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HomeMy WebLinkAbout2007-07-24 Resolution ~~ ~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-206 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: Field House - III E College Street Iowa City Fall Fun Festival - 2140 Rochester Avenue Passed and approved this 24 th day of July ,20 07 Approv by ~ ~ \, ~-O\,.. ATTEST:clw:1ERt II ~ City Attorney's Office It was moved by Champion and seconded by . Vanderhoef Resolution be adopted, and upon roll call there were: the AYES: ~ X X -X- X ~ NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef ~ Wilburn f'^ \-ta I][ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO._ 07-207 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 1526 ABER AVENUE, IOWA CITY, IOWA. WHEREAS, on March 23,2007, the owner executed a Mortgage and a Promissory Note with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 1526 Aber Avenue, Iowa City, Iowa from a Mortgage, recorded March 23, 2007, Book 4139, Page 528 through Page 533, and from a Promissory Note, recorded April 19, 2007, Book 4148, Page 890 of the Johnson County Recorder's Office. Passed and approved this 24th day of July ,20 07 . M Appr by ~~~-(+,CJ) ATTEST: 7~r~.) 1(. ~AA) CITY ERK City Attorney's Office It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x x x x x x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Maurine A, Orwa Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 1526 Aber Avenue, Iowa City, Iowa, and legally described as follows: Unit 1526-1528 Aber Avenue Condominiums, according to a Declaration of Submission of Property to Horizontal Property Regime pursuant to Chapter 499B of the Code of Iowa, recorded August 13, 1999, in Book 2807, page 1. Records of Johnson county, Iowa, together with a 50% interest in the common elements thereof. from an obligation of the owner, Maurine A. Orwa, to the City of Iowa City represented by a Mortgage, recorded March 23, 2007, Book 4139, Page 528 through Page 533, and from a Promissory Note, recorded April 19, 2007, Book 4148, Page 890 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior record~;.um.e... nt /).~ ~ "-J APpro~. b byy '- ,_ ~ +'f1-.-'OI~ City Attorney's Office ATTEST: /I~ALA~ ~ CITY . ERK ~A) STATE OF IOWA ) )SS ) JOHNSON COUNTY '} A f.!, On this ~day of , 1-1 ,A.D. 2007, before me, the undersigned, a Notary Public in and for said County, in said State, person y appeared Regenia Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are they Mayor Pro tern and City Clerk, respectively, of said municipal corporation ~xecuting the with!n and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the Instrum~nt was signed and sealed on behalf of the corporation by, ,authority of its City Council, as contained in Resolution No. 67- .)<7'1 , adopted by the City Council on the e:24 .,..C\. day of ..:ru~ 2007 and that the said Regenia Bailey and Marian K. Karr as such officers acknowledged the executio~of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ SONDRAEFORT ~ i Commission Num. ber 159791 . . My Commission Expires lOW ~ '7 'dcc. ~;'->1r111~ {:v0J Notary Public in and for Johnson County, Iowa \-~L 11111111111111111111111111111111111111111111111111111111111111111111111111111111 Doc ID: 020826140001 TVDe: GEN Recorded: 04/19/2007 at 02:33:13 PM Fee Amt: $7.00 Paae 1 of 1 Johnson Countv Iowa Kim Painter Countv Recorder BK4148 PG890 Prepared by & return to: Lizabeth Osborne, Housing Rehab, 410 E. Washington St, Iowa City, IA 52240; 319-356-5246 Mortgagor(s): Maurine A. Orwa Mortgagee: City of Iowa City This Prornissory Note is secured by a Mortgage dated March 23, 2007. recorded March 23. 2007, Book 4139, Page 528-533 PROMISSORY NOTE Borrower, Maurine A. Orwa, whose address is 1526 Aber Avenue, promises to pay to the City of Iowa City, a municipal corporation whose address is 410 East Washington Street, Iowa City, Iowa (hereinafter "City"), the sum of six thousand four hundred fifty-two and sixty-five Dollars ($6.452.65). This Promissory Note (hereinafter "Note") is evidence of a debt running from Borrower to City resulting from a loan from the City in the Principal Amount of six thousand four hundred fifty-two and shety-five ($6.452.65), and constitutes Borrower's promise to repay said loan according to the terms and conditions stated in this Note, and in the Mortgage and the Rehabilitation Agreement executed simultaneously herewith, and referred to herein as the "Mortgage" and the "Rehabilitation Agreement." TERM: Borrower shall pay to City the sum of $56.53 beginning on the 1 day of June 1. 2007 and on the1st day of each month thereafter until the Principal Amount and all interest accrued has been paid in full. INTEREST: Interest shall accrue on the Principal Amount at the rate of one percent (1%) per annum from the date of June 1. 2007. and continuing until the Principal Amount is paid in full. All payments of principal and interest shall be made to the City at the address given above or at such other place as may be designated in writing by the City. March 23. 2007 Date BORROWER Maurine ~ fV'J,;. c I 07 -24-07 . 3d(2) Prepared by: Sue Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-208. RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 10, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, THE City has built a 2-unit residential condominium structure at 983 Longfellow Place and 985 Longfellow Court; and WHEREAS, the City has entered into an agreement to sell each of these units; and WHEREAS, a Declaration of Condominium Regime must be executed and recorded prior to completion of the sale; and WHEREAS, City staff has prepared and approved a Declaration of Condominium Regime and recommends it be approved and executed. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Upon direction of the City Attorney, the Mayor and City Clerk are hereby authorized and directed to execute and attest respectively the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises - Lot 10, Longfellow Manor Condominiums. Passed and approved this 24 th day of July Approved by ~~ +-(b -of City Attorney's Office ATTEST: ~~~/~...> 1(. #-UJ CITGLERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn f}\'\"l C /..:.r Prepared by: Sue Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-209 RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 11, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, THE City has built a 2-unit residential condominium structure at 960 Longfellow Place and 962 Longfellow Court; and WHEREAS, the City has entered into an agreement to sell each of these units; and WHEREAS, a Declaration of Condominium Regime must be executed and recorded prior to completion of the sale; and WHEREAS, City staff has prepared and approved of a Declaration of Condominium Regime and recommends it be approved and executed. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized and directed to execute and attest respectively the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises - Lot 11, Longfellow Manor Condominiums. . Passed and approved this 24th day of July ,2007. Approved by ~~ =tr ~]-o1 City Attorney's Office ATTEST: /Jf:~~,fI. ~ CI CLERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x X Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn x X I 3dl[: Prepared by: Sue Dulek, Asst. City Attorney, 4]0 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ~ RESOLUTION NO. RES LUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUl: AND tiE CITY CLERK TO ATTEST A DECLARATION OF CONDOMI M REGIME FOR LOT 11, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, TH~;ty has built a 2-unit residential condominium structure Place and 962 L~n~~lIow Court; and WHEREAS, the City ~ entered into an agreement to sell each of th e units; and WHEREAS, a Declarati~ of Condominium Regime must be ecuted and recorded prior to completion of the sale; an WHEREAS, City staff has p pared and approved of a eclaration of Condominium Regime and recommends it be approv and executed. NOW, THEREFORE, BE IT HE BY RESOLVE BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Upon the direction of the City ttorn ,the Mayor and City Clerk are hereby authorized and directed to execute and att espectively the attached Declaration of Submission of Property to Horizontal Regim Establishing a Plan for Condominium Ownership of Premises - Lot 11, Longfellow an Condominiums. I A'ay of / / II / .-1' Passed and approved this ,2007. Approved by ,- ~~ ,/'1-lro -O-f City Attorney's Office. , / It was moved by adopted, and won roll call there were: / AYES: NAYS: and seconded by / CITY CLERK the Resolution be AB ENT: Bailey Champion Correia Elliott O'Donnell anderhoef i1burn '~} t::[ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-210 RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 960 LONGFELLOW PLACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 960 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to purchase 960 Longfellow Place for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 960 Longfellow Place, Iowa City, Iowa, also known as Unit 960 Longfellow Place of Lot 11, Longfellow Manor Condominiums, for the sum of $147,000. Resolution No. 07-710 Page 2 2. A public hearing on said proposal should be and is hereby set for August 21,2007, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by adopted, and upon roll call there were: V;mnprhopf the Resolution be AYES: NAYS: ABSENT: x x X x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y M Passed and approved this 24th day of ATTEST: c~~tg~~ k. ~v Approved by ~ ~-(b-C>-).. City Attorney's Office M1 l ~;(~) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-211 RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 962 LONGFELLOW COURT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 962 Longfellow Court, Iowa City; and WHEREAS, the City has received an offer to purchase 962 Longfellow Court for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 962 Longfellow Court, Iowa City, Iowa, also known as Unit 962 Longfellow Court of Lot 11, Longfellow Manor Condominiums, for the sum of $147,000. Resolution No. 07-211 Page 2 2. A public hearing on said proposal should be and is hereby set for August 21, 2007, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by adopted, and upon roll call there were: V.<mrl<3rhn~f the Resolution be AYES: NAYS: ABSENT: x X X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x Passed and approved this 24th day of July ,2007. ;'~!J~ ATTEST: ~ro;~,{/. fI,-1A./ CITY LERK Approved by c'~-'. ~ "- ~~ :=l- 1"-01- City Attorney's Office M4 I ~~(;)~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E.Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-212 RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 983 LONGFELLOW PLACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 983 Longfellow Place, Iowa City; and WHEREAS, the City has received an offer to purchase 983 Longfellow Place for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 983 Longfellow Place, Iowa City, Iowa, also known as Unit 983 Longfellow Place of Lot 10, Longfellow Manor Condominiums, for the sum of $147,000. Resolution No. 07-212 Page 2 2. A public hearing on said proposal should be and is hereby set for August 21,2007, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by adopted, and upon roll call there were: Vanderhof'f the Resolution be AYES: NAYS: ABSENT: x x x x X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x Passed and approved this 24th day of TIll Y , 2007. ~~p&f; ATTEST: ~~~ tf. k'~ CIT LERK Approved by ~~ City Attorney's Office M~ r;'~~ I Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-211 RESOLUTION SETTING PUBLIC HEARING FOR AUGUST 21,2007, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 985 LONGFELLOW COURT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) Implementing Agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the proceeds from such sales are used to provide affordable housing under the City's Affordable Dream Home Program ("ADHOP"); and WHEREAS, the Iowa City Housing Authority owns a single family home located at 985 Longfellow Court, Iowa City; and WHEREAS, the City has received an offer to purchase 985 Longfellow Court for the principal sum of $147,000; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 985 Longfellow Court, Iowa City, Iowa, also known as Unit 985 Longfellow Court of Lot 10, Longfellow Manor Condominiums, for the sum of $147,000. Resolution No. 07-213 Page 2 2. A public hearing on said proposal should be and is hereby set for August 21,2007, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. It was moved by Champion and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x Passed and approved this 24th day of .Tuly ,2007. ~iiJ~ ATTEST: ~ If! %AA.J CITY LERK Approved by ~~ ~-(C;.o) City Attorney's Office I 307e-2(~5) I M~ Prepared by: Terry Trueblood, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 07-214 RESOLUTION SETTING A PUBLIC HEARING FOR AUGUST 21, 2007, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NAPOLEON PARK RESTROOM AND CONCESSION BUILDING, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21 st day of August, 2007, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection. Passed and approved this 24 th day of .Tuly , 20...!lL-. M 7//7/~7 ATTEST: .~~~. ~~ CITY LERK It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: Vanderhoef the Resolution be ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn x x x x x x x parl<slreslreslnapoleon parl< restroom public heanng.doc ..