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HomeMy WebLinkAbout2002-09-10 Resolution Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-293 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1821 B STREET. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP'); and WHEREAS the Iowa City Housing Authority owns a single family home located at 1821 B Street, Iowa City; and WHEREAS the City has received an offer to purchase 1821 B Street for the principal sum of $210,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for Iow-income persons with disabilities to obtain ownership of their own home; and WHEREAS on August 20, 2002, the City Council adopted a Resolution declaring its intent to convey its interest in 1821 B Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1821 B Street, legally described as Lot 6, Block 39, East Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said persons in an amount not to exceed $100,000. Resolution No. 02-293 Page 2 2. The City Attomey is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X ' - Kanner ][ Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum Passed and approved this 3.0th day of Sep,!~er ,2002. CITY~LERK Approved by City Attomey's Office AMENDED ADDENDUM TO RESIDENTIAL PURCHASE AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, SELLERS AND LEO E. HUISMAN AND EDMUND Rtl GAIN/z.S, BUYERS DATED THIS~ ~ DAY OF ,~q.~ [~,]; 2002 WHEREAS, the City of Iowa City, as Seller, entered into a Purchase Agreement with Leo E. Huisman and Edmund R. Gaines, Buyers, covering the property located at 1821 B Street, Iowa City, Iowa, and WHEREAS, the parties now desire to amend the Addendum to the original Purchase Agreement dated August 2, 2002, NOW, THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: Paragraph 20F of the previous Addendum to Residential Purchase Agreement shall be amended to read as follows: "20F. Payment of Purchase Price. The balance of the purchase price hereunder shall be paid as follows: $110,000.00 shall be paid in cash at the time of closing, and the balance of $99,750.00 shall be paid pursuant to two separate promissory notes and a mortgage to be executed by the Buyers at the time of closing. The first promissory note shall be in the amount of $60~000.00, and the terms thereof shall be as follows: Buyers shall not be obligated to make payments on said note during the period of time commencing on the date of closing, i.e. September 16, 2002, through September 15, 2003, and no interest shall accrue on the unpaid balance of said note during said period of time. Commencing October 16, 2003, Buyers shall pay said note balance at the rate of $178.65 per month, including interest on the unpaid balance of said note at the rate of 3 % per annum from and after September 16, 2003, and continuing in said amount on the first day of each and every month thereafter until the entire balance and accrued interest has been paid in full. The second promissory note to be executed by the Buyers at the time of closing shall be in the amount of $39,750.00 and shall be due and payable in full on September 16, 2032. No interest shall accrue on said note, and no monthly payments shall be required thereunder. The above promissory notes shall be secured by a real estate mortgage on the above-described real estate to be executed by buyers to seller on the date of closing, which mortgage shall be junior only to the first mortgage on said real estate in favor of Hills Bank and Trust Company. It is understood and agreed that Buyers are receiving first mortgage loan financing through Hills Bank and Trust Company of Iowa City in the amount of $110,000.00 in order to purchase the above-described real estate. The parties agree that the monthly payments of $178.65 required to be paid to Seller by Buyers starting October 16, 2003 shall be paid through Hills Bank and Trust Company, and Hills Bank and Trust Company will establish an escrow account to receive the monthly payment amounts owed by Buyers to Seller hereunder." In all other respects, the Purchase Agreement previously executed and dated August 2, 2002 shall remain in full force and effe,~t. -- DATEDthis 7~..7 dayof ~l,.3_,$1 )j-_ ,2002. -2- SELLER: BUYERS: DoUg oothroy, DirectOr Leo E. Huisman Dept. Housing & Ins?ection Services.,~ ~/~', Edmund R. Gaines MK28\R3764472 AMENDMENT TO RESALE AGREEMENT FOR PROPERTY LOCATED AT 1821 B STREET, IOWA CITY, IOWA WHEREAS, Leo E. Huisman and Edmund R. Gaines (hereinafter "Buyers") and the City of Iowa City, a municipal corporation (hereinafter "the City") previously entered into a Resale Agreement for property located at 1821 B Street, Iowa City, Iowa, dated August 2, 2002, and WHEREAS, the parties desire to amend said Resale Agreement in certain respects, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. The third "Whereas" paragraph in said Resale Agreement shall be amended to read as follows: "WHEREAS, the City will provide Buyers with a $99,750.00 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;" 2. Paragraph 2 of said Resale Agreement shall be amended to'provide that the City's second mortgage amount shall be $99,750.00. 3. In all other respects, the Resale Agreement previously executed shall remain in full force and effect. day of 2002. SELLER: BUYERS: CIT 'Y~_O_~ e By: _ ~? q Doug Bc bthroy, ~ Leo E. Huisman Dept. o9 Housing & Inspection Servic~ Edmunci R. Gain[s MK28\R37b4473 ~kj~.l, G, I 09-10-029 Prepared by: Susan Dulek, Assr. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-294 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 3410 SHAMROCK DRIVE TO THE TENANT. WHEREAS, the City CounCil of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 3410 Shamrock Drive, also known as Lot 449 in Part Eleven Court Hill; and WHEREAS, the tenant at 3410 Shamrock Drive has offered to purchase this home for the principal sum of $124,000.00, which is the appraised value of the property; ar{d WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, on August 20, 2002, the City Council adopted a Resolution declaring its intent to convey its interest in 3410 Shamrock Drive, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 3410 Shamrock Drive, legally described as Lot 449 in Part Eleven Court Hill, Iowa City, Iowa, to the Tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $24,800.00. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this lOth day of Seotember ~ ,2002. Approved by ATTEST: CITY U~LERK City Attorney's Office Resolution No. 02-294 Page 2 It was moved by. Vanderhoef and seconded by Wi ] burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X - Kanner X Lehman X O'Donnell X Pfab Z Vanderhoef X Wilbum Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-295 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 244 AMHURST STREET 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, the Iowa City Housing Authority owns a single family home located at 244 Arnhurst Street, also known as Lot 264 in Oak Woods Addition, Part Six; and WHEREAS, a public housing program tenant has offered to pumhase the home at 244 Amhurst Street for the principal sum of $120,000.00, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, on August 20, 2002, the City Council adopted a Resolution declaring its intent to convey its interest in 244 Amhurst Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 244 Amhurst Street, legally described as Lot 264 in Oak Woods Addition, Part Six, Iowa City, Iowa, to a public housing program tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $30,000.00. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this lOth day of Se tember ,2002. CITY C"LERK City Attorney's Office Resolution No. 02-295 Page 2 It was moved by Champion and seconded by o'i3onnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X _ Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-296 RESOLUTION AuTRoRIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2409 ASTER AVENUE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 2409 Aster Avenue, Iowa City; and WHEREAS, the City has received an offer to purchase 2409 Aster Avenue for the principal sum of $95,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Iow-income family to obtain ownership of their own home; and WHEREAS, on August 20, 2002, the City Council adopted a Resolution declaring its intent to convey its interest in 2409 Aster Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2409 Aster Avenue, legally described as Lot 2, Whispering Meadows Subdivision Part One, Iowa City, Iowa. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family in an amount not to exceed $8,100. Resolution No. 02-296 Page 2 2. The City Attomey is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by O' Donne] ] and seconded by Champi on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X - Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Passed and approved this 10th __ day of e b , 2002, CiTY '6LERK Approved by City Attorney's Office City Council Presentation 9/10/2002 3410 Shamrock Dr. Lender: Hawkeye State Bank Keith Kurth, Senior Vice President Buyer: Lynne Craddock 2409 Aster Ave. Lender: Iowa City Community Credit Union Skip Wells, Assistant Vice President Buyer: Mary O'Donnell and Daniel O'Donnell (Mother and Son) 244 Amhurst St. Lender: Iowa State Bank Christine Fehlberg, Vice-President Buyer: Not coming 1821 B Street Lender: Hills Bank Dwight Seegmiller, President Jim Pratt, Senior Vice President Bill Stewad, 2nd Vice President Donator: Mercy Hospital (If no representative please just recognize donation of $40,000) Buyer: Edmond Gaines Keith Ennis (Aide for Buyer, Leo Huisman) ~ RESOLUTION NO, 02-297 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF 10WA 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 filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Highlander Inn - 2525 N. Dodge Street It was moved by Champion and seconded by Vanderhoef that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X __ Lehman X O'Donnell X Pfab X __ Vanderhoef X __ Wilburn Passed and approved this 10th day of ~ , 20 02  /?ved ~y. CITY CLERK City Attorney's Office clerk\res\danceprm,doc Prepared by: Eleanor Dilkes, City Attorney_, 410 E. Washington St., iowa City, iA 52240 (319) 356-5030 RESOLUTION NO. 02-298 RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF iOWA FOR THE OLD WATER PLANT SITE ON MADISON STREET AND TO DISPOSE OF SAID PROPERTY IN ACCORDANCE THEREWITH, AND SETTING A PUBLIC HEARING FOR SEPTEMBER 24, 2002. WHEREAS, the City is building a new water plant north of Interstate 80 and intends to vacate the old water plant site on Madison Street when the new plant is operational; and WHEREAS, the University of Iowa desires to purchase the old water plant site; and WHEREAS, an agreement for the University's purchase of the old water plant site from the City of Iowa City has been negotiated and is attached hereto and incorporated by reference herein. 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 approve a purchase agreement between Iowa City and the University of Iowa for the old water plant site on Madison Street, a copy of which agreement is attached hereto and incorporated herein by reference, and to dispose of said property in accordance with that agreement. 2. A public hearing on said proposed agreement should be and is hereby set for September 24, 2002 at 7:00 p.m. in the Council Chambers of the Civic Center, 410 E. 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. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this [0th day of ~, 2002 . CIT'~-CLERK City Attorney's Office elea norYes\waterpla nt.doc Resolution No. 02-298 Page £ It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X - Kanner X Lehman X O'Donnell ~' Pfab X Vanderhoef X Wilbum OFFER TO BUY REAL ESTATE AND ACCEPTANCE (NONRESIDENTIAL) 7. (~ONDITION OF PROPERTY. The property as of ~he date of this Agresmen~, Inoluding buildings, grounds, and ell Improvement~. v,~ll ~ pr~ by t~ SELLERS in I~ pm~ ~ifi~ until possession, ordine~ wear and tear e~e~ed. SELLERS make no ~nfi~, ~ed ~ ImplY, as ~ obligations for continuation of the abstract, Seller shall provide a ~ttten updated ~, S~VEY. If a survey is raouir~d under Iowa Code Chapter 354~ or cSty or ~ounty ordinances: ~so~,~no. ISBA# P~ilip A. Leff #000003182 ~OE~HELEOALEP~OTOF]~EUSEOF 19. OENE~L PROVIBION8, In ~e p~orma~a of eaoh pa~ of this ~r~ment, time sh~l be ~ the ~8n~e. Fa~ure S$# SS# Telephone: Telephone; ADDENDUM TO OFFER TO BUY AND ACCEPTANCE TO CITY OF IOWA CITY BY THE UNIVERSITY OF IOWA The following provisions are made a part of the attached Offer to Buy and Acceptance document: A. The Buyer's obligations to perform this contract are subject to the approval of this Offer to Buy by the Board of Regents of the State of Iowa and by the State of Iowa Executive Council. The obligations of the City of Iowa City to perform this contract are subject to the approval of the City Council of Iowa City, Iowa, and compliance with the hearing requirements of Section 364.7, Iowa Code. In the event these three approvals are not obtained by the 1st day of November, 2002, either party may declare this agreement null and void and all amounts paid hereunder shall be returned to the Buyer. B. The improvements on the real property to be purchased hereunder are purchased in an ~as is" condition. The cost of demolition of said improvements to the extent said demolition is desired by Buyer shall be paid by Buyer. C. Seller shall have the option, but not the obligation, to remove any operating equipment or fixtures from the property prior to closing. D. Portions of the property to be sold herein are located in existing or former public streets and right-of-ways. Seller shall pursue all statutory vacation procedures necessary