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Home My WebLink About2007-06-19 Resolution fl-? 3c( 17) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-173 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY , IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Fraternal Order of Eagles Iowa City Aerie #695 - 225 Hwy 1 West Passed and approved this 19th day of June ,2007 ~U~~ MAYOR ATTEST: ~~,~ K'.~J CIT CLERK Approved by ~ ~ \~ ~-o\.. City Attorney's Office It was moved by Bailey and seconded by Champion Resolution be adopted, and upon roll call there were: the AYES: X - ~ ~ X X NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ~ ~ N'JD .~ /; ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-174 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED Passed and approved this 19th day of June , 2007 ~ (-1~ . MAYOR ATTEST: '-~~ tV. ~.-J CIT CLERK Approved by ~~~ \,S--O~ City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Champion the AYES: X - X -X- X - x X ~ NAYS: ABSENT: Bailey - Champion - Correia Elliott O'Donnell Vanderhoef Wilburn CIGARETTE PERMITS PRINTED : 07-MAY-07 PAGE: 1 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER # ./ A- D...0<'- e,< ,,,. \ V Oe)' Go\N AAJAXXX: LIQUOR STORE--- r ~o'\'., . AAJAXXX-bf-eBeR---srfBR:EJ--INe--- E'....... ~ f::,UJ BI~KMART ~MART CORPORATION . B()/~1ES ~TIF LTD -B-l---0-l-e-&6- O-o.:t-Gf;--G-- 85 00140 07063 C 85 00074 07001 C o rg- 19 05 00007 07060 C D'5-3 04 00001 . 07002 C o B.- 4- 85 00003 07003 C C>~- J..O 07 00071 00071 C o~-5 06 00074 07005 C 06 00075 07006 C 86 00022 07007 C ol(>- b 85 00092 07008 V o~- 7 87 00013 07009 C ()~-~ CI ETTE OUTLET #18 t GARETTE OUTLET INC C~GE STREET BILLIARD CLUB ~~~~~E II INC ~NIAL LANES PERSHELL CORP C~~NCE STORE THE ~i~nSTUCKER . C~HARMACY #8539 \..1'OWA ~ CVS PHARMACY LLC . CV~RMACY #8547 \A15WA ~ C~VS PHARMACY LLC D~ SHORT STOP CORPORATION ~iEL J GLASGOW D ADWOOD GER ENTERPRISES ,,~ MART #1 ~~~MART PROPERTIES INC ~RT #2 87 00018 07010 C o~... ') ELIMART PROPERTIES INC ~RT #3 98 00014 07011 C o~-/lJ LIMART PROPERTIES INC ~T#5 99 00006 07012 C bf - If D MART PROPERTIES INC ~ 00 00017 01013 C o & -'" IJ. OUTHERN DISCOUNT DEN REVISED ~c.. l~ CIGARETTE PERMITS PRINTED : 07-MAY-07 PAGE: 2 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER # ~LIN UNDERGROUND THE 93 00001 07015 C o 8 - /3 UBLIN UNDERGROUND INC ~UQUE STREET HAND I MART #2761 07 00073 00773 C 08-1 CASEY.S MARKETING COMPANY ~~SO THE MEXICAN STORE 05 00001 07061 C DlQ-/4 L PASO TIENDA Y TAQUERIA INC ~AY STORES #034 03 00007 07017 C o g- 15 AREWAY STORES INC ~/STORES #950 95 00006 07018 C Dg-/0 EWAY STORES INC ~ERNAL ORDER OF EAGLES #695 98 00003 07019 C D ~ - 17 RATERNAL ORDER OF EAGLES #695 ~S 95 00004 07020 C o ~ / J..l AP ENTERPRISES 00 00004 07021 C U <[;... J.d- INC ~TOWN MARKET INC 04 00007 07023 C D~~ 'Sob OOSETOWN MARKET INC . GREA'f HALL flee Dl.v,\.lE{2..- NC 93 00011 07024 C -v"A"! Al~D OU fIO LoN6\S.R. S~Uj!\)G C. GAR61""t"~ ~YIS SOUTH SIDE PUB 99 00004 07062 C O~- ..1-.3 DS ~IG DRUG STORE #10 98 00001 07025 C 0 ~ -;21 RTIG DRUG COMPANY INC t:?..1 loNE>f IZ. ~U).NG ~IIILLTOP LOUNGE 0"'1\"" ~o c::..1G0t~-rrE-S ~:; 00003 070:;J C HILLTOP TA'v'ERN LTD ~E DRUGSTORE 85 00013 07014 C {) ~- J.5 HY-VEE INC ~~E FOOD STORE #1 85 00009 07026 C D~-d6 Y-VEE INC ~OOD STORE #2 85 00010 07058 C 0 ~ -J 7 -VEE INC REVISED 3 c.. It CIGARETTE PERMITS PRINTED : 07-MAY-07 PAGE: 3 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER # ~E FOOD STORE #3 85 00011 07027 C o g- J-g Y-VEE INC ~E GAS (#1 ) 03 00004 07028 C o ~r ;l/ Y-VEE INC ~LYS 07 00070 og....3D PUB GAL INC ~IS GROCERY, INC. 85 00054 07029 C 0<6....31 OHN'S GROCERY INC ~Y'S CONVENIENCE STORE 06 00071 00765 C D~-5C} OHNCY'S CONVENIENCE STORE INC ~ON THE 06 00073 07031 C D K- 3J LLY L. STUCKER ~~ GO #422 85 00025 07032 C C> ~- 3) GO LC ~~ GO #51 01 01087 07033 C D~r3f GO LC ~~ GO #52 01 01088 07034 C ot--35 GO LC L'~~ GO #53 01 01089 07035 C o~- 310 GO LC ~ MIGHTY SHOP, INC. 85 00045 07036 C 0 ~- 37 & M MIGHTY SHOP INC ~NA 05 00008 00769 C o~-3g REYNA INC ~R DOWNTOWN 07 00072 00772 C D~-5~ YSON CAYLOR ~R HOUSE LTD 03 00008 07037 C Dg~ .39 IQUOR HOUSE LTD ~ ORDER OF MOOSE LODGE #1096 87 00005 07038 C o ~ -' 'Iv OYAL ORDER OF MOOSE LODGE #1096 ~H DODGE EXPRESS 01 01090 07039 C o~~lf{ D EXPRESS INC CIGARETTE PERMITS PRINTED : 07-MAY-07 PAGE: 4 DOING BUSINESS AS APPLI CANTS NAME PURPOSE O~E GO CONVENIENCE STORES ~ i~E GO CONVENIENCE STORES INC ONE EYED JAKE'S ONE POOR STUDENT INC l P~ MINI MART INC ~RTH MINI MART INC _ r~... uwllJE..cC. - No l'Ot-J~~ SELLltJb reI GN7..E.ltES . P~OR THE ~T A MALFUNCTION INC Q~ THE VRAWKEYE AMUSEMENT R~OPPY L...-SAKSHI HANDA _ R.vi EXPRESS l...ffivZ-LLC ,RTT~NORTHSIDE SERVICE ~~'NORTHSIDE SEVICE .S~BLVD HAWKEYE CONVENIENCE STORE l1i'AWKEYE OIL CO INC ST~RBAN BP AMOCO t-~BURBAN INVESTORS LC \STT~BAN BP AMOCO KEOKUK STREET ~BURBAN INVESTORS, L.C. I _ S.iO . l;1\J G OUHPUT TIlE Pe.;(" bWI'M.e- NCJ ~,.;)G€-.e 'L., SUMMIT RESTAURANT & DAR INC C:IGA<~E:\t:E,-S S~ET HAND I MART #2781 ~ASEY'S MARKETING COMPANY T 4MINI MART ~T~R INC TH-~SE SPORTS BARS THE FIELDHOUSE \T~~ ~~~E SPORTS BAR INC TOBACCO LICENSE # STICKER # 00 00002 07041 C 08-lf8- 01- 00004 ------fYIO-42--e' 05 00003 07043 C o~- '13 07 00057 07057 V 0'6-11 90 00007 07044 V D~.-45 06 00070 07064 C o gr 410 07 00075 00775 C o ~ -If-l 05 00005 07045 C () ~r f-g 00 00007 07046 C 0'6 -1-9 97 00007 07047 C Dg-SD 98 00012 07048 C o~-51 04 -e-&eB5---- ,,. (}-9-049-C- 07 00074 00774 C 0<2,- .;).. 03 00005 07051 C 04 00002 07052 C t:><6-/K 91 00009 07053 C o~-~ DOING BUSINESS AS APPLICANTS NAME PURPOSE ~ACCO OUTLET PLUS #537 KWIK TRIP INC W'/MART #1721 ~~=~RT STORES INC TAl~EENS ~A~GREEN COMPANY CIGARETTE PERMITS PRINTED : 07-MAY-07 PAGE: 5 TOTAL CIGARETTE PERMITS: 67 LICENSE # 97 00008 92 00012 85 00029 STICKER # 07054 C D~-52> 07055 C 07056 cog-51 CIGARETTE PERMITS PRINTED : 07-MAY-07 PAGE: 2 LICENS~ . / I ./ DOING BUSINESS AS APPLICANTS NAME PURPOSE / / .:f;:' ! L (( If ) STICKER # ~LIN UNDERGROUND VDUBLIN UNDERGROUND nMBUQUE STREET HANDIMAR VCASEY'S MARKETING COMPAN ~ASO THE MEXICAN STORE ~ PASO TIENDA Y TAQUERIA _ FAREWAY STORES #034 ~REWAY STORES INC ",FAREWAY-STORES #950 '~WAY STORES INC FRATERNAL ORDER OF EAGLES #695 v1fRATERNAL ORDER OF EAGLES #695 G7\4S ~D~NTERPRISES 9l 00001 /07 00073 ; ! ,. i 05 00001 / I 03 00007 95 00006 98 00003 95 00004 00 00004 INC GOOSETOWN MARKET INC GOOSETOWN MARKET INC 'GREAT HALL Pee Dv,)I\.lER- - Nt; 'VA'i Al1D CHI HO LoN~jO.i<- ~~LL} I\')G GR~Y'S SOUTH SIDE PUB ~S--- u~IG DRUG STORE #10 ~~iIG QRUG COMPANY INC ~.. I loN€>f fZ. ~U) N G -HILLTOP LOUNGE ()"'t\'("~ HILLTOP TAVERN LTD CIG-0t€--r\E;.S ~~E DRUGSTORE ~-VEE INC . HY-AEE FOOD YfY-VEE INC -HY-V~OOD ~EE INC 04 00007 85 00013 85 00009 85 00010 #2 07015 C 08- /3 00773 C 08-1 07061 C Dco-/4 07017 C og- '5 07018 C Og-/0 07019 cl)~-/7 07020 C o~- J-l 07021 C U <[;... J.J. 07023 C 07024 C 07062 C o~-c1-.3 07025 C 0 ~ -ci1 070:;J C 07014 C O~- 15 C og-076 07'6-58 C 0 ~ -J 7 M-kj- I 3e(1) 06-1 S-07 Prepared by: Susan Dulek, Asst. City Attorney. 410 E. Washington St.. Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 07-175 RESOLUTION DISSOLVING THE DEER TASK FORCE AND RESCINDING RESOLUTION NO. 07-123. WHEREAS, Resolution No. 01-80 established the Deer Task Force and also provided for the Deer Task Force to sunset on March 15, 2004; WHEREAS, after the Deer Task Force did sunset, Resolution No. 04-225 re-established the Deer Task Force and also provided for the Deer Task Force to sunset on March 15, 2007; WHEREAS, Resolution No. 07-123 extended the sunset provision for one year to March 15, 2008; WHEREAS, Resolution No. 07-123 further provided that the Deer Task Force recommend to Council whether a permanent and formal board should be established to address deer management; WHEREAS, the Deer Task Force recommended at its meeting on May 16, 2007 that a permanent and formal board should not be established to address deer management; and WHEREAS, the Deer Task Force should be dissolved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Deer Task Force is dissolved and Resolution No. 07-123 is rescinded. Passed and approved this 19th day of J~~ u lOk MAYOR ATTEST: ?;:~~~ *< ~~ CITY LERK Approved by ~~ '=>'"(~~C):} City Attorney's Office ue\Ord&Res\DeerTFResTerm.doc Resolution No. Page 2 07-175 It was moved by Bailey and seconded by Champion adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x X x X x f 1\ l ;~~) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-176 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1112 WYLDE GREEN ROAD, IOWA CITY, IOWA. WHEREAS, on May 10, 2003, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the lien have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1112 Wylde Green Road, Iowa City, Iowa from a Mortgage, recorded May 22, 2003, Book 3547, Page 655 through Page 658, of the Johnson County Recorder's Office. Passed and approved this 19 th day of June ,2007 . - ~L;~ MAYOR ATTEST: ~ t:::. ~~ CI ERK Approved by ~~ b'{f-Or City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Champion the AYES: NAYS: ABSENT: x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X X Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Krista M. Kazembe Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1112 Wylde Green Road, Iowa City, Iowa, and legally described as follows: Bryn Mawr Hts Part 2, Lot 64 of Iowa City located in Johnson County, Iowa from an obligation of the owner, Krista M. Kazembe, to the City of Iowa City represented by a Mortgage, recorded May 22,2003, Book 3547, Page 655 through Page 658, of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ~u~ MAYOR ATTEST: ~~) I-!. ~aA.AJ CITY ERK ApprovE(d.Q.Y ~__ ~~ (;-((-(.)1 City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ' ) f), On this 19 day of -;:ru N f, ,A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on b~tJalf of the corporation by authority of its City Council, as contained in Resolution No.~, adopted by the City Council on the ~ day ~u^,r;;.. , 20 t"ll and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i SONDRAEFORT o 1: Commission Number 159791 . . My Commission ~ires o ' . Sc-rv:!JlCiJ ~ Notary Public in and for Johnson County, Iowa M ~r I ~;ii, Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-177 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 62 REGAL LANE, IOWA CITY, IOWA. WHEREAS, on June 12, 1996, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, on August 16, 1997, the owners executed an amended Mortgage due to a lesser amount of funding spent; and WHEREAS, the terms of the loans have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 62 Regal Lane, Iowa City, Iowa from a Mortgage recorded June 26, 1996, Book 2110, Page 90 through Page 94, and from an amended Mortgage, recorded September 4, 1997, Book 2336, Page 272 through Page 276, of the Johnson County Recorder's Office. Passed and approved this 19th day of June , 20-DL-. ~[ .,j~ - ....... MAYOR ATTEST: IhA ~..,~~. ~A.J ~ERK Approved by ~~ 6~II-o, City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Champion the AYES: NAYS: ABSENT: x X x X x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osbome, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): George L. and Mary L. Wilmot Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property located at 62 Regal Lane, Iowa and legally described as follows: Lot 110, "Lakeside Addition", to Iowa City, Iowa, subject to restrictions and covenants of record. from an obligation of the owners, George L. and Mary L. Wilmot, to the City of Iowa City represented by a Mortgage, recorded June 26, 1996, Book 2110, Page 90 through Page 94, and an amended Mortgage, recorded September 4, 1997, Book 2336, Page 272 through Page 276, 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. ~LJ~ MAYOR ATTEST: ~~~ ~~ CI ERK Approved by ~~ ~-II-Ot- City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ICj-l~ day of TuAJt:- ,A.D. 20 ()7 ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilbum and Marian K. Karr, to me personally known, who being by me duly swom, 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.i>1:1J2.. adopted by the City Council on the JC day --;JUI\IIK , 20 () 7 and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ SONDRAE FORT o ,To Commission Number 159791 . . My Commission Expires ow S 0 S,."Y\f"Lo....t ~vyrb Notary Public in and for Johnson County, Iowa June 20, 2007 I ~ 1 -~= -~ ~~I~!:tt ~~~aa.~ -..:.... CITY OF IOWA CITY Mr. Andrew B. Chappell Assistant County Attorney Johnson County Courthouse PO Box 2450 Iowa City, IA 52244-2450 City Attorney's Office 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www.icgov.org HAND DELIVERED Re: Tyler Rogers CZA Dear Andy: Here is the original above referenced Conditional Zoning Agreement which was approved by Iowa City Council last night and has been signed by the Mayor and City Clerk, along with a copy of the Resolution passed by Council for your information. It is my understanding that you will obtain the applicant's signature and present said CZA to the Board of Supervisors at their June 21, 2007 meeting tomorrow night. Once this agreement is approved by all parties, fully executed and recorded, I would appreciate a copy or at least let me know the book and page. I can easily obtain a copy from the Recorder's web site. If you have any questions or require further information, please contact me at 356-5030 or by email at: annie-pedersen@iowa-citV.orQ. Thank you for your assistance. Sincerely, ~ Annie Pedersen Administrative Secretary City Attorney's Office Enclosure Cc: Sara Greenwood Marian Karr rnr Prepared by: Sara F. Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-178 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONDITIONAL ZONING AGREEMENT WITH TYLER ROGERS, THE OWNER OF PROPERTY LOCATED IN JOHNSON COUNTY, IOWA WHEREAS, Tyler Rogers, owner of approximately three acres on Kansas Road in Johnson County, Iowa, has applied to Johnson County for a residential rezoning and subdivision of the property; and WHEREAS, the City of Iowa City owns nearby property which is intended for use as an expansion of the landfill; and WHEREAS, development of the property will require the installation of a well, and, under IDNR regulations, all landfill operations must be located beyond 1000' of any well, the City and the property owner agree that, upon the City's application for use of the abutting property as landfill, the well will be closed and the City will provide an alternative source of potable water; and WHEREAS, the City only acts in an advisory capacity on rezonings in this fringe area, the City is a party to this Conditional Zoning Agreement for enforcement and tracking purposes. WHEREAS, adoption of this agreement is in the best interests of the citizens of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Conditional Zoning Agreement, attached hereto and made a part hereof, is approved as to both form and content. 