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HomeMy WebLinkAbout2007-10-02 Resolution I ~~(:l Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 07-287 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Mama's Deli & Catering - 600 N. Dodge Street Passed and approved this 2nd day of October ,20 07 ~_U~ MAYOR ATTEST: Il((I~axJ k. ~ CITY CLERK Approved by ~:~~ \,S--O~ City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: ~ x ---X- x ---X- ~ ~ NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoe[ Wilburn ~ Prepared by: Sarah Holecek, 1st Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-288 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A PUBLIC WALKWAYITRAIL EASEMENT AGREEMENT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT RECREATION TRAIL EASEMENT AGREEMENT SUBSTITUTED IN LIEU THEREOF FOR THE COURT HILL TRAIL PROJECT. WHEREAS, in 1997 Hy-Vee, Inc. and the City executed an agreement for a 30 foot wide walkway/trail easement along the northern edge of the site of the First Avenue Hy-Vee Food Store development, authorized by Resolution No. 97-320; and WHEREAS, said easement was acquired to provide a means of ingress and egress in anticipation of the future construction of a public walkway/trail; and WHEREAS, Resolution No. 07-220 authorized the acquisition of property interests necessary for construction of the Court Hill Trail Project; and WHEREAS, during the design of the Court Hill Trail Project, it was discovered that a dirt pile had been deposited upon the easement area acquired in 1997, which prevented the use of said easement area in the development of said Project as planned; and WHEREAS, the cost of removal of the dirt pile would be considerable, therefore, Hy-Vee, Inc. and City staff have negotiated an agreement to replace said 30 foot wide easement area with a substituted easement area of identical width and size which avoids the dirt pile; and WHEREAS, the City Public Works Department recommends the release of the current public walkway/trail easement agreement and, in substitution, the approval of the attached Permanent Recreation Trail Easement Agreement, as in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to release the currently held 30 foot wide public walkway/trail easement and to authorize a permanent recreation trail easement of identical size and width to replace said current easement. 2. The City of Iowa City does hereby abandon, release, and relinquish all right, title, and interest in the walkway/trail easement area acquired by virtue of the public walkway/trail easement agreement recorded at Book 2350, Page 79-83, with the records of the Johnson County Recorder, and the Mayor is hereby authorized to sign and the City Clerk to attest the attached release of said easement agreement as approved by the City Attorney's Office. 3. The City Council does hereby authorize the Mayor to sign and the City Clerk to attest the attached Permanent Recreation Trail Easement Agreement as a replacement for the released easement agreement. 