to vacate this property. In the event vacation does not occur by the 1st day of February, 2003, the Buyer may declare this Agreement null and void, and all payments made hereunder shall be returned. E. The following easements are to be reserved in the conveyances required by this Offer to Buy in favor of the City of Iowa City. The precise terms of these easements are subject to the approval of both Buyer and Seller. In the event said easements are not agreed upon by both parties by the 1st day of May, 2003, either party may declare this agreement null and void. The easement locations and purposes are as follows: (1) An approximately three square foot easement for access to the river from Davenport Street as shown and described in Exhibit "A". (2) An approximately 1,640 square foot water main, electric line, and telecoramunication easement located in the property described in Exhibit (3) A 6,549 square foot easement for water main, drain line, telecommunication lines, electric lines, and Jordan and Silurian well sites located within the property described in Exhibit ~'C". (4) A 36,158 square foot easement for water main, sanitary sewer, telecom~unication lines and electric lines located within the tract described in Exhibit (5) A 3,207 square foot water, telecommunication and electric line easement and a 2,051 square drain line easement located within the tract described in Exhibit ~E". F. The parties hereto will modify and amend the existing Chapter 28E agreement dated August 9, 1988, and entitled ~Providing for the Development, Use, Occupancy, Management and Operation of a Parking Garage and Chilled Water Facility and Water Storage Facility" as follows: (a) To Part II, 5(i) will be added the following: Said easement for a fire lane will terminate whenever University constructs any improvements on any portion of said easement way and provides City with a replacement fire lane access on either Bloomington or Madison Streets or some other mutually agreed location. (b) Part III, 2, second and third unnumbered paragraphs thereof will be deleted and replaced with the following: This agreement and city's right to use and occupy the premises shall terminate on December 31, 2052, provided that University has provided an alternate site that is acceptable to city on which to locate city's facilities, and further provided that University at any time after execution of this agreement can require the water storage facility to be moved to an alternate site that is acceptable to city on which to relocate the city facilities. If University requires this move prior to December 31, 2052, University will pay the cost of moving said facility to the alternate site and the cost of construction of the replacement facility. If the required move is made after December 31, 2052, the cost of said move and the replacement facility will be paid by city. The date of the ~required move" shall be the date of the written notification from University to City that said move is required. (c) Part III shall be amended to reflect the city's right and obligation to maintain the booster station addition to the water storage facility. (d) The inaccurate reference to the 20-foot wide easement for two existing water mains in vacated "Bloomington Street" shall be corrected and changed to ~Davenport Street". G. The Warranty Deed required by paragraph 11 of the attached Offer to Buy and Acceptance will be utilized to convey Parcels A and B attached hereto. Conveyance of Parcels C, D, and E will be by Quit Claim Deed from City. H. Buyers use of the property shall be in compliance with all federal and state laws and regulations governing water source, supply and facilities, including those provisions for separation between water sources and incompatible uses. This provision shall survive the closing of the transaction and delivery of the Warranty Deed. CITY OF IOWA CITY, THE UNIVERSITY OF IOWA a Municipal Corporation By: ~' B~ SELLER - BUYER Le f f / j c / PAL/Misc/Uo f I-CityIC-Addendumo f f er: dml 3 " Ii(Page I,-of J pages) J 00NALD E. @UFFET¢, L.$, P.O. BOX g0og, C~ ~P~;~,~. IO~A 324~19--900~ 319--395--71~5 ~l~ ~T OF SUR~ ~R ~ FAC~S ~ ~ NOT TO S~E S 8~55'54' W /~ ~ I ~~ ~T OP ~ ~R ~ FA~8 ~ B) ~N C~, ~WA LOT ' OT 8 BLOOM~ON ST, 57~4' J ' V-NOTCH FOR THE CrI"Y OF IOWA CITY FOR CITY FAClLrrlES ~ c) DA~ ~'1~1, ~WA ~ JO~N ~, ~WA s. UNE OF O~' OUTI.OT 0,3~'~ COP-JqER FALLS NW COR. LOT F F LOT sr. FOR THE CITY OF IOWA CITY FOR CATY FACI[J I ~ (AREA E) IN BLOOMINGTON ~IN:5::~., IOWA CITY JOHNSON COUNTY, IOWA Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-299 RESOLUTION FIXiNG TIME, DATE AND PLACE FOR HEARING ON PROPOSED CIVIL PENALTY OF $300.00 AGAINST THE SUMMIT WHEREAS, it is alleged an_ employee of The Summit, 10 S. Clinton Street, was convicted/pled guilty in Johnson County District Court, of violating Iowa Code § 453A.2(1); and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, the City of Iowa City City Council is advised and does believe that a hearing should be fixed for the October 8, 2002, at 7:00 p.m. at Emma J. Harvat Hall in the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether a civil penalty in the amount of $300.00 should be assessed against The Sumnfit pursuant to Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council conduct a hearing on the 8th day of October, 2002, at 7:00 p.m. at Emma J. Harvat Hall in the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether a civil penalty in the amount of $300.00 should be assessed against The Summit pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to provide the retail cigarette permit holder with no less than 10 days' notice of the hearing by mailing a copy of this Resolution to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 10, 2002 ATTEST: City C~lerk, City of Iowa City Resolution No. 02-299 Page 2 tt was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X · _ Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-300 RESOLUTION FIXING TIME, DATE AND PLACE FOR HEARING ON SUSPENDING RETAIL CIGARETTE PERMIT OF NORTH DODGE EXPRESS FOR A PERIOD OF THIRTY (30) DAYS WHEREAS, on June 10, 2_002, Craig William Volk was convicted/pled guilty in Johnson County District Court, Docket No. STIC 118619 of violating Iowa Code § 453 A.2(1 ); and WHEKEAS, at the time of the violation underlying the above conviction/plea, Volk was an employee of the establishment operating under the retail cigarette permit issued to North Dodge Express, 2790 North Dodge Street; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation of Iowa Code § 453A.2(1) and a suspension of its permit for a period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a violation within a two-year period, each after a hearing and proper notice; and WHEREAS, the City of Iowa City City Council is advised and does believe that a hearing should be fixed for the October 8, 2002, at 7:00 p.m. in Emma J. Harvat Hall of the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether the retail cigarette permit of North Dodge Express should be suspended for a period of thirty (30) days as a civil penalty pursuant to Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council conduct a hearing on October 8, 2002, at 7:00 p.m. in Emma J. Harvat Hall of the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether the retail cigarette permit of North Dodge Express should be suspended for a period of thirty (30) days as a civil penalty pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to provide the retail cigarette permit holder with no less than 10 days' notice of the hearing by mailing a copy of this Resolution to the permit holder's place of business as it appears on the application for a retail cigarette permit. City Clerk, City of Iowa City Resolution No. 02-300 Page 2 It was moved by Champion and seconded by Vanderhnef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X ~ :-- Kanner X Lehman X O'Donnell X Pfab ~( Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-301 RESOLUTION FIXING TI/ViE, DATE AND PLACE FOR HEARING ON SUSPENDING RETAIL CIGARETTE PERMIT OF SUBURBAN AMOCO - KEOKUK STREET FOR A PERIOD OF THIRTY (30) DAYS WHEREAS, on July 9, 20_02, Marcus Anthony Kriegel was convicted/pled guilty in Johnson County District Court, Docket No. STIC 118618 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Kriegel was an employee of the establishment operating under the retail cigarette permit issued to Suburban Amoco - Keokuk Street, 1905 Keokuk Street; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period. WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette perrrdt is subject to a civil penalty of $300.00 the first time its employee is convicted of or pleads guilty to a violation of Iowa Code § 453A.2(1) and a suspension of its permit for a period of thirty (30) days the second time its employee is convicted of or pleads guilty to such a violation within a two-year period, each after a hearing and proper notice; and WHEREAS, the City of Iowa City City Council is advised and does believe that a hearing should be fixed for the October 8, 2002, at 7:00 p.m. in Emma J. Harvat Hall of the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether the retail cigarette permit of Suburban Amoco - Keokuk Street should be suspended for a period of thirty (30) days as a civil penalty pursuant to Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council conduct a hearing on October 8, 2002, at 7:00 p.m. in Emma J. Harvat Hall of the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 for the purpose of considering whether the retail cigarette permit of Suburban Amoco - Keokuk Street should be suspended for a period of thirty (30) days as a civil penalty pursuant to Iowa Code § 453A.22(2). BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to provide the retail cigarette permit holder with no less than 10 days' notice of the hearing by mailing a copy of this Resolution to the permit holder's place of business as it appears on the application for a retail cigarette permit. PAS,~-'~D APPROVED: September, A-p, 2002 ~"~Ivra~o~, City of Iowa City City C"lerk, City of Iowa City Resolution No. 02-301 Page 2 It was moved by, Champion and seconded by Vanden-hoer the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X ~ ? Kanner X Lehman ~[ O'Donnell }( Pfab X Vanderhoef X Wilbum Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 02-302 RESOLUTION ACCEPTING THE WORK FOR THE FOSTER ROAD GRADING AND WATER MAIN PROJECT WHEREAS, the Engineering-Division has recommended that the work for construction of the Foster Road Grading and Water Main, as included in a contract between the City of Iowa City and Maxwell Construction of Iowa City, Iowa, dated June 25, 2001, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bend has been filed in the City Clerk's office; and WHEREAS, the final contract price is $1,189,228.82. 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 10th dayo SeD~ber ,20 02 Approved by ClTY"CL~RK Cit~A~o~i'ey's '~ce -- It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Denny Cannon, Asst. City Engineer, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5142 RESOLUTION NO. 02-303 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART ELEVEN A, AND DECLARING THE 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 Windsor Ridge - Part Eleven A, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. Paving improvements for Windsor Ridge - Part Eleven A, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, 10wa, 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 10th day o~, 20 02. Approved by CITY'CLERK ~ Att-orney~s Office . ' It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ENGINEER'S REPORT August 30, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge, Part Eleven A Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Windsor Ridge - Part Eleven A 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, and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer Pwen§/Itrs/rf-windsordgl 1 .doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240- 1826 · (319) 356 5000 · FAX (319) 356-5009 Prepared by: Sarah Holecek, First Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-304 RESOLUTION AUTHORIZING THE CITY MANAGER TO ATTEST AN ADDENDUM TO A LEASE AGREEMENT FOR PUBLIC PROPERTY WITH HAWKEYE LUMBER COMPANY FOR RENTAL OF THE VACATED PORTION OF ALLEY RIGHT-OF-WAY BETWEEN LAFAYETTE STREET AND BENTON STREET IN IOWA CITY, IOWA FOR PURPOSES OF STORAGE AND SECURITY. WHEREAS, on July 28, 1998 the City of Iowa City, Iowa passed an Ordinance vacating the northern 200 feet of the alley right-of-way between LaFayette Street and Benton Street, west of Dubuque Street; and WHEREAS, Hawkeye Lumber owns the surrounding property and has requested that they be allowed to use and control the subject property for the purposes of storage and security; and WHEREAS, on July 28, 1998 by Resolution No. 98-258 City Council authorized the execution of a lease agreement with Hawkeye Lumber for the 200' x 16' parcel for the amount of $200.00 per year, with said lease running for a term of three years, and authorizing the lease to be extended upon mutual consent of both parties by additional three year periods, provided said extensions are executed as written addenda; and WHEREAS, said lease agreement expired on July 31, 2001, and Hawkeye Lumber Company has requested an extension of said lease; and WHEREAS, it is in the best interest of the public and City of Iowa City to execute the attached First Addendum to Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The First Addendum to Lease Agreement attached hereto and made a part hereof, is approved as to both form and content. 