- M~8 Prepared by: Sara Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 RESOLUTION NO. 07-215 RESOLUTION OF INTENT TO CONSIDER THE PROPOSED CONVEYANCE OF THE VACATED PORTION OF COURT STREET RIGHT-OF-WAY BETWEEN CLINTON STREET AND CAPITOL STREET, AND SETTING A PUBLIC HEARING ON SAID PROPOSED CONVEYANCE FOR AUGUST 21, 2007. WHEREAS, University View Partners owns a parcel of land on the northwest corner of Clinton and Capitol Streets in Iowa City, Iowa; and WHEREAS, the City Council is considering an ordinance to vacate a portion of the right-of-way for the purpose of straightening the right-of-way along this street (VAC07-00003); WHEREAS, in conjunction with this vacation, University View Partners is now requesting that the City convey to it this vacated right-of-way; and WHEREAS, in exchange for this conveyance, University View Partners will convey to the City a parcel of privately-owned land, for use as public right-of-way, along Court Street of nearly equal size to the parcel being vacated by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to consider the conveyance of a portion of the Court Street right-of-way between Clinton Street and Capitol Street to University View Partners in consideration of University View Partners' conveyance of a nearly equal sized portion of property along this street to be used as public right-of-way. 2. A public hearing on said proposal should be and is hereby set for August 21, 2007 at 7 p.m. in Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 24 th day of .T1I1 Y ,2007. Approved by /7 ~C!;/~ City Attorney's Office 7/ps;:'? ATTEST: .7J~~..J f. ~} CITY LERK Resolution No. Page 2 07-?15 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x c'orreiR the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn I 07~07 I Prepared by: Sara Greenwood, Asst. City Attorney, 410 E. Washington Street, Iowa t\ity, IA 52240; 319-356-5230 ) / RESOLUTION OF INTENT TO CONSIDER THE PRO~O D CONVEYANCE OF T VACATED PORTION OF COURT STR T RIGHT-OF-WAY BETWEE CLINTON STREET AND CAPITOL ST ET, AND SETTING A PUBLIC H RING ON SAID PROPOSED CONV7YANCE FOR AUGUST 21, 2007. ' WHEREAS, Jeff ark owns a parcel of land the northwest corner of Clinton and Capitol Streets in I wa City, Iowa; and WHEREAS, the City uncil is consid ing an ordinance to vacate a portion of the right-of-way for the pur ose of strai tening the right-of-way along this street (VAC07-00003); NOW, THEREFO ,BE IT RESOL ED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: / i I 1. The City Cour}til does hereby declare its i ent to consider the conveyance of a portion of t~ Court Street right-of-way b tween Clinton Street and Capitol Street to J~'ff Clark in consideration of Je Clark's conveyance of a nearly equal sized portion of property along this stre t to be used as public right-of- way. WHEREAS, in conjunction 't this vacation, Jeff Clark is now requesting that the City convey to him this vacat right-of-way; and 2. A public hearing on said proposal should be and i hereby set for August 21, 2007 at 7 p.m. in Emma J. Harvat Hall at City Hal 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the ext meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published s provided by law. Passed and approved this day of ,2007. MAYOR ATTEST: CITY CLERK Approved by ~0-!j~ City Attorney's Office 7/1/17 Ii1to ~ Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-216 RJ;SOLUTION AUTI-IORIZING TI-IE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT TO LEASE CITY PROPERTY ALONG THE IOWA RIVER IN TERRELL MILL PARK FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF A BOAT HOUSE AND DOCK TO THE BOARD OF REGENTS, STATE OF IOWA FOR THE BENEFIT OF THE UNIVERSITY OF IOWA AND A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR THE BOATHOUSE FACILITY. WHEREAS, the City owns and controls property located along the Iowa River bank within the city limits of Iowa City, Iowa (hereinafter referred to as "Terrell Mill Park") as a park and recreational facility for the benefit and enjoyment of the citizens of the Iowa City community; and WHEREAS, the City and the University desire to enhance the recreational opportunities in Terrell Mill Park by constructing additional community facilities along the Iowa River bank; and WHEREAS, the University desires to provide additional athletic facilities for its intercollegiate and club rowing programs by constructing, operating and maintaining a boathouse and dock along the Iowa River bank; and WHEREAS, a public hearing was held and it is in the public interest for the City to lease a portion of Terrell Mill Park along the Iowa River to the Board of Regents for said facility and enter into a Memorandum of Understanding regarding the use of the facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Lease and Memorandum of Understanding attached hereto and made a part hereof are approved as to form and content. 2. The Mayor and City Clerk are authorized and directed to respectively execute and attest the attached Lease and Memorandum of Understanding in duplicate. Passed and approved this 24th day of .Tuly , 20-DL. ATTEST: fi~-.u:..J ~ ~~ CITY LERK Eleanor\res\UI Boathouse( approve ).doc Resolution No. Page 7 07-71(, It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x X Vanderhoef the Resolution be ABSENT: x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn . .. J Land Lease Between The City of Iowa City '001 and .3..,~ , the Board of Regents, State of Iowa for the benefit of the State University of Iowa This Lease is entered into this ~ ~ day of kt2007, by and between the City of Iowa City (hereinafter referred to as "City" or "Lessor") and the Board of Regents, State of Iowa, for the benefit of the State University of Iowa (hereinafter collectively referred to as "University" or "Lessee"). AUG Whereas the City owns and controls property located along the Iowa River bank within the city limits of Iowa City, Iowa (hereinafter referred to as "Terrell Mill Park") as a park and recreational facility for the benefit and enjoyment of the citizens of the Iowa City community; Whereas the City and University desire to enhance the recreational opportunities in Terrell Mill Park by constructing additional community facilities along the Iowa River bank; Whereas the University desires to provide additional athletic facilities for its intercollegiate and club rowing programs by constructing, operating and maintaining a boathouse and dock along the Iowa Rilver bank; Whereas the City desires to lease a portion of the Terrell Mill Park as described in Exhibit A as attached, which is incorporated herein (hereinafter referred to as "Premises") to the University and the University desires to lease the Premises from the City pursuant to the terms contained within this Lease, for. the construction of buildings, structures, improvements and fixtures on the Premises (hereinafter referred to as "Improvements"). In consideration of the mutual covenants of this Lease, the Lessor and Lessee (hereinafter collectively referred to as "Parties") agree as follows: 1. Premises. The City leases to the University and the University leases from the City subject to the terms, conditions, covenants and provisions of this Lease, the Premises, described and depicted on Exhibit A attached hereto, together with all rights, privileges, easements and the appurtenances belonging to or in any way pertaining to the Premises. The University agrees to lease such Premises "as is" and that the City shall not deliver any infrastructure support or services in addition to that which stands on the date this Lease is entered into unless mutually agreed to in writing by the Parties. City shall not interfere with or restrict vehicular access to the leased Premises or the adjacent parking lot. City shall provide access to the leased Premises by maintaining a park access road. I ,<I 2. Term. The term of this Lease shall be for a period of ninety-nine (99) years and shall terminate June 30, 2106, unless terminated earlier by mutual agreement of the Parties or extended by mutual agreement of the parties. 3. Construction of Restroom Facility. As partial consideration for the Lease from the City and in connection with the University's construction of the boathouse, the University will construct, at its expense, a separate restroom facility to be located outside of the leased premises and near the existing skate park. The design and exact location of said restroom facility shall be approved by the City's Director of Parks and Recreation. The free- standing restroom facility shall become the property of the City upon completion of construction. Upon completion of construction, the City will maintain said restroom facility. 4. Use of Premises and Improvements. The City acknowledges and understands that the University's objective in leasing the Premises is to construct, operate and maintain an intercollegiate rowing and training facility including amenities such as a dock, boat house with locker rooms and restrooms and parking facilities (hereinafter referred to as "Boathouse Facility"). The City agrees not to schedule any activities which will take place at the same time as officially scheduled activities, including, but not limited to, practice sessions, team training and regattas, of the University ofIowa's Rowing team(s), unless permission is specifically granted by the University of Iowa Director of Recreational Services, or his designee, such permission not to be unreasonably withheld. The parties' agreements regarding use of the facility shall be set forth in a Memorandum of Understanding (MOU) to be executed herewith and amended by the University of Iowa and the City as determined by mutual agreement. This lease is subject to and contingent upon the University of Iowa and City's execution of such an MOU. The University agrees to use the Premises only for the Boathouse Facility purposes and agrees that any material change in use shall require the prior written approval of the City, such approval shall not be unreasonably withheld. 5. City Approval of Design and Construction Plans. The City Council must approve the conceptual design of the Boathouse Facility. Prior to construction the plans and specifications for all improvements on the leased premises and the restroom facility to be constructed for the City by the University shall be approved by the City's Director of Parks and Recreation. 6. Rent. The University shall remit one dollar ($1.00) per year to the City to be paid on or before July 1 st of each year. 7. Ownership of Improvements. Improvements (including fixtures but not including items of personal property or athletic equipment) which the University constructs upon the Premises from time to time shall become the property of the City upon the termination of this Lease and any extensions or renewals hereof. 2 8. Repairs. MaintenaIlce and Alterations. The University, at its sole cost and expense, shall manage, maintain and promptly repair the Premises and Improvements, including without limitation, all building fixtures, heating, air conditioners, ventilating and plumbing apparatus, electric fixtures and equipment, parking areas, landscaping and river bank, and shall keep them in good order and condition. Upon completion of the construction of Improvements, the University shall not make any alterations, improvements or additions to the Premises or to Improvements (hereinafter collectively "Alterations") without the prior written consent of the City, such consent shall not unreasonably be withheld; provided, however, that the prior written consent of the City shall not be required for nonstructural interior Alterations. 9. Taxes. University shall be responsible for all real estate taxes and assessments that may be imposed upon the leased Premises. 10. Utilities. The University shall arrange for, at its sole expense, and shall pay to appropriate municipalities or utility companies all sewer rents and charges for water, gas, electricity, light and power, and any and all other services and utilities furnished to the Premises, Improvements or the occupants of them. 11. Insurance. University is a unit of the State of Iowa and as such is self-insured for tort liability. University shall be responsible and agrees to pay for any and all claims for wrongful death, personal injury, or property damage incurred by reason of the negligence of the University or its employees arising from activities under the terms of the Lease to the full extent permitted by Chapter 669, Code of Iowa, which is the exclusive remedy for processing of tort claims against the State of Iowa. To the extent permitted by the laws of the State ofIowa, University agrees to self-insure, insure, or be responsible for University's constructed Premises, leasehold improvements, alterations, additions or improvements, fixtures and personal property in or upon the Premises during the term of this lease. The University shall insure the buildings and improvements against damage from fire and extended perils for no less than 80% of full replacement value. 12. Permits. The University is responsible for all state and federal permits necessary for the Boathouse Facility and free-standing restroom facility, including compliance with permit requirements and payment of all permit fees and/or fines. 13. Erosion Control Methods. Any river bank erosion control necessary for the protection of improvements on the leased premises shall be the sole responsibility of the University with the City maintaining the right to approve the methods used by University to control such erosion. 14. Modification. All prior understandings and agreements between the Parties are merged within this Lease, which sets forth the understanding of the Parties. This Lease may not be modified other than by a written agreement signed by the Parties. --------------..-- - ---------..------ 3 IN WITNESS THEREOF, the Parties hereto have duly executed this Lease the day and the year first above written. CITY OF IOWA CITY, IOWA By: ATTEST: }n ~;-AA4'~ 1(. ~---" ~lerk ACJhCM City Attorney's Office 7 -JD ,./)7 THE UNIVERSITY OF IOWA By: eorge Hollins, Business Manager BOARD OF REGENTS, STATE OF IOWA FOR THE BENEFIT OF THE STATE UNIVERSITY OF IOWA 4 ." EXHIBIT A PREMISES DESCRIPTION: 5 EXHIBIT A LEASE AREA TERRELL MILL PARK IOWA CITY, IOWA W t- <{ o IN FEET ) ;'/',/ if ~\:~., '\ ' "/1; i / \.: \\ ;j J'l 9b"OO'Of W '\ 817\' ~ ,,. ~, (, //// l/ i /f:~~.li\\ ././ ( / ~-~,~J ./ ./ ./ ./ ./ ./ ./ ./" ./ ./ ./ ./ ./ ./ 200 I \ . ) ! / / , / o 50 ~ SCALE 100 I FO VAUlT{ -;';'c Oltl>,{. 0// r ',9 ./ ./' ./ ./ ./ ./ / / / ., f ~ \ \ \ \ \ \ \ I I I I I I I I I I / / / / / / /' POINT"',OF "- BEGINNING' ('oJ Qj E f= r-- o o ('oJ '-. ('oJ o '-. '<t o '0 E,',: -~), C [j~ <..') ~ o Lei (/) <{ w -' / 0> 3: "D / o I :n n <D <:) / Vl u OJ .0 Q:: / 0... /o~ ~ ~/V~1)l OJ .0 .D .