4. The City Clerk is hereby authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, along with the attached release and Permanent Recreation Trail Easement Agreement, said recording costs to be paid by the City. Passed and approved this 2nd day of Ow~ LJ'~~~ MAYOR ATTEST ~~R{ '7('~ ~ 9-21--07- rd&res/CourtHiIITrail-Hy-Vee Prepared by: Sarah Holecek, 1st Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240-1826; (319) 356-5030 RELEASE OF PUBLIC WALKWAYfTRAIL EASEMENT The City of Iowa City, Iowa, does hereby abandon, release and relinquish all right, title, and interest in the walkway/trail easement area authorized by Resolution No. 97-320 and acquired by virtue of the public walkway/trail easement agreement recorded at Book 2350, Page 79-83 with the records of the Johnson County Recorder. Said easement specifically described. in Exhibit "A" is hereby released. The City retains all other easements shown on said final plat not released by this document. CITY OF IOWA CITY, IOWA By: (f?~uJi- Ross Wilburn, Mayor ATTEST: ~.J(. ~ Marl n K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this d. ND day of Dc-ro~PR ,2007, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally know, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. ~ SONDRAEFORT ~ Commission Number 159791 . . My Commission Expires lOW 5 0 S'urvL1.C4 F:v6 Notary Public in and for the State of Iowa . My Commission Expires: Annen/easmtsl Release of Hy-Vee Easement(2007).doc ,. t "' .1 ~ '~ I ..., . A< A . )t'H'~5" , . 22022' ~ e or"' ~ . 150 00' l . .J.lI' .. !: ' 0"1'... If , . 5.21" e . .iJ.... .. ill -?... I l . IO;"05~ N71"1f51' 'I Ao~7 · ~.i.~~;g ~!I.~~$ ;~;~'~ '8~ I "lor " ..~~~ m~ .e 4'..Q~ 1M II '" /., ~ JUl' $II: ~~~ h .?~.;....... ill w ;~.. <> _ 11"25'21" J,,/ P-' _ ~ . 1M " ~ _ 150.00' Iv/. /~ Iff. 21.55:_ ~ :!,;. '.'-1. (.A' ,.....J$ . '''l:I:'. . A _ 120.00' . l.ff I -<( I j,1:r:J("{~ f . 0~.J1' ..:?ff" ~. ~ : :t.~: '" 7S}!" s"'J~'irw "'" I 4' I I ?:lll 4' A . U'~I'2J A . 1$.00' ---, - .0.2.' l - 1111f' C . I"." 1M. 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N27"J2"~""(. ~1."e te.t; Th.nce North.a_t.ny. 83.74 fe.t. 010n9 0 300.00 foot rodlu. c;;ur've. concav. S~utt.,.o't.r'y. '!"Iloee $1.3.34 toot chord beon N'3e~'33"C: Th.nc.N4~'OG'39"[". 109.g6 ,~"o~:~"'I:;t;:e"n~~ ~O:.~h "2~j;rl r:ao1.)~~~rd(.b..t;'r:IN31.~~"J:~~: O~!:::: :;;g~1;O~~E:--56~2n~::{~ Thone. Not"th.Ollterfy 104.0~ toot. 010n9 0 10.0.00 foot t'ocflu. cur...... eoncoye aoutheostorfy. who.. 101.97 foot chord beon N...e'33'27"'E. Thence N6e'2~~"'."E. .;J8.3" ~~~ ~~.~ ~.~~y~ :ho;st: ..~~1~rl ~o~;'~~~J. :~~,. :'~r;~.2~ .JJ ~E~~ ~~~~ ~~~~~ .....c8v..E:.~g~fC; ~~:~ to th. PoInt ot e09'nqloV. Sold troct o( land 4:ontaln. 0...." GCr.... ond hi subject lo .o~em."t3 Of'ld rostrictfon~ t3f reco"d~ NOTES w.~ Eb " MI'=='6J ...a $II 1$ ItQ CIUl'lUC $Cllllll nxr I'. lOll' LEGEND ! . . .. C'Of'4OIl(UtOl'IIC. COI"4(<<,. '9.IHO ....0=.:::.';0. : === &: ~~~h<W' .6~"'.~ LANO'~ - ......N_.L...... ; ~?-"'"'''''' oS',."t.~ - ~ CIlIWOlI Itr (I...~' .."''' .~~ v'"^ ,($1' "'",./u c.,) .4,':; ....... ;,o"..-"L.. " : ~ :=.~~ If 1J.": l GLEN D. .~ t\~ ! ___:~"'.;:;'~s ~~: 1.~::~S~.JEFr :O~ :'t::=t=OftnDCtl \\c:~:. . ;,:H35 l~,'i ~,!~~~~~::~. \(::~!.E~~:::>l I HEREBY CERTIfY ll-lAT THIS PLAT. MAP, SURYrY OR REPORT WAS PREPARED BY ME. OR UNOER :MY DIRECT SUPERVlSlON, AND THAT' AM A DULY UCENSED lAND SURYrYORUNOEfl THE LAWS Of THE STATE 'OF IOWA. . 4L.), fY\. . ~ (, - L ,19-17 Clen O. Meisner loS. &; P.E. lie. No. 81,65 DATE MY LICENSE EXPIRES, DECEMBER 31, 19_f7. SIGNED BEFORE ME THISt DAY 0...1/ If I _ .192/." ,.Xr'j:-(j,h i} v(1/;}/l!i. " " NOTARY PUBLIC. IN AND FOR THE STATE OF IOWA DtlQl" C1 ClOllIRl: 1$ ~ IHJI( 1 FW! If( 20.000 FlIt 10rA CITY MY... lEE 12 MMS COtfSUlTNlTS. 