2. The City Manager is hereby authorized to execute this extension and any subsequent renewals, under the terms authorized in the original Lease Agreement. Passed and approved this 3.0th dal/of~~~_, ~00;~ ~,,~ //~ ~~)R sarah\Janduse\lumbleas.res Resolution No. 02-304 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X - Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum FIRST ADDENDUM TO LEASE AGREEMENT This Agreement is made between Hawkeye Lumber Company (hereinafter "Hawkeye") and the City of Iowa City (hereinafter "City"). WHEREAS, City and Hawkeye previously entered into a lease agreement executed July 28, 1998, for the lease of property described as the vacated, northern 200 feet of the alley right of way between LaFayette Street and Benton Street, west of Dubuque Street, which parcel is approximately 20 feet wide, and is situated in Iowa City, Johnson County, Iowa; and WHEREAS, said lease agreement was in effect for 3 years, beginning August 1, 1998 and ending July 31, 2001; and WHEREAS, Hawkeye has made a request, and City is willing to extend the term of said lease agreement to July 31, 2004. NOW, THEREFORE, the parties agree as follows: 1. All other terms and conditions of the parties lease agreement shall remain in full force and effect during the option period and beyond, unless modified in writing by both parties. CITY OF IOWA CITY, LESSOR By: ~' Date: 'Stephe~J. At ~n~ty Manager HAWKEYE LUMBER COMPANY, LESSEE Date By: Date Annen\forms\lease addendum.doc FIRST ADDENDUM TO LEASE AGREEMENT This Agreement is made between Hawkeye Lumber Company (hereinafter "Hawkeye") and the City of Iowa City (hereinafter "City"). WHEREAS, City Hawkeye previously entered into a lease agreement executed July 28, 1998, for the lease property described as the vacated, northern 200 feet of the alley right of way between Street and Benton Street, west of Dubu~l'de Street, which parcel is approximately 20 'le, and is situated in Iowa City, Johnson C~unty, Iowa; and WHEREAS, said lease was in effect for 3 years?.~beginning August 1, 1998 and ending July 31, 2001; WHEREAS, Hawkeye has a request, and City is willing to extend the term of said lease agreement to July 31, 2004. NOW, THEREFORE, the I ree as follows: /~ 1. All other terms and of the partie lease agreement shall remain in full force and effect during the and unless modified in writing by both parties. CITY OF IOWA CITY, LESSOR By: Date: Stephen J. Atkins, City Manager A HAWKEYE LUMBER LESSEE By: / By: Date Annen\forms~Jease addendum.doc CITY OF IOWA CITY ', LAND LEASE This agreement, is made and entered into this c~ day of ~L~ 1998, by and between the City of Iowa City, Iowa, a municipal co~t~orat~n, {hereinafter ~City"), whose address for the purpose of this lease is 410 E, Washington St,, Iowa City, Iowa, 62246, and Hawkeye Lumber Company, (hereinafter "Hawkeye"), whose address for the purpose of this lease is 803 South Dubuque St,, Iowa City, Iowa, WITNESSETH THAT: 1. Property leased. In consideration of the mutual terms, agreements, and conditions contained herein, the City agrees to lease unto Hawkeye the property described as the vacated, northern 200 feet of the alley right-of-way between LaFayette Street and Benton Street, west of Dubuque Street, which parcel is approximately 20 feet wide, and which is situated in Iowa ~ity, Johnson County, Iow'a. Term. This lease shall be in effect for 3 years, beginning the 1st day of August, 1998, and ending the 31st day of July, 2001. Upon the mutual consent of Hawkeye and the City, this lease may be extended by additional three year periods, provided said extensions are executed as written addenda hereto. 3. Rent. Hawkeye agrees to pay the City rent for the leased premises as follows: $200 per year, in advance, payable on the 1st day of August for each year during the term of this lease. Payment received after the 15th day of August shall draw interest at 9% per annum from the date due, until paid. Hawkeye shall be responsible for property taxes, if any, on the leased premises. 4. Possession. Hawkeye shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the City at the time and date of the close of this lease, except as herein provided. Should the City be unable to give possession on said date, Hawkeye's only damages shall be a rebate of the pro rata rental. Further, should City require the use of said property at any time during the terms of this lease, Hawkeye shall vacate same upon thirty (30) days written notice of the .City's intention to retake possession, and Hawkeye's only damages shall be a rebate of the pro rata rental. Usa of premises. Hawkoye's use of the premises under this lease shall be limited to storage of materials upon tho surface of the property, and the installation of gates and/or fencing upon the premises for security purposes. Hawkeye shall provide unhindered access to the premises to the City and U.S. West for the purposes of maintaining the utilities currently in place within the vacated right-of-way. Fur[her, should the City and/or U.S. West need to excavate for the purposes of maintaining, replacing or placing utilities on the premises, Hawkeye shall remove all materials ih the area to be excavated to allow access to the property. Hawkeye shall not use or permit the premises to be used for any unlawful purpose. Hawkeye shall comply with all local, state and federal codes. Maintenance and repairs. Hawkoye shall be responsible for maintenance and repair of the premises, and agrees to restore the premises to their condition at the commencement of this lease. Hawkeye shall make no structural alterations or improvem, ents to the leased premises without first obtaining the City's written approval. , ,. .~7,., floaeonablo care of property. Hewkeya shell not permit or allow any portion of the ','*:'".: ,,,,r.:'.premises to be damaged by any negligent act or omission of Hawkeye or Its · l::.~'.i';. 'employees, and Hawkaya agrees to surrender the premises at the expiration of this . .* .:' agreame~lt In as good condition as at the commencement of this agreement, normal , 't *{' '~, ' 'j '.'. wear and tear excepted. Hawkeye agrees to give the City free access to inspect tho premises at all reasonable times. 8. Official notices. Notices to the City as herein provided shall be sufficient tf sent by regular mall, postage prepaid, to the City Clerk, 410 E. Washington St., Iowa City, Iowa 62240. Notices to Hawkaye shall be sufficient if sent by regular mall, postage prepaid, to Hawkeye Lumber Company, 80:3 S. Dubuque St., Iowa City, Iowa ! 52240. Assignment or Transfer. Hawkeye shall not assign or transfer this lease, or any Interest herein, or sublet the premise~s or any part thereof without the prior written consent of the City. '~;10. Changes to be In writing. This agreement shall not be modified, waived, or · . :'~ abandoned except in writing duly executed by both parties. This agreement . ' '; contains the whole agreement of the parties, and is not assignable by either party , ,. , without the written consent of the other. · ' '11~ Saverablllty, In the event any portion of this lease is found invalid, the remaining, .. portions shall be deemed severable and shall remain in full force and effect. ~12, Indemnification. To the fullest extent permitted by law, Hawkaye shall Indemnify :' " and hold harmless the City of Iowa City, its agents, servants, and employees ,. against all claims,' demands, and judgments made or recovered against the City for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out of, or In connection with, any acts or omissions or ". uae or misuse of the leased premises by Hawkeye, its agents, or sublassees, or any one directly or indirectly employed by any one of them. .' ':This agreement shall extend to and be binding upon the heirs, executors, administrators, , . ~ ..t.. 'l[.,l:uetaaa~ successors, receivers, and assigns of the parties hereto. ~-~:..l, ' ' '~'~" *~ 'i~! " IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. Mayor F ~B',~'~c " -,' g A61:ho*,:.:Lz ea Agent ':, * , City'Clark Prepared by: Beth Pfohl, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 02-305 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION ENHANCEMENT FUNDS. WHEREAS, the Dubuque Street entranceway south of Interstate 80 interchange is in need of beautification; and WHEREAS, said entranceway serves as the primary entrance into Iowa City as well as the University of Iowa; and WHEREAS, state Transportation Enhancement funds would allow for this entranceway to be reconstructed and landscaped, provide improved drainage and plantings to help mitigate water runoff, as well as extend the Iowa River Corridor Trail, make improvements to existing bus stops, and provide a visitor's kiosk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for state Transportation Enhancement funds. 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. 3. The City agrees to maintain the improvements for a minimum of 20 years if funding is approved. Passed and approved this 101:hday of 20 02. Resolution No. 02-305 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X - Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Lizabeth Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 02-306 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT AND A STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1005 NORTH SUMMIT STREET, IOWA CITY, IOWA. WHEREAS, on August 29, 1990, the property owner of 1005 North Summit Street executed a Rehabilitation Agreement and a Statement of Life Lien through the City's Housing Rehabilitation Program. The financing was in the form of a conditional occupancy loan in the amount of $2,000; and WHEREAS, the loan was 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 1005 North Summit Street, Iowa City, Iowa from the Rehabilitation Agreement and a Statement of Life Lien, recorded on September 11, 1990, Book 1166 Page 336 through Page 341 of the Johnson County Recorder's Office. Passed and appreved this 1nth dayof 20 07 MAYOR Approved by CI'I-~LERK City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn Prepared by: Lizabeth Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1005 North Summit Street, Iowa City, Iowa, and legally described as follows: Beginning at a point 20 feet North of the Southeast corner of Lot 14 in Block 4 in D. A. Dewey's Addition to Iowa City, Iowa, according to the recorded plat thereof; thence West on a line parallel to the North line of said Lot 14 to the West line of Lot 12 in Block 3 of said D. A. Dewey's Addition to Iowa City; thence Southerly along the West line of Lots 12, 13 and 14 in Block 3 of said Addition to a point 9 feet North of the Southwest corner of Lot 14 of said Block 3 of said Addition; thence East parallel with the South line of said Lot 14 in said Block 3 of D. A. Dewey's Addition to the East line of said Lot 14 in said Block 3; thence North to a point due West of the Southeast corner of Lot 12, Block 4, of D. A. Dewey's Addition to Iowa City, Iowa; thence East along the South line of said Lot 12 in Block 4 to the Southeast corner of said Lot 12; thence North to the point of beginning; except that part off the East end of the premises, used for road purposes. Except beginning at the Southeast corner of Let 12, Block 4, D. A. Dewey's Addition to Iowa City, Iowa; thence N 89 degrees 25 minutes W, 132.00 feet along the Southerly line of Lot 12; thence North 70.00 feet; thence S 89 degrees 25 minutes E, 132.00 feet; thence South 70.00 feet to the point of beginning. from an obligation of the property owner, Clara M Dohrer, to the City of Iowa City in the total amount of $2,000 represented by a Rehabilitation Agreement and a Statement of Life Lien Mortgage recorded on September 11, 1990, Book 1166, Page 336 through Page 341 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. Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Ih day of ~e,,~_.~/.. ¢. , A.D. 20 o,2 , before me, the undersigned, a Notary Public in and for said Cour~ty, in- said State, personally appeared Ernest W. Lehman 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. z),A-~,o(,. , adopted by the City Council on the /O day ..~2.0 c~ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Io"' '-.I80NDRAE FORT I ~ tJ~ ~J Commission Number 159791J J'~'J My Com~.~is, sion Expires Notary Public in and for Johnson County, Iowa ppdrehab/1005summit.doc Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-307 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM KUM & GO STORE #51 WHEREAS, on May 17, 2002, Aaron Dusk Lehman was convicted/pled guilty in Johnson County District Court, Case No. STIC 118615 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Lehman was an employee of the establishment operating under the retail cigarette permit issued to Kum & Go Store #51,323 E. Burlington Street, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on August 23, 2002, Kum & Go Store #51 waived its fight to the heating required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of tight to heating and payment of $300.00 civil penalty on behalfofKum & Go Store #51. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Septembe~ 10, 2002 Mayor, City of Iowa City ATTEST: ~9~..~.~.~._.~ 7~f ~ City ~lerk, City of Iowa City Resolution No. 02-307 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: , NAYS: ABSENT: X Champion X :_- Kanner X Lehman ~( O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-308 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM THE TOBACCO BOWL WHEREAS, on July 1, 2002, Christopher Douglas Wiersema was convicted/pled guilty in Johnson County District Court, Case No. STIC 118617 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Wiersema was an employee of the establishment operating under the retail cigarette permit issued to The Tobacco Bowl, 111 S. Dubuque Street, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on August 23, 2002, The Tobacco Bowl waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(I), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORe, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of The Tobacco Bowl. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: September 10, 2002 ATTEST: ~ .~ ~ City ~terk, City of Iowa City Resolution No. 02-308 Page 2 It was moved by ChamDioll and seconded by Vanderhoef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X '~ Kanner X Lehman ~' O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by Andy Matthews, Asst. City Attorney, 4 I0 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 02-309 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, BILL MILHALOPOULAS, AND ATLAS WORLD GRILL, INC. D/B/A ATLAS WORLD GRILL, FOR A SIDEWALK CAFe; WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and V~rlEREAS, Atlas World Grill, Inc. d/b/a Atlas World Grill, applied for temporary use of the public right-of-way at 127 Iowa Avenue for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this ~ ~/ ~ ~,,~ y 10 th day of September, OR ATTEST:~~4ff Approved by: CITY-CLERK C~'t~ Att0mey"~Of~ce Atlas World Grill Sidewalk Caf6 Res Resolution No. 02-309 Pa§e 2 It was moved by Champion and seconded by VanderhQef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X ~ '~- Kanner X Lehman × O'Donnell X . Pfab X Vanderhoef X Wilbum Prepared by: Mitchel T. Behr, Assr City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 02-310 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-I'EST THE RELEASE OF A SANITARY SEWER EASEMENT AGREEMENT LOCATED ON PROPERTY GENERALLY LOCATED WEST OF RIVERSIDE DRIVE SOUTH OF COMMERCIAL DRIVE. WHEREAS, the City possesses a sanitary sewer easement on property owned by Gringer Feed and Grain, Inc., located west of Riverside Drive south of Commercial Ddve; and WHEREAS, the City Public Works Department has determined that the location of the easement needs to be changed to more accurately match the actual location of the City's sanitary sewer line on the property; and WHEREAS, the sanitary sewer easement currently held by the City should be released; and WHEREAS, the owner of the properly has executed a new permanent sanitary sewer easement agreement acceptable to the City Public Works Department and approved by the City Attorney's Office; and WHEREAS, the City Public Works Department and City Attorney's Office recommend the release of the currently held sewer easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to release the currently held sewer easement through property owned by Gringer Feed and Grain, Inc., and generally located west of Riverside Drive south of Commercial Drive. 2. The City of Iowa City does hereby abandon, release, and relinquish all dght, title, and interest in the sanitary sewer easement area acquired by virtue of the permanent sanitary sewer easement agreement recorded at Book 2582, Page 145, with the records of the Johnson County Recorder, and the Mayor is hereby authorized to sign and the City Clerk to attest a release of said easement sufficient for recordation and approved by the City Attorney's Office. 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 appropriate release and easement agreement, said recording cost to be paid by the City. Passed and approved this ].0th dayof September' ,2002 Approved by CIT"~LERK City Attorney's O~ce Resolution No. 02-310 Page 2 It was moved by Champion and seconded by vanderheef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ~( Vanderhoef X Wilbum mitc~/B/g d ~er/resSS EagLdoc Prepared by: Beth Pfohl, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 02-311 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATE TRANSPORTATION ENHANCEMENT FUNDS, WHEREAS, the Iowa Department of Transportation is authorized to make annual grants for transportation projects; and WHEREAS, the Near Southside Transportation Center to be located in the Near Southside neighborhood in downtown Iowa City is a multimodal transportation facility serving regional and local needs and is consistent with the redevelopment plan for the Near Southside Neighborhood; and WHEREAS, state Transportation Enhancement funds have been used to provide streetscape funding for transportation centers in other Iowa communities; and WHEREAS, the Near Southside Transportation Center is in need of funds to supplement the streetscape project budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for state Transportation Enhancement funds. 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. 3. Staff is authorized and directed to execute such additional assurances and other documents and to provide such additional information as may be required by the Iowa Department of Transportation. Passed and approved this ].0th dayof September ,20 02 ClT~-CLERK Cit~ ,~,tto-rn~y's Office Resolution No. n~_~l 1 Page ? It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion - X Kanner X Lehman X O'Donnel[ X Pfab × Vanderhoef X Wilburn Prepared by: Shelley McCafferty, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB02-00008) RESOLUTION NO. 02-312 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE, PARTS 16-20, IOWA CITY, IOWA. WHEREAS, the owner, Arlington, LC, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Windsor Ridge, Parts 16-20; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City 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 preliminary plat of Windsor Ridge, Parts 16-20, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by Jaw. Passed and approved this ].0th day of 20 02 Approved by CITY'CLERK city At:iorn~y's~)ffic"~ It was moved by Vanderhoef and seconded by 0 ~ Donnel 'i the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadmin/res\windsorridgel $-20.doc Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB~-00009) RESOLUTION NO. 02-313 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Dial Corporation, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Silvercrest Residential Community, Pad 2; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City 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 preliminary plat of Silvercrest Residential Community, Part 2, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this lOth day of~, 2~~_~ ~ . Approved by CITY'CLERK City"Attorney's 0"ffice It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn ppdad min\res~silvercrst2.doc September 10 ,2002 The City Council of Iowa City, Iowa, met in special session, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock p.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Champion, Kanner, Lehman, O'Donnell, Pfab~ Vanderhoef~ Wilburn Absent: None -1- The presiding officer announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $10,000,000 Water Revenue Bonds of said City, in order to provide funds to pay costs of extending, improving and equipping the water utility of the City, including improvements and extensions to the municipal water treatment plant and system and improvements set forth in the City's capital improvement plan, and that notice of the proposed action to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.83 of the City Code of Iowa. Inquiry was made whether any written objections had been filed by any resident or property owner of the City to the issuance of said bonds by the City. The Clerk stated that no written objections had been filed. Oral objections to the issuance of said bonds were then called for and received and none were made. Whereupon, the presiding officer declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- The proposed action and the extent of objections thereto were then considered. Whereupon, Council Member 0' Donnel 1 introduced and delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDiNGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 WATER REVENUE BONDS," and moved its adoption. Council Member Yanderhoef seconded the motion to adopt. The roll was called and the vote was, AYES: Kanner, Lehman~ O'Donnell, Pfab, Vanderhoef, Wilburn, Champion NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 02-314 RESOLUTION INSTITUTiNG PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,000,000 WATER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $ I 0,000,000 Water Revenue Bonds for the purpose of paying costs of extending, improving and equipping the water utility of the City, including improvements and extensions to the municipal water treatment plant and system and improvements set forth in the City's capital improvement plan; and the extent of objections received from residents or property owners as to said proposed issuance of bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereofi NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this governing body does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $10,000,000 Water Revenue Bonds for the foregoing purpose. -3- Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and otherwise to take all action necessary to permit the sale of said bonds on a basis favorable to the City and acceptable to this governing body. PASSED AND APPROVED, this 10th day of September 2002. Mayor ATTEST: City'Clerk DCORSBIE:333139\1\10714.076 -4- I09-10-02 i 12 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-315 RESOLUTION ASSESSING $300.00 CIViL PENALTY AGAINST K-MART WHEREAS, on December 13, 2001, Tara Lynn Lake was convicted/pled guilty in Johnson County District Court, Docket No. STIC 118604 of violating Iowa Code § 453A.2(!); and WHEREAS, at the time of Lhe violation underlying the above conviction/plea, Lake was an employee of the establishment operating under the retail cigarette permit issued to K-Mart, 901 Hollywood Blvd; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against K-Mart and at said hearing the City Council heard the facts of the violation and the arguments of the permitee; and WHEREAS, this violation is the first such violation of an employee of K-Mart to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against K-Mart. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED:September 10, 2002 City (~"~erk, City of Iowa City Resolution No. 02-315 Page 2 It was moved by 0'Donne11 and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X ' '-- Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X . Wilbum - NOTICE OF HEARING K-Mart 901 Hollywood Blvd Iowa City, IA 52240 Retail Cigarette Permit Holder: Pursuant to Section 453A.22(2) of the Code of Iowa, if a retailer or employee of a retailer has violated Section 453A.2(1) of the Code of Iowa by selling or providing tobacco, tobacco products or cigarettes to a minor, the retailer, after notice and opportunity for a hearing, shall be subject to civil penalties. The civil penalty for a first violation pursuant to Section 453A.22(2) is $300.00. If the civil penalty is assessed, a failure to pay it results in an automatic suspension of the retail cigarette permit for a period of fourteen (14) days. On December 13,2001, Tara Lynn Lake was convicted of or pled guilty to a violation of Section 453A.2(1), prohibiting anyone from selling or providing tobacco, tobacco products or cigarettes to a minor. At the time the underlying citation was issued, Lake was an employee of your facility and working in his or her capacity as such. You are hereby on notice that the City Council for the City of Iowa City, Iowa, has sche~duled a hearing to determine whether the above-named retail cigarette permit holder should be assessed a civil penalty pursuant to Section 453A.22(2). The hearing is scheduled for September 10, 2002, at 7:00 p.m., at Emma J. Harvat Hall in the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. You have the right to attend this hearing and be heard. You may attend personally or via a representative. If you wish to avoid having the hearing on this matter and would prefer to accept responsibility for the civil penalty you may do so by tendering the $300.00 civil penalty to the City Clerk for the City of Iowa City and by executing the Waiver of Right to Hearing on Civil Penalty previously provided to you. The City Clerk's office is located at 410 East Washington Street, Iowa City, Iowa 52240. If the $300.00 civil penalty and the executed Waiver are not received by thc City Clerk by the time and date set for the hearing, the aforementioned hearing will be held as scheduled. COMPLAIN] [] T-O/ 'W [] RES [] I'jON-RES OC ¢-O&R IOWA UNIFORM CITATION AND COMPLAINT FI HIS II(NON-HIS ARMED [] YES .~ NO PLAINT~F: IOW~ CITY POLICE DEPARTMENT I~State of Iowa Defendant, Last ,,~ DL'"'~lass z~////~Z _ DL End ~ DL Rest. The u~dersi;ne~ states that o; or about /fl defendant did .nlaw fully: Operate Motor Vehicle~oat (describe)~ CMV ~Yes ~No HazMatPlac. Req. ~Yes ~o USDOT~ Upon a public highway at Located in the county and state aforesaid and did then and there comet the following offense: ~Traffic ~ Navigation ~ Snowmobile/ATV ~s~ame,.~Parks ~Scheduk'd Vio/Fine '~ O0 ~Ocl]cd~ Violalkm Court Costs DATA CODE__ Fe~Adm. Code Local Ord. ltateofl~a / ~1 ]J ~ here~ ~n~ that this is I Mo. Da Iowa and is punishable as an aggravated misdemeanor. Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5122 RESOLUTION NO. 02-316 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 reviews plans and issues building, plumbing, electrical, mechanical, sign, site development, and grading permits for construction, and issues demolition permits to assure safe demolition and proper disposal of rubble from buildings, and issues moving permits to assure the safe relocation of existing buildings; and WHEREAS, the City of Iowa City licenses electricians, plumbers, fire alarm installers, fire sprinkler installers, fire sprinkler maintenance, sign erectors, and house movers who wish to conduct business within the city; and WHEREAS the City of Iowa City inspects existing structures used for human habitation being converted to a horizontal property regime (condominium); and WHEREAS, the City of Iowa City allows for the issuance of a permit for construction of the foundation of dwellings permitted under the International Residential Code before plans for the entire building have been submitted and approved; and WHEREAS, the City of Iowa City issues temporary use permits; and WHEREAS, the City of Iowa City periodically mows weeds on private property and removes snow from public sidewalks adjacent to private property; and WHEREAS, the collection of fees for the above mentioned services is authorized by the various ordinances providing for these services, and is necessary to offset the costs of providing for these services; and WHEREAS, it is in the public interest to exempt other governmental agencies from the payment of permit fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the attached fee schedules for the aforementioned services and activities of the Iowa City Building Inspection Division be adopted and effective October 1, 2002. Passed and approved this 10th day of Septernbe~' ,20 02 Approved by CI'I'~CLERK City Attorney's Office hisblg/res~ees,dcc Resolution No. 02-316 Page 2 It was moved by Vanderhoef and seconded by O'Donnel] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X - Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum PERMIT, PLAN REVIEW, INSPECTION AND LICENSING FEES FOR IOWA CITY BUILDING INSPECTION DIVISION BUILDING PERMIT FEES Total Valuation Fee $1.00 to $1,000 $35.00 $1,001 to $2,000 $35.00 for the first $1,000 plus $3 for each additional $100.00 or fraction thereof, to and including $2,000. $2,001 to $25,000 $60.00 for the first $2,000 plus $9 for each additional $1,000 or fraction thereof, to and including $25,000. $25,001 to $100,000 $270.00 for the first $25,000 plus $5 for each additional $1,000 or fraction thereof, to and including $100,000. $100,001 to $500,000 $660.00 for the first $100,000 plus $4 for each additional $1,000 or fraction thereof, to and including $500,000. $500,001 and up $2,330.00 for the first $500,000 plus $3 for each additional $1,000 or fraction thereof. PLAN REVIEW FEES 1. Dwellings permitted under the International Residential Code (IRC): The plan review fee shall be designated as one-half of the building permit fee. 2. All other projects requiring plan review. The plan review fee shalJ be a separate additional fee equal to 65% of the building permit fee. 3. Additional plan review required by changes, additions or revisions to approved plans: (minimum charge - one hour) .................................................................. $50.00 per hour DEMOLITION PERMIT FEES 1. For a permit issued prior to the commencement of any demolition work ............... $50.00 2. For a permit issued subsequent to the commencement of any demolition work on an officially designated Historic Building or any building within a historic preservation or conservation district ........................... $1,000.00 3. For a permit issued subsequent to the commencement of any demolition work on any other building .................................................................................. $200.00 GRADING PERMIT FEES 1. Minimum fee for the issuance of any Permit ........................................................... $35.00 2. For review of grading plans ......................... ~ .......................................................... $50.00 (minimum charge ~ one hour) per hour MAJOR SITE PLAN REVIEW FEE .................................................................................. $250.00 CERTIFICATE OF OCCUPANCY (C.O.) 1. For the issuance of a C.O. in conjunction with a building permit ...................... No charge 2. For the issuance of a C.O. in conjunction with a change in use ............................. $35.00 3. For the issuance of a temporary C.O ..................................................................... $50.00 MECHANICAL PERMIT FEE Minimum fee for any permit ............................................................................................... $35.00 Residential Fee Schedule 1. New residential permitted under the IRC (each dwelling unit) ................................ $50.00 2. Residential remodel permitted under the IRC (per dwelling unit) ............................ $35.00 Non-Residential Fee Schedule · Value of work from $1 - $1,000 .................................................................................... $35.00 · Each additional $1,000 or fraction thereof .................................................................... $15.00 ELECTRICAL PERMIT FEES Minimum fee for any permit ............................................................................................... $35.00 Residential Fee Schedule 1. New residential permitted under the IRC (each dwelling unit) .............................. $100.00 2. Residential remodel permitted under the IRC (per dwelling unit) A. New service and associated wiring .................................................................... $50.00 B. Rewiring or additional wiring with no service change ......................................... $50.00 3. Swimming pool ....................................................................................................... $50.00 Non-Residential Fee Schedule · Value of work from $1 - $1,000 .................................................................................... $35.00 · Each additional $1,000 or fraction thereof .................................................................... $15.00 PLUMBING PERMIT FEES Minimum fee for any permit ............................................................................................... $35.00 Residential Fee Schedule 1. New residential permitted under the IRC (each dwelling unit) .............................. $100.00 2. Residential remodel permitted under the IRC (per dwelling unit) ............................ $50.00 3. Building sewer and/or water service ....................................................................... $50.00 hisblg/resllees doc 2 Non-Residential Installations: · value of plumbing work $1 - $1,000 ................................................................... ....i.....$35.00 · each additional $1,000 or fraction thereof .................................................................... $15.00 SIGN PERMIT FEES 1. Minimum fee for any permit .................................................................................... $50.00 2. For each square foot of sign face ............................................................................. $1.00 3. Maximum fee for a special event sign .................................................................... $50.00 LICENSING AND RENEWAL FEES Annual Application Renewal Reinstatement License Fee Fee Fee Master Electrician or Plumber $25.00 $50.00 $65.00 Journeyman Electrician or Plumber $25.00 $50.00 $65.00 Maintenance Electrician $25.00 $50.00 $55.00 Sewer & Water Installer $25.00 $50.00 $55.00 Inactive Electrician or Plumber 0.00 $15.00 $25.00 Fire Alarm Installer $25.00 $50.00 $65.00 Fire Sprinkler Installer $25.00 $50.00 $65.00 Fire Sprinkler Contractor $25.00 $50.00 $65.00 Sign Erector $50.00 $50.00 $65.00 Examination fees shall be paid to the testing agency in accordance with their fee schedules. BUILDING MOVING LICENSE & PERMIT FEES Movers License for one (1) week ................ $35.00 one (1) month ............... $50.00 six (6) months ............ $100.00 one (1) year ...................... $130 Moving Permit for any building ......................... $85.00 TEMPORARY USE PERMIT FEES 1. Initial Temporary Use Permit ................................. $75.00 2.Subsequent Temporary Use Permits ...................... $25.00 (permits issued to the same applicant for the same use at the same location within one year of the expiration of the original permit.) hisblg/res~ees.doc 3 OTHER FEES 1. Re-inspection fee ................................................ $50.00 2. Inspection outside of normal business hours ......... $50.00 (Minimum Charge-2 hours) 3. Permits or inspections for which no fee is specified $35.00 4. Administrative Fee for weed mowing or snow removal $50.00 5. Foundation Permits ................................................ $75,00 (Allowed only for structures built under the IRC. This fee is separate from and in addition to all other permit fees associated with the project. This permit is to be issued within 24 hours of receiving the application.) 6. Condominium conversion ....................................... $200.00 7. Minor Modification ................................................ $50.00 8. Board of Appeals ................................................ $100.00 City of Iowa City departments are exempt from all permit fees. All other governmental agencies are exempt from the permit fees required herein; provided, however, the agencies shall pay plan review fees, inspection fees, and any other actual costs incurred by the City of Iowa City hisblg/resh'ees doc 4 Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5122 RESOLUTION NO. )LUTION ESTABLISHING FEES FOR SERVICES AND ACTIVITIES OF INSPECTION DIVISION OF THE DEPARTMENT OF HOUSIN(~ AN[ ECTION SERVICES. WHEREAS, the Cit ~f Iowa City reviews plans and issues building, electrical, mechanical, sign, site ~lopment, and grading permits for construction, issues demolition permits to assure safe lition and proper disposal of rubble from buiI~ IS, and issues moving permits to assure the buildings; and WHEREAS, the City .~nses electricians, [~ fire sprinkler installers, fire sprinkler sign erectors, and movers who wish to conduct business within the city; and WHEREAS the City of Iowa City used for human habitation being converted to a horizontal property regime and WHEREAS, the City of Iowa City allows for suance of a permit for construction of the foundation of dwellings permitted under th~ 31 Residential Code before plans for the entire building have been submitted and and WHEREAS, the City of Iowa City issu temporary use and WHEREAS, the City ~y mows weeds on property and removes snow from public sidewalks adjacent' property; and WHEREAS, the collection for the above mentioned by the various ordinances providing for and is necessary to offset of providing for these services, and ' the costs of providing said services; WHEREAS, it is in th, to exempt other governmental ag ~ the payment of permit fees. NOW, BE IT RESOLVED BY THE CITY COUNCIL OF THE OF IOWA CITY, IOWA, t fee schedules for the aforementioned services the Iowa City Bui Inspection Division be adopted and effective October 1,2002. Passed an~ ~roved this day of ,20__ MAYO R Approved by ATTEST: ~ CITY CLERK City Attorney's Office hisblg/res/fees doc City of Iowa City MEMORANDUM TO: Steve Atkins, City Manager FROM: Tim Hermes, Senior Building Inspector--'~ DATE: August 9, 2002 RE: Fee Increases I have spent some time studying our current fee schedule and comparing the fees we charge with those charged by surrounding jurisdictions. As you can see by the attached chart, our permit fees are currently considerable lower than all the compared cities. In view of that fact I am proposing that we increase our permit and licensing fees. The proposed increases involves some restructuring designed to simplify the computation of some of the fees and also includes the new licensing fees for fire alarm and sprinkler installers. This makes the overall increase difficult to calculate but it appears to average 37%. While this increase appears somewhat high, it still leaves us under all but one of the compared jurisdictions. The sum total of all permit fees for a new home still remains below 1% of the value of the house. Most of the fee increases are derived by increasing fees 3% a year for 9 years and then rounding to the nearest dollar for fees below $5 and to the nears five dollars for the others. The four-year average revenue generated by fees collected in the Building Inspection Division is $592,000. I estimate an increase in revenue to be close to the 37% average fee increase. The fee restructuring consists of charging flat fees on plumbing, electrical and mechanical work for one- and two-family dwellings as well as townhouses. This will require the applicant to name the contractors that are required to be licensed on the building permit application and pay the fees for those trades. Therefore, instead of issuing five permits we are only issuing one while still being assured the required licensed contractors are perl:orming the work. This will benefit the contractors by assuring them all the required permits are issued for their project and benefits their subcontractors by not requiring them to apply for and obtain permits. This new fee structure will hold true for all permits issued for work performed under the International Residential Code whether it is new construction, remodeling or additions. Cc: Doug Boothroy, Director, Housing and Inspection Services COMPARISON OF PERMIT COSTS FOR A SINGLE FAMILY DWELLING VALUED AT $150,000 08/09/02 Building Electrical Plumbing Mechanical Sewer Total Coralville 1273 * * * 100 $ 1,373 Linn County 1150 211 144 83 n/a $ 1,588 Marion 814 65 120 60 20 $ 1,079 North 1273 * * * 200 $ 1,473 Johnson Counl 1273 * * * * $ 1,273 Iowa City - Current 656 80 60 25 25 $ 646 Iowa City-Proposed $ 860I $ 100I $ 100I $ SOI $ SO $ 1,160 % Fee Increase 37% % of $150,000 home 0.77% · Included with the Building Permit Fee COMPARISON OF PERMIT COSTS FOR FOR COMMERCIAL PROJECT VALUED AT $500,000 Building Electrical Plumbing Mechanical Total North Liberty' 5613 * * * $ 5,613 Iowa City - Current 2072 515 515 515 $ 3,617 Iowa City-Proposed $ 2,739 I $ 770 I $ 770 I $ 770 $ 5,049 % Fee Increase 39% % of $500,000 Project 1% · Included with the Building Permit Fee Electrical, plumbing and mechanical fees are estimated based on their values being at 10% of project value Prepared by Andy MaUhews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 02-317 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO. L.L.P., AND VITO~S OF IOWA CITY INC., d/b/a VITO'S, FOR A SIDEWALK CAFg WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Landowner 120 Building Co. L.L.P., and Vito's of Iowa City, Inc., d/b/a Vito's, applied for temporary use of the public right-of-way at 118 E. College St., Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. eassed and approved this 10thdayof Se~.