2. The Mayor and the City Clerk are hereby authorized to execute and attest said Conditional Zoning Agreement. Passed and approved this 19th day of June ,2007. ~( ,Jjj~ MAYOR - - ATTEST: ~~~~ ~ elT "LERK ~pz;y':t~~ City Attorney's Office ~//5/c; 7 Resolution No. Page 2 07-178 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Champion ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Andrew B. Chappell, Johnson County Attorney's Office, 417 S. Clinton St., Iowa City, IA 52240 (319) 339-6100 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between Johnson County, Iowa, (hereinafter the County), Tyler Rogers, (hereinafter Applicant), and the City of Iowa City, Iowa, (hereinafter the City); and WHEREAS, Applicant is the legal title holder of approximately 3 acres of property, legally described below; and WHEREAS, Applicant has requested the rezoning of said property from A-Agricultural to R-Residential; and WHEREAS, the Fringe Area Policy Agreement entered into by the County and the City allows the City to comment on rezoning applications within the fringe area and the City has done so with respect to Applicant's rezoning request; and WHEREAS, said property is in close proximity to property owned by the City and currently used by the City for a public landfill and in close proximity to property that is the City's planned location for a future expansion of the public landfill; and WHEREAS, the City's public landfill is beneficial to the health, safety, and welfare of all residents of Johnson County, Iowa; and WHEREAS, the County and City have determined that it is reasonable and prudent to take steps to insure the proposed rezoning does not create conditions which, in the future, might serve to restrict the necessary future expansion of or the continued and efficient use of the City's public landfill; and WHEREAS, Iowa Code ~ 335.7 (2007) provides that the County may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Applicant acknowledges that certain conditions and restrictions are reasonable to ensure the necessary future expansion of or the continued and efficient use of the City's public landfill; and WHEREAS, Applicant agrees to use this property in accordance with the terms and conditions of this conditional zoning agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1 1. Applicant is the legal title holder and the applicant for a rezoning of the property legally described as follows: A part of Auditor Parcel 2003061 of the Northeast 1/4 ofthe Northeast 1/4 of Section 15, Township 79 North, Range 7 West of the 5th P.M., Johnson County, Iowa and is more particularly described as follows: Commencing at the Northeast corner of Section 15, Township 79 North, Range 7 West, thence S 00006' 52" E along the East line of the Northeast 1/4 of said Section 15, a distance of 1111.31 feet, thence S 89048'33" W, a distance of 33.00 feet to a point on the West 33 foot right of way line for Kansas Avenue SW and the point of beginning, thence S 00006'52" E along said West right of way line, a distance of208.71 feet to a point on the South line of the Northeast 1/4 of the Northeast 1/4 of said Section 15 also being the South line of Auditor Parcel 2003061, thence S 89048'33" W along said South line, a distance of 626.13 feet, thence N 00006'52" W, a distance of 208.71 feet, thence N 89048'33" E, a distance of 626.13 feet to the point of beginning, containing 3.00 acres and being subject to all easements and restrictions of record. 2. Applicant acknowledges that the County wishes to ensure appropriate residential development that conforms to the principles of the County's Land Use Plan and that Iowa Code ~ 335.7 (2007) provides that the County may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change, including provisions to ensure Applicant's proposed rezoning does not create conditions which, in the future, might serve to restrict the necessary future expansion of or the continued and efficient use of the City's public landfill. Therefore Applicant agrees to certain conditions over and above County's regulations as detailed below. 3. In consideration of the County's rezoning the subject property, Applicant agrees that, in the event any City-owned property near the rezoned subject property is the subject of a permit request for use as a landfill and a condition of the permit is the closure of the well on Applicant's rezoned property, the then owner(s) of the rezoned property shall agree to the closure of all wells on the rezoned property upon the City providing said property with an alternative potable water source. The said closure shall be performed in accordance with state and county requirements and the cost shall be borne by the City. If the alternative water source is provided via a well, the then property owner(s) shall be responsible for the cost of maintenance of said well and piping after the same is installed. Ifthe alternative water source is provided via City water main, the then property owner(s) shall be responsible for maintenance of any service lines on the rezoned property, after the same is installed, and for payment of water usage fees at a rate not to exceed those set by the City for its residents. 4. In consideration of the County and Applicant agreeing to the provlSlons of this Conditional Zoning Agreement, the City hereby acknowledges and agrees that upon demanding, and prior to, the closure of any wells on the rezoned property, the City will provide said property with an alternative potable water source at the City's sole expense. Specifically, if the alternative water source is via well, the City will install said well and 2 all necessary piping to provide the water source to the existing piping system within the subdivision. If the alternative water source is via City water main, the City shall extend said water main and any necessary service lines to the individual lots. 5. The Applicant, County and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code S 335.7 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Applicant, County and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement and the same shall be deemed to be a covenant running with the land and with title to the land and shall remain in full force and effect as a covenant with title to the land, unless and until released of record by the County and the City. 7. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve himfrnm the responsibility of complying with all other applicable local, state, and federal regulations. ~ /~...-->/ Pat Harney, Chairperson / Johnson County Board of Supervisors 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Of~~ Dated this ,1 day of ~ ' 2007. JOHNSON COUNTY, IOWA (/ CITY OF IOWA CITY, IOWA ~LJ~ Ross Wilburn, Mayor ,Attest:. . ~ /~ \ j)~ ." -~ . Tom Slockett - Johnson County Auditor/Designee Attest: ~~~~ k. I<!avJ MarIall K. Karr City of Iowa City City Clerk Jara-:/~J/ City Attorney's Office {'j; ?3/cl7 3 TYLER ROGERS, APPLICANT TYLER ROGERS ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this 22 ""~ay of ~vtl~ ,2007, before me, the oodersigned, a Notary Public in and for the State of Iowa, personally appeared Tyler Rogers to me personally known, who, being by me duly sworn, did say that he is the Applicant in the .above-referenced rezoning matter executing the within and foregoing instrument, that said instrument was signed on his behalf; and that he acknowledged the execution of said instrument to be his volootary act and deed, by him v tarily executed. Notary Public III and for said Coooty and State My commission expires: "Z..-z,....-z.. - "Z-Q\>"i' JOHNSON COUNTY, IOWA ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this 51# day of J v l-t ' 2007, before me, the oodersigned a Notl}fY Public in and for the State of 10 a, personally appeared Pat Harney and / Ill:" \Y I" to;(1':.;j- to me personally known, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and. Auditor/Designee of the County executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of the seal affixed hereto is the seal of said County; and that the said Chairperson of the Board of Supervisors and Auditor/Designee acknowledged the execution of said instrument to be the volootary act and deed of said County, by it and by them voluntarily executed. ~ Notary Pu lie in and for the State of Iowa My commission expires: 4 CITY OF lOW A CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this ,q+/' day of ~<A!\.\~ , 2007, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. s:~, ~&c-b Notary Public in and for the State of Iowa My commission expires: 3./7/ ~DEJ'J ~ SONDRAEFORT o ~ Commission Number 159791 . . My CommissiQn ExpIres w 3 ? ~oor.: 5 ~J ~~~1J Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 07-179 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the City. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 16th day of July, 2007. At that time, the bids will be opened and announced by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 24th day of July, 2007, or at a special meeting called for that purpose. Passed and approved this 19th day of June ,20 07 ~U~"^^- _ MAYOR ATTEST: ~) oj! ~ CI ERK Approved by ~~~#Z/?~ City Attorney's Office ~ /10/17 '7 Resolution No. Page 2 07-179 It was moved by 0' Donne 11 and seconded by adopted, and upon roll call there were: AYES: NAYS: x X X X X X X ABSENT: Bailey the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn \ /1 , (,.ttnv ~) Cf:J Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-180 RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF WHETHER TO ADOPT THE PROPOSED PUBLIC MEASURE MODIFYING ARTICLE 4, CHAPTER 5, SECTION 8 OF THE CITY CODE OF IOWA CITY - ENTITLED "PERSONS UNDER 19 YEARS OF AGE IN LICENSED OR PERMITTED ESTABLISHMENTS" - TO REPLACE "NINETEEN (19)" WHEREVER AND HOWEVER IT APPEARS WITHIN SUCH SECTION 8 WITH "THE LEGAL AGE" BEFORE THE QUALIFIED ELECTORS OF THE CITY OF IOWA CITY, IOWA AT THE NEXT REGULAR CITY ELECTION ON NOVEMBER 6, 2007 WHEREAS, an initiative petition pursuant to Article VII of the Home Rule Charter of Iowa City proposing to modify Article 4, Chapter 5, Section 8 of the City Code of Iowa City - entitled, "Persons Under 19 Years of Age in Licensed or Permitted Establishments" - to replace "nineteen (19)" wherever and however it appears within such Section 8 with "the legal age" was presented to the City Clerk on February 7,2007, and was certified sufficient on May 30,2007; and WHEREAS, in the absence of Council adoption of the proposed measure, Article VII of the City's Charter requires that the proposed measure be submitted to the voters of the City; and WHEREAS, the City Council has declined to adopt the proposed measure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Johnson County Auditor is hereby authorized and directed to place the following question before the qualified electors of the City of Iowa City, Iowa at the next regular city election on November 6, 2007: Shall the following public measure be adopted? Yes No Whereas, it is in the public interest to provide, unless otherwise exempted by law or ordinance, that a person shall have attained legal age (currently 21 years of age or more) to lawfully be on the premises between the hours of 10:00 p.m. to closing of any Iowa City establishment holding a liquor control license, a wine or beer permit, that authorizes on premises consumption. ' Now, therefore, be it resolved, that Article 4, Chapter 5, Section 8 of the City Code of Iowa City - entitled Persons Under 19 Years of Age in Licensed or Permitted Establishments- shall be modified to replace "nineteen (19) years of age" wherever and however it appears within such Section 8 with "the legal age". ,20.llL-. w~uJLl MAYOR pr .ed?~ 13 /(J 7 City Attorney's Office Passed and approved this 19th day of June ATTEST: ~ ,(/. ~ CITYLERK Eleanor/resllegalage-measure.doc Resolution No. Page 2 07-180 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Champion ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by: Sylvia Mejia, Personnel Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 07-181 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING ONE MAINTENANCE WORKER I - TRANSIT BLDG/MAINT POSITION AND CREATING ONE MAINTENANCE WORKER 11- TRANSIT BLDG/MAINT POSITION WHEREAS, Resolution No. 07-71, adopted by the City Council on March 5,2007, authorized permanent positions in the Parking and Transit Department for FY08; and WHEREAS, Resolution No. 07-163 adopted by the City Council on May 14, 2007, established a classification/compensation plan for AFSCME employees; and WHEREAS, a review of the activities and tasks in the Transit Division indicates that the increased level of responsibility and technical skills required to maintain the transit facilities and equipment requires a more skilled worker; and WHEREAS, a current vacancy in the Division offers the opportunity to make this change. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Transit Division be amended by: a. The deletion of one Maintenance Worker 1- Transit Bldg/Maint position. b. The addition of one Maintenance Worker II - Transit Bldg/Maint position. 2. The AFSCME pay plan be amended by: a. The deletion of the position of Maintenance Worker I - Transit Bldg/Maint, AFSCME grade 2. b. The addition of the position of Maintenance Worker II - Transit Bldg/Maint, AFSCME grade 4. Passed and approved this 19th dayof ~ ( MAYOR A~y ~ (O;:'F(,1 City Attorney's Office ,20 07 . ) :Ql, ATTEST: !,~~~ i{. K~ C T LERK Humanrel\res\transit-06-07.doc Resolution No. Page 2 07-181 It was moved by Bailey and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: ~ailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X X X X X M~J 1 061~-o7 Prepared by: Sylvia Mejia, Personnel Administrator. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 07-181 RESOL ION AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISIO OF THE P RKING AND TRANSIT DEPARTMENT AND THE AFSCME PAY PLAN Y DELETING NE MAINTENANCE WORKER 1- TRANSIT BLDGIMAlNT POSIT NAND CREATIN ONE MAINTENANCE WORKER 11- TRANSIT BLDG/MAlNT P SITION WHEREAS, Resol tion No. 07-71, adopted by the City Council on March 5, 2 7, authorized permanent position in the Parking and Transit Department for FY08; and WHEREAS, Resolutio No. 07-163 adopted by the City Council on Ma 14,2007, established a c1assification/compensa ion plan for AFSCME employees; and WHEREAS, a review of th activities and tasks in the Transit Di . ion indicates that the increased level of responsi 'lity and technical skills required to aintain the transit facilities and equipment requires a more Hied worker; and WHEREAS, a current vacancy the Division offers the pportunity to make this change. NOW THEREFORE BE IT RESO VED BY THE CI COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: a. The deletion of th position of Mai enance Worker I - Transit Bldg/Maint, AFSCME grade . b. The addition 0 he position of Mainten nce Worker \I - Transit BldglMaint, AFSCME gr e 4. 1. The budgeted positions in the astew er Division be amended by: a. The deletion of one Maint nce Worker 1- Transit Bldg/Maint position. b, The addition of one Maint n nee Worker II - Transit Bldg/Maint position. 2. The AFSCME pay plan be a 19th Hum rel\res\transit-06-D7.doc MlJ ~ Prepared by: Stephen Long, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. 07-182 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CLERK TO ATTEST TO AN AGREEMENT TO LEND BERRY COURT LIMITED PARTNERSHIP $320,000 TO PRESERVE 14 UNITS OF AFFORDABLE HOUSING. WHEREAS, in Resolution No. 06-350 the City Council supported the development of affordable housing by committing a $320,000 loan to The Housing Fellowship funded by the issuance of bonds to The Housing Fellowship to fulfill the threshold requirements of the Low-Income Housing Tax Credit application; and WHEREAS, in Resolution No. 07-128 the City Council authorized the issuance of General Obligation Bonds to provide a loan to The Housing Fellowship; and WHEREAS, The Housing Fellowship applied for Low-Income Housing Tax Credits through the Iowa Finance Authority to preserve 14 units of affordable rental housing; and WHEREAS, the Iowa Finance Authority administers the Low-Income Tax Credit program; and WHEREAS, Berry Court Limited Partnership was formed by The Housing Fellowship, General Partner, because Preservation Low-Income Housing Tax Credits must be awarded to a for-profit entity; and WHEREAS, Berry Court Limited Partnership was awarded Low-Income Housing Tax Credits (The Housing Fellowship as General Partner); and WHEREAS, the Project will provide long-term affordable rental housing in Iowa City; and WHEREAS, the City and Berry Court Limited Partnership desire to enter into an agreement for partial financing of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute the Agreement, a copy of which is attached, and incorporated herein. Passed and approved this 19th day of June , 20--D..L-. ~LJ~ - MAYOR ATTEST: ~~..4< ~ CIT LERK Approved by C.':-~ ~ (,."