1He. PROJECT NO. 0226".015 MMS EASEMENT #1.: IfAlJ(WA Y OEOtCA n()'l PLAT OlltiER Of RECORO: NY-\{E 1000 STORES. INC. ~ ~ ~ ~i' i _J- ~ i . - " II-~ 0 g. I' o. ()\ ., : (; '" h' z.: ~ I '" 01 Shnt Titlt: 30.00 FOOT TRAIL EASEMENT [I i. ,. 11-14-96 t lo. ENCR RE\IEIf " MMS CONSULTANTS. I/le I..... CIty. low. (JIV) 351-B2B2" , ll- l? i' 11-25-16 i.c. ENCR RE\1EIf Pr.,.ct TllI_: Part o( the /Ill' l/~ Sec. !3-T19/!-R6lf IOWA CITY, IOWA Onffl1cd b~; I Oro,", b)(. KJa KJB CMdo04 ." COIoi c: \020Q\Q22(iOI~\Q226'~Z 11-25-9fj t:51:59 pm ~ST EXHIBIT "A" Prepared by & Return to: Eric R. Goers, Asst. City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (3 J 9) 356-5030 L.l:gaIOl:scription: Permanent 30-fooltrail easeml:nt on that part of a Plat of Survey recorded in Book 36, Page 346, Pial Records of Johnson County, Iowa Grantor: Leach Iowa, L.L.c. Grantee: City of Iowa City PERMANENT RECREATION TRAIL EASEMENT AGREEMENT COURT HILL TRAIL PROJECT HY-VEE FOOD STORE NO.2 lOW A CITY, IOWA THIS AGREEMENT, made and entered into by and between Leach Iowa, L.L.c" hereinafter referred to as "OWNER" which expression shall include its successors in interest and assigns and mortgage lenders, and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "CITY". IT IS HEREBY AGREED AS FOLLOWS: For the sum of one dollar plus other valuable consideration, receipt of which is hereby acknowledged, OWNER hereby grants and conveys to CITY a 30-foot easement for the purposes of excavating for and the installation, replacement, maintenance and use as a public recreation trail over and across the area shown and described on the survey attached hereto as Exhibit "A" and referred to herein as "Easement Area". This easement provides CITY with a means of ingress and egress over the Easement Area for the purpose of constructing a recreation trail and the general public with a means of ingress, egress, and passage over the recreation trail Easement Area after CITY has actually constructed the recreation trail. OWNER further grants to CITY: ] . The right of grading said Easement Area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside said Easement Area, to such extent as CITY may find reasonably necessary. Provided that grading outside the Easement Area shall require the prior written approval of OWNER which approval shall not be unreasonably withheld. 2 2. OWNER further grants to CITY the right from time to time to trim and cut down and clear away any and all trees and brush on said Easement Area, and also to trim, cut down, and clear away any tress on either side of said strip which now or hereafter in the opinion of CITY may interfere with the exercise of CITY's rights hereunder in any manner. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within or outside the Easement Area. CITY shall indemnify O\VNER against loss or damage which may occur in the negligent exercise of the easement rights by CITY. 3. OWNER further grants to CITY the right to excavate for, construct, install, replace, maintain, and use a public recreation trail on the Easement Area. After a recreation trail is constructed by CITY on the Easement Area, CITY shall bear the responsibility of maintaining the recreation trail. However, nothing in this easement agreement obligates CITY