~ A ~~~~~~~~~~ '" Moline, IL ' Bloomington, IL ' Chicago, IL http://www.shive-hattery.com ILLINOIS FIRM NUMBER: 184-000214 UI ROWING TEAM BOATHOUSE TERRELL MILL PARK IOWA CITY, IOWA DATE 3/7/07 SCALE 1"=100' PROJECT NO. 106351-0 SHEET NO. DRAWN APPROVED JSB FIELD BOOK JSB REVISION 1067 81.1 N Qj E ;.:: r-- o o N .......... N o .......... .q- o W l- <( o t.') $: o w (/) <( W -' ./ 0> ,. -0 ./ o I ifi n CO o ::;- U) u .'!<.. o 0:: ./ CL i Q) o .Q .~ EXHIBIT A LEASE AREA TERRELL MILL PARK IOWA CITY, IOWA DESCRIPTION That part of Government Lot 3 in the Southwest Quorter of Section 3, Township 79 North, Ronge 6 West of the 5th P.M., Iowa City, Johnson County, Iowa described as follows: Commencing os 0 point of reference at the center of said Section 3; thence North 90'00'00". West 817.5 feet along the South line of Government Lot 2 of the Northwest Quarter of S<1Jid Section 3 (assumed bearing for this description only); thence South 34'19'50". West 456.0 feet olong the Southeasterly line of "Troct 2" os described in the Warronty Deed ntcorded in Book 3692, Page 97-99 at the Johnson County Recorder's Office, to the point of beginning; thence continuing Sout~ 34'19'50" West 256.57 feet along said Southeasterly line to a point of intersection with the N<lrtheasterly bonk of the Iowa River; thence South 63'18' East 349.5 feet along said Northeasterly Bank of the Iowa River; thence North 35'00' East 138.0 feet; thence North 22'00' West 125.0 feet; thence North 55'00' Eost 224.0 feet to the point of beginning and containing 1.76 ocres more or less. ONL Y THESE COPIES OF THIS DOCUMENT SIGNED AND DATED IN CONTRASTING INK COLOR ARE TO BE CONSIDERED CERTIFIED OFFICIAL COPIES PER IOWA ADMINISTRATION CODE 193C-6.1(5) ",",....", ,...,.." \.~NO 8. ""~~ ''''e...~~..,... .II~...- ~'l. ~.a..~. . ,~ ~ ~L.~' . ~L'=' -~. -,-- : ~: Jonathon " ce. :. .-.1 .-."... :' Bailey : .. .. .. .. ; 12531 : ~. .. ~ ~. .. ~ ~, * ...... *.... ~~", lOW" ",.... """11""'" I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREP ARED AND THE RELA TED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY 0 CT PERSONAL SUPERVISION AND THAT I AM A DULY lICENS AND SUR WS OF THE STATE OF IOWA. NAME: DATE: 12531 MY LICENSE RENEWAL DATE IS: DECEMBER 31, 2008 PAGES, SHEETS OR DIVISIONS COVERED BY THIS SEAL: _ 81.1, 81.2 SHIVE ,HATTERY UI ROWING TEAM BOATHOUSE TERRELL MILL PARK IOWA CITY, IOWA DATE 3/7/07 SCALE 1"=100' Cedar Rapids, IA ' Iowa City, IA ' Des Moines, IA Moline. IL ' Bloomington, IL ' Chicago, IL hltp: / /www.shive-hotlery.com ILLINOIS FIRM NUMBER: 184-000214 DRAWN APPROVED JSB FIELD BOOK JSB RE VI SI ON 1067 PROJECT NO. 106351-0 SHEET NO. 81.2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR THE BOATHOUSE FACILITY This Memorandum ofi Understanding (hereinafter MOU) is entered into this ;;reL day of ~ u.~ \-, 2007, by and between the City of Iowa City (hereinafter referred to as "City") and the University of Iowa ("University"). Pursuant to the certain ,Land Lease dated f\u.ql.ls,+- do- , 2007, between the City of Iowa City and the State of Iowa, Board 'of Regents for the benefit of the State University of Iowa, (hereinafter referred to as the "Land Lease"), University has leased certain real property from the City for the construction, operation and m~intenance of a boathouse and dock along the Iowa River bank more particularly described in Exhibit A attached hereto (hereinafter referred to as "Boathouse Facility"). Whereas the intent of this MOU is for the City and the University to cooperatively provide a high- quality Boathouse Facility for tIse by constituents of the City of Iowa City and the University of Iowa. Further, the intent is to cooperaitively construct, operate, maintain and schedule the Boathouse Facility for the benefit of both Parties. IT IS AGREED between the City and University as follows: 1. Construction. Prior to copstruction the plans and specifications for all improvements on the leased premises and the restroo~ facility to be constructed for the City by the University shall be approved by the City's Director of parks and Recreation. 2. Ground Maintenance. Thie University shall be solely responsible for all maintenance of the leased premises, including but n~t limited to routine mowing, landscaping, river bank stabilization and snow removal, except that the City will take responsibility for routine mowing and snow removal if the City's Director ofParfs and Recreation determines that it is reasonable to do so. 3. Utilities. The University ~hall arrange for, at its sole expense, and shall pay to appropriate municipalities or utility c~mpanies all sewer rents and charges for water, gas, electrlcity, light and power, and any and all ot~er services and utilities furnished to the Boathouse Facility. The University shall not be re~ponsible for those utilities needed for the use and maintenance of any freestanding rest room fa~ilities not located within the Boathouse Facility. 4. Rental Fees. The Univer*ty shall not charge the City a rental fee for use of the Boathouse Facility for City-sponsored events~ The City shall reimburse the University any costs incurred by University to employ appropriate sec~rity and/or management personnel during any City-sponsored events. The City may, at its option, charge admission fees or entry fees to City-sponsored or co-sponsored events at the Boathouse F~cility and retain all revenues generated from said fees. Should the City and the University co-spollsor any events, a revenue-sharing agreement shall be reached prior to each event by mutual agreement between the University of Iowa Director of Recreational Services and the City of Iowa City Director of Parks and Recreation. 5. Scheduling of Boathouse I Facility. The City agrees not to schedule any activities in the Boathouse facility which will take place at the same time as officially scheduled activities, including but not limited to, practice sessiqns, team training and regattas of the University ofIowa's Rowing team, unless permission is spec~fically granted by the University ofIowa Director of Recreational Services, or designee, suoh permission not to be unreasonably withheld. The University shall provide the City written notice of such officially scheduled activities on or before June I sl for the next academic year. The exact dates and times needed by the City and the University shall be determined by March I of each year for spring/summer schedules, and by August 15 of each year for fall schedules, to be memorialized into a written schedule. These deadlines may be adjusted by mutual agreement between the University of Iowa Director of Recreational Services or designee and the City of Iowa City Director of Parks an~ Recreation or designee. Scheduling inquiries and/pr correspondence shall be directed to: University of Iowa I) Director of Recreatiqnal Services University of Iowa Redeational Services E216 Field House Iowa City, Iowa 52242 319-335-9293 phone City of Iowa City I) Director of Parks & Recreation Robert A. Lee Recreation Center 220 S. Gilbert Street Iowa City, Iowa 52240 319-356-5110 6. Park Hours. Official par~ hours as defined by the Iowa City code shall not apply to University use of leased premises. The University is hereby granted authorization to use the leased premises when Terrell Mill Park is otherWise closed per City Code. 7. Temporary Construction Easements and Use of Right-of-Way Agreements. The University shall obtain approval from the pty's Director of Public Works for use of city property or city right-of- way necessary for construction of the Boathouse facility and restroom facility. The Director of Public Works shall have tpe authority to execute such agreements for the temporary use of city . property or right-of-way qn behalf of the City. 8. Term and Amendment. This agreement shall be for the term of the parties' lease dated ~ u.'E>+ ~ I ~\ and may be ~ended at any time by mutual written agreement of the Parties. 9. Damages. The City shall pay for damages to the Boathouse Facility which occurs as a result of City-sponsored use of the IFacility. 10. City Responsibility. The City agrees to be responsible for, and shall indemnify and hold the University harmless from ~ll claims and damages that directly result from the negligent acts or omissions of the City, its ~mployees, or agents. II. University Responsibilitt. The University agrees to be responsible for all claims and damages that directly result from the n~gligent acts or omissions of the University, its employees, or agents to the extent permitted by Iowal Code Chapter 669. The University shall purchase and maintain comprehensive generalli~bility insurance with limits not less than 5 million dollars and shall provide the City with certificates of insurance evidencing such coverage and naming the City as an additional insured. FurtHer, the University agrees to require its construction contractors to include the University and the Ci~ as additional insureds on its polices relating to construction of the Boathouse facility and th~ restroom facility. The coverage of the University and University contractors required herein shall be primary coverage for all claims except those that directly result from the negligent acts or omissions of the City's agents and employees. i 12. Misc. Any parts of this aweement found invalid shall be deemed severable, and the remainder of the agreement shall have full force and effect. 13. Notice. Unless otherwis~ provided herein, all notices required or permitted herein shall be in writing and sufficient if ~livered personally, sent by facsimile transmission followed by another form of written notificati~n which is capable of providing proof of delivery, sent by prepaid overnight air courier, or s~nt by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: If to: University of Iowa 1) University Business O~fice 305 Plaza Centre One Iowa City, Iowa 52242 Attention: Business ManMer 319-335-1968 phone 319-353-1893 fax City of Iowa City 1) Director of Parks & Recreation Robert A. Lee Recreation Center 220 S. Gilbert Street Iowa City, Iowa 52240 319-356-5110 phone and 2} University of Iowa At~letics 338 Carver Hawkeye Are$a Iowa City, Iowa 52242 Attention: Director of At*letics 319-335-9435 phone 319-335-9333 fax 14. Security. The Universit)j shall be solely responsible and will arrange for, at its sole expense, the security of the leased premises. IN WITNESS THEREOF, the Rarties hereto have duly executed this MOU the day and the year first above written. CITY OF IOWA CITY, IOWA By: ATTEST: ~ City lerk Approved by: ~{.~ f~ I' -30 -07 . Date City Attorney's Office THE UNIVERSITY OF IOWA By: Exhibit A Boathouse Facility Description The new Boat Ho.use will be consttucted along the bank of the Iowa River in the current Terrell Mill Park. Terrell Mill Park is on the east bank of the lo~a River and located immediately north of the Park Road bridge. The City of Iowa City is providing the land and river iaccess as its way of supporting better community opportunities for recreation and use of the river. The facility will provide University t lOW. a Women's Rowing Team training facilities; including boat storage, locker rooms, ergometer training space, nd an indoor tank for year-round technique training, The facility will be shared with University of Iowa Recreation I Services Department who will support University and community rowing club programs. The Recreational Servi es Department will have and manage space within the building that includes separate boat storage, dressing a~d shower rooms, as well as a general use meeting room and an attached terrace. The project will also provi~e a separate structure that will be a public restroom for use by those visiting Terrell Mill Park. . The boat house building is compri~ed of two levels. The first level will have three boat storage bays and one bay for boat repairs. Also on the first level! will be the indoor rowing tank room, club office and atrium. The second level will have the ergometer training room, ~rainer's room, team locker rooms, coach's office, meeting room, custodial, outdoor terrace area, and public re~t rooms. The building materials consist of inlsulated architectural precast concrete, metal framed walls with fiber-cement composite cladding and glazed curttain wall systems. Precast concrete sandwich panels will consist of a structural interior layer, rigid board insulation jand an architectural concrete exterior veneer. Fiber-cement composite, rain screen, panels will be installed in a! grid pattern with slightly varying color. Behind these panels will be rigid insulation over a waterproof membrane applied to the exterior sheathing. The walls will be framed with heavy gage metal framing. The curtain wall wi~dow system will allow incorporation of sunshade devices - important for maximizing day-lighting potential ahd energy efficiency. The building size is 22,501 gross s8uare feet. ~0 Land Lease Between The City of Iowa City -and the Boa d of Regents, State of Iowa for the benefit of the tate University of Iowa Whereas the City owns and cont ols property loca 0 along the Iowa River bank within the city limits of Iowa City, Iowa (herei fter referred t as "Terrell Mill Park") as a park and recreational facility for the benefit and enj yment of th citizens of the Iowa City community; between the City of Iowa Regents, State of Iowa, for referred to as "University" or This Lease is entered into this City (hereinafter referred to as "City" r "Lessor") and the Board the benefit of the State University of I iWa (hereinafter collective "Lessee"). Whereas the City desires to ase a po . on of the Terrell Mill Park as described in Exhibit A as attached, which is inco orated herei (hereinafter referred to as "Premises") to the University and the University des' es to lease the emises from the City pursuant to the terms contained within this Lease, fo the construction buildings, structures, improvements and fixtures on the Premises (herei fter referred to as "I rovements"). provide additional athletic facilities for its structing, operating and maintaining a boathouse Whereas the City and University esire enhance the recreational opportunities in Terrell Mill Park by constructing additional 0 unity facilities along the Iowa River bank:; Whereas the University desires intercollegiate and club rowing programs b and dock along the Iowa River bank; In consideration of t e mutual covenants of this ease, the Lessor and Lessee (hereinafter collectively referred to as' arties") agree as follows: 1. Premises. The ity leases to the University and e University leases from the City subject to the. erms, conditions, covenants and pro . ions of this Lease, the Premises, describedtn I depicted on Exhibit A attached hereto, t gether with all rights, privileges, easements d the appurtenances belonging to or in an way pertaining to the Premises. The Univ sity agrees to lease such Premises "as is" an that the City shall not deliver any in~nftructur~ support or services in addit~on t~ .that hich st~ds on the date this Lease Iyentered mto unless mutually agreed to m wntmg by e PartIes. City hall not interfere with or restrict vehicular access to th leased Premises or the ent parking lot. City shall provide access to the leased Pre ises by maintaining a access road. I 2. Term. The term of this Lease shall be for a period of ninety-nine (99) years and shall terminate June 30, 2106, unless terminated earlier by mutual agreement of the Parties or extended by mutual agreement of the parties. 