-id,01 City Attorney's Office ppdcdbg/reslberrycourt.doc Resolution No. Page 2 07-182 It was moved by Bailey and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn AGREEMENT This Agreement, entered into this 18th day of June 2007, by and between the City of Iowa City, a municipal corporation (hereinafter "City") and Berry Court Limited Partnership (hereinafter "Berry Court") in Iowa City, Iowa. WHEREAS, Berry Court intends to acquire, rehabilitate and preserve fourteen (14) affordable housing units ("Project"); WHEREAS, the Project will provide long-term (minimum of 30-years) affordable rental housing in Iowa City; WHEREAS, in Resolution No. 06-350 the City Council supported the development of affordable housing by committing a $320,000 loan to The Housing Fellowship funded by the issuance of bonds to The Housing Fellowship to fulfill the threshold requirements of the Low-Income Housing Tax Credit application; WHEREAS, in Resolution No. 07-128 the City Council authorized the issuance of General Obligation Bonds to provide a loan to The Housing Fellowship; WHEREAS, The Housing Fellowship applied for Low-Income Housing Tax Credits through the Iowa Finance Authority to preserve 14 units of affordable rental housing; WHEREAS, the Iowa Finance Authority administers the Low-Income Tax Credit program; WHEREAS, Berry Court Limited Partnership was formed by The Housing Fellowship, General Partner, because Preservation Low-Income Housing Tax Credits must be awarded to a for-profit entity; WHEREAS, Berry Court Limited Partnership was awarded Low-Income Housing Tax Credits (The Housing Fellowship as General Partner); and WHEREAS, Berry Court is financing the project with a combination of Low-Income Housing Tax Credits, private financing and City General Obligation Bond funds. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Purpose. These funds will be used for the acquisition, rehabilitation and preservation of 14 affordable housing units (collectively, "the Property"), legally described in Exhibit A, which is attached and incorporated herein. 2. Loan to Berry Court. a. Loan Amount. After July 1, 2007, the City shall loan Berry Court $320,000 to be financed by General Obligation debt ("loan"). b. Interest Rate. Interest on the loan shall be at 5.28% annually. c. Repavment. The loan of $320,000 to Berry Court shall be amortized over twenty (20) years. Berry Court shall make equal monthly payments on said loan in the amount of $2,161.67 beginning on the 15th day of January 2008 and continuing on the 15th day of each month thereafter for the following 239 months. d. Promissory Note. Berry Court will execute a Promissory Note consistent with the provisions of this paragraph. e. Mortoaoe. The loan to Berry Court of $320,000 shall be secured by a mortgage on the Property. Prior to execution and recording of the mortgage, Berry Court shall provide evidence satisfactory to the City that Berry Court has clear title to the Property, subject only to a mortgage of $200,000 with a private lender yet to be determined. 3. Affordabilitv Period. Berry Court shall provide affordable rental housing in the units listed in Exhibit A for a minimum period of thirty (30) years from July 1, 2007 to June 30, 2037. The rents shall be set at or below the HUD Fair Market Rent (FMR) for Iowa City, Iowa. Upon rent up, Berry Court shall give preference to households under 60% median family income until June 30, 2037. 4. Termination a. Termination of Aoreement for Cause. If Berry Court fails to fulfill its obligations under this Agreement in a timely and proper manner, or if Berry Court violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to Berry Court of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated thirty (30) days after the giving of such notice unless such default or defaults are remedied within such cure period. b. Termination of Aoreement for Convenience. This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in which case the City and Berry Court shall agree upon the termination conditions, including the effective date and the disposition of loan. 5. Non-Discrimination. Berry Court, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment' shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodations" shall 2 include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 6. Assiqnments. Berry Court may not sell, transfer, or assign this Agreement (either directly or indirectly) or any legal or beneficial interest therein, without the prior written consent of the City, which consent may be withheld at the City's sole discretion. Any assignment made by Berry Court without City's consent in violation of this shall be voidable at the City's option and shall constitute an Event of Default under Paragraph 15 of the mortgage to be executed as provided in Paragraph 2e above and shall constitute a basis for the City to terminate this Agreement for cause as provided in Paragraph 3a above. 7. Notices. Notices, statements and other communications to be given under the terms of the Agreement shall be in writing and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to the City: City Manager City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 If to Berry Court: The Housing Fellowship, General Partner Berry Court Limited Partnership 322 E. Second Street Iowa City, Iowa 52240 Or at such other address as from time to time designated by the party receiving the notice. All such notices shall be deemed to have been fully given, made or sent when made by personal service or deposited in the United States Mail, Registered or Certified, postage prepaid. 8. Applicable Law. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Agreement. 9. Partial Invalidity. If any provision of the Agreement shall be invalid or unenforceable it shall not affect the validity or enforceability of any other provisions of the Agreement. 10. Headinq. Headings as so the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Agreement or as a limitation on the scope of the particular section to which they refer. 11. Bindinq Effect. The covenants, conditions and agreements contained in the Agreement shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 12. Time is of the Essence. Time is of the essence in this Agreement. 3 13. Entire Aoreement: Meroer. The Agreement contains all the agreements and conditions made between the parties hereto with respect to the matters contained herein and may not be modified orally or in any other manner than by an Agreement in writing signed by all the parties hereto or their respective successors. All prior written and oral understandings and agreements shall be deemed to have merged into the Agreement and have no further force and effect. 14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. CITY OF IOWA CITY, IOWA BERRY COURT LIMITED PARTNERSHIP By: ~U~ Ross Wilburn, Mayor . By: CfL~ The Housing Fellowship, General Partner Charles Eastham - President ATTEST: ~~),1-'. ~-r.J STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ILl +h day of LAir:: , A.D. 2007, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Sa-YYL~ F7dJ Notary Public in and for the State of Iowa '6 /~/ <A 009 My covh . ission 'expires: 4 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on June 18 , 2007 by Charles Eastham as President of the general partner, The Housing Fellowship, of Berry Court Limited Partnership. My Commission expires: Approved: ~~ b-(t-01 City Attorney's Office 5 EXHIBIT A LEGAL DESCRIPTIONS OF PROJECT SITES 8,16,24,32,35,27,19,11 Coneflower Court Lots 56, 57, 58, 59, 66, 67, 68, and 69 Whispering Meadows Subdivision Part One, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa, subject to easement and restrictions of record. 424 Douglass Court Lot Thirty-Three (33), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof. 441 Douglass Court Lot Thirty Five (35), in Wise Addition to Iowa City, Iowa, according to the recorded plat thereof. 913-9131/2 N. Governor Lot 7, except the North Five (5) feet, in Bacon's Subdivision of South end of Block 1, Dewey's Additon to Iowa City, Iowa, according to the plat of said subdivision recorded in Book 1, Page 5, Plat Records of Johnson County, Iowa. This property is also described as: Commencing at 5/8-inch iron pin found at the Northeast Corner of Survey, of a part of Lot 49 of the Subdivision of the Southeast Quarter of Section 3, Township 79 North, Range 6 West of the 5th Principal Meridian, the Plat of which is Recorded in Plat Book 4, at Page 49, of the Records of the Johnson County Recorder's Office, and for the purpose of this Legal Description, the south Line of Lot 51 of said Subdivision of the Southeast Quarter of Section 3, township 79 North, Range 6 West, of the 5th Principal Meridian, as Recorded in Plat Book 1, at Page 1 of the Records of the Johnson County Recorder's Offfice, is assumed to bear N 90 degrees 00' OO'W Thence N 90 degrees 00' 00" W, along the Line of the Existing fence in the accordance with the said Plat of Survey, 4.07 feet, to a point on the Westerly Line of Lot 7, of Bacon's Subdivison of Block 1 of D.A. Dewey's Addition to the Iowa City, Iowa, in accordance with the Original Plat thereof and the Plat of Survey by Daniel R. Martin, L.S 10314, Recorded in Plat Book 26, at Page 42 of the Records of Johnson County Recorder's Office, and the Point of Beginning; Thence N 00 degrees 09' 28" E, along the Westerly Line therefor 70.52, to a 5/8 inch iron pin with L.S 10314 Cap found; Thence N 88 degrees 27' 12" E, 130.06 feet, to a 5/8 inch iron pin with L.S 10314 Cap found on the Easterly Line of Lot 7 of Dewey's Addition to Iowa City, Iowa, in accordance with said Survey: Thence S 28 degrees 23" 06"E, along the Easterly Line of said Lot 7, 88.18 feet, to a 5/8 inch iron pin with L.S 10314 cap found at the Southeast Corner thereof: Thence S89 degrees 41' 23' W, along the South Line of said Lot 7, 172.15 feet, to the Southwest Corner thereof: Thence N 00 degrees 09' 38" E, along the Westerly Line thereof, 4.48 feet, to the Point of Beginning. Said tract of Land Contains 11,572 square feet, more or less and is subject to easements and restrictions of Record and which described Parcel contains the following previously Platted Auditors Parcels: Auditors Parcels "E", and "F" as recorded in Plat Book 32 at Page 210, of the Records of the Johnson County Recorder's Office. 2160-2162 Taylor Drive Lot 294 in Part Five, Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 18, Plat Records of Johson County, Iowa. S:/dev/comdevlthehousingfellowship/BerryCourtAgreement June 07(2), doc 6 c \ ,,) AGREEMENT This Agreement, entered i to this day of 2007, by and between the City of Iowa Ci ,a municipal corporation (her. inafter "City") and Berry Court Limited Partnership (h reinafter "Berry Court") in 10 a City, Iowa. WHEREAS, Berry Court intends 0 acquire, rehabilita and preserve fourteen (14) affordable housing units ("Project ; WHEREAS, the Project will provide ng-term (mi mum of 3D-years) affordable rental housing in Iowa City; WHEREAS, in Resolution No. 06-350 t e City ouncil supported the development of affordable housing by committing a $32 000 oan to The Housing Fellowship funded by the issuance of bonds to The Housing Fe ship to fulfill the threshold requirements of the Low-Income Housing Tax Credit applic tion; WHEREAS, in Resolution No. 07-128 t Cit Council authorized the issuance of General Obligation Bonds to provide a oan to he Housing Fellowship; / ; WHEREAS, The Housing Fellowship applied for ow-Income Housing Tax Credits through the Iowa Finance Authority to preserve 1 units of affordable rental housing; WHEREAS, the Iowa Finance Authority administers he Low-Income Tax Credit program; , WHEREAS, Berry Court Limited Partnership was forme by The Housing Fellowship, General Partner, because preservation Low-Income Ho ing Tax Credits must be awarded to a for-profit entity; WHEREAS, Berry Court Limited Partnership was awarded D w-Income Housing Tax Credits (The Housing Fellowship as General Partner); and WHEREAS, Berry Court is financing the project with a combina .on of Low-Income Housing Tax Credits, private financing and City General Obligati n Bond funds. THE PARTIES THEREFORE AGREE AS FOllOWS: 1. Prose. These funds will be used for the acquisition, rehabilitation and preservation of 14 afforda housing units (collectively, "the Property"), legally described in Exhibit A, which is attached an . corporated herein. b. Interest on the loan shall be at 5.28% ann 2. a. loan 1\ ount. After July 1, 2007, the City shall loan Berry C urt $320,000 to be financed by General 0 igation debt ("loan"). c. Repavment. e loan of $320,000 to Berry Court shal e amortized over twenty (20) years. Berry Court shall ake equal monthly payments on sai oan in the amount of $2,161.67 beginning on the 15 day of January 2008 and continuO g on the 15th day of each month thereafter for the followin 239 months. d. Promissory Note. provisions of this paragraph. omissory Note consistent with the e. Mortoaoe. The loan to erry Court of $3 ,000 shall be secured by a mortgage on the Property. Prior to execution an recording of t mortgage, Berry Court shall provide evidence satisfactory to the City that Be Court ha clear title to the Property, subject only to the City's mortgage for CDBG and HOM funds a the deed restrictions as the result of the State of Iowa's grant of HOME funds. 3. Affordabilitv Period. Berry Co shall provide affordable rental housing in the units listed in Exhibit A for a minimum period thirty (30) years from July 1, 2007 to June 30, 2037. The rents shall be set at or below th U Fair Market Rent (FMR) for Iowa City, Iowa. Upon rent up, Berry Court shall give pref ence t households under 60% median family income until June 30,2037. 4. Termination a. Berry Court fails to fulfill its obligations under this Agreement in a ti ely and proper manner, r if Berry Court violates any of the terms, agreements or stipulation f this Agreement, the City hall thereupon have the right to terminate this Agreeme by giving written notice to Ber Court of such termination, specifying the default or default and stating that this Agreement s all be terminated thirty (30) days after the giving of such ice unless such default or defaults a e remedied within such cure period. b. ermination of A reement for Convenience. ~his Agreement may be terminated in whole or i part upon the mutual agreement of the parties hereto, in which case the City and Berry Co shall agree upon the termination conditions, incl ding the effective date and the disposition of loan. 5. Non-Discrimination. Berry Court, its employees, an agents shall not discriminate against any person in employment or public accommodation b cause of race, religion, color, creed, gender identity, sex, national origin, sexual orientation ental or physical disability, marital status or age. "Employment' shall include but not be limited to hiring, accepting, 2 registering, classifying, promoting, or referring to employment. "Public accommodations" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 6. Assiqnments. Berry Court may not sell, transfer, or assign this Agreement (either directly or indirectly) or any legal or beneficial interest therein, without the prior written consent of the City, which consent may be withheld at the City's sole discretion. Any assignment made by Berry Court without City's consent in violation of this shall be voidable at the City's option and shall constitute an Event of Default under Paragraph 15 of the mortgage to be execut as provided in Paragraph 2e ab ve and shall constitute a basis for the City to terminat his Agreement for cause as proved in Paragraph 3a above. 