~~~~~ _ ATTEST: ~'~/i~) ~P~ ~ Approved by: CIT~ CLERK ' City Attorney's Office Vito's Sidewalk Caf~ Res Resolution No. 02-317 Page 2 It was moved by Champion and seconded by 0'13onnell the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X '_~ Kanner X Lehman X O'Donnell X Pt'ab X Vanderhoef X Wilbum September 10, 2002 The City Council of Iowa City, Iowa, met in open Session, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present the Mayor kehman , in the chair, and the following named Council Members: '- Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef, Wilburn Absent: None -1- Whereupon, Council Member 0' Donnel 1 introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND GERRY AMBROSE", and moved: /X/ that the Resolution be adopted. // to ADJOURN and defer action on the Resolution and the proposal to the meeting to be held at o'clock __.M. on the day of ,2002, at this place. Council Member ChampJ on seconded the motion. The roll was called and the vote was, AYES: Champi on. Lehman; O' Oonnel 1. Vand~rhn~f. W~ 1 liurn: NAYS: Pfah, Kanner Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 02-318 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND GERRY AMBROSE WHEREAS, by Resolution No. 00-295 approved and adopted on August 15, 2000, the City Council has approved and adopted an urban renewal plan for the Project Area designated as the "Sycamore and First Avenue Urban Renewal Plan," as amended (the "Urban Renewal Plan"); and -2- WHEREAS, it is desirable that properties within the Project Area be redeveloped as part of the overall redevelopment area covered by said Plan; and WHEREAS, the City has received a proposal from Gerry Ambrose (the "Developer"), in the form of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and the Developer; pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement)_on certain real property located within the Sycamore and First Avenue Urban Renewal Project Area as legally described in the Agreement hereto and incorporated herein by this reference (defined in the Agreement as the "Development Property"), consisting of the construction of improvements and additions to an existing 23,000 sq. fi. freestanding building, said Minimum Improvements must result in an increase in actual assessed value of the Development Property of at least 15 percent as of the first year for which an Economic Development Grant is received, together with any new construction located on the Development Property, as outlined in the proposed Development Agreement; and WHEREAS, the Agreement further proposes that the City make up to seven (7) consecutive annual payments to the Developer commencing on June 1, 2006 and ending on June 1, 2012, equal in amounts to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on the Development Property, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") and authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code: Section 1. That the performance by the City of its obligations under the Agreement, including but not limited to making of loans and grants to the Developer in connection with the development of the Development Property under the terms set forth -3- in the Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code. Section 2. That the form and content of the Agreement, the provisions of which are incorporated herein byJ:eference, be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this 10th. day of September ,2002. ATTEST: Clerk -4- CIG-3 CERTIFICATE STATE OF IOWA ) ) ss COUNTY OF JOHNSON_ ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a tree and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a tree and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this /ol day of ~BF-~ ,2002. City'Clerk, Iowa City, Iowa SEAL DLILLEBO~337223\1 \10714.000 -5- AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND GERRY AMBROSE AGREEMENT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT FOR PRIVATE REDEVELOPMENT (hereinafter called "Agreement"), is made on or as of the day of _, , by and among the CITY OF IOWA CITY, IOWA, a municipality (hereinafter called "City"), established pursuant to the Code of Iowa of the State of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2001, as amended (hereinafter called "Urban Renewal Act") and Gerry Ambrose, having an office for the transaction of business at 250 12th Avenue, Suite 150, Coralville, Iowa (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization of an economic development area in the City and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the Sycamore and First Avenue Urban Renewal Plan Area, which area is described in the Urban Renewal Plan approved for such area by Resolution No. 00-295 dated August 15, 2000; and WHEREAS, a copy of the foregoing Urban Renewal Plan has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer owns or has the right to occupy certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A annexed hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer will cause certain improvements to be constructed on the Development Property and will cause the same to be operated in accordance with this Agreement; and WHEREAS, the City believes that the development and continued operation of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. -l- NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning c. learly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. Certificate of Completion means a certification in the form of the certificate attached hereto as Exhibit C and hereby made a part of this Agreement, provided to the Developer pursuant to Section 3.2 of this Agreement. City means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 2001, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property and the other properties upon which the Public Improvements will be located; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Developer means Gerry Ambrose, an individual. Development Property_ means that portion of the Sycamore and First Avenue Urban Renewal Plan Area of the City described in Exhibit A hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. -2- Event of Default means any of the events described in Section 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. GERRY AMBROSE - Plamor TIF Account means a separate account within the Sycamore and First Avenue Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City with respect to the Minimum Improvements. Minimum Improvements shall mean the construction of improvements to the existing structure (Plamor building) and the construction of a new commercial building, together with all related site improvements as outlined in Exhibit B hereto. Minimum Improvements shall not include increases in assessed or actual value due to market factors. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance mean Ordinance No. 00-3947 of the City, under which the taxes levied on the taxable property in the Project Area shall be divided and a portion paid into the Iowa City Urban Renewal Tax Increment Revenue Fund. Project shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. -3- Sycamore and First Avenue Urban Renewal Tax Increment Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance in whole or in part projects undertaken pursuant to the_Urban Renewal Plan for the Project Area. Tax Increments means the property tax revenues with respect to the Minimum Improvements that are divided and made available to the City for deposit in the Sycamore and First Avenue Urban Renewal Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section 12.8 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the Urban Renewal Plan, as amended, approved in respect of the Sycamore and First Avenue Urban Renewal Area, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. -4- (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2. Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) The Developer has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform his obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of any contractual restriction on the Developer, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of the Agreement or the Developer's ability to perform his obligations under this Agreement. -5- (e) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State and federal laws and regulations. (f) The Developer will use his best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or_met in connection with the Project. (g) The Developer has not received any notice from any local, State or federal official that the activities of the Developer with respect to the Development Property may or will be in violation of any environmental law or regulation. The Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and the Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (h) The Developer will cooperate fully with the City in resolution of any traffic, parking, and trash removal or public safety problems that may arise in connection with the construction and operation of the Minimum Improvements. (i) The Developer would not undertake his obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. ARTICLE III. DEVELOPMENT AND OCCUPANCY REQUIREMENT Section 3.1. Minimum Improvements. The Developer agrees to complete Minimum Improvements generally consisting of improvements to the existing structure (Plamor building) and the construction of a new approximate 4,600 S.F. building for commercial uses on the Development Property, all as more fully described on Exhibit B hereto. The construction of the Minimum Improvements must increase the actual assessed value of the Development Property by at least 15% over the actual assessed value on January 1, 2002, as of January 1, 2004. -6- The Developer shall submit all exterior changes or new construction requiring a building permit for review and approval by the City staff design review committee. The Developer shall submit a site plan, for approval by the City Manager, which provides landscaping and which defines the entryways and other related drive-through traffic patterns through the use of landscaping and other appropriate streetscape elements. Section 3.2. Certificate of Completion. Upon written request of the Developer after issuance of an occupancy permit for the Minimum Improvements, or any discreet portion thereof, the City will furnish the Developer with a Certificate of Completion for such portion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement with respect to the obligations of the Developer to construct such portion of the Minimum Improvements. A Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section 3.2, the City shall within twenty (20) days after written request to the Developer, provide the Developer with a written statement indicating with adequate detail, in what respects the Developer has failed to complete the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary in the opinion of the City, to obtain such Certificate of Completion. Section 3.3. Occupancy. Along with the certifications required under 6.7 hereto, the Developer will certify that by November 1, 2003, at least 65% of the gross leasable space is occupied. On November 1, 2004, the Developer will certify that 75% of the gross leasable floor space of the Development Property is occupied. Beginning on November 1, 2005, and until the Termination Date, the Developer will certify that by November 1 of each year or during ten of the twelve previous months 80% of the gross leasable floor space of the Development Property is occupied. Failure to so certify, or to meet the occupancy requirements, shall constitute default under Article X of this Agreement. ARTICLE IV. RESERVED -7- ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Upon completion of construction of the Minimum Improvements and at all times prior to the Termination Date, the Developer shall maintain, or cause to be maintained, at his cost and_expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $100,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $1,000,000 with a deductible of $500,000. (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Developer, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Developer may be self-insured with respect to all or any part of its liability for worker's compensation. -8- (h) All insurance required by this Article V to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOPER Section 6.1. Maintenance of Properties. The Developer will maintain, preserve and keep his properties (whether owned in fee or a leasehold interest), including but not limited to the Minimum Improvements, in good repair and working order, ordinary wear -9- and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 6.2. Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. The Developer will comply with all laws, rules and regulations relating to the Minimum Improvements, other than laws, rules and regulations the failure to comply with which or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of the Developer. Section 6.4. Non-Discrimination. In operating the Minimum Improvements, the Developer shall not discriminate against any applicant, employee or tenant because of race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. The Developer shall ensure that applicants, employees and tenants are considered and are treated without regard to their race, creed, color, religion, sex, national origin, sexual orientation, age, disability, marital status or gender identity. Section 6.5. Available Information. The Developer shall upon request provide the City with a letter of an independent public accountant selected by the Developer to the effect that he has reviewed financial statements of the Developer which have been prepared in conformity with generally accepted accounting principles, that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards, and that the Developer is financially capable of fulfilling its obligations under this Agreement. Section 6.6. Continued Operation. Commencing upon the signing of the Agreement, the Developer agrees that he will operate a retail/commercial center at the Development Property and will continue operation of this business until at least the Termination Date set forth in Section 12.8 hereof. Section 6.7. Annual Certification. To assist the City in monitoring and performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the -10- amount of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Minimum Improvements (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement (including but not limited to the occupancy requirements of Section 3.3 hereto) and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing November 1, 2003, and ending on November 1,2011 both dates inclusive. Upon certification by the Developer on or before November 1, 2003, the City will certify to establish a base value as of January 1, 2002. ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of the Developer; Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the issuance of the Certificate of Completion and prior to the Termination Date, the Developer will not dispose of all or substantially all of his assets or assign his interest in this Agreement to any other party unless (i) the transferee partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Developer under this Agreement and (ii) the City consents thereto in writing in advance thereof. Notwithstanding the foregoing, however, or any other provisions of this Agreement, the Developer may pledge any and/or all of his assets as security for any financing of the Minimum Improvements, and the City agrees that Developer may assign his interest under this Agreement for such purpose. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal Act, the City agrees, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and to the terms -11- of this Article VIII, to assume an obligation to make up to seven (7) consecutive annual payments to the Developer commencing on June 1, 2006 and ending on June 1, 2012, pursuant to Section 403.9 of the Urban Renewal Act, equal in amounts to one hundred percent (100%) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on Development Property under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to make an Economic Development Grant to the Developer in any year as specified above shall be subject to and conditioned upon the timely filing by the Developer of all previous annual statements, proofs and certifications required under Section 6.7 hereof and the City Manager's approval thereof. Beginning with the November 1, 2003 certification, if the Developer's annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City Manager approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of the following fiscal year. (For example, if the Developer and the City each so certify on November and December 2003 and 2004, respectively, the first Economic Development Grant would be paid to the Developer on June 1, 2006). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration to the Developer's certification due to its late filing. - 12- (d) The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $400,000. Each Economic Development Grant shall be equal to the sum of one hundred percent (100%) of all Tax Increments collected per fiscal year in respect of the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2004, and on January 1 of each of the following six (6) years, until the total, aggregate of all such Economic Development Grants equals no more than the sum of $400,000. If a final grant based upon one hundred percent of Tax Increments would result in total, aggregate Economic Development Grants in an amount exceeding $400,000, the final Economic Development Grant shall be reduced accordingly. Such Economic Development Grants shall at all times be subject to termination in accordance with the terms of this Article VIII. Thereafter the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. (e) In the event that any certificate flied by the Developer under Section 6.7 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Section 10.2 hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the GERRY AMBROSE - Plamor TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Minimum Improvements and allocated to the GERRY AMBROSE - Plamor TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City receives an opinion of its legal counsel to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken -13- by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted, or under a controlling decision of an Iowa court having jurisdiction over the subject matter hereofi Upon receipt of such an opinion, the City shall promptly forward a copy of the same to the Developer. If the circumstances or legal constraints giving rise to the opinion continue for a period during which two (2) Economic Development Grants would otherwise have been paid to the Developer under the terms of Section 8.1, the City may terminate this Agreement, without penalty or other liability to the Developer, by written notice to the Developer. (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the GERRY AMBROSE - Plamor TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property unrelated to construction of the Minimum Improvements (i.e. increases in assessed or actual value due to market factors) any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE IX. iNDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, servants and employees thereof(hereinafter, for purposes of this Article IX, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. - 14- (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agree to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce his rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements or (iii) any hazardous substance or environmental contamination located in or on the Development Property. (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the termination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of Article III of this Agreement; (b) Transfer of any interest in this Agreement or the assets of the Developer in violation of the provisions of Article VII of this Agreement; -15- (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; (e) The Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; or (f) Any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsections (e) or (f) of said Section 10.1 in which case action may be taken immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been -16- informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold the Certificate of Completion; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall m-pay to the City, an amount equal to the most recent Economic Development Grant previously made to the Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such fight and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. -17- Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the party who is not in default shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the party in default herein contained, the party in default agrees that it shall, on demand therefor, pay to the part not in default the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the party not in default in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Option to Terminate. This Agreement may be terminated by the Developer if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such noncompliance will be cured as soon as reasonably possible. Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith (but only, in the case of the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and operation of the Minimum Improvements at its own expense and without regard to the provisions of this Agreement. -18- ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. The Developer represents and warrants that, to his best knowledge and belief after due inquiry, no officer or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Developer, is addressed or delivered personally to the Developer at 250 12th Avenue, Suite 150, Coralville, Iowa 52241. (b) In the case of the City, is addressed to or delivered personally to the City at Civic Center, 410 E. Washington Street, Iowa City, Iowa, 52240, Atto: City Manager; or to such other designated individual or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 12.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. -19- Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after December 31, 2012. 1N WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its name and behalf by Gerry Ambrose. (SEAL) CITY OF I~/~ITY, IOWA By: ~ ATTEST: By: '~)~],~'~'..*~ .~. '2~A~ City~lerk - 20 - Develop[r\Owae'? ATTEST: ~/~ ~~/ (title) / STATE OF IOWA ) ) ss COUNTY OF3-'~so~ ) On this [ 0 day of ~;~m~, 2002, before me a Notary Public in and for said County, personally app6ared Ernest W. Lehman and Marian Kan' to mc personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. I,~I**1 SOND~EFORT "1 ~'4~, ~.~ Commission Number 159791I I'l"l MyC~m~* / ~ ~ I '/~t-I 3- 7- OS ! Notary Public in and for Johnson County, Iowa -21 - STATE OF ~,x~,9_~ ) ) ss COUNTY OF -.J~'-/~,o~o,~ ) On this J ~ day of ~c~d~ 2002, before me the undersized, a Nota~ Public in and for said Count, in said State, personally appeared Ge~ Ambrose, to me personally ~own, who, being by me duly sworn, did say that ~e execution of said ins~ment to be the volun~ act and deed, by him voluntarily executed. Nota~ Public in and for ~m~ Count, - 22 - EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: Tract of land in the Resubdivision of Lot 3, Ohl's Subdivision, according to the plat of said resubdivision recorded in Book 14, Page 46, Plat Records of Johnson County, Iowa, and more particularly described as follows: Lots 6,7,5 (except the southwesterly 43 feet thereof) and Lot 8, except the following described two portions thereof, all in the replat of a portion of Lot 3, Ohl's Subdivision, according to the plat thereof recorded in Book 14, Page 46, Plat Records of Johnson County, Iowa. Excepting from Lot 8: Beginning at the southwesterly comer of Lot 7 in the Resubdivision of Lot 4, Ohl's Subdivision; thence N68°53'20"E, 102.50 feet along the northwesterly line of said Lot 3 to the westerly Right of Way line of the First Ave. Realignment; thence southwesterly along said R.O.W. line, being a curve concave westerly with a radius of 724.00 feet, for a distance of 95.45 feet; thence N47°37'40"W, 72.15 feet to the Point of Beginning. And further excepting: Commencing at the southeast comer of the southeast quarter of Section 14, Township 79 North, Range 6 West of the 5t~ Principal Meridian; thence N00°00'00"W, 677.88 feet, as Recorded in Plat Book 8, at Page 38 of the Records of the Johnson County Recorder's Office; thence S68°55'30"W, 204.46 feet to the Southeast comer of Lot 6, ofa resubdivision of Lot 4, Ohl's Subdivision, Iowa City, Iowa, which is the Point of Beginning; thence S47°36'26"E, 72.31 feet, to a point on the northwesterly Right of Way of First Avenue; thence southwesterly, 98.60 feet, along said northwesterly Right of Way line on a 724.00 foot radius curve, concave northwesterly, whose 98.53 foot chord bears S33°53'33"W, thence N67°42'44"W, 176.58 feet to a point on the southerly line of Lot 6, of said Resubdivision of Lot 4 of Ohl's Subdivision; thence N68°55'30"E, 176.76 feet, to the Point of Beginning. A-1 EXHIBIT B MiNIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of improvements to an existing 23,000 S.F. freestanding building and the construction ora new approximate 4,600 S.F. building for commercial uses on the Development Property. Said Minimum Improvements must result in an increase in actual assessed value of the Development Property of at least fifteen (15) percent as of the first year for which an Economic Development Grant is received, together with any new construction located on the Development Property. B-1 EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City") and GERRY AMBROSE, having an office for the transaction of business at 250 12m Avenue, Suite 150, Coralville, Iowa (the "Developer"), did on or about the day of _, 2002, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and as more particularly described as follows: Tract of land in the Resubdivision of Lot 3, Ohl's Subdivision, according to the plat of said resubdivision recorded in Book 14, Page 46, Plat Records of Johnson County, Iowa, and more particularly described as follows: Lots 6,7,5 (except the southwesterly 43 feet thereof) and Lot 8, except the following described two portions thereof, all in the replat of a portion of Lot 3, Ohl's Subdivision, according to the plat thereof