3. Construction of Restroom Facility. As partial consideration for the Lease from the City and in connection with the University's c c of the boathouse, the University will construct, at its expense, a separate re room facilit to be located outside of the leased premises and near the existing skate k. The design and exact location of said restroom facility shall be approved by the ity's Director 0 Parks and Recreation. The free- standing restroom facility shall b come the prope of the City upon completion of construction. Upon completion 0 construction, th City will maintain said restroom facility. 4. Use of Premises and Im roveme ts. The City cknowledges and understands that the University's objective in leasing e Premises 's to construct, operate and maintain an intercollegiate rowing and training acility incl ding amenities such as a dock, boat house with locker rooms and restroom and ping facilities (hereinafter referred to as "Boathouse Facility"). The City rees n to schedule any activities which will take place at the same time as officiall sche uled activities, including, but not limited to, practice sessions, team training and ga s, of the University ofIowa's Rowing team(s), unless permission is specifically r ted by the University of Iowa Director of Recreational Services, or his designe such permission not to be unreasonably withheld. The parties' agreements regarding us of the facility shall be set forth in a Memorandum of Understanding (MOU) to be e c ted herewith and amended by the University of Iowa and the City as determined y utual agreement. This lease is subject to and contingent upon the University f low and City's execution of such an MOU. The University agrees to use the Pre ises on for the Boathouse Facility purposes and agrees that any material change in us shall req ire the prior written approval of the City, such approval shall not be unreaso ably withhe d. 5. Cit A roval of Desi n d Constructio Plans. The City Council must approve the conceptual design of th Boathouse Fad ity. Prior to construction the plans and specifications for all im ovements on the Ie ed premises and the restroom facility to be constructed for the Cit by the University s 11 be approved by the City's Director of Parks and Recreation. 6. Rent. The Univers' y shall remit one dollar ($1. 0) per year to the City to be paid on or before July I st of e ch year. 7. Ownershi of I rovements. Improvements (inclu . ng fixtures but not including items of personal p%erty or athletic equipment) which th~ University constructs upon the Premises from ime to time shall become the property -o'Fthe City upon the termination of this Lease an any extensions or renewals hereof. I I / 2 8. Repairs. Maintenance and Alterations. The University, at its sole cost and expense, shall manage, maintain and promptly repair the P~_and Improvements, including without limitation, all building fixtures, heati ; air condit~oners, ventilating and plumbing apparatus, electric fixtures and equip nt, parking areaS landscaping and river bank, and shall keep them in good order and ondition. Upon c mpletion of the construction of Improvements, the University shal not make any alter ions, improvements or additions to the Premises or to Improveme ts (hereinafter colI tively "Alterations") without the prior written consent of the Ci , such consent sh 11 not unreasonably be withheld; provided, however, that the prio written consent the City shall not be required for nonstructural interior Alterationsi 9. Taxes. University shall be respo sible for all re estate taxes and assessments that may be imposed upon the leased Prem ses. 10. Utilities. The University shall arrange or, at its sole expense, and shall pay to appropriate municipalities or utilit comp ies all sewer rents and charges for water, gas, electricity, light and power, and y an all other services and utilities furnished to the Premises, Improvements or the occ p ts of them. II. Insurance. University is a unit of e State of Iowa and as such is self-insured for tort liability. University shall be respb sible and agrees to pay for any and all claims for wrongful death, personal injury, r p operty damage incurred by reason of the negligence of the University or its employes an ing from activities under the terms of the Lease to the full extent permitted by apter 69, Code of Iowa, which is the exclusive remedy for processing of tort claims gainst th State of Iowa. I J To the extent permitted by'the laws oft eState ofIowa, University agrees to self-insure, insure, or be responsiblelor University' constructed Premises, leasehold improvements, alterations, additions ci improvements, fixtures and personal property in or upon the Premises during the ~rm of this lease. The University shall insure the buildings and improvements again~ damage from fire d extended perils for no less than 80% of full replacement value. / 12. Permits. The Uqiversity is responsible for 11 state and federal permits necessary for the Boathouse Facility and free-standing restroo facility, including compliance with permit requirements ~d payment of all permit fees d/or fines. 13. Erosion Contfol Methods. Any river bank eros n control necessary for the protection of improvemerits on the leased premises shall be e sole responsibility of the University with the City maintaining the right to approve th methods used by University to control such erosi6n. 14. Modific~tion. All prior understandings and agreeme ts between the Parties are merged within t~ L~ase, which sets forth the understanding of the Parties. This Lease may not be modifiea other than by a written agreement signed by the Parties. 3 IN WITNESS THEREOF, the Parties hereto have duly executed this Lease the day and the year first above written. CITY OF IOWA CITY, IOWA By: ATTEST: Approved by: City Attorney's Office i/ i L/ ollins, Business Manager BOA OF REGENTS, STATE OF IOWA FOR HE BENEFIT OF TH STATE UNIVERSITY OF IOWA i i / i Gary Steinke, Executive Director i j J i / ! i 4 PREMISES DESCRIPTION: I ~ EXHIBIT A 5 EXHIBIT A LEASE AREA TERRILL MILL PARK IOWA CITY, IOWA ,.co C) ,:i:j o o 50 100 ~J-J I SCALE IN FEET PRELIMINARY 200 I POINT OF BEGINNING ..0., w E f= / / / / I I r--7 1- I L~~~I ~_J r-- o o 0J "- r-- o "- n o w >- -< Cl co ~ Cl /o~ ~ -9/V~-9 :n n <D o .::::- ~ u .92.., o ct / Cl.. " UI ROWING TEA'M BOATHOUSE TERRELL MiLL PARK IOWA CITY, IOWA A ~~~~:!l:~~ ~ Moline, IL ' Bloomington, IL ' Chicago, IL ",tIp: I/wwwshive-hctterycorn ILLINOIS FIRM NUMBER: 184-000214 DATE 3/7/07 SCALE "',,100' DRAWN JS8 FIELD BOOK 1067 APPROVED JSB REVISION '" o .D Vl, \ \ ~ CENTER SECTION 3- 79-6 FD. 5/8" IRON ROD PROJECT NO. 106351-0 SHEET NO. 81.1 EXHIBIT A LEASE AREA TERRILL MILL PARK IOWA CllY, IOWA That port of Governrnent Lot 3 in the S uthwest Quarter of Section ,Township 79 North, Ronge 6 West of the 5th P.M., Iowa Cit Johnson County, Iowa des ribed os follows: Cornmencing os 0 point of reference at he center of said Secti thence North 90'00'00" West 817,5 feet long the South line q{ Governrnent Lot 2 of the Northwest Quarter of said Section 3 (ass med bearing for th~ description only); ! thence South 34'19'50" West 456.0 feet long the Southe~terly line of "Tract 2" os described in the Warranty Deed recorded in Book 3 92, Poge 97-a9 at the Johnson County Recorder's Office, to the point of beginning; / I thence continuing South 34i9'50" West 2 .57 feet ..~Iong said Southeasterly line to a point of intersection with the Northeasterly bank of the low?,' River; thence South 63i 8' East 349.5 feet along aid,Northeasterly Bank of the Iowa River; thence North 35'00' East 138.0 feet; thence North or less. 22'00' West 125.0 feet; '^ L' 55'00' East 224.0 feet ;"e P ,int of beginning ond containing 1.76 acres rnore / ," ,. thence North n o 0Ci o .. ! ," v E f= / / / ,.... o o N '-.. ,.... o '-.. n o / I / / or THIS DOCUMENT SIGNED AND DATED IN CONTRASTING INK COLOR ARE ERTIFIED OFFICIAL COPIES PER IOWA ADMINISTRATION CODE 193C-6.'(5) W f-- <( o ; ; ! / .. '-" ;;:: o W (/) <( w --' ./'" 0' ~ o ./'" o I u=; n <.D o /' '" U <l) '0' 0: ./'" Q. / .. I I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPER\I1SION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE Of IOWA. SIGNATURE: NAME: Jonathon Bailey DATE: LICENSE NUMBER: 12531 MY LICENSE RENEWAL DATE IS: DECEMBER 31. 2008 PAGES. SHEETS DR DI\I1SIONS COVERED BY THIS SEAL: - B1.1, B1.2 UI RO ING TEAM BOATHOUSE T RRELL MILL PARK I WA CITY, IOWA PROJECT NO, 106351-0 ; SH:[~,HATrERY Cedar Rapids, IA ' Iowa City, IA ' Des Moines. IA Moline. IL ' BIoomIngtOf\ IL ' Chicago. IL http: j jwww.shive-hottery.com ILLINOIS FIRM NUMBER: 184-000214 DATE DRAWN APPROVED ~ .0 .D .!ll, 7/07 JSB JSB SCALE FIELD BOOK REVISION ,"=100' 1067 81.2 SHEET NO. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF I CITY AND THE RSITY 0 OW A FOR THE ATHOUSE FACI ITY This Memorandum of Underst ding (hereinafter MOU is entered into this _ day of , 2007, by and between the City of Iowa City (her mafter referred to as "City") and the University ofIowa ("University"). Pursuant to the certain Land L se dated , 2007, between the City of Iowa City and the State of Iowa, Board of Rege ts for the benefit f the State University of Iowa, (hereinafter referred to as the "Land Lease"), Un ersity has lease certain real property from the City for the construction, operation and maintenan e of a boathou e and dock along the Iowa River bank more particularly described in Exhibit A attac d hereto (her nafter referred to as "Boathouse Facility"). Whereas the intent of this MOU i for the C" y and the University to cooperatively provide a high- quality Boathouse Facility for use by co stituent of the City of Iowa City and the University of Iowa. Further, the intent is to cooperatively con ruct, erate, maintain and schedule the Boathouse Facility for the benefit of both Parties. ,I I. Construction. Prior to constructio h plans and specifications for all improvements on the leased premises and the restroom facilit~ to b constructed for the City by the University shall be approved by the City's Director of Parks d Rec ation. IT IS AGREED between the City and Univ 2. Ground Maintenance. The U iversity sh 11 be solely responsible for all maintenance of the leased premises, including but not mited to rou . ne mowing, landscaping, river bank stabilization and snow removal, except that e City will ta e responsibility for routine mowing and snow removal if the City's Director of Par lis and Recreation determines that it is reasonable to do so. I I 3. Utilities. The Universi~ shall arrange for, a its sole expense, and shall pay to appropriate municipalities or utility companies all sewer ents and charges for water, gas, electricity, light and power, and any and a~l other services and utili ies furnished to the Boathouse Facility. The University shall not pe responsible for those u 'lities needed for the use and maintenance of any freestanding rest ropm facilities not located wit in the Boathouse Facility. / 4. Rental Fees. The/University shall not charge the City a rental fee for use of the Boathouse Facility for City-sponsor~d events. The City shall reimbu e the University any costs incurred by University to employ apprqfJriate security and/or management\jJersonnel during any City-sponsored events. The City may, dt its option, charge admission fees or entry fees to City-sponsored or co-sponsored events at the Bhathouse Facility and retain all revenues generated from said fees. Should the City and the Univel~HY co-sponsor any events, a revenue-sharing agreement shall be reached prior to each event by mutual agreement between the University of Iowa Director of Recreational Services and the City of Iowa City Director of Parks and Recreation. 