or OWNER to construct recreation trails on any portion of the Easement Area. 4. OWNER further grants to CITY the right from time to time to take any and all such actions as are necessary and consistent with the purposes of maintaining and constructing any recreation trail upon the Easement Area. Such right includes, but is not limited to, the right to restore to its natural state or enhance any portion of the Easement Area, and the right to prevent any activity on or use of the Easement Area which is inconsistent with the purposes of access as outlined in this easement agreement. 5. OWNER reserves the right to use said Easement Area for purposes which will not interfere with CITY's full enjoyment of the rights hereby granted; provided that OWNER shall not erect or construct any fence, parking area, buildings, retaining walls or other structures, drill or operate any well, or construct any obstructions on said Easement Area, or substantially add to or diminish the ground cover of said Easement Area. 6. OWNER hereby covenants with CITY that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. 7. Nothing in this agreement shall be construed to impose a requirement on CITY or OWNER to install the recreation trails at issue hereon. 8. CITY agrees that, until such time as the recreation trail has actually been constructed by CITY, the general public shall have no right of ingress or egress to or passage over the Easement Area described herein. 9. The provisions hereof shall inure to the benefit and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the title to the land. .., j 10. This Agreement may be executed in two or more counterparts, each of which when executed and delivered as prescribed shall constitute an original. Dated this __~ day of (/Je.*ber-- ,2007. auJ1&- Ross Wilburn, Mayor Leach Iowa L.L.C., Inc. an Iowa Corporation, OWNER By: Talbot Investment Co., LLC By: HJK, LLC CITY OF IOWA CITY, IOWA By: By: Name: Title: ~ BY:~~ ~. ~--> M . n K. Karr, CIty Clerk AP.Pro~)d by: /J. ~f),:J /iztuzurnV tfty Att~~;;;'s Office {() /311J7 -' 4 OWNER'S ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss: ~iW'f(}1L1L- COUNTY ) On this.J ()~.ay of 0 ciD b-U:: ' 2007,.l?e(ore me, a Notary Public in and for the State of New York. personally appeared ~ -S. \La.lAtuLJ, to me personally known, who, being by me duly sworn, did say that he is the :8ore s' c.l Q V\ f- of Leach Iowa L.L.c., Inc., the corporation executing the within and foregoino instrument, that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said ~ dQ M--- , as such otlicer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it by him voluntarily executed. OOXIA OARGATY Notary Public, State of New York No.02DA6142900 Qualified in New York County Commission Expires March 27. 20 & 3 10. This Agreement may be executed in two or more counterparts, each of which when executed and delivered as prescribed shall constitute an original. Dated this ____ day of ,2007. By- CITY OF IOWA CITY, IOWA By:_ :ity Attorney's Office Approved by: Manufacturers and Traders Trust Company, as Truste_e __ QdIJRLt? . U)IC2~P 5 LENDER'S ACKNOWLEDGMENT STATE OF NEW YORK En{) COUN'rY _._..,~._....,~",._.____._._..