recorded in Book 14, Page 46, Plat Records of Johnson County, Iowa. Excepting from Lot 8: Beginning at the southwesterly comer of Lot 7 in the Resubdivision of Lot 4, Ohl's Subdivision; thence N68°53'20"E, 102.50 feet along the northwesterly line of said Lot 3 to the westerly Right of Way line of the First Ave. Realignment; thence southwesterly along said R.O.W. line, being a curve concave westerly with a radius of 724.00 feet, for a distance of 95.45 feet; thence N47°37'40"W, 72.15 feet to the Point of Beginning. And further excepting: Commencing at the southeast comer of the southeast quarter of Section 14, Township 79 North, Range 6 West of the 5th Principal Meridian; thence N00°00'00"W, 677.88 feet, as Recorded in Plat Book 8, at Page 38 of the Records of the Johnson County Recorder's Office; thence S68°55'30"W, 204.46 feet to the Southeast comer of Lot 6, ofa resubdivision of Lot 4, Ohl's Subdivision, Iowa City, Iowa, which is the Point of Beginning; thence S47°36'26"E, 72.31 feet, to a point on the northwesterly Right of Way of First Avenue; thence southwesterly, 98.60 feet, along said northwesterly Right of Way line on a 724.00 foot radius curve, concave northwesterly, whose 98.53 foot chord bears S33°53'33'W, thence N67°42'44"W, 176.58 feet to a point on the southerly line of Lot 6, of said Resubdivision of Lot 4 of Ohl's Subdivision; thence N68°55'30"E, 176.76 feet, to the Point of Beginning. C-1 WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.2 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement with respect to the construction of the Minimum Improvements on the Development Property. All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) CITY OF IOWA CITY, IOWA By: Mayor ATTEST: By: City Clerk C-2 STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this __ day of _, 2002, before me a Notary Public in and for said County, personally appeared Ernest W. Lehman and Marian Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of I_owa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa C-3 /7 (d) The total, aggregate amount of all Economic Development Grants under this Agreement shall not exceed $500,000. Each Economic Development Grant shall be equal to the sum of one hundred percent (100%) of all Tax Increments collected per fiscal year in reject of the assessments imposed on the Development Property and Minimum Imprd~ements as of January 1, 2004, and on January 1 of each of the following six (6) years, t~gtil the total, aggregate of all such Economic Development Grants equals no more than the ~nm of $500,000. If a final grant based upon one hundred percent of Tax IncrementS~would result in total, aggregate Economic Development Grants in an amount exceeding $'5~00,000, the final Economic Development Grant shall be reduced accordingly. S~uch Economic Development Grants shall at all times be subject to termination in ~a~cordance with the terms of this Article VIII taxes levied on the Developm~t Property and Minimum divided and applied in accordance with ~e Urban Renewal Act and the (e) In the event,~that any certificate Section 6.7 or other information availabl~ to the City discloses existence or prior occurrence of an Event of Default thal ' be cured under the provisions of Section 10.2 (or ~ .xwith the giving of notice, or both, would become an Event of Default thatsqannot ' be cured under the provisions of Section 10.2), the City any further payments to the Developer in respect of the and may proceed to take one or more of the actions described hereof. Section 8.2. Source of Grant __ (a) The Economic Development Grants shall be payable from and , and only by amounts deposited and held in the GERRY AMBROSE of the City. The City hereby covenants and agrees to maintain the the term hereof and to apply the incremental taxes collected in respect of the tnd allocated to the GERRY AMBROSE - Plamo/TIF Account to Economic Development Grants, as and to the extent set forth ir/Section 8.1 hereof. ~he Ex/~oxnomic Development Grants shall not be payable in any manger by other tax increment reveh~es or by general taxation or from any other City fu~?. ~ (b) Notwiths?anding the provisions of Section 8.1 hereo~ the City shall have no obligation to make a/ri Economic Development Grant to the Devel01axer if at any time during the term hereof the City receives an opinion of its legal couns/flxto the effect that the use of Tax In,gfements resulting from the Minimum Improvements k~,fund an Economic Deve)6pment Grant to the Developer, as contemplated under sh/~ Section 8.1, is not authoriz~/d or otherwise an appropriate project activity permitted to beh~ndertaken -13- City of Iowa City MEMORANDUM DATE: September 3, 2002 TO: City Council and City Hanager ~ FROI~t: Steven Nasby, Community and Economic Development Coordinator RE: Tax ]Increment Financing (TJF) Request - Plamor Project On the City Council agenda for September 10 there is a resolution for the proposed Plamor project located within the Sycamore\First Avenue T[F district. As you know, the Council approved this 'r[F district in September 2000 to provide incentives for the redevelopment of the commercial area around Sycamore Hall. The project site (4 parcels) is currently assessed at approximately $972,150. Due to the 'I-iF incentives, the developer is anticipating making an initial investment of $1,200,000 to $1,500,000 in improvements. The developer is requesting T[F for the proposed Plamor project similar to the terms the Council approved for the Sycamore Hall (see attached letter). As such, the development agreement for the proposed Plamor project is modeled on the approved development agreement for the Sycamore Hall. Some highlights of the Plamor development agreement include: · Assessed value must increase at least :[5% prior to any tax rebates · Hinimum occupancy standards for the duration of the agreement · Design review required · Tax rebates are for a period of seven years and are based on the increased value of the property due to site improvements · Haximum tax rebates will not exceed $500,000 On August 30, the Council Economic Development Committee discussed the Plamor T[F request. The consensus of the Council Economic Development Committee was to support the project and recommend it to the Council for negotiation of the length of the tax rebates. Cc: Karin Franklin, Director of Planning and Community Development Gerry Ambrose, Developer\Owner Prudential Prudential Ambrose & Jacobsen REALTORS* 250 12th Avenue, Suite 150 Ceralville, IA 52241 ~3us 319 354 8118 Fax 3t9 354 0921 prudential@pruic corn August 19, 2002 City of Iowa City City Council 410 E. Washington Street Iowa City, IA 52240 Dear Council Members, The purpose of this letter is to formally request Tax Increment Financing (TIF) for the former Plamor Lanes property located at 1555 S. First Avenue in Iowa City. The current assessed value of that property, which is Assessor's parcel #1014486002, is $754,950.00. This assessed value netted a real estate tax totaling $26,390 for the 2001- 2002 fiscal year (payable in 2002-2003). I have recently acquired this property for a purchase price of $900,000, and plan on adding approximately $1.2 to $1.5 million in improvements, beginning in mid to late September of this year. These improvements should result in an increase in tax revenues for the City of Iowa City. I would like to make this property something that the community will be proud call it's own, similar to what has been done at the Sycamore Mall. I would greatly appreciate it if this request would be taken into consideration for approval at the September 10, 2002 City Council meeting. I truly appreciate your consideration of this request and wish you all well. ~An independently owned and operated member of The Prudential Real Estate Affiliates Inc Stephen Atkins City Manager City of Iowa City September 3, 2002 Dear Mr. Atkins, This correspondence concerns "TIF" negotiations with the old Plamor Lanes building, the city and Ambrose. We own North Dodge Athletic Club in Iowa City and are currently paying $58,000 to $60,000 in property taxes. Oar taxes initially were about $27,000. We made improvements with no government assistance and our taxes more than doubled. My concern is we employ more than 200 people, most part- time per year, and we do not want to be put at a competitive disadvantage with our business. We don't mind competing with anyone but as everybody is aware, Ambrose is one of the wealthiest people in the city and he needs no financial help. If he can afford a Jaguar and approximately $25,000 per month in alimony he doesn't need government assistance. We offered $1,000,000.00 for that building approximately one year ago and were tumed down. Our intent was to continue it as a bowling alley with improvements. It is bad enough First Ave. is still closed. Please don't make matters worse by putting us at a competitive disadvantage with unnecessary "TIF" benefits. Thank you for your consideration on this matter. We will be available to address this matter at anytime. The North Dodge Athletic Club phone number is 351-5683 and you can contact myself or David Wooldrik, co-owners. Best regards, Stephen A. Moss Co-Owner of North Dodge Athletic Club SAM/ssm Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 02-319 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST A CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 LANDSCAPE IMPROVEMENTS PROJECT. WHEREAS, Iowa City Landscaping of Iowa City, Iowa has submitted the lowest responsible bid of $57,884.40 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 Iowa City Landscaping, 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 10th day of September ,20 02 Approved by ClTY"-~LERK C~t~ Attorney's T:)ffice It was moved by Vanderhoef and seconded by Kanner the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng\RES\hwy61andscape.doc 9/99 Prepared by: Ross Spitz, Civil Engineer, 410 E, Washington St., Iowa City, IA 52240 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST CONTRACT FOR CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS WHEREAS, of has submitted the lowest responsible bid of $ for construction of the; project. NOW, THEREFORE, RESOLVED BY THI~ COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the of above-named project is hereby awarded to to the condition that awardee secure adequate performance and ~nsurance certificates, and contract compliance program statements. 2. The Mayor is hereby [o sign and the City Clerk to attest the contract for construction of the subject to the condition that awardee secure adequate performance and insurance certificates, and contract compliance program statements. Passed and approved this __ day ,20 MAYOR by ATTEST: CITY City Attorney's Office (add voting block i' pweng\RES\hw~landscape. 9/99 Publish 8/28 ADVERTISEMENT FOR BIDS Highway 6 Landscape Improvements Project Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the loth day of September, 2002, 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. Proposals 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 10th day of September, 2002, or at such later time and place as may be scheduled. The Project will involve the following: Removal and hauling away of declining and other undesirable vegetation. Planting of trees, and shrubs. Maintenance of trees and shrubs. All work is to be done in strict compliance with the plans and specifications prepared by Hawks Design, of Iowa City Iowa, 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 AF-1 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 one (1) year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Completion Date: November 15, 2002 Liquidated Damages: $50.00 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 Office of The City Engineer, Iowa City, Iowa, by bona fide bidders. A $20.00 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 The City of Iowa City. 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 AF-2 Prepared by: Klm Johnson, Public Works, 410 E. Washington St,, Iowa City, IA 52240 (319) 356~5193 RESOLUTION NO. 02-320 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT STORM SEWER EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE OWNERS OF LOT 9, DEAN OAKES SECOND ADDITION, IOWA CITY, IOWA. WHEREAS, a storm sewer line extends through property legally described as Lot 9, Dean Oakes Second Addition, Iowa City, Iowa; and WHEREAS, the owners of Lot 9, Dean Oakes Second Addition and the City of Iowa City wish to memorialize the assignment of rights, risk and obligations with respect to the property lying thereunder in relation to the sewer line; and WHEREAS, it is in the public interest to enter into an easement agreement to provide for the maintenance and repair of the storm sewer and the parties have reached agreeable terms to facilitate the same. 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 enter into an agreement to provide for the maintenance and repair of the storm sewer located on property legally described as Lot 9, Dean Oakes Second Addition, Iowa City, Iowa. 2. The mayor is hereby authorized to sign, and the city Clerk to attest, the Permanent Storm Sewer Easement Agreement for Lot 9, Dean Oakes Second Addition, Iowa City, Iowa, and the City Clerk is hereby authorized and directed to cedify a copy of this resolution for recordation in the Johnson County Recorder's Office together with the above-referenced agreement, at City expense. Passed and approved this 10th day of ., 2002. Approved by CIT'¥'~%ERK " Cit~, At~rn~ey's O~ice pweng\res~lot9oakes doc Resolution No. 02-320 Page 2 It was moved by Champion and seconded by 0' Donne11 the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X ,- Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum