee, etc.) of Lusati, Inc. Notary Pu is in and for the State of Iowa My commis ' ku ioicK CPmmbsion NPR L •,~ • My Lan:n ExP o ..-- ... Approved By: ~~~, ~ r- ao_ ~~ City Attorney's Office I,a 12 Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 06-380 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE TRAFFIC SIGNAL INTERCONNECT [STP-A- 3715(837)--86-52~ PROJECT. WHEREAS, KWS, Inc. of Cedar Falls, Iowa, has submitted the lowest responsible bid of $393,911.50 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to KWS, Inc., subject to the condition that awardee secure adequate performance and payment bond and insurance certificates. 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 12th day of December , 2006. ~~~~~~~ MAYOR ATTEST: /~(~~s«~~~ n - 5~rs.J CITY ERK Approved by S/~5~06 City Attor ey's Office It was moved by O'Donnell and seconded by Champ~pn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng/re~nterconne~awrtlcon.tloc 12/08 #~Z Publish 10/24 NOTICE TO BIDDERS STATE OF IOWA -Sealed bids will be received on November 21, 2006 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.coml as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for atwo-hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond" (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.bidx.com/Iowa • Available in the Iowa Department of Transportation's "Weekly Letting Report" • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515-239- 1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87-581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515-239-1414 Bid Order: 351 No DBE Goal Work Type: TRAFFIC SIGNALS Guarantee: $25,000.00 Project(s): JOHNSON -- STP-A-3715(631)--86-52 VARIOUS ROUTES TRAFFIC SIGNALS INTERCONNECT ALONG ARTERIAL CORRIDORS IN IOWA CITY