7. Notices. Notices, st tements and other communications to be give under the terms of the Agreement shall be in writ g and sent by certified or registered mail, by commercial courier, return receipt requested, nd addressed as follows: If to the City: City Manager City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 If to Berry Court: The Housing Fellowship, General Partne Berry Court Limited Partnership 322 E. Second Street Iowa City, Iowa 52240 Or at such other address as from time 0 time esignated by the party receiving the notice. All such notices shall be deemed to ave been lIy given, made or sent when made by personal service or deposited in the Unite States Mail, egistered or Certified, postage prepaid. 8. Applicable Law. The laws and enforcement of this Agreement. II govern the validity, performance 9. Partiallnvaliditv. If an provision of the Agreement s all be invalid or unenforceable it shall not affect the validity or en rceability of any other provision of the Agreement. as so the contents of particular sectl ns herein are inserted only for convenience, and are i 0 way to be construed as a part of the greement or as a limitation on the scope of the partic ar section to which they refer. 11. Bindin Eff t. The covenants, conditions and agreements c ntained in the Agreement shall bind apply to and inure to the benefit of the parties here and their respective successors. 12. Time is of the Essence. Time is of the essence in this Agreement. 3 13. Entire A reement. Mer er. The Agreement contains all the agreements and conditions de between the parties hereto with respect to the matters contained herein and may not be m ified orally or in any other manner than by an Agreement in writing signed by all the parties here or their respective successors. All prior written and oral understandings and agreements shall deemed to have merged into the Agreement and have no further force and effect. City Clerk BERRY COURT LI 14. Counterpart This Agreement may be executed in counterparts, ea of which shall be deemed to be an origl al and all of which shall, when taken together, cons tute but one and the same instrument. CITY OF IOWA CITY, IOWA By: Ross Wilburn, Mayor ~ The ousing Fellowship, General Partner Carles Eastham - President ATTEST: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , A.D. 200 , before me, the undersigned, a notary public in and for the ate of Iowa, personally appea d Ross Wilburn and Marian K. Karr, to me personally kn n, who being by me duly sworn, id say that they are the Mayor and City Clerk respectively, said municipal corporation executi the within and foregoing instrument; that the se affixed thereto is the seal of said mun cipal corporation; that said instrument was sign and sealed on behalf of said municipal rporation by authority of its City Council; and that t said Mayor and City Clerk as such officers cknowledged that the execution of sai nstrument to be the voluntary act and deed of aid corporation, by it and by them voluntaril executed. Notary Public in and for the State of Iowa My commission expires: 4 STATE OF IOWA ) ) ss: JOHNSON COUN Y ) This instrument was a nowledged before me on Eastham as President 0 the general partner, The Housin Partnership. Approved: ~~ ~-(~..of- City Attorney's Office 5 EXHIBIT A LEGAL DESCRIPTIONS OF PROJECT SITES 8,16,24,32,35,27,19,11 Coneflower Court Lots 56, 57, 58 59, 66, 67, 68, and 69 Whispering Meadows Subdivision Part One, an addition to the City of 10 City, Iowa, according to the plat thereof recorded in Book 31, Page 277, Plat Records of Johnso County, Iowa, subject to easement and restrictions of record. 424 Douglass Court Lot Thirty-Three (33), in ise Addition to Iowa City, Iowa, according to e recorded plat thereof. 441 Douglass Court Lot Thirty Five (35), in Wise ddition to Iowa City, Iowa, according to e recorded plat thereof. 913-9131/2 N. Governor Lot 7, except the North Five (5) et, in Bacon's Subdivision South end of Block 1, Dewey's Additon to Iowa City, Iowa, accordi to the plat of said subd. ision recorded in Book 1, Page 5, Plat Records of Johnson County, low. This property is also described as: mmencing at 5/8 nch iron pin found at the Northeast Corner of Survey, of a part of Lot 49 0 he Subdivision of the Southeast Quarter of Section 3, Township 79 North, Range 6 West of the h Principal eridian, the Plat of which is Recorded in Plat Book 4, at Page 49, of the Records 0 the John on County Recorder's Office, and for the purpose of this Legal Description, the south ine of ot 51 of said Subdivision of the Southeast Quarter of Section 3, township 79 North, R ng 6 West, of the 5th Principal Meridian, as Recorded in Plat Book 1, at Page 1 of the Reco s of the Johnson County Recorder's Offfice, is assumed to bear N 90 degrees 00' OO"W' The e 90 degrees 00' 00" W, along the Line of the Existing fence in the accordance with the aid at of Survey, 4.07 feet, to a point on the Westerly Line of Lot 7, of Bacon's Subdivi n of BI k 1 of D.A. Dewey's Addition to the Iowa City, Iowa, in accordance with the Origi al Plat ther of and the Plat of Survey by Daniel R. Martin, L.S 10314, Recorded in Plat B ok 26, at Pag 42 of the Records of Johnson County Recorder's Office, and the Point of eginning; Thenc N 00 degrees 09' 28" E, along the Westerly Line therefor 70.52, to a 78 inch iron pin with .S 10314 Cap found; Thence N 88 degrees 27' 12" E, 130.06 feet, to 5f8 inch iron pin with L. 10314 Cap found on the Easterly Line of Lot 7 of Dewey's Additio to Iowa City, Iowa, in accor ance with said Survey: Thence S 28 degrees 23" 06"E, along th Easterly Line of said Lot 7, 88. feet, to a 5/8 inch iron pin with L.S 10314 cap found at the outheast Corner thereof: Thence S89 degrees 41' 23' W, along the South Line of said L 7, 172.15 feet, to the Southwest mer thereof: Thence N 00 degrees 09' 38" E, alon the Westerly Line thereof, 4.48 feet, to t e Point of Beginning. Said tract of Land Contain 11,572 square feet, more or less and is bject to easements and restrictions of Recor and which described Parcel contains the fol wing previously Platted Auditors Parcels: Auditors Parcels" ", and "F" as recorded in Plat Book 32 at Page 210, of the Records of the Johnson County. ecorder's Office. 2160-2162 T lor Drive Lot 294 in P rt Five, Hollywood Manor Addition to Iowa City, Iowa, according t recorded i Book 13, Page 18, Plat Records of Johson County, Iowa. S :/dev/comdev/thehousingfellowship/BerryCourtAgreement June 07(2), doc 6 d 1 ~ ~~~''t CM' TEYMOoF R' AO WNADCu' TMY LiU ~~~aII.mt- --~-- ~ From: June 11, 2007 City Council Tracy Hightshoe, Associate Planner CDBG Economic Development Funding Recommendation Discerning Eye, Inc. Date: To: Re: The City Council Economic Development Committee reviewed Discerning Eye's economic development application at their May 29 meeting. Discerning Eye is a full service optical store that provides eyewear and lenses in a downtown retail store at 119 E. Washington Street. In addition to frames, the store also carries clothing accessories, purses and jewelry. The project includes the retention of one full time optician. The retained position is paid above the CEBA wage threshold and is available to an employee with a high school diploma. CDBG funds will be used for working capital. The committee recommended Discerning Eye's request for $35,000 in funds. The loan will be for 7 years at an interest rate of 3.2%. Interest payments will be due monthly, however 1/7 of the principal amount will be due each December, in order to align the principal payment schedule with their highest sales month. The committee recommended this project without security due to high owner commitment to the business, a strong recommendation from their commercial lender and the owner's history of paying the obligations entered. The resolution approving the CDBG funds and the financing terms for the business are on the June 19 Council agenda for your consideration. If you have questions regarding this project or need additional information please contact me at 356-5244. A copy of the submitted application is available in the May 29 City Council Economic Development Committee packet which can be found online at http://www . icgov .org/boardminutes.asp ?ID= 37. {~Jh -i/JI~1 ~. ----J :rt/0 Prepared by: Tracy Hightshoe, peD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5244 RESOLUTION NO. RESOLUTION APPROVING FUNDING FOR DISCERNING EYE, INC. FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006- 2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY06 and FY07 Annual Action Plans, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held a public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by Discerning Eye, Inc. be allocated $35,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of an unsecured, seven-year (7 year) amortized loan with an annual interest rate of 3.2%; and WHEREAS, the City Council finds that the public interest will be served by an allocation of CDBG funding for said project to retain employment opportunities for low-moderate income persons. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 2. The City Manager is authorized to execute an agreement with Discerning Eye, Inc. for activities in connection with this allocation of public funds in the form of an unsecured, seven-year (7 year) amortized loan with an annual interest rate of 3.2% and is further authorized to terminate or amend said agreement. Passed and approved this day of ,2007. MAYOR Approved by ~ (,,-((-ot City Attorney's Office ~ z FILED Michael A. Mauro Secretary of State State of Iowa 6/21/20072:54:12 PM 28E Agreement M500046 ... PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 Iowa City City Johnson Party 2 Johnson County County Johnson Party 3 Party 4 Party 5 "Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 130 (Enter only one Service Code and Description) Code Number EmerQency ManaQement Service Description Item 3. The purpose of this agreement is: (please be specific) To provide routine & emergency radio communications for citizens Item 4. The duration of this agreement is: (check one) IlIAgreement Expires 7/1/2012 [mm/dd/yyyy] Dlndefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) D NO III YES Filing # of the agreement: M020228 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www sos state ia us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Pedersen FIRST Name Annie Title Admininstrative Secretary Email annie-pedersen~iowa-city.orQ Department Admininstrative Secretary Phone 319-356-5030 Prepared by: Eric R. Goers, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5030 l3iJ RESOLUTION NO. 07-183 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA WHEREAS, Johnson County and the City both provide services requiring routine as well as emergency radio communications to City residents; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both parties and the public; and WHEREAS, it is mutually beneficial for the City and County to cooperate and to work closely together in the area of radio communications; and WHEREAS, Chapter 28E, Code of Iowa, (2007), permits state and local governments to make efficient use of their resources and powers in order to provide joint services through the use of a duly recorded agreement; and WHEREAS, the City and Johnson County, Iowa have a 28E Agreement for radio communications which, by its terms, expires on August 1, 2007, and the parties desire to renew said agreement on substantially the same terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor and the City Clerk are hereby authorized to execute the attached Agreement with Johnson County, Iowa, said Agreement being incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (2007). 3. The City Clerk is hereby directed to forward a copy of the returned, recorded resolution and agreement to Johnson County, Iowa. Passed and approved this 19th day of ATTEST: ~~ o/! i!~ Approved by: CITY LERK Resolution No. Page 2 07-183 It was moved by Vanderhoef and seconded by Bailey adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and Johnson County, Iowa, ("County"), both governmental entities, sometimes collectively referred to as "Parties." WHEREAS, Johnson County and the City both provide services requiring routine as well as emergency radio communications to City residents; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both Parties and the public; and WHEREAS, it is mutually beneficial for both the City and the County to cooperate, and to work closely with one another in the area of radio communications; and WHEREAS, it is in the best interest of both Parties to share communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and Johnson County; and WHEREAS, Chapter 28E, Code of Iowa (2007) permits state and local governmental entities to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. - 2- NOW, THEREFORE, in consideration of their mutual promises herein, Johnson County and the City of Iowa City agree as follows: 1. No Separate Legal Entity is created by this Agreement I Administrator Johnson County acknowledges the City purchased an eight hundred (800 MHz) radio trunking system ("System"), with sufficient capacity to allow the Johnson County Ambulance Service ("JCAS"), a department of Johnson County, Iowa, to participate in the use of the system. No separate legal entity is created by this Agreement. Each party will act as administrator of their own duties. The Iowa City Fire Chief is assigned to be the Agreement administrator. 2. Purpose: The purpose of this Agreement is the provision of radio communication services. To that end, the City and the County agree more specifically as follows: a) The City shall allow the JCAS to use a number of talk groups (a line of communications shared by a distinct group of radio units) as agreed to by both Parties for use by the JCAS. b) The County will purchase all equipment needed by the JCAS, and the JCAS agrees to maintain any and all equipment so purchased by the JCAS pursuant to this Agreement. c) The City agrees to maintain the 800 MHz trunking radio equipment system which is the subject of this Agreement, and to do so adequately and responsibly. Upon future capital investment, upgrade to or replacement of the City's radio system, a capital contribution will be required from all parties involved. Such capital contribution shall be addressed in a separate agreement between the parties. - 3- d) Parties agree that the JCAS's cost for use of the 800 MHz trunking radio equipment system will be determined in September of each fiscal year, for implementation, billing and payment during said fiscal year, and City agrees to submit a "user fee" billing to JCAS, to be paid within sixty (60) calendar days of the date of the billing. e) Manner of Financing: The County agrees to pay to City a user fee of $138 per radio unit per year, to be billed by City on or after September 1 of each year. Said billing shall be paid within sixty (60) calendar days of the date of said billing. JCAS also agrees to pay the proper amounts billed for any additional radio units added to the trunking system for JCAS during a fiscal year, which shall be paid on a monthly pro-rated basis, with payment also due within sixty (60) calendar days of billing on or after September 1 of each year. The annual user fee noted above may be increased, but not decreased, during the extended term (i.e. each year after fiscal 2007) by an amount not to exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and Mean Groups Figures for All Urban Consumers July 2007, over the figures for the month of July 2006. For each successive year of the automatic renewal term, the annual user fee may be increased by the percentage increase in the CPI from the previous fiscal year as outlined above. -4- f) Duration and Termination: Parties agree this Agreement shall be for a period of eleven (11) months from August 1,2007, and that this Agreement shall be automatically renewed for additional periods of one (1) year each, on the same terms and conditions outlined herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to August 1 of each successive year. However, this Agreement shall not extend beyond July 1, 2012, without review and re-execution of a new agreement, together with re-recording of said updated agreement. g) Parties agree this Agreement is not assignable. h) Notices under this agreement shall be sent by regular mail to the City Clerk of Iowa City and to the Johnson County Board of Supervisors at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each municipal corporation named herein. 3. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2007); and that this agreement, as such, be in force and effect only after execution by the City Council of the City of Iowa City and the Johnson County Board of' Supervisors, upon filing with the Secretary of State of the State of Iowa, and upon this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa. - 5 - ~11 Dated this / q day ofJ ~ tV f: ,2007. THE CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA By: G1-u jLBY: Ross Wilburn, Mayor Pat Harney, hair Johnson County Board of Attest: 71~~ /(/. ~A.AJ Marian K. Karr, City Clerk -I. S~ Attest: ~ ~ 7, D~ Jo nson County Auditor Approved by: ~ City Attorney's Office -6- CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Sf" '1fj/o'[ On this /'11-1 day of 'JuNf , 20ol., before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordin::mce.}- (Resolution) No. 07- I <l. ~ passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the J9 +-~ day of ~/'l ~ , 2007, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. i~ SONDRAEFORT ~ 1. Commission Number 159791 . . My Commission Expires ~w ' D '~~\P-L h:'"v"6 Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 7'Jh day of 5Vl'Li ,2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Pat Harney, to me personally known, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and Johnson County Auditor Tom Slockett, respectively, of Johnson County, Iowa; that the seal affixed hereto is the seal of said county; that this instrument was signed and sealed on behalf of said county by authority of its Board of Supervisors; and that the said Pat Harney and Tom Slockett, as such officers acknowledged the execution of said instrument to be the voluntary act and deed of Johnson County by it and by them voluntarily executed. f!lJ~ Notary Public in and for the State of Iowa EricIFinance/Purchasingl 28E and RES (Johnson County) t~\ AICHARD CLAIB ~";= ,. Notarial Seal. ' - , , , " Commission No. 7 My O~mfSlton expires Jun',:009 ,. .r.' \A.t. - ....~~ i-'\ ,RICHARD CL rIS,JRNE II Notarial 8' '" .! WA Commiss1 ;,1,., 70::l500 J~.t Commission E:., ..v';; June OS, 2009 " .' .,.. -2- ~f1 CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND JOHNSON COUNTY, IOWA I This Agreement is made and entered into by and between the City,,of Iowa City, Iowa, a municipal I / corporation ("City and Johnson County, Iowa, ("County"), ~/governmental entities, sometimes collectively r erred to as "Parties." \ WHEREAS, Johnson County an'<t the City both ovide services requiring routine as well as \ emergency radio communications ~City re . ents; and \\ \ WHEREAS, it is mutually beneficial to o'fu parties to have access to public safety facilities, as well as to routine communications cilities hich serve both Parties and the public; and WHEREAS, it is mutually be ficial for both the ity and the County to cooperate, and to work closely with one another infe area of radio com / / WHEREAS, it is in the /Jest interest of both Parties share communications systems whenever ; 1 possible, for the mut~al benefit of the citizens of the ity of Iowa City, and Johnson County; and ! I i / / WHEREAS, chater 28E, Code of Iowa (2007) permits state and local governmental entities to make efficient ute of their resources and powers, in order to provide joint services by way of a ! duly recorjgreement. - 3- NOW, THEREFORE, in consideration of their mutual promises herein, Johnson County and the City of Iowa City agree as follows: 1. No Separate Legal Entity is created by this Agreement I Administrator Johnson County acknowledges the City purchased an eight hundred (800 MHz) radio trunking system ("System"), with suffieient capacity to allow the Johnson Coun~y Ambulance Service ;' ("JCAS"), a departmen of Johnson County, Iowa, to participate in fe use of the system. No separate legal entity is c ated by this Agreement. Each party w' act as administrator of their \, own duties. The Iowa City ire Chief is assigned to be the A \ \" '\ I 2. Purpose: The pu~)g\?se of this Agreemo/"t is the provision of radio communication ". / services. To that end, the City and tl1'E;l County agree/more specifically as follows: \. / '. I '. / \ / \ ! The City shall allow ~e ,leAS to use a number of talk groups (a line of \ ! \/ communications sha~e~ by a distinct group of radio units) as agreed to by , \ / \ both Parties for us~ by the JCAS. \ \ The County wili purchase al~uiPment needed by the JCAS, and the JCAS agrel1s to maintain any a d all equipment so purchased by the JCAS a) b) pursuant to this Agreement. c) The qity agrees to maintain the 800 Hz trunking radio equipment system which is the subject of this Agreement, nd to do so adequately and responsibly. Upon future capital investm t, upgrade to or replacement of / the City's radio system, a capital contributio will be required from all \ parties involved. Such capital contribution sh~1I be addressed in a separate agreement between the parties. -4- d) Parties agree that the JCAS's cost for use of the 800 MHz trunking radio equipment system will be determined in September of each fiscal year, for implementation, billing and payment during said fiscal year, and City , agrees to submit a "user fee" billing to JCAS, to be paid within sixty (60) ., I calend days of the date of the billing. i e) Manner of inancing: The County agre to pay to City a user fee of $138 per radio nit per year, to be bill a by City on or after September 1 of each year. Said i1ling shall be pa. within sixty (60) calendar days of the date of said billing. CAS also grees to pay the proper amounts billed for any additional radio u its a ed to the trunking system for JCAS during a \ \ \ fiscal year, which shall I:) paid on a monthly pro-rated basis, with payment also due within sixty ( ) ~endar days of billing on or after September 1 of each year I \ I \ / \ The annual us~r fee noted abo\e may be increased, but not decreased, I \ / during the e;ftended term (Le. ea h year after fiscal 2007) by an amount / not to excped the percentage incr se in the United States Bureau of / Labor S,tatistics Consumer Price Ind x for All Items and Mean Groups J ,- FigurEts for All Urban Consumers July 007, over the figures for the month l of Jiily 2006. For each successive year f the automatic renewal term, the , a~nual user fee may be increased by the p rcentage increase in the CPI .I / ;from the previous fiscal year as outlined above. / - 5- f) Duration and Termination: Parties agree this Agreement shall be for a period of eleven (11) months from August 1, 2007, and that this Agreement shall be automatically renewed for additional periods of one (1) year each, 'terms and conditions outlined herein~)Jnless either party gives the other arty written notice to terminate the ~'reement sixty (60) calendar ;/ days prior August 1 of each successiv~ear. However, this Agreement \ / shall not ext~d beyond July 1, 201~thout review and re-execution of a new agreemen\together with r~COrding of said updated agreement. \ /1 \ / '\ / \ / g) Parties agree this ~reel}1'Emt is not assignable. \ ;/ \ ./ \/ /; /\ l , h) Notices under thi~agr~ement shall be sent by regular mail to the City i \ ,; \ Clerk of Iowa O1ty and t~ the Johnson County Board of Supervisors at , \ their regular/mailing add~sses and shall be deemed delivered upon the i date of mailing. Further, ~I amendments or addenda shall be in writing \ and duly executed by proper authority of each municipal corporation \ \ t \ \ \ \ \ \ 3. Parties hereto acknowledge that this Ag~ement shall conform to the requirements of Chapter 28E, Code of Iowa (2007); and that this agre~ent, as such, be in force and effect \ '. only after execution by the City Council of the City of Iowa t;;ity and the Johnson County Board of \ \ Supervisors, upon filing with the Secretary of State of the Sta e of Iowa, and upon this Agreement named herein. being duly r~corded with the Johnson County Recorder's Offic Johnson County, Iowa. / Dated this day of ,2007. THE CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA By: By: Ross Wilburn, Mayor Attest: Marian K. Karr, City Clerk - 6- Pat Harney, Chair Johnson County Board of Supervisors Attest: Johnson County Auditor /i i - 7 - CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: .' JOHNSON COUNTY ) ( On this day of f- ,2 2, before me, the undersigned, a Notary Public in and for the Stat~ of Iowa, personally appear: d Ross Wilburn and Marian K. Karr, to me personally known, and, w~o, being by me duly swor ,did say that they are the Mayor and City Clerk, respectively, of the Ci\y of Iowa City, Iowa; th the seal affixed to the foregoing instrument is the corporate seal Of the corporation, an that the instrument was signed and sealed on behalf of the corporation, by al1.thority of its City uncil, as contained in (Ordinance) (Resolution) No. p~sed (the Reso tion adopted) by the City Council, under Roll Call No. of the City ~ouncil on th day of , 2007, and that Ross Wilburn and Ma\~ian K. Ka acknowledged the execution of the instrument to be their voluntary act and deed and tti~ volu ry act and deed of the corporation, by it voluntarily executed. ' X\\ Notary Public in and lor the State 01 Iowa \ \ / \ ,/ \ JOHNSe>N COUN1w ACKNOWLEDGEMENT / \ I " I \ / STATE OF IOWA ) i ) ss: / JOHNSON COUNTY ) On this day of \ ,2007, before me, the undersigned, a Notary Public in and fo/ the State of Iowa, personally ~peared Pat Harney, to me personally known, who, being by' me duly sworn, did say that they'~re the Chairperson of the Board of Supervisors and [AlJditor] [Deputy Auditor], respectively,\of Johnson County, Iowa; that the seal affixed hereto is the seal of said county; that this instrum~t was signed and sealed on behalf of said county by a4thority of its Board of Supervisors; and t~t the said Carol Thompson and i as such officers acknowledged the ~ecution of said instrument to be the voluntary act a.~d deed of Johnson County by it and by them ,\luntarilY executed. ;/ Notary Public in and for the State of Iowa Eric/Finance/Purchasing! 26E and RES (Johnson County) Michael A. Mauro Secretary of State State of Iowa 28E Agreement ~ z o LlJ Vl ::J LlJ U i:L: ... o c:: o ... FILED M500048 6/26/20079:45:29 AM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 City of University Heights City Johnson Party 3 Party 4 Party 5 "Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 130 (Enter only one Service Code and Description) Code Number EmerQency ManaQement Service Description Item 3. The purpose of this agreement is: (please be specific) To share public dispatch services. Item 4. The duration of this agreement is: (check one) IZIAgreement Expires 7/1/2012 [mm/dd/yyyy] Dlndefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) o NO IZI YES Filing # of the agreement: M021883 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle@iowa-city.orQ Phone 319-356-5043 0f\l,.., c ~ ~ Prepared by: Eric R. Goers, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-184 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CITY OF UNIVERSITY HEIGHTS, IOWA. WHEREAS, the City of Iowa City (Iowa City) and the City of University Heights (University Heights) are both municipal corporations, with authority to enter into an agreement with other agencies, whether public or private, to carry out each City's governmental duties, as provided in Chapter 28E, Code of Iowa (2007); and WHEREAS, Iowa City operates an Emergency Operations Center with sufficient capacity to provide University Heights with public safety dispatch services as agreed by both Parties; and WHEREAS, it is in the best interests of both Parties to share public safety dispatch services whenever possible, for the mutual benefit of the citizens of both the City of Iowa City, and the City of University Heights; and WHEREAS, the parties have negotiated such an agreement to provide appropriate terms for the provision of public safety dispatch services to the City of University Heights through the City of Iowa City's Emergency Communications Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the Chapter 28E Agreement for Public Safety Dispatch Services between the City of Iowa City, Iowa and the City of University Heights, Iowa attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to record a certified copy of this Resolution, with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (2007). 3. The City Clerk is hereby directed to forward a copy of the returned, recorded resolution and agreement to the City of University Heights, Iowa. Passed and approved this 19th day of (;'2., , 20.QL. n.C J~ MAYOR - . ATTEST: ~~ k. ~~) CI LERK APPROVED BY: Resolution No. Page 2 07-184 It was moved by Bailey and seconded by 0' Donnell adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn CHAPTER 28E AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, ("Iowa City"), and the City of University Heights, Iowa, ("University Heights"), both municipal corporations, sometimes collectively referred to as "Parties." WHEREAS, University Heights and Iowa City both provide services requiring routine as well as emergency public safety dispatch services; and WHEREAS, the City of Iowa City currently operates an Emergency Communications Center capable of providing public safety dispatch services to both Parties; and WHEREAS, it is mutually beneficial for both Iowa City and University Heights to cooperate, and to work closely with one another in the area of public safety dispatch services; and WHEREAS, it is in the best interest of both Parties to share dispatch services whenever possible, for the mutual benefit of the citizens of the cities of Iowa City and University Heights; and WHEREAS, Chapter 28E, Code of Iowa (2007) permits state and local governments to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. - 2- NOW, THEREFORE, in consideration of their mutual promises herein, the City of University Heights and the City of Iowa City agree as follows: 1. No Separate Legal Entity is created by this Agreement I Administrator: University Heights acknowledges Iowa City operates an Emergency Communications Center with sufficient capacity to provide University Heights with public safety dispatch services. No separate legal entity is created by this Agreement. Each party will act as administrator of its own duties. The Iowa City Fire Chief is assigned to be the Agreement administrator. 2. Purpose: The purpose of this Agreement is the provision of public safety dispatch services to University Heights. To that end, Iowa City and University Heights agree more specifically as follows: a) Iowa City shall provide University Heights with routine and emergency public safety dispatch services per the terms outlined in this Agreement. b) University Heights will purchase all public safety communication equipment needed by the City of University Heights, and agrees to maintain any and all equipment so purchased or provided by University Heights. c) Iowa City agrees to staff and maintain the Emergency Communications Center which is the subject of this Agreement, and to do so adequately and responsibly. d) Manner of Financing: Parties agree that University Heights' cost for public safety dispatch services through the Iowa City Emergency Communications Center shall be $34,397 for the first fiscal year of the agreement (from July 1, 2007 to June 30, 2008), which sum shall be payable in equal quarterly installments of $8,599.25 due on July 1, October 1, January 1, and April 1 of each fiscal year. Said payments shall be made within sixty (60) calendar days of each due date listed above, - 3- notwithstanding any failure by the City of Iowa City to convey a billing statement to University Heights. Non-payment of said installments when due and payable shall constitute a breach of this agreement upon which the City of Iowa City may terminate said agreement upon thirty (30) calendar days written notice, notwithstanding any provisions of subparagraph (g) below to the contrary. Following the initial one-year term, University Heights' cost will be that percentage of all the calls for service received by the City of Iowa City dispatchers that are generated by University Heights in the most recent calendar year, multiplied by the Communications personnel and benefits budget for the fiscal year in which payments are to be made. The City of Iowa City shall provide University Heights with the calls for service percentage, Communications personnel and benefits budget, and resulting fee calculation by December 31 of each year of the contract. Absent termination by either party pursuant to paragraph 2(g) below, this amount will be the contract rate for the following fiscal year. e) University Heights agrees to pay to City a user fee of $138 per radio unit per year, to be billed by City on or after September 1 of each year. Said billing shall be paid within sixty (60) calendar days of the date of said billing. University Heights also agrees to pay the proper amounts billed for any additional radio units added to the trunking system for University Heights during a fiscal year, which shall be paid on a monthly pro-rated basis, with payment also due within sixty (60) days of billing on or after September 1 of each year. The annual radio user fee noted above may be increased, but not -4- decreased, during the extended term (Le. each year after fiscal 2007) by an amount not to exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and Means Groups Figures for All Urban Consumers (hereinafter "CPI") July 2007, over figures for the month of July 2006. For each successive year of the automatic renewal term, the annual radio user fee may be increased by the percentage increase in the CPI from the previous fiscal year as outlined above. f) University Heights agrees to pay all costs necessary to configure its equipment and geofile locations to interface with Iowa City's Emergency Communications Center and shall also be responsible for any costs associated with the conversion of University Heights' 911 equipment to interface with the Iowa City system. Additionally, University Heights shall complete such configurations and conversions as soon as practicable and prior to the effective date of this agreement. The City agrees to maintain the 800 MHz trunking radio equipment system which is the subject of this Agreement, and to do so adequately and responsibly. Upon future capital investment, upgrade to or replacement of the City's radio system, a capital contribution will be required from all parties involved. Such capital contribution shall be addressed in a separate agreement between the parties. - 5 - g) Duration and Termination: Parties agree this Agreement shall be for a period of one (1) year and effective from July 1, 2007, and that this Agreement shall be automatically renewed for additional periods of one (1) year each, on the same terms and conditions herein, unless either party give~ the other party written notice to terminate the agreement sixty (60) calendar days prior to July 1 of each successive year. However, this Agreement shall not extend beyond July 1, 2012, without review and re- execution of a new agreement, together with re-recording of said updated agreement. h) Parties agree this Agreement is not assignable. i) Notices under this agreement shall be sent by regular mail to the City Clerk of each City at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each municipal corporation named herein. 3. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2007); and that this agreement, as such, will renew only upon execution by the City Councils of the City of Iowa City and the City of University Heights, and further upon filing with the Secretary of State of the State of Iowa, together with this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa. Dated this 11~ day of ~Nl'E ,20~. THE CITY OF IOWA CITY, IOWA ByG2LJ~ Ross Wilburn, Mayor THECITYOFUNIVE~ ~ Lo ise From, May r By: -6- Attest: ~ ~ ~.AAJ Attest: Man K. Karr, City Clerk Approved by: City Attorney's Office - 7- IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this lifh day of ::r(,4.N~ , 20-1LZ-, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance~ (Resolution) No. D 7-1R1- passed (the Resolution adopted) by the City Council on the 19~ day of ~uNE , 203LL, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. i~ SONORAE FORT o r. Commission Number 159791 . . My Commission Expires Vi .3 7 ~~6..0 r-~ Notary Public in and for the State of Iowa My Commission Expires: 3/'i~0V7 UNIVERSITY HEIGHTS ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /;1T'" day of J<<..... f> , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Louise From and Jerry Musser, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. n 7- 0 if passed (the Resolution adopted) by the City Council on the u"" day of J'-"" , 20~, and that Louise From and Jerry Musser acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ;2!:1 ,:jut/oJ Notary Public in and for the State of Iowa My Commission Expires: $'''('f J,' 2""7 Eric/Finance/Purchasing/ 28E and RES (U Hgts dispatch services) -2- ~ {~ CHAPTER 28E AGREEMENT (\ FOR PUBLIC AFETY DISPATCH SERVICES BETWEEN 1 E CITY OF IOWA CITY, IOWA' AND THE CITY F UNIVERSITY HEIGHTS,IOWA ! i This Agreement is made and ent~red into by and between the City of Iowa City, Iowa, ("Iowa I ! City"), and the City of University H~ight , Iowa, ("University Heights"), both municipal corporations, I ' sometimes collectively referred tq as "P ies." WHEREAS, University Heights iand low1 City both ~vide services requiring routine as well as \ ,/ emergency public safety dispat~h services;\and ,/ / , WHEREAS, the City of Iowa City currentl~\, operates an Emergency Communications Center \ , capable of providing public safety dispatch erv\,ces to both Parties; and \i \ I " \ WHEREAS, it is mutually bereficial r both Iowa ~ty and University Heights to cooperate, and to ; \ work closely with one anoth~r in t e area of public salrty dispatch services; and f \ WHEREAS, it is in the best. terest of both Parties to sh e dispatch services whenever possible, for the mutual benefit of the citizens of the cities of Iowa City nd University Heights; and WHEREAS, Chapter 28E, Code of Iowa (2007) permits state a d local governments to make efficient use of their resources and powers, in order to provide join services by way of a duly recorded agreement. - 3- NOW, THEREFORE, in consideration of their mutual promises herein, the City of University Heights and the City of Iowa City agree as follows: 1. No Separate Legal Entity is created by this Agreement I Administrator: University Heights acknowledges low City operates an ergency Communications Center with sufficient capacity to provide Univers ty Heights with public s fety dispatch services. No separate legal entity is created by this Agreem nt. Each party will act s administrator of their own duties. The Iowa City Fire Chief is assigned td, be the Agreement ad inistrator. .. 2. Purpose: The purpose\of this Agreement i the provision of public safety dispatch ty and University Heights agree more \ services to University Heights. To thft end, specifically as follows: b) Iowa City shall proVide Uni ersity Heights with routine and emergency public safety dispatch \erv~s per the terms outlined in this Agreement \ / \ ! University Heights wmfirchase all public safety communication equipment needed by the City ~/U~iversity Heights, and agrees to maintain any and all equipment so p~chase~ or provided by University Heights. , \ a) c) Iowa City agre~s to staff d maintain the Emergency Communications Center which !s the subject 0 this Agreement, and to do so adequately and responsibly. d) Manner Qf Financing: Parties agree that University Heights' cost for public safety dispatch services through the Iowa City Emergency Communications Center shall be $ ,397 for the first fiscal year of the i agre~l~ent (from July 1, 2007 to JU~ 30, 2008), which sum shall be / I payable in equal quarterly installments of $8,599.25 due on July 1, October 1, January 1, and April 1 of each fiscal year. Said payments shall be made within sixty (60) calendar days of each due date listed above, -4- notwithstanding any failure by the City of Iowa City to convey a billing statement to University Heights. Non-payment of said installments when " the City shall constitute a ~reach of this agreement upon which Iowa City may termin te said agreement upon thirty (30) calendar notwithstanding any provisions of subparag Following t term, University Heights' cost will be that percentage 0 the calls fo service generated by University Heights in the most recent ca ndar ~ ar, multiplied by the Communications personnel \ and benefits budg~t f r the fiscal year in which payments are to be made. The City of Iowa 'ty shall provide University Heights with the calls for service percenta e, 6ommunications person"nel and benefits budget, and / \ resulting fee c~culation\ by April 1 of each year of the contract. Absent I \ termination by either part~ pursuant to paragraph 2(g) below, this amount I \ will be the cfntract rate for ~e following fiscal year. / \ i :, e) universit1Heights agrees to '~,ay to City a user fee of $138 per radio unit , \ per yea(. to be billed by City or\ or after September 1 of each year. Said I \ billing Ihall be paid within sixty (6~ calendar days of the date of said billing. I I univ1rsity Heights also agrees to ay the proper amounts billed for any I additional radio units added to the t nking system for University Heights duting a fiscal year, which shall be pai on a monthly pro-rated basis, with ppyment also due within sixty (60) days 0 billing on or after September 1 of j each year. The annual fee noted above may be increase, but not decreased, during the extended term (Le. each year after fiscal 2 07) by an amount not to - 5- exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and Means Groups Figures for All Urban Consull}ers (hereinafter "CPI") July 2007, over figures for the month of July 20 . For each successive year of ;the automatic renewal / term, the annual ser fee may be increased by t e percentage increase in the CPI from the University Heights\agrees to pay all co s necessary to configure their \ \ equipment and geof~e locations to in rface with Iowa City's Emergency \ \ Communications Cen~r and shal also be responsible for any costs f) associated with the conversion f University Heights' 911 equipment to interface with the Iowa City s~ tem. Additionally, University Heights shall '\ complete such configura!\ s and conversions as soon as practicable and prior to the effective}at~ of this agreement. The City agrees to m/~tain th\ 800 MHz trunking radio equipment system which is the SUbift of this ~eement, and to do so adequately and responsibly. Up~ future capital i vestment, upgrade to or replacement of I the City's radio system, a capital contribution will be required from all / parties involvpd. Such capital contri tion shall be addressed in a separate agreement~etween the parties. / / - 6- g) Duration and Termination: Parties agree this Agreement shall be for a period of one (1) year/and effective from July 1, 2007, and that this Agreement shall ~e/ automatically renewed for additional periods of one (1) year each, on fe same terms and ionditions herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to July 1 of each successive year. However, this Agreement sha I not extend be ond July 1, 2012, without review and re- , together with re-recording of said updated agreement. / \ \ ' Parties agree this A~re~ent is not assignable. \/ Notices under this Jreement shall be sent by regular mail to the City Clerk of each City at th\ir regular mailing addresses and shall be deemed delivered upon the date \f mailing. Further, all amendments or addenda shall be in writing and \dUIY executed by proper authority of each municipal cotporation nam~ herein. ! \ Parties hereto aCf~nOwledge that this Agreement shall conform to the requirements , \ of Chapter 28E, Code of lo~ (2007); and that this ~greement, as such, will renew only upon execution by the City Coul')Cils of the City of Iowa CitJ and the City of University Heights, and / ' I ~ further upon filing with th1 Secretary of State of the Stak of Iowa, together with this Agreement i , being duly recorded wit1he Johnson County Recorder's Office, Johnson County, Iowa. I Dated this day of , 20 . / h) i) 3. THE CITY OF IOWA CITY, IOWA THE CITY OF UNIVERSITY HEIGHTS By: By: Ross Wilburn, Mayor Louise From, Mayor Attest: Marian K. Karr, City Clerk ( I - 7 - Attest: Jerry Musser, City Clerk i \ I \ \ \ \ , \ \ /' I / / / / / / , \ / , I \ / \\/ / / \ - 8- IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 20_, before me, the undersigned, a Notary Public in and for teState of 10wa1 ersonally appeared Ross Wilburn and Marian K. Karr, to me personally known, nd, who, bein9' by me duly sworn, did say that they are the Mayor and City Clerk, respectively, 0 the City of IqWa City, Iowa; that the seal affixed to the foregoing instrument is the corporate sea of the corpc;iration, and that the instrument was signed and sealed on behalf of the corporaticm. by autt;iority of its City Council, as contained in (Ordinance) (Resolution) No. passe1 (the Resolution adopted) by the City Council on the day of ! ,20_, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instruf11ent to be their voluntary act and deed and the voluntary act and deed of the corporation, by it v9iuntarily executed. i otary Public in and for the State of Iowa My Commission Expires: ) ) ss: JOHNSON COUNTY ) I / UNIVERSITY ~IGHTS ACKNOWLEDGEMENT / / STATE OF IOWA On this day of , 20_. before me, the undersigned, a Notary Public in d for the State of Iowa, personally appeared Louise From and Jerry Musser, to me personally nown, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respe tively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is t e corporate seal of the corporation, and that the instrument was signed and sealed on behalf the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. I passed (the Resolution adopted) by the City Council on the day of I , 20_, and that Louise From and Jerry Musser acknowledged the eX$cution of the instrument to be their voluntary act and deed and the voluntary act and deed of the borporation, by it voluntarily executed. I i '" Notary Public in and for the State of Iowa My Commission Expires: Eric/Finance/Purchasing! 28E and RES (U Hgts dispatch services) Michael A. Mauro Secretary of State State of Iowa 28E Agreement ~ z o .... (I) ;;) .... (.) i:i: ... o c:: o ... FILED M500049 6/26/2007 9:55:49 AM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 University of Iowa State Agency Johnson Party 3 Party 4 Party 5 'Enter "Other" if not in Iowa Item 2. The type of Public Service included in this agreement is: 130 (Enter only one Service Code and Description) Code Number EmerQency ManaQement Service Description Item 3. The purpose of this agreement is: (please be specific) To share emergency radio communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and also the students, staff, and visitors of the University of Iowa. Item 4. The duration of this agreement is: (check one) IllAgreement Expires 7/1/2012 [mm/dd/yyyy] Dlndefinite Duration Item 5. Does this agreement amend or renew an existing agreement? (check one) D NO III YES Filing # of the agreement: M020227 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos.state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Email kellie-tuttle@iowa-city.orQ Department Administrative Secretary Phone 319-356-5043 (V'i t- '"~ L ""1'9"' I Prepared by: Eric R. Goers, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-185 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A CHAPTER 28E AGREEMENT FOR EMERGENCY RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE UNIVERSITY OF IOWA. WHEREAS, the City of Iowa City (Iowa City) is a municipal corporation, with authority to enter into an agreement with other agencies, whether public or private, to carry out the City's governmental duties, as provided in Chapter 28E, Code of Iowa (2007); and WHEREAS, the City purchased an eight hundred (800 MHz) radio trunking system ("System"), with sufficient capacity to allow the University to participate in the use of the system as agreed by both Parties; and WHEREAS, it is in the best interests of both Parties to share communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and also the students, staff, and visitors of the University of Iowa; and WHEREAS, the City and the University have a Chapter 28E Agreement for radio communications which, by its terms, expires on August 1, 2007, and the parties desire to renew said agreement on substantially the same terms. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute the attached Agreement with the University of Iowa, said Agreement being incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2. The City Clerk is hereby authorized to record a certified copy of this Resolution, with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (2007). 3. The City Clerk is hereby directed to forward a copy of the returned, recorded resolution and agreement to the University of Iowa. /~ Passed and approved this 19th day of ~ ~L MAYOR AlTEST: ~.....~ k' ~A) CI LERK APPROVED BY: Resolution No. Page 2 07-185 It was moved by Bailey and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: x x x X x X X ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE UNIVERSITY OF IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation ("City"), and the University of Iowa, ("University"), both political subdivisions, sometimes collectively referred to as "Parties." WHEREAS, the University and City both provide services requiring routine as well as emergency radio communications to City residents and to the students, staff, and visitors of the University of Iowa; and WHEREAS, it is mutually beneficial to both parties to have access to public safety facilities, as well as to routine communications facilities which serve both Parties and the public; and WHEREAS, it is mutually beneficial for both the City and the University to cooperate, and to work closely with one another in the area of radio communications; and WHEREAS, it is in the best interest of both Parties to share communications systems whenever possible, for the mutual benefit of the citizens of the City of Iowa City, and also the students, staff, and visitors of the University of Iowa; and WHEREAS, Chapter 28E, Code of Iowa (2007) permits state and local governmental entities to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. - 2 - NOW, THEREFORE, in consideration of their mutual promises herein, the University and the City of Iowa City agree as follows: 1. No Separate Legal Entity is created by this Agreement I Administrator: University acknowledges the City purchased an eight hundred (800 MHz) radio trunking system ("System"), with sufficient capacity to allow the University to participate in the use of the system. No separate legal entity is created by this Agreement. Each party will act as administrator of their own duties. The Iowa City Fire Chief is assigned to be the Agreement administrator. 2. Purpose: The purpose of this Agreement is the provision of radio communication services. To that end, Iowa City and the University agree more specifically as follows: a) The City shall allow the University to use a number of talk groups (a line of communications shared by a distinct group of radio units) as agreed to by both Parties for use by the University. b) The University will purchase all equipment needed by the University, and the University agrees to maintain any and all equipment so purchased by the University pursuant to this Agreement. c) The City agrees to maintain the 800 MHz trunking radio equipment system which is the subject of this Agreement, and to do so adequately and responsibly. Upon future capital investment, upgrade to or replacement of the City's radio system, a capital contribution will be required from all parties involved. Such capital contribution shall be addressed in a separate agreement between the parties. d) Parties agree that the University's cost for use of the 800 MHz trunking radio equipment system will be determined in September of each fiscal year, for implementation, billing and payment during said fiscal year, and City agrees to submit a "user fee" billing to University, to be paid within sixty (60) calendar days of the date of the billing. - 3- e) Manner of Financing: University agrees to pay to City a user fee of $138 per radio unit per year, to be billed by City on or after September 1 of each year. Said billing shall be paid within sixty (60) calendar days of the date of said billing. The University also agrees to pay the proper amounts billed for any additional radio units added to the trunking system for the University during a fiscal year, which shall be paid on a monthly pro-rated basis, with payment also due within sixty (60) days of billing on or after September 1 of each year. f) The annual user fee noted above may be increased, but not decreased, during the extended term (Le. each year after fiscal 2007) by an amount not to exceed the percentage increase in the United States Bureau of Labor Statistics Consumer Price Index for All Items and Mean Groups Figures for All Urban Consumers July 2007, over the figures for the month of July 2006. For each successive year of the automatic renewal term, the annual user fee maybe increased by the percentage increase in the CPI from the previous fiscal year as outlined above. g) Duration and Termination: Parties agree this Agreement shall be for a period of eleven (11) months from August 1, 2007, and that this Agreement shall be automatically renewed for additional periods of one (1) year each, on the same terms and conditions outlined herein, unless either party gives the other party written notice to terminate the agreement sixty (60) calendar days prior to July 1 of each successive year. However, this Agreement shall not extend beyond July 1, 2012, without review and re-execution of a new agreement, together with re-recording of said updated agreement. -4- h) Parties agree this Agreement is not assignable. i) Notices under this agreement shall be sent by regular mail to the City Clerk of Iowa City and to the Business Manager of the University at their regular mailing addresses and shall be deemed delivered upon the date of mailing. Further, all amendments or addenda shall be in writing and duly executed by proper authority of each municipal corporation named herein. 3. Parties hereto acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2007); and that this agreement, as such, shall be in force and effect only after execution by the City Council of the City of Iowa City and The University of Iowa, upon filing with the Secretary of State of the State of Iowa, and upon this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa. /0'2 I~ Dated this L day of ~ lJ.~f: ,2007. THE CITY OF IOWA CITY, ICYWA THE U~VjRSITY Fl'fWA By ~UJi..--,BY~~ - Ross Wilburn, Mayor 4' George Hollins, Business Manager Attest: /J1~ ~ cJ::r:uJ Mari8n1<. Karr, City Clerk ~ Attest: I Approved by: ~ - City Attorney's Office - 5- IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this If I~ day of JV"J~ , 20.J2l, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordiflance) (Resolution) No. D7- 1&'5 passed (the Resolution adopted) by the City Council on the /9 +1 day of Ju,-;)~ , 20~, and that Ross Wilburn and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~~N SONORAE FORT .... g '- Commission Number 159791 S~.k ro-ril . ow' My commiSSI~n Expires Notary Public in and for the State of Iowa My Commission Expires: 3/7/ ..J.oo1 UNIVERSITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Il ~ day of ~~, 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared George Hollins, to me personally known, who, being by me duly sworn, did say that he is the University Business Manager, that he has authority to act and is acting on behalf of the University of Iowa, as provided by the State Board of Regents, and that as such he did execute the foregoing instrument as the voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa Board of Regents. H 'ri~,j' (.... ~i'l~NDA K, DIETRICH ' Ii? f Cotfifflli~lllfl Number 136242 flow. My Comh1,I)(t},:l-I'i'~q " '~U'dcL -K . '~ore { ~ Notary Public in and for the State of Iowa EricIFinancelPurchasingl 28E and RES (UI dispatch services) -2- ~lq CHAPTER 28E AGREEMENT FOR RADIO COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY, IOWA AND THE STATE UNIVERSITY OF IOWA This Agreement is mde and entered into by d between the City of Iowa City, Iowa, a municipal corporation ("City"), an the University of Iowa, "University"), both political subdivisions, sometimes collectively r~rred to as "Parties." \ \ \ \ WHEREAS, the University an~ City both rovide services requiring routine as well as emergency \ radio communications to City re~idents nd to the students, staff, and visitors of the University of '\ WHEREAS, ~ is mutually benef ial ~both parties to have access to public safety facil~ies, as well as to routine communicay~ns facil~ s which serve both Parties and the public; and / / WHEREAS, it is mutuallykeneficial for both he City and the University to cooperate, and to work closely w~h one anothtn the area of radio c mmunications; and / / WHEREAS, it is in the best interest of both Partie to share communications systems whenever J I .. Iowa; and possible, for the ~utual benefit of the citizens of the City of Iowa City, and also the students, staff, and visitors of ttie University of Iowa; and I I I ,I ,. WHEREAS, ~haPter 28E, Code of Iowa (2007) permits s ate and local governmental entities to i make efficietlt use of their resources and powers, in order to provide joint services by way of a , duly rerJed agreement. - 3- NOW, THEREFORE, in consideration of their mutual promises herein, the University and the City of Iowa City agree as follows: 1. No Separate Leg~tntity is created by this Agreement I Administrator: / University acknowledges the C. y purchased an eight hundred (800 MHz) radio trunking system ("System"), with sufficient cap city to allow the University to participate in the use of the system. No separate legal entity is cre ted by this Agreement. lEach party will act as administrator of their own duties. The Iowa City Fire hief is assigned to be the Agreement administrator. 2. Purpose: The pu ose of this Agre~rnent is the provision of radio communication services. To that end, Iowa City an the University agree more specifically as follows: aj The City Shal~low the University to use a number of talk groups (a line of communications\hared Jy a distinct group of radio units) as agreed to by \ ; both Parties for us~ by ~e University. \ ' \ \ \ b) The University will pur hase all equipment needed by the University, and the University agrees to aintain any and all equipment so purchased by the University pursuant to c) The City agrees to maintain th 800 MHz trunking radio equipment system which is the subject of this Agre ment, and to do so adequately and responsibly. Upon future capital i vestment, upgrade to or replacement of the City's radio system, a capital co tribution will be required from all I ' parties involved. Such capital contrib tion shall be addressed in a separate agreement between the parties. d) Parties agree that the University's cost for se of the 800 MHz trunking radio equipment system will be determined i September of each fiscal year, for implementation, billing and payment uring said fiscal year, and City agrees to submit a "user fee" billing to University, to be paid within -4- sixty (60) calendar days of the date of the billing. e) Manner of Financing: University agrees to pay to City a user fee of $138 per radio unit per ye~r. to be billed by City on or after September 1 of each -- year. Said . ing shall be paid within sixty (6~) calendar days of the date of \ any addition I radio units added to the trunki system for the University said billing. The University also agrees to pay the proper amounts billed for during a fiscal\Year, which shall be paid on monthly pro-rated basis, with payment also ~e within sixty (60) days 0 billing on or after September 1 of \ \ \ \ \ each year. ay be increased, but not decreased, f) during the extended t rm (i.e. e ch year after fiscal 2007) by an amount not to exceed the percent e incr: ase in the United States Bureau of Labor I Statistics Consumer Pri e 0dex for All Items and Mean Groups Figures for I All Urban Consumers Ju 2007, over the figures for the month of July I i 2006. For each succe~siv year of the automatic renewal term, the annual f l user fee maybe incr~ased the percentage increase in the CPI from the / previous fiscal yef as outlin I I / I g) Duration a~ Termination: ies agree this Agreement shall be for a / period oj-6leven (11) months fro August 1, 2007, and that this Agreement / sha~e automatically renewed for dditional periods of one (1) year each, on the same terms and conditions 0 tlined herein, unless either party gives the other party written notice to termin te the agreement sixty (60) calendar \ days prior to July 1 of each successive ~ar. However, this Agreement shall not extend beyond July 1, 2012, Wit~ut review and re-execution of a , new agreement, together with re-recording of said updated agreement. - 5- h) Parties agree this Agreement is not assignable. i) Notices under thi~ agreement sha be sent by regular mail to the City / Clerk of Iowa ,City and to the Busin ss Manager of the University at their / regular mail~g addresses and sh I be deemed delivered upon the date of mailing. /Further, all amend me ts or addenda shall be in writing