5. Scheduling of Boathouse Facility. The City agrees not to schedule any activities in the Boathouse facility which will take place at the same time as officially scheduled activities, including but not limited to, practice sessions, team training and regattas of the University ofIowa's Rowing team, unless permission is specifically granted by the Universityo . irector of Recreational Services, or designee, such permission not to be unrea ably withhel . The University shall provide the City written notice of such officially sch duled activities 0 or before June 15t for the next academic year. The exact dates and times needed by the City an the University shall e determined by March I of each year for spring/summer schedules, and by ugust 15 of each ye for fall schedules, to be memorialized into a written schedule. These de dlines may be adju ed by mutual agreement between the University of Iowa Director of Recr ational Services designee and the City of Iowa City Director of Parks and Recreation or designe . Scheduling inquiries and/or correspondence shal be directed tl University of Iowa I) Director of Recreational Services University oflowa Recreational Services E216 Field House Iowa City, Iowa 52242 319-335-9293 phone / City of Iowa City I) Director of Parks & Recreation Robert A. Lee Recreation Center 220 S. Gilbert Street Iowa City, Iowa 52240 319-356-5110 6. Park Hours. Official park hours as defined y the owa City code shall not apply to University use of leased premises. The University is her y grant d authorization to use the leased premises when Terrell Mill Park is otherwise closed pe City Code 10. Temporary Construction Easementts d Use of Rig t-of-Way Agreements. The University shall obtain approval from the City's Oir ctor of Public orks for use of city property or city right-of- way necessary for construction o~ he Boathouse faci ity and restroom facility. The Director of Public Works shall have the autl10rity to execute suc agreements for the temporary use of city property or right-of-way on belialf of the City. . / i Term and Amendment. Thi.i agreement shall be for t term of the parties' lease dated and may be afuended at any time by mut al written agreement of the Parties. Damages. The City sha.~ ~ay for damages to the Boath use Facility which occurs as a result of City-sponsored use oft)ie Facility. / City Responsibility. the City agrees to be responsible fi , and shall indemnify and hold the I University harmless'rom all claims and damages that dir ctly result from the negligent acts or omissions of the Cily, its employees, or agents. i i \ 7. 8. 9. 11. University Responsibility. The University agrees to be responsible for all claims and damages that directly result from the negligent acts or omissions of the University, its employees, or agents to the extent permitted by Iowa Code Chapter 669. The University shall purchase and maintain comprehensive general liability insurance with limits not less than 5 million dollars and shall provide the City with certificates of insurance ev' encing su coverage and naming the City as an additional insured. Further, the University agr es to require its construction contractors to include the University and the City as additional insu eds on its police relating to construction of the Boathouse facility and the restroom facility. The coverage of~e University and University contractors required herein shall be primary overage for all 91aims except those that directly result from the negligent acts or omissions of the ity's agents and' employees. 12. Misc. Any parts of this agreement found in alid shall be ,deemed severable, and the remainder of the agreement shall have full force and effe . I 13. Notice. Unless otherwise provided herein, a 1 notice~/required or permitted herein shall be in writing and sufficient if delivered personally sent 9Y facsimile transmission followed by another form of written notification which is capable ofpF6viding proof of delivery, sent by prepaid overnight air courier, or sent by registered or certified mail, postage prepaid, return receipt / requested, addressed as follows: . If to: University of Iowa 1) University Business Office 305 Plaza Centre One Iowa City, Iowa 52242 Attention: Business Manager 319-335-1968 phone 319-353-1893 fax / l ; I " i / I ; , I ;' / / / 2) University ofIowaf;letics 338 Carver Hawkeye ena Iowa City, Iowa 522~ Attention: Director if Athletics 319-335-9435 phon,cf 319-335-9333 fax / / 14. Security. The Wniversity shall be solely responsible security of the leased premises. / and City of Iowa City 1) Director of Parks & Recreation Robert A. Lee Recreation Center 220 S. Gilbert Street Iowa City, Iowa 52240 319-356-5110 phone d will arrange for, at its sole expense, the IN WITNESS THEREOF, the Parties hereto have duly executed this MOD the day and the year first above written. ------- --..... CITY OF IOWA CITY, IOWA By: ATTEST: Approved by: City Attorney's Office Date '. \ THE UNIVERSITY O~ IOWA ; I I / By: / George Hollins, ~usiness Manager /1 / II / I The new Boat House will be constructed along the nk of the Iowa River in e current Terrell Mill Park. Terrell Mill Park is on the east bank of the Iowa River and loc ted immediately north of t e Park Road bridge. The City of Iowa City is providing the land and river access as its ay of supporting better co unity opportunities for recreation and use of the river. The facility will provide University of Iowa Wome 's Rowing Team training f cilities; including boat storage, locker rooms, ergometer training space, and an indoor ank for year-round techni ue training. The facility will be shared with University of Iowa Recreational Services De artment who will suppo University and community rowing club programs. The Recreational Services Departme t will have and ma~ag space within the building that includes separate boat storage, dressing and shower roo s, as well as a gener use meeting room and an attached terrace. The project will also provide a separate tructure that will be public restroom for use by those visiting Terrell Mill Park. The boat house building is comprised of two level The first level ill have three boat storage bays and one bay for boat repairs. Also on the first level will be the indo r rowing tank oom, club office and atrium. The second level will have the ergometer training room, trainer's room, t am locker r oms, coach's office, meeting room, custodial, outdoor terrace area, and public rest rooms, The building materials consist of insulated architect al pretast concrete, metal framed walls with fiber-cement composite cladding and glazed curtain wall systems. pre,east concrete sandwich panels will consist of a structural interior layer, rigid board insulation and an architectu I ~bncrete exterior veneer. Fiber-cement composite, rain screen, panels will be installed in a grid pattern with s' tly varying color. Behind these panels will be rigid insulation over a waterproof membrane applied to th xterior sheathing. The walls will be framed with heavy gage metal framing. The curtain wall window system will II w incorporation of sunshade devices - important for maximizing day-lighting potential and energy effici ncy. I The building size is 22,501 gross square feet. II I I / I / / \ \ ~~ .~ L...1LJ Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION NO. 06-16 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. WHEREAS, in Resolution No. 06-16, City Council adopted a fee schedule and deposit requirements for sidewalk cafes; WHEREAS, the current schedule does not include fees and deposits when a cafe utilizes an elevated planter; and WHEREAS, the City desires to adopt a new fee schedule and deposit requirements for use of elevated planters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. Resolution No. 05-16 is rescinded in its entirety. 2. The following fee schedule and deposit requirements are hereby established for use of the public right-of-way by sidewalk cafes: a. Annual fee for sidewalk cafes located directly on the public right-of- way: $5.00 per square foot. b. Annual fee for sidewalk cafes located on a structure/platform (including cement platform) placed on the public right-of-way: $10.00 per square foot. c. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on the public right-of-way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk cafe that is not located on the elevated planter: $5.00 per square foot. d. Deposit for sidewalk cafes which place anchored fencing in the public right-of-way: $200.00. This deposit shall be refunded if the right-of- way, and planter if applicable, is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. e. Deposit for sidewalk cafes which place a structure/platform (including cement platform) on the public right-of-way, regardless of whether anchored fencing is used: $500.00. This deposit shall be refunded if the structure/platform is removed, and the right-of way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. f. Deposit for sidewalk cafes which utilize an elevated planter in the public right-of-way: $1,000.00. This deposit shall be refunded if the platform is removed, and the right-of-way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. g. If the initial easement agreement is for less than one year, the fees listed in Paragraphs a, band c above shall be prorated on a quarterly basis. Passed and approved this day of ,2007. MAYOR ATTEST: CITY CLERK ApprovedJ>Y: ~ ~ t-(<) --0-1-- City Attorney's Office ~~ ~ L.!L..I Prepared by Susan Dulek, Ass't City Attorney" 410 E. Washington S1., Iowa City, IA (319)356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY AMONG THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.C. D/B/A THE SALOON FOR A SIDEWALK CAFE. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Saloon of Iowa City, L.C., d/b/a the Saloon, as tenant, applied for a temporary use of the public right-of-way at 112 E. College Street, Iowa City, Iowa for a sidewalk cafe that will utilize elevated planters; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way in a license agreement for temporary use of public right-of-way ("license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest the attached license agreement. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this day of ,2007. MAYOR ATTEST: CITY CLERK Approved by: ~ t-I~-0~ City Attorney's Office 2007 LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND SALOON OF IOWA CITY, L.C., D/B/A THE SALOON FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT 112 E. COLLEGE STREET, IOWA CITY, IOWA This Agreement is made between Tenant Saloon of Iowa City d/b/a/ the Saloon and the City of Iowa City, Iowa, a municipal corporation, with the written consent of the Landowner. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Tenant ("Tenant" or "Applicant") has applied for temporary use of the public right-of- way as a sidewalk cafe and Landowner has consented to said application; and WHEREAS, City staff has examined the request for a sidewalk cafe and found same to be in substantial compliance with City regulations; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: 1. Landowner Maureen Mondanaro owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: 112 E. College Street, low~ City, Iowa; and Landowner has given Applicant permission to operate a sidewalk cafe as herein provided. 2. Applicant occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. 3. City staff has reviewed Applicant's proposed use of a portion of the right-of-way and finds Applicant's proposed use to be in compliance with the requirements of City Code Section 10-3-3, Use For Sidewalk Cafes. 4. Based on this review, the City now finds Applicant's proposed use of public right-of-way to be in the public interest, and that it is appropriate to permit Applicant's temporary use of the public right-of-way as a sidewalk cafe in accordance with this Agreement, including the Schematic Diagram approved in Applicant's application, and subsequent amendments if any, and also in conformance with all applicable local regulations concerning sidewalk 2 cafes. The term of this agreement is from the date of execution to January 31, 2008, and Applicant may not operate a sidewalk cafe after January 31, 2008 without renewing this agreement. 5. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. 6. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. 7. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purposes, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, and that the Applicant shall not be entitled to any compensation should the City elect to do so. 8. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, .of whatever nature, including payment of reasonable attorney fees, arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe, from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. 9. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maint~in said sidewalk cafe in accordance with the Schematic Diagram defined in Paragraph 4 above. Access and egress routes shall be maintained so that crowd management, security, and emergency services personnel are able to reach any individual without undue hindrance. Applicant shall insure that there are minimum seating clearances of thirty-one (31) inches from each table's edge to the wall, stair nosing or 3 other obstruction and fifty (50) inches from the table's edge to table's edge, adding one- half inch of width for each foot that the farthest chair exceeds twelve (12) feet to an aisle or exit. 10. Applicant agrees that its use of fencing and tables and chairs is consistent with the Schematic Diagram defined in Paragraph 4 above and that any change in said Schematic Diagram must be submitted in writing and approved by the City. Fencing shall not be more than three (3) feet in height, measured from the plane on which the chair sits to the top of the railing excluding finials. Applicant shall either remove all outdoor furnishings and equipment when the sidewalk cafe is not operating, or shall secure them in such a manner that they may not be removed from the sidewalk cafe area. 11. Requests for revisions or amendments to this Agreement, which may require submittal of revised Schematic Diagram(s) by Applicant, shall be reviewed by City staff and formally approved by the City Council. 12. Intentionally left blank. 13. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way. In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal and temporary storage to the Applicant and/or landowner. Upon nonpayment of said charges, the removal costs may be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12 (2)(e), Code of Iowa (2007), as amended. 14. ROW restoration. In the event this agreement is not renewed in 2008, Applicant and/or Landowner shall restore the right-of-way area and planters by April 15, 2008 to such standards as required by the City Engineer. Applicant and Landowner shall be responsible for any damages to the right-of-way and planters, including but not limited to cracking, splitting, and tilting of the limestone, caused by the placement of the fencing and/or platform. A deposit of $1,000 shall be required prior to the placement of the platform, and shall be returned when the planters and right-of-way are restored to their prior condition as determined by the City Engineer. If Applicant and/or Landowner fails to 4 restore the right-of-way and planters to the standards required by the City Engineer, the City may do so and apply the deposit to the cost thereof. 