__ _..h._ ) ) 5S: ) On this 26"-j-~1y of,' /: ". e, a,N tary Public in and for the State of New York, personal y appeared e personally known, who, being by me duly sworn, did say that he is th .' b S Manufacturers and Traders Trust Company, as Trustee., the corporation executing the within and foregoing instrument, that (no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (andA~~~t..dl, o~, behstlJ j'f said corporation by authority of its Board of Directors; and that the said ~VKl:: Wt$lOfnt as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed, !~.~~ Notary Public in and or the State of New York M. ANTHONY ARGENIO Notary Public, State of New York No.01AR6028414 Qualified in Erie County Commission Expires June 22,2011 6 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this3r-d day of ('('r::+n6-.e r ,2007, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. 1--{-:'T-~;;:XLLl;; ;\ T~:::r~E ~'._~' (0: ,',U"lCkl,21819 l~': ..:,,~J. '-"1 '-',",,"(.~-i;':(~;pn 1=x,,\(es ',.. ,..."" , . c,u~J"-'-'u~, r'f"- t'jUt:L----~-':tt_5/l24- k~GC''-t:~ }< 1l:-4k. Notary Public in and for the State of Iowa EXHIBIT "A" p~ lot J- PREPARED 8Y: SHIVE-HATTERY. INC. 2834 NORTHGATE DRIVE IOWA CITY, IOWA 52245 (319) 354-3040 EASEMENT EXHIBIT 30' WIDE PERMANENT TRAIL EASEMENT PLAT OF SURVEY RECORDED IN PLAT BOOK 36. PAGE 346 IOWA CITY, JOHNSON COUNTY. IOWA LEGEND (R) Recorded distance &/or bearing (M) Measured distonce &/or beoring o N 6i o I I "I I ~ I ~ L I L.U ::> z UJ > <( I- (f) a: u: T ,13 r- S 27'58'24" W - 69.00' Qj E >= S 28'25'50" W 57.37' CURVE DATA !:::, =17'18'06" R = 1 00.00' L =30.20' Ch=30.08' S 37'04'53" W CURVE DATA !:::, =76'01'38" R =50.00' L =66.35' Ch=61.58' S 66'26'39" W r- o o N "---- N N "---- W o J E STREET W t- <>:: o I I r..::> :;: o c:i -' o I w w > >- :r: I o I co I 0.. w /' 0' 3: -0 /' o I L{) W N W o /" Cj) u .9!., o 0:: /' 0.. See Sheet B1.2 for Legal Description o 50 100 200 r-.;-~ I I SCALE IN FEET A ~~~~:~i~:~~O~~ ~ Moline, IL ' Bloomington, IL http: j jwww.shive-hottery.com ILLINOIS FIRM NUMBER: 184-000214 .0 ~ :5 3: I -l I I ~ I I -L POINT OF BEGINNING W PERMANENT 30' TRAIL EASEMENT CURVE DATA !:::, =40'48'55" R =360.00' L =256.45' Ch=251.06' S 58'52'46" W W CURVE DATA !:::, =26'08'07" R =100.00' L =45.61' Ch=45.22' S 41'02'27" W CURVE DATA !:::, =15.38'12" R =100.00' L = 27.29' Ch=27.21' S 46"17'25" W CURVE DATA !:::, =17'45'32" R =100.00' L =31.00' Ch=30.87' S 36'51'10" W PLA T or SURVEY RECORDED /N PLA T BOOK 36, PAGE 346, JOHNSON COUNTY RECORDER'S OFFICE ONLY THESE COPIES OF THIS DOCUMENT SIGNED AND DATED IN CONTRASTING INK COLOR ARE TO BE CONSIOERED CERTifiED OffiCIAL COPIES PER IOWA ADMINISTRATION COOE 193C-6.1(5) \\\\,"/;11""" ....'" n. \."ND S. ~~~" .. ....~v . . . '. ,,~ " .:"~.". ...~'.:. .:~. . ~~ = ~: Jonathon '. e :. .-..1. ..,.. ~"Bailey : \ 12531 j ~ . ... ~. . ~ "',,* ....... *...... ~", lOW" "".. """."",,- , HEREBY CERTIFY THAT THIS lAND SURvEYING DOCUMENT WAS PREPARED AND THE RELATED SuRvEY WORK WAS PERFORMED BY ME OR UNDER MY Dt CT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSE A SU UNO S OF THE SIAl[ Of IOWA 12531 MY LICENSE RENEWAL DATE IS: DECEMBER .31. 2008 PAGES. SHEETS OR 01<1510NS COvEREO BY THIS SEAL' - 81.1. 81.2 EASEMENT EXHIBIT PLAT OF SURVEY RECD. IN BK. 36, PG. 346 IOWA CITY, JOHNSON COUNTY, IOWA PROJECT NO. 106265-0 DATE DRAWN APPROVED 06/04/07 SCALE WTH FIELD BOOK JSB REVISION AS SHOWN SHEET NO. 81.1 o N 6-i o a.; E i-= r-- o o N "- N N "- <.0 o W t- <l: o <.:) $: o o -' o I w w > >- :r: I