and 3. duly execu ed by proper author" y of each municipal corporation named herein. of Chapter 28E, Code of Iowa (200 ; and that is agreement, as such, shall be in force and effect only after execution by the City Council of the City of Iowa City and The University of Iowa, upon filing with the Secretary of State f th State of Iowa, and upon this Agreement being duly recorded with the Johnson County Rec er's Office, Johnson County, Iowa. Dated this day of THE CITY OF IOWA CITY, lowl I I ,2007. By: I \ THE UNIVERSITY OF IOWA 'By: \ George Hollins, Business Manager \ \ \ Atte\t: \ Ross Wilburn, Mayo7' l f I / / Attest: / Marian K. Karr/City Clerk Approved by: I -6- IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of ' , 20 , before me, the undersigned, a Notary Public in al1d for the State of Iowa, persqnallY appeared Ross Wilburn and Marian K. Karr, to me personally ~nown, and, who, being by m duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City Iowa; that the seal affixed to the foregoing instrument is the corpor~te seal of the corporation, nd that the instrument was signed and sealed on behalf of the corpo~ption, by authority of its Ci Council, as contained in (Ordinance) (Resolution) No. ' passed (the solution adopted) by the City Council on the day of \, , 2~' and that Ross Wilburn and Marian K. Karr acknowledged the executio~ of the instrument to e their voluntary act and deed and the voluntary act and deed of the corpor~tion, by it voluntari executed. , I \ \ \ \ \ \ \ UNIVERSI Nota~ ublic in and for the State of Iowa My C mmission Expires: / / " KNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,2007, before me, the undersigned, a Notary Public in and for the State offowa, persona y appeared George Hollins, to me personally known, who, being by me duly swotn, did say that is the University Business Manager, that he has authority to act and is acting on behalf of the Un ersity of Iowa, as provided by the State Board of Regents, and that as such he did execute th foregoing instrument as the voluntary act and deed of the University of Iowa, for and on behalf 0 the State of Iowa Board of Regents. Notary Public i and for the State of Iowa Eric/Finance/Purchasingl 2BE and RES (UI dispatch services) Mlo. o -If Prepared by: Kumi Morris, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 RESOLUTION NO. 07-186 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONSULTANT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ROHRBACH ASSOCIATES, P.C. OF IOWA CITY, IOWA FOR ARCHITECTURE AND ENGINEERING CONSULTANT SERVICES FOR THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT. WHEREAS, by Resolution No. 06-333, the City Council authorized the Mayor to sign and the City Clerk to attest the consultant agreement between the City and Rohrbach Associates, P.C. of Iowa City, Iowa to complete design and engineering activities for the Fire Station #2 Demolition and Construction Project (hereinafter "original agreement"); and WHEREAS, at the time of the original agreement, the scope of facility did not include basement, increased energy efficiencies and emergency services (EMS). The increased scope under the direction of the City of Iowa City increased the facility from 7,064 square feet (cost estimate of $1.3 million) presented at a special work session on Wednesday, August 30, 2006 to 10,300 square feet (cost estimate of $1.98 million) presented at work session on Monday, April 16, 2007. (An increase in project scope by 31%); and WHEREAS, the parties wish to amend agreement to reflect additional work; and WHEREAS, City staff has negotiated an amendment to the original agreement, in order to include the aforementioned additional scope; and WHEREAS, the City Council deems it in the public interest to enter into the amended agreement for consulting services dated October 17, 2006 in order to incorporate the additional work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The amendment to Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached amendment to Consultant's Agreement. Passed and approved this 19th dayof ~C~~ MAYOR &ved by / / ~ Ct-j'. }~~75ZjJ er/I;;zJo7 . City Attorney's Office ATTEST:2~~7 1(. ~ pwenglreslfiresta2conlract arrend ,doc Resolution No. Page 2 07-186 It was moved by Champion and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: x x x x x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I( ROHRBACH ASSOCIATES PC April 24, 2007 ARCHITECTS Ms. Kumi Morris Engineering Division - City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 RE: Fire Station NO.2 Scope Amendment Letter Dear Kumi Thank you for your letter of April 19'h approving us to precede with the increased scope (basement, increase energy efficiency and EMS) and construction costs ($1,980,000) for this project. With the changes incorporated into the project we request an adjustment to our compensation and schedule to accommodate the time and services effort to incorporate the additional scope. Relative to time and schedule we recommend the following amendment in accordance with section liB of the contract: II. TIME OF COMPLETION A. The Consultant shall complete the following phases of the Project in accordance with the schedule shown. Phase Construction Documents Issue for Owner Review Review meetings Issue for bidding Bidding and Negotiations Council Approval Construction Administration Commissioning Start April 15, 2007 August 1, 2007 Stop July 30, 2007 August15,2007 September 1, 2007 September 1, 2007 October 1, 2007 October 1, 2007 August 2008 September 22, 2007 August 2008 August 2008 Relative to compensation we propose the following increase to accordance with section IVD3b of the contract: IV. COMPENSATION FOR SERVICES A. Compensation for Services outlined in paragraphs IB through IH is to be a stipulated sum of One hundred ten thous::md doll:m: ($110,000.00) One hundred seventy thousand dollars ($170,000.00) This fee is broken down the following: Services identified in paragraph IB Services identified in paragraphs IC - IG Services identified in paragraph IE5 Services identified in paragraph IH Total Previous Proposed $ 5,000.00 $ 80,000.00 $ 5,000.00 $ 20,000.00 $110,000.00 $ 5,000,00 $140,000.00 $ 5,000.00 $ 20,000.00 $170,000.00 If this scope amendment is acceptable, please sign on the line provided below. ~Oh ach Associates PC u~ /J' tev A. Rohrbach AlA /?nA./~~) ~ez.-uJ P' cipal r!df ~ c~a City ~ Title: Mayor Date: .Tune 1 q. 7007 Commerce Center 325 E, Washington Suite 400 1'0, Box 2238 Iowa City, IA 52244-2238 Tel: 319.338,9311 Fox: 319.338.9872 City of Iowa City MEMORANDUM 06-19-07 20 ~ I Date: June 12, 2007 To: Steve Atkins, City Manager From: Kumi Morris, Architectural Services and Energy Coordinator Re: Fire Station #2 Demolition and Construction Project: Amendment to original consultant agreement by resolution 06-333 Due to the increase of project scope, there is a proposed amendment to the consultant contract. At the time of the original agreement (resolution 06-333, dated October 1 ih, 2006) the scope of facility did not include the basement, approval of costs of increased energy efficiencies (pursuit of LEED certification) and emergency services (EMS). The adjusted scope under the direction of the City Council increased the facility from 7,064 square feet (cost estimate of $1.3 million) presented at a special work session on Wednesday, August 30, 2006 to 10,300 square feet (cost estimate of $1.98 million) presented at work session on Monday, April 16, 2007. (This is an increase in project scope by31%). As a result of the above scope increases, additional work of the consultant would be required. The negotiated fee increase is from $110,000 to $170,000; the consultant fee remains approximately the same percentage of estimated project costs from original project costs. Also attached is a memo with a summary of costs dated April 11 , 2007 to the City Manager and a letter written to the consultant following City Council approval. S:\Eng\ARCHITECTURE FILE\Projects\Fire Station #2 Demolition and Construction Project\MEMO Amendment to consultant agreement.DOC City of Iowa City MEMORANDUM Date: April 11, 2007 To: Steve Atkins, City Manager From: Kumi Morris, Architectural Services and Energy Coordinator Re: Fire Station #2 Demolition and Construction Project: Estimated Construction Costs for accommodation of future growth, additional services and long term energy efficiency On August 30th, 2006, City Council took a tour of Iowa City Fire Stations #3 then #2. Rohrbach Associates and City Staff presented schematic design options for a new Fire Station. In the work session that followed the presentation, City Council requested that the design team explore three aspects more extensively: 1. Accommodate Future Growth 2. Accommodate Extension of Services 3. Long-term Energy Efficiencies The goal of the new station is to be a 50+ year sustainable and energy efficient building accommodating future growth. A designated design team has worked extensively with Fire Department Staff to develop a design to accommodate future growth. Prior to exploring City Council's requests the very preliminary cost estimate of demolition and construction of a new station had been approximately $1.3 million dollars. To accommodate future growth and adding additional basement space and future extension of services (such as emergency medical services) the design increased from 7,064 square feet to 10,300 square feet, proportionally increasing the estimated construction costs, This new option therefore increased the cost by $456,000.00 ($138.00 x 10,300 square feet). The design includes many sustainable building design components from geothermal heat source to clearstory windows for natural daylight. The upfront costs for increased building energy efficiency and a long term payback is $136,000.00 Including a water main relocation, the probable construction cost for future Fire Station #2 is $1.98 million. Attached is a Summary Statement of Probable Construction Costs/Areas that breaks down the total estimate. S:IEngIARCHITECTURE FILEIProlectslFlre Station #2 Demolilion and Construction ProjectlMEMO Cost increase DOC I( ROHRBACH ASSOCIATES PC A R C H I T E C T s Fire Station #2 RAPC Project No. 0623 Iowa City Fire Department City of Iowa City Summary Statement of Probable Construction Costs/Areas April 11, 2007 Programming Phase Schematic Design Phase Item Cost Item Area Costs Area Costs No. SF $/SF $ SF $/SF $ - - 1 7,064 $1,300,000 7,064 $1,300,000 - - - - - 2 Basement to Accommodate Future Growth NA 2,290 $229,000 - - - 3 Extention of Services (ie medical services) NA 1,359 $277 ,000 - - - 4 NA $136,000 - - - - - 5 Water Main Relocation NA $40,000 - - 6 7,064 $184 $1,300,000 10,300 $192 $1,980,000 Commerce Center 325 E, Washington Suite 400 P.O. Box 2238 Iowa City, IA 52244.2238 Tel: 319,338,9311 Fax: 319,338.9872 l ~ 1 -,....= -....tt ___1IlloII !~~!e :t ~'T~gln~ --... -- CITY OF IOWA CITY Attn.: Mr. Steve Rohrbach Rohrbach Associates 325 East Washington Street, Suite 400 Iowa City, IA 52240 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org April 19, 2007 Dear Mr. Rohrbach: Thank you for your company's design work on the Fire Station #2 Demolition and New Construction Project design. A presentation of the current design and cost estimate was given on Monday, April 16th, 2007 at the City of Iowa City's City Council work session. The presentation focused on the most recent design, expanded to accommodate future growth and the extension of medical services, and also the future facility's design of long-term energy efficiencies. After presenting the current design plans and present budget of 1.98 million for building construction to the City Council, staff received the consent from the City Council and City Administration to proceed to the next phase of bidding and negotiations. This is a letter to request that Rohrbach Associates move forward to the next stage in the design of generating construction documents and specifications for bidding. The Fire Department and I appreciate the presentation documents prepared by Rohrbach Associates; we look forward to working with you on the bid documents. Thank you. Sincerely, ~.~ Kumi Morris An-hitectural Services Coordinator Engineering Division, Public Works cc. Andy Rocca Jim Humston Steve Atkins r~ \ Publish 6/7 ADVERTISEMENT FOR BIDS DURABLE PAVEMENT MARKING PROJECT 2007 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 18th day of June, 2007, 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 there- after 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 19th day of June, 2007, or at such later time and place as may be scheduled. The Project will involve the following: 218 STA of Durable pavement marking, 46 EA of Durable pavement marking symbols, 13 STA of durable pavement marking Continental crosswalks, Flaggers, 7 days and Traffic control 432 ST A of durable pavement marking Continental crosswalks, 28 RR crossing symbols and 23 ST A stop bars All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineers Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance 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 respon- sible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Start Date: June 19th, 2007 Completion Date for crosswalks: August 15,2007 Completion Date for lane lines, railroad crossings: September 30, 2007 Liquidated Damages: $250 per day No work shall be done at all on June 1, 2, 3, 2007 and June 29, 30, July 1, 2007. 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 Iowa City Engineer, Iowa, by bona fide bidders. A $10.00 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 subcontract. 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 required 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 ~ ~ Prepared by: Anissa Gerard, Traffic Eng. Planner, 410 E. Washington 81., Iowa City, IA 52240 (319)356-5254 ~ RESOLUTION NO. RESOLU'T10N AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND E CITY CLERK TO ATTEST A CONTRACT FOR HE DURABLE PAVEMENT M KING PROJECT 2007. NOW, THEREFORE, BE IT RES LVED BY THE CITY COUN IL OF THE CITY OF IOWA CITY, IOWA, THAT: of ha submitted the lowest for construction of the above-named roject. WHEREAS, responsible bid of $ 1. The contract for the constructio of the above-na d project is hereby awarded to . ,subject the condition that awardee secure adequate performance and payment b d, insuranc certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign a d he City Clerk to attest the contract for construction of the above-named project, su ect to the condition that awardee secure adequate performance and payment bond, i ur ce certificates, and contract compliance program statements. AYES: day of ,20 Passed and approved this MAYOR ATTEST: CITY CLERK City Attorney's It was moved by adopted, and upon roll call th and seconded by NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Jccogtp/resld urablepvmt -awrdcon. doc 5107 M+6 ~ ~\ \ Prepared by: Anissa Gerard, Traffic Eng. Planner, 410 E. Washington 81., Iowa City, IA 52240 (319)356-5254 RESOLUTION NO. 07-187 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE DURABLE PAVEMENT MARKING PROJECT 2007. WHEREAS, John M. Rasty of Dennis Parking Lot Maintenance, Inc. has submitted the lowest responsible bid of $135,575.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Dennis Parking Lot Maintenance, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 1 qth day of .Tune ,20 07 CZc )Jk MAYOR ATTEST: ~/:"'-?/J k.~ CITY ERK Approved by AtLC;/. ~ tI~gltJ'" City Attorney's Office It was moved by r.h~mp; on and seconded by 0' Donnell adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x Jccogtplreslrasty.6.18.07.doc 5107