15. Limestone. Applicant shall not cut or drill into the limestone and shall not attach or secure the platform, fencing, handrail, or any other item to the limestone. 16. Platform and Subsurface. Applicant is responsible for cleaning and maintaining the platform. Applicant may leave the platform in place after the termination of this agreement if it intends to renew the application in 2008. Applicant shall notify the City Engineer at least five (5) business days prior to the date of installation or removal of the platform, specifying the date of such installation or removal, to permit the City Engineer to inspect the installation and removal of the platform and fencing and to inspect the condition of the right-of-way. Construction of the platform and fencing shall be under the direction and subject to the approval of the City Engineer. Said direction shall consist of inspection of work in progress and is limited to the protection of City interests, such as tree roots, limestone walls, paving surface, lighting and utilities. Said direction and approval shall not relieve or release the undersigned of its responsibility to construct the platform and fence in accordance with all applicable laws and the approved design. Should outdoor furnishings and equipment be stored on the premises, Applicant shall obtain prior approval from the City Fire Department as to such storage and storage location, to insure that such storage does not interfere with ingress or egress, fixtures associated with fire detection and suppression, utility shut-offs or use of mechanical equipment rooms. The Applicant is responsible for all routine maintenance of the area below the platforms including cleaning, and weed and pest control. 17. Electrical outlet. All electrical outlets located in either planter shall be raised as required by the City Engineer and shall be shown on the schematic drawing. The Applicant may use the electrical outlets at no cost. Applicant must make the electrical outlets available for holiday lighting and for City use. 18. Sewer. water main. water service line. water spiQot. The water main, water service line and water spigot shall be maintained as shown on the schematic drawing. Valves for the water main and water service line shall have an easily accessible hatch for City use. Use of the water spigot by the Applicant is limited to watering vegetation in the planters. The City shall have easy access to the spigot at all times. The City may remove the Applicant's improvements without notice or compensation if necessary for the emergency repair of underground utilities. 5 19. Veqetation. Applicant shall not remove any vegetation from the planters without providing the City with two weeks notice. During said two weeks, the City may, but is not obligated to, remove any vegetation, and Applicant is responsible for removing all vegetation thereafter. Applicant is responsible for selection, planting and maintenance of all vegetation in areas of the planters not encumbered by the platforms. Applicant shall not apply any herbicide to the vegetation without obtaining the permission of the City Forester or designee and shall comply with all state laws regarding the application of herbicides. If this agreement is not renewed in 2008, all vegetation planted by Applicant becomes the property of the City. Vegetation means all plants and bushes except for trees. 20. Trees. Applicant shall not remove any tree located within the elevated planters. Applicant shall not cut any tree root one (1) inch in diameter or larger. Applicant shall maintain a three (3) inch clearance from the tree grate to the tree trunk. If any tree dies as the result of Applicant's use of the planter, Applicant will replace the tree with a similar caliber tree approved by the City Forester. Applicant shall allow access to all trees for holiday lights. 21. Trellis. Applicant is not required to remove the trellis, fence, or railing after December 1, 2007. Applicant shall promptly repair any damage to the trellis. 22. Miscellaneous. Applicant shall remove the ash tray located in the planter and deliver it to the City. Applicant shall not use City trash receptacles located in City Plaza for sidewalk cafe related waste, but shall dispose of all waste privately. The brick area between the two planters shall be constructed consistent with the City plans and specifications, if applicable, for City Plaza, and no construction shall begin without the approval of the City Engineer, The tables and chairs shall not be stored over night on the platforms beginning December 1, 2007. 23. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 07/18/2007 16:52 3193565eJeJ8 CITY IF IC LEGAL PAGE 1'l7/1'l8 6 24, Should any section of this agreement be found invalid, it is agreed that the remaining portions snail continue in full force and effect 88 though severable from the invalid portion. Dated this 18 day of ~"'l , 2007. CITY OF IOWA CITY, IOWA By Ross Wilburn, Mayor Attest: Marian K. Karr, City Clerk i APP~~ ~-'<1~ol City Attorney's Office TENANT ACKNOWLEDGMENT IN A REPRESENTATIVE CAPACITY STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2007 by (name(e) of person) ali (type of authority, e.g, officer, trustee, etc.) of Saloon of Iowa City, L.C. Notary Public in and for the State of Iowa My Commission expires: 2"d 800S9S[:0l l:92SbS[6l:[ O~~N~ONOW Wlr:WO~j bl::Ll: L002-8l:-lnr ~7/18/2887 16:52 31<33565888 CITY OF Ie LEGAL PAGE 138/68 7 LANDOWNER ACK"NOWlEDGMENT IN AN INDIVIDUAL CAPACITY STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on MOnQanam. , 2007 by Maureen ~ My Commission expires: h~. A. RUSSl:LLSCHMEISER ..... 40se05 - My Commluon ElcpIIes ~... ~ _ A. .1 5. 2009 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 2007, before me, . a Notary Public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K KarT, to me personally known, and, who, being Dy 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 Resolution No. passed by the City Council on the day of ,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, Notary Public in and for the State of Iowa My commissIon expires: SW Cafo Saloon l:"d 800S9S[:01 l:92SbS[6l:[ Od~N~aNOW Wlr:WOd~ bl::Ll: L002-8l:-lnr SUMMARY RESTAURANT (LVL 1) A-2 2,248 SF APARTMENT (LVL 2) R-2 927 SF 1 HOUR SEPARATION BETWEEN USES CONSTRUCTION TYPE- IIIB FULLY SPRINKLED PLUMBING FIXTURE REQUIREMENT MALE (RESTAURANTS WHICH SERVE ALCOHOL) 60 FEMALE 60 WATERCLOSETS... URINALS.... LAVATORIES... . 2 (STAFF RESTROOMS PROVIDED ON LOWER LEVEL) 6 12 BAA INTERIOR OCCUPANTS OUTDOOR OCCUPANTS 87 PEOPLE 33 PEOPLE 120 TOTAL OCCUPANTS 6 6 6 5 4 4 / PATH OF EGRESS WOMEN'SRR 133 SF MEN'S RR 131 SF DRAFT 90 SF/15 = 6 PEOPLE ~ BOOTHS: 138 LF/2 ~ 69 PEOPLE BAR - SEATING: 23.5 LF /2 ~ 12 PEOPLE TOTAL NON-STAFF INTERIOR OCCUPANTS ~ 87 OUTDOOR DINING AREA: 495 SF/1S = 33 OCCUPANTS OVERHEAD CONNECTING LINK AREA UNDER OVERHEAD CONNECTION AND BETWEEN PLANTERS ~ 279 sf (Q) \ -----7-----7---- RENOVATION Sheet No: 112 E. COLLEGE ST. nlE. COllEGE SI ,OWA cll','A sn~o Project No.: 06.031 Date: 07.18.07 A-0002 DRAF~f l ~ J = lLD VERll " 2 4 JJ / / / A1 PATIO PLAN 3/16"=1'-0" l / EXISTING (NON FUNCTIONING) / UPLlGHTTO REMAIN F RELOCATE EXISTING /1 ELECTRICAL OUTLET ~ N b Co ===========R==== ~, I' II ,I ',-:......-__ / ", 1\ J;,'STL.RODS@16' ~I: ", ---""i'----2~..,\ ______ 2"X2"X'Xs' STL. TUBE FRAME ON RADIUS RADIUS WELDED II ", / \( BTWN FRAME; TYP, It.- -----"~f--------.,rl II ............ 11'........ ;' II f :: "" / "'</ \\ HATCH INDICATES AREA OF GRADE ADAPTATION. RELOCATE EXISTING II /', ,/ ",,, MAINTAIN POSITIVE DRAINAGE 9MAX. SLOPE 1 :20) ELECTRICAL OUTLET, NOTCH GRATING :: / >: ,~ WATER VALVES _ DO NOT OBSTRUCT ACCESS :: ~~-::_-// "'</ \1 CORNER POST EXTENDED UP TO OVERHEAD LINK 2,Jr" I .... II 23'-0" - 11 spaces @2'-0., 1 space@ 1'-0" II ______./__ -:::4' 2" . I _---- / " 34'-0" - 17 spaces @ 2'-0" panels sizes / " NOTCH GRATING AT EXIST HYDRANT , ,/ ///)~\ &VALVE'L1FT;AILV~CIAP~IFF;I_ ;lanel~SizeS9 '" ::-:1<_ I II cry en O'J 0) C1l (01 <01 <D -.... I II _x X X X X X X X ~~~~~~~ ~ ] _ _ _ _ EXISTING BE - -. _ ELEVATE 3%" TO / ---- ____._ MAKE 7" STEP ON TO PLANTER 7" - - - _ EXISTING LIGHT POLE / (MAX 1 Y.;;ELEW\TIOt{9~~GE) / ~~ ~ / MAKE FLUSH wrtH- PLANTER / SL9PE AS REQUIRED 2' ~I :rb ~;;;I x x 99 NN ~ .+ b. '79 m(o xx 99 NN + ~~I xx 99 NN NOTE: COORDINATE ELVATI()Nl:11 BASE WITHIN PLANTER TO AVOID TREE ROOTS. NO ROOTS GREATER -nfAN 1" DIAMETER WILL BE DISTRUPTED. TIMBER BASE WILLBtN~.<?R MODIFIED AS REQUIRED. 7 7 ~ '" x <;> N ~@ ~ 77 ---- 4X6 TREATED PLATE @ 2'-11" -E'].ATES TO BE SET IN STABLE SoIL-,.,sOl/E TREE ROOTS. DO NOT DAMA - Tl'lE~-RQOJ~ / RELOCATE EXISTING .J / ELECTRICAL OUTLET -'7 / / EXIS~I~~ASTE RECEPTACLE 7v ELEVATION CHA/ 1 / ~I 2' / / II / / 7" "7 A-OOO.3 7 - - Dote: 07,18.07 7' SALOON PATIO 05.031 No. Projec NEUMANN MONSON ARCHIT C S / / /..../1 II II 7/ II 70r..-r -)CXJA - x I'D eA~ ~~e/I"'''.c. .. PLAIN ?~ (\JN~NN\l::.ID) - WB'-'t;;JW ~\?IN?t . NbN- 4-tP.;u~ (ME~) · FANU <'7\Z~ Ne1t::V CJNft,~S ( V'S~t7e-\.?) Pf<IN.~ 16,,~I1::W.~_,"f - ~"'t""rb F..LAC.'~) 0J , ... '- / I ~l( l5'P ("'If,.") PI . . Hc-/J Ie-HoL.s ~1ZA.TIN6J ?o<S:>T "Tl.(PE;:.<;:'~, II W,"t /~ O,~"/J' FlI"'E. ~j 2. "'.2 ,. )>(",\. -~ f"l>t."r tlI ~ /; (j)~ ~. . ~><b...j(bt{ , ;<"C ~ flA n;:. "" -Ii' "', '(~""'~) 41"'''' , #= I "?1_dIA~f. .L 01 t/~ cp- [!)~ -Pt:>$r:e., .f-OIl(9oc.. I.A~ DETAILS NTS A1 '::t"( ~ A2 '9...., HA,Np I'<I><\.L... ~ - ('oNT. IU~ 2,. 2. "-U", \I JV~ eN f2A{/1 \Jo? ~lt fZ.t;>D e I2ANt::tJN L.,t>.'rOUI ~ €..><T12N~ UP r'fZvN\, " DETAILS NTS ~W~~af ~FrIT Eo ~D' (~~, . A-0004 Sneet No; 07.18.07 Dale: SALOON PATIO 06.031 Project No. NEUMANN MONSON ARCHITECTS .. fIOIl~~IO"'.1 cO"O'."OM 2711. COlllGf ST IOWA ell', ,.. .112_0 DRAFT - A-ODDS 07.18.07 DRAFT Dote: SALOON PATIO 06.031 Project No. ~ "~ NEUMANN MONSON ARCHITECTS CANOPY NTS ~ )I A1 ~ LiW Prepared by: Sara Greenwood, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-217 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA REGARDING THE CONSTRUCTION OF THE GRAND AVENUE STREET IMPROVEMENTS PROJECT. WHEREAS, on May 3, 2005, the Iowa City City Council passed Resolution No 05-172 approving an agreement with the University of Iowa regarding certain obligations involving the Grand Avenue Street Improvements Project ("Project"); and WHEREAS, the City of Iowa City and the University of Iowa now desire to coordinate design and construction of the Project and memorialize the financial responsibilities necessary to complete the Project; and WHEREAS, the City of Iowa City and the University of Iowa are agreeing to certain obligations with respect to the improvements to be made and responsibility for the costs of said improvements, all as set forth in a Memorandum of Understanding attached hereto; and WHEREAS, said improvements will benefit both the City of Iowa City and the University of Iowa. 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 in duplicate the attached Memorandum of Understanding with the University of Iowa, 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. Passed and approved this ?4 1"n day of ~dbY - ~ 'dfa f/~,,~ City Attorney's Office 7/ lek7 ATTEST: /tc~~u-J ~ kdN/) CIT LERK Resolution No. Page 2 07-217 It was moved by Correia and seconded by 0' Donnell adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn Prepared by: Sara Greenwood, Assistant City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA REGARDING THE CONSTRUCTION OF GRAND AVENUE IMPROVEMENTS IN IOWA CITY. THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City", and the University of Iowa, hereinafter referred to as "University". WHEREAS, City and University desire to jointly construct Grand Avenue Improvements in an area including Grand Avenue and South Grand Avenue in Iowa City, hereinafter referred to as the "Project"; and WHEREAS, the "Project" covers the road and associated infrastructure such as storm sewer, sanitary sewer, and steam tunnel; and WHEREAS, City and University desire to enter into a Memorandum of Understanding (hereinafter "MOU") outlining their respective duties and responsibilities regarding said Project. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Purpose. The purpose of the agreement is to coordinate design and construction of the Project and to establish the financial responsibilities of each party. II. Consideration. The mutual consideration herein is the undertaking of the Project and agreement to the terms herein. III. No separate leQal entity. No separate legal entity is created by this MOU. The City Council will administer the City's duties hereunder. IV. Proiect Phases and Responsibilities. A. Project Letting. 1. Proiect Development. The construction design process shall be a collaborative effort between City and University. The parties agree to hold regular design meetings with the Engineer to finalize the design of the Project. 2. Award. The project will be constructed as a single project and bid in such manner. Both the City and the University will approve plans and specifications for the entire project. The City will award a construction contract in the City's standard form and executed by the City. Action by City to authorize the project to proceed to advertisement for bids shall be contingent on the University's concurrence. 3. Assurances of FinancinQ. Prior to advertisement for bids, City shall take such actions as are necessary, and can be completed at that stage of the process, to assure its ability to finance its share of the costs including provisions for overrun costs. If the City and University determines that the other entity's financial assurances are acceptable, it shall take action to authorize the project to proceed to advertisement for bids. 4. Payment of Invoices and Reimbursement to the University. City will act as the lead agency for the project and will supervise construction. Upon presentment of an invoice for construction costs, the University shall review the same and shall make payment in the ordinary course upon approval promptly thereafter. B. Financial Responsibility for Construction Costs. 1. Allocation of Costs. The parties will be responsible for the costs of construction including engineering services, inspection, and construction administration as follows: a. University - $130,000 of Project. b. City - Total Project costs less $130,000. 2. Construction costs are estimated at $340,929.48 V. MISCELLANEOUS 1. Duration. This agreement shall continue in force until the final acceptance of work is made by the City Engineer and final payment has been made pursuant to the terms hereof. 2. Dispute Resolution. Matters in dispute or subject to interpretation shall be first submitted to the parties for resolution prior to either party pursuing administrative or judicial remedies. In the event such matters must be submitted to the parties, they shall be submitted specifically to the City Manager of the City of Iowa City, as representative for the City, and to a duly appointed representative for the University, who will both make a good faith effort to resolve the dispute. Dated this 24 th day of .July ,2007. FIOWA ATTEST: +~~.J t: ~J Marian K. Karr, City Clerk City Attorney's Office 2 -It I ;}- Prepared by: Sara Greenwood, City Attorney, 410 E.Washington Street, Iowa City, IA 52240 (319) 356-5030 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA REGARDING THE CONSTRUCTION OF GRAND AVENUE STREET IMPROVEMENTS IN IOWA CITY. THIS AGRE MENT is made by and between the City of Iowa City, Iowa, corporation, h einafter referred to as "City", and the University of Iowa, herein as "University". WHEREAS, City an University desire to jointly construct Grand Avenue reet improvements in an area including Gr~d Avenue and South Grand Avenue in Iowa C' ,hereinafter referred to as the "Project"; and \ \ WHEREAS, the Project '~cludes the road and associated infr tructure such as storm sewer, sanitary sewer, and steam ~nnel; and , WHEREAS, City and Univ rsity desire to enter in a Memorandum of Understanding (hereinafter "MOU") outlining t ir respective duties a responsibilities regarding said Project. I. nt is to coordinate design and construction of the esponsibilities of each party. NOW, THEREFORE, IT IS AGR ED AS FOLLO S: II. Consideration. The mutual co ideration herein is the undertaking of the Project and agreement to the terms herei III. No separate leoal entity. The City Council will administer t IV. Pro'ect Phases and A. 1. Pro'e Develo ment. The construc 'on design process shall be a collaborative effo between City and University. he parties agree to hold regular design m tings with the Engineer to finalize t design of the Project. 2. i Award. The project will be constructed as a single project and bid in such /manner, Both the City and the University will approve plans and specifications I' for the entire project. The City will award an execute a construction contract on the City's standard form. Action by City to uthorize the project to proceed to / advertisement for bids shall be contingent on tH University's concurrence. i / Assurances of Financino. Prior to advertisemen for bids, City shall take such actions as are necessary, and can be completed a that stage of the process, to assure its ability to finance its share of the costs incl ding provisions for overrun costs. If the City and University determines that the other entity's financial assurances are acceptable, it shall take action to authorize the project to proceed to advertisement for bids. 4. Pa ment of Invoices and Reimbursement to the Universit . City will act as the lea gency for the project and will supervise construction. Upon presentment an inv ice for construction costs, the University shall review the same and all make pa~ment in the ordinary course upon approval promptly thereafter. "\, B. Financial Resporl$ibility for Construction Costs. 1. Allocation of Costs. The parties will be responsible for the co s of construction including engin~ring services, inspection, and constructi administration as follows: 1. Duration. This agreement sh II ontinue in force until the final acceptance of work is made by the City Engin er and final payment has been made pursuant to \ the terms hereof. \ \ Dispute Resolution. Ma rs in di~te or subject to interpretation shall be first submitted to the partie or resolutio prior to either party pursuing administrative or judicial remedies. the event su matters must be submitted to the parties, they shall be subm. ed specifically to ~he City Manager of the City of Iowa City, as representative for the City, and t~\a duly appointed representative for the University, who ill both make a good fal\h effort to resolve the dispute. \ a. University - $130,000 of Project. b. City - Total Projed,costs, less $130,000. 2. Construction costs are est\mated at $340, \ v. MISCELLANEOUS 2. Dated this \ \ ,2007. \ UNIVERSITY o'E: lOW A By: George M. Hollin\ Business Manager CITY OF IOWA CIT \ \ \ \ \ \ \ \ \ \ 2 ~~'~ ;Ji I /~ ,J Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 RESOLUTION NO. 07-21R RESOLUTION TO ADOPT THE IOWA CITY HOUSING AUTHORITY'S AMENDED PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY POLICY (ACOP). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of the Admissions and Continued Occupancy Policy (ACOP); and WHEREAS, the Public Housing program will benefit from the adoption of an amended ACOP that updates the Housing Authority's tenant selection and assignment plan to allow police officers to reside in public housing for purposes of increasing security for public housing residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, lOW A, THAT: 1. The amendment of the Iowa City Housing Authority's Admissions and Continued Occupancy policy (ACOP), which is attached, be adopted as the policy of the Iowa City Housing Authority; and, 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 24th day of July ,20~. R Pro).;!em Approved by ~~ ATTEST: 7J~--z<.J~ Id~ CITY LERK City Attorney's Office Resolution No. Page 7 07-?lR It was moved by 0' Donnell and seconded by r.hampi on adopted, and upon roll call there were: the Resolution be AYES: x x x x NAYS: ABSENT: x x y Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 10.8 Occupancy by police officers to provide security for Public Housing residents (24 CFR 960.505) The Iowa City Housing Authority may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing unit. At the sole discretion of the Housing Authority, a Public Housing unit may qualify if the following conditions are met: 1. The unit is located in a neighborhood that contains at least 5 Public Housing units; 2. Existing public housing tenants have expressed a concern regarding the health, safety or right to peaceful enjoyment of the neighborhood and have undertaken reasonable action available to all neighborhood residents to mitigate their concerns; 3. The Housing Authority confirms that the neighborhood is experiencing activities that are threatening the health, safety or right to peaceful enjoyment of the neighborhood by Public Housing tenants. 4. The occupancy is needed to increase security for public housing residents. Note: No more than two (2) public housing units may be occupied by police officers at any given time. A "police officer" is a person employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government The terms and conditions of occupancy are: 1. The Housing Authority will determine the rent, but the rent will not exceed the HUD published Fair Market Rents per unit bedroom size; 2. The tenant will pay all utilities; 3. The lease period is on a month-to-month basis; 4. The tenancy is not employment related. ,~ 1 -~= -~ !~W~'t ~ ~lIII.~ ~: CITY OF IOWA CITY MEMORANDUM , -07;;~7 Date: July 18, 2007 Re: City Council Steven J. Rackis, Housing Administrator Updates and amendment to the Iowa City Housing Authority's Admissions and Continued Occupancy (ACOP) Plan To: From: For the purpose of increasing security for residents in public housing development, the Federal Department of Housing and Urban Development (HUD) provides Housing Authorities the discretion to allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. Staff recommends the Housing Authority implement this policy when Public Housing residents report an increase of activities in their neighborhood that affects their health, safety and right to peaceful enjoyment of their premises. Such incidents would include, but are not limited to, harassment, vandalism, drug and alcohol related activities, weapons, and gang activity, where increased police and Housing Authority patrols have not mitigated the situation. We feel compelled to take whatever steps necessary to protect our residents and create a positive impact on the neighborhoods in which our units are located. We believe the "presence" created by housing a police officer in a neighborhood will create the necessary positive impact for our tenants and will enhance all residents' right to the peaceful enjoyment of their neighborhood. Therefore, we propose adding the following section to ACOP: 10.8 Occupancy by police officers to provide security for Public Housing residents (24 CFR 960.505) The Iowa City Housing Authority may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing unit. At the sole discretion of the Housing Authority, a Public Housing unit may qualify if the following conditions are met: 1. The unit is located in a neighborhood that contains at least 5 Public Housing units; 2. Existing public housing tenants have expressed a concern regarding the health, safety or right to peaceful enjoyment of the neighborhood and have undertaken reasonable action available to all neighborhood residents to mitigate their concerns; 3. The Housing Authority confirms that the neighborhood is experiencing activities that are threatening the health, safety or right to peaceful enjoyment of the neighborhood by Public Housing tenants. 4. The occupancy is needed to increase security for public housing residents. Note: No more than two (2) public housing units may be occupied by police officers at any given time. A "police officer" is a person employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government The terms and conditions of occupancy are: 1. The Housing Authority will determine the rent, but the rent will not exceed the HUD published Fair Market Rents per unit bedroom size; July 18, 2007 Page 2 2. The tenant will pay all utilities; 3. The lease period is on a month-to-month basis; 4. The tenancy is not employment related. /V\ri<' ~ l., I 0712~~7 I Prepared by: Tracy Hightshoe, Assoc. Planner, 410 E. Washington 81., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. 07-219 RESOLUTION APPROVING FUNDING FOR LA REYNA, 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 2001-2006 Consolidated Plan (CITY STEPS), as amended, 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 three public meetings to discuss said project; and WHEREAS, the Iowa City City Council Econo'mic Development Committee has recommended that the project submitted by La Reyna Inc, be allocated $60,000; 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 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 create 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, terminate or amend an agreement(s) with La Reyna Inc. for activities in connection with this allocation of public funds. Passed and approved this 24 th day of ,20---1lL. ATTEST: );.h~~ ~ CIT 'LERK ~./ I"em Approve~ - ~~ City Attorney's Office +_()-~O-)- Ppdcdbg/reslcdbgfu nd. doc Resolution No. Page 2 07-219 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: x X X x x x Correia the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn '. ! 1 I , :;L'" ,....., L1L...J Prepared by: Daniel Scott, Project Engineer, 410 E. Washington S1., Iowa City, IA 52240 319-356-5144 RESOLUTION NO. ()7-220 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE COURT HILL TRAIL PROJECT. WHEREAS, the City of Iowa City desires to construct the Court Hill Trail Project ("Project") which includes permanent trail and temporary construction easements; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit-claim deed, and/or easement for the construction of the Court Hill Trail Project ("Project") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit-claim deed and/or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for thEil established fair market value, 4, In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation, The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 24 th day of July , 20--DL-, ATTEST: 7J{~;;f': ~~ CITY-CLERK fO ;l~ /~;.;? City Attorney's Office pwenglreslacqui reprop-crthi IItrl, doc Resolution No. Page 2 07-220 It was moved by Correia and seconded by adopted, and upon roll call there were: AYES: NAYS: x x X X x ---X _ Champion the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn 1'/,,1,'1 , 'C C1W Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5044 RESOLUTION NO. 07-221 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON PC TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE SENIOR CENTER ADA RESTROOM RENOVATION PROJECT. WHEREAS, the City of Iowa City desires to upgrade existing public restroom facilities for handicap accessibility; and WHEREAS, the above mentioned project will entail a generation of design and bid documents; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design for construction of the Senor Center ADA Restroom Renovation Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Neumann Monson PC, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Neumann Monson PC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement in triplicate. Passed and approved this 24th day of , 20 -----D1-. ATTEST: }J~ ~ ~~ CITY LERK Appro~d, DY--', ~~ 1--(~-oC- City Attorney's Office pwenglreslseniorcenter -NM.doc Resolution No. Page 2 07-771 It WaS moved by 0' Donnell and seconded by Champion adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of July, 2007, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Neumann Monson PC, of Iowa City, hereinafter referred to as the Consultant. Whereas the restrooms in the Iowa City Senior Center facility shall be renovated to comply with the American Disabilities Act for handicap accessibility. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. Design the renovation and upgrade finishes in the public restrooms to comply with handicap accessibility guidelines in the Senior Center facility. Design two new shower/toilet rooms on the ground floor. Provide an estimate of the work to be completed. Review drawings and specifications with city code officials as required. Provide all necessary bidding documents including drawings and specifications. Provide construction administration services to project completion. II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. April 13, 2007 June 2007 July 2007 January 2008 Begin project. Provide estimate of work to the City of Iowa City. Provide bidding documents. Complete project. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. - 2 - B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches,charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. - 3 - L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES Compensation for services shall be determined on an hourly basis not to exceed $29,000.00 plus expenses. See attached Appendix A: Schedule of Hourly Fees 2007. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. By: Title: hE~ONSULTANT By: ~~ ?~kJ- ~ '1; ~7 Date: Date: July 24. 2007 ATTEST: ~~~~. ~AA./ City Clerk Approved by: ~.~ City Attorney's Office ,._( ~-c)t Date - 4 - SCHEDULE OF HOURL Y RATES 2007 NEUMANN MONSON P.C. IOWA CITY, IOWA Various personnel of the firm have been classified according to experience and technical training, and the following schedule of charges for services will apply for all work performed during 2007. For the work undertaken in subsequent years, this schedule may be negotiated upward as a direct result of salary escalation. SERVICES Classification Hourly Rate Clerical I $40.00 Clerical II $45.00 Clerical III $50.00 Drafter I $40.00 Drafter II $45.00 Drafter III $50.00 CAD Operator I $55.00 CAD Operator II $60.00 CAD Operator III $65.00 CAD Operator IV $70.00 Technical Staff! $85.00 Technical Staff II $90.00 Interior Designer I $70.00 Interior Designer II $75.00 Interior Designer III $80.00 Intern Architect I $65.00 Intern Architect II $70.00 Intern Architect III $75.00 Intern Architect IV $80.00 Architect I $85.00 Architect II $90.00 Architect III $95.00 Structural Engineer $140.00 Associate I $95.00 Associate II $110.00 Associate III $120.00 Principal I $130.00 Principal II $150.00 NOTICE TO BIDDERS MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT f ') Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:00 A.M. on the 16TH day of July, 2007, Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at its next regular meeting to be held in the Emma J, Harvat Hall at 7:00 P.M, on the 24th day of July, 2007, or at a special meeting called for that purpose. The Project will involve the following: Removing the existing roof membrane and replacing with a new roof membrane on the existing aquatic facility at 2701 Bradford Drive, Iowa City. All work is to be done in strict compliance with the plans and specifications prepared by VJ Engineering, of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation 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 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 until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula- tion of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, 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 com- pletion and formal acceptance by the City. . The following limitations shall apply to this Project: Specified Start Date: August 1, 2007 Completion Date: November 16, 2007 Liquidated Damages: $250.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of VJ Engineering, Coralville, Iowa, by bona fide bidders. VJ Engineering may be contacted at (319) 338-4939. A $30.00 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 VJ Engineering. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. 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. If no minority busif)ess enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's, A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will 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 Preference Act applies to the contract with respect to bidders who are not Iowa residents, 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 pwenglnotice to bidderslmercer roofdoc ~6 07 -24-07 17 J Prepared by: Kumi Morris, Engineering Division, 410 E. Washington 81., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 07-222 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT. WHEREAS, Geisler Brothers Company of Dubuque, Iowa has submitted the lowest responsible bid of $310,303.00 (base bid) with an additional $239.00 (alternate bid A) for a total of $310,542.00 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 Geisler Brothers Company, 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 24th day of July ,2007 Approved l:j Aa3-,~~ City Attorney's Office ..,/tfl/rJ7 ATTEST: ~.-../ *". ?!CUA..J CITY LERK It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn x x x x x x pweng\res\merceraquatic.doc 1/06 (v\1^ u LfLJ Prepared by: Sylvia Mejia, Personnel Admin., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 07-?71 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSIT DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY INCREASING THREE MAINTENANCE WORKER I - TRANSIT POSITIONS FROM .75 TO FULL TIME POSITIONS. WHEREAS, Resolution No. 078-71, adopted by the City Council on March 5, 2007, authorized permanent positions in the Parking and Transit Department for FY08; and WHEREAS, the City of Iowa City has increased fixed bus routes in recent years to serve City High School and West High School, as well as new housing developments on the far east and west sides of Iowa City; and WHEREAS, this increase in routes has required the addition of four buses to the transit fleet; and WHEREAS, all buses need to be cleaned daily for the comfort of passengers as well as the ongoing maintenance of the buses, and the current staffing level does not allow time to accomplish this. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The budgeted positions in the Transit Division be amended by increasing three Maintenance Worker I - Transit positions from .75 to full time positions. Passed and approved this 24 th day of Tll1 Y , 20...D..L-. M ATTEST: fl~~-4~ ~ ~ CITY LERK Wpdatalhurnanrel/res/transitMWI full.doc Resolution No. Page 2 07-223 It was moved by Champion and seconded by V:md!'rnnpf adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x the Resolution be x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ! /-\-;:> ~149- 7 .. C w.LJ Prepared by: Dale Helling, Asst. City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013 RESOLUTION NO. 07-224 RESOLUTION CONCERNING MEDIACOM COMMUNICATIONS CORPORATION'S 2007 UPDATING OF RATES FOR BASIC CABLE SERVICES WHEREAS, pursuant to the public law and the regulations of the Federal Communications Commission (FCC), the City of Iowa City, Iowa (City) retains regulatory authority over basic cable television services provided by Mediacom Communications Corporation [d/b/a MCC Iowa, LLC] (Mediacom) in the authorized franchise area encompassing the City; and WHEREAS, by cover letter dated April 26, 2007 Mediacom proposed changes to its rates for basic cable programming, equipment installations and equipment rentals to be effective August 1, 2007 and enclosed an FCC Form 1240 dated April 26, 2007 supporting a requested rate of $11.55 per subscriber per month [inclusive of FCC regulatory fees] for cable programming services, and also an FCC Form 1205 dated April 26, 2007 in support of its proposed rates for cable equipment installations and rentals; and, WHEREAS, in the exercise of its regulatory authority, the City has reviewed these filings and has determined that Mediacom's amended FCC Form 1240 was properly developed and supports the proposed rate for basic cable programming services and that Mediacom's FCC Form 1205 was properly developed and supports the revised rates for equipment installations and rentals; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,IOWA, THAT: (1) The FCC Form 1240 filed with the City on April 26, 2007 is accepted and the Maximum Permitted Rate of $11.55 per subscriber per month [inclusive of FCC regulatory charges] determined thereby for basic tier cable programming service to be effective for period of August 1, 2007 through July 31, 2008 is approved. Mediacom shall utilize the Maximum Permitted Rate and its components of this FCC Form 1240 when performing the true-up calculation on its next FCC Form 1240. (2) A rate of $11.55 per subscriber per month [inclusive of FCC regulatory charges] for basic tier cable programming service is approved to become effective as requested on billings rendered after August 1, 2007. This rate will be represented on subscribers' bills in the two components of $11.48 for programming service and $0.07 for the FCC regulatory charge. (3) The FCC Form 1205 filed with the City on April 26, 2007 is accepted and the Maximum Permitted Rates determined thereby for basic service equipment rentals and installations to be effective for period of August 1, 2007 through July 31, 2008 are approved. Resolution No. Page ~ 07-224 The rates proposed for basic service equipment rentals and installations filed with the City on April 26, 2007 are approved to become effective as requested on billings rendered after August 1, 2007. . (4) Passed and approved this 24 th day of ATTEST: ~ ..J!. c/(dAA) CI LERK Tll1y , 20...D.L-. Approved l5y ~~ ~-(~,~)- City Attorney's Office It was moved by Vanderhoef and seconded by O'Donnell adopted, and upon roll call there were: the Resolution be AYES: NAYS: x x x x x x Mgr/asstlres/2006 cablerates.doc ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn ~ ~ ~ Prepared by: Douglas Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 07-225 RESOLUTION APPROVING FIRE AND LIFE SAFETY IMPROVEMENT LOAN PROGRAM FOR EXISTING A-2 AND B OCCUPANCIES WITH AN ALCOHOLIC BEVERAGES DIVISION LICENSE (ABDL) WHEREAS, the Departments of Fire and Housing and Inspection Services have determined that existing A-2 and B occupancies with an ABDL are a distinct, significant, and ongoing fire and life safety risk; and WHEREAS, the City Council has adopted requirements to retrofit existing A-2 and B occupancies with an ABDL with automatic fire sprinkler systems; and WHEREAS, fire sprinkler systems save lives and protect property; and WHEREAS, protection of the public health, safety and welfare is an essential purpose of government; and WHEREAS, the cost of retrofitting existing A-2 and B occupancies with an ABDL will be costly and an economic burden for some businesses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council approves the Guidelines of the Fire/Life-Safety Improvement Loan Program for Existing A-2 and B Occupancies with an ABDL as outlined in the attached document; and 2. The City Council authorizes the City Manager and City Attorney to implement the Fire/ Life-Safety Improvement Loan Program in accordance with the approved guidelines. M Pro" le,'" Approved b c'..- ~ ~~ \_I&'"_Ci)- Passed and approved this 24th day of ATTEST:d~E;~ ~ ~ City Attorney's Office It was moved by r.h::lmpi on and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn x x X X X X H isadm/resl A-2retrofit doc 7/17/07 GUIDELINES Fire/Life-Safety Improvement Loan Program for Existing A-2 and B Occupancies with an Alcoholic Beverages Division License (ABDL) Total Funds Available City to finance the Life-Safety loan program up to $1,000,000. These funds will be distributed on a "first come basis" as loans to eligible businesses. Eliaible Businesses Existing A-2 and B occupancies with an ABDL (approximately 46 businesses) required to upgrade Life-Safety systems. Enrollment Period . Thirty-six months (3 years) from effective date determined by the City. . Work and construction contracts to be approved by the City prior to start of work. . Work started or signed construction contract within 36 months. Eliaible Fire and Life-Safetv Improvements The cost of materials and labor to install sprinkler systems. Loan Proaram . Loan not to exceed cost of labor and materials for required Life-Safety improvements. . 1 % interest 5-year loan, or 10-year loan with interest rate at City's cost to borrow money. . Loan fully secured either by lien or letter of credit prior to loan approval. . Cost of lien or letter of credit (e.g. origination fees, recording fees, etc.) to be paid by property owner/business. . Change of ownership would require loan to be due and paid in full. Distribution of Funds Completion of work approved by the City. Hisadm/lifesafely loan-grantdoc Resolution No. Page 7 07-77F. It was moved by 0' f)nnnp 11 and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef x Wilburn x x x x X x N\-I-n () Prepared by Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5030 RESOLUTION NO. 07-226 RESOLUTION APPROVING SETTLEMENT OF CLAIM. WHEREAS, Bob and Heidi Thunhorst ("Claimants") have made a claim against the City of Iowa City ("City") with regard to a water main break which caused a sewer backup onto their property at 3316 Shamrock Drive on December 23,2004; and WHEREAS, the City and the Claimants wish to resolve the claim without litigation; and WHEREAS, it is appropriate to approve a payment to the Claimants in the amount of $29,654.82 contingent upon Claimants' release in full satisfaction of any and all claims which they may have against the City in the above matter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. Said claim is hereby settled, and said settlement, as previously discussed in executive session on July 24, 2007, is hereby ratified for the sum of $29,654.82 payable to Bob and Heidi Thunhorst in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of an appropriate release. Passed and approved this 24th day of July ,2007. Approved by '1 / ~ .. Vfd(; City Attorney's Office .. ATTEST: ~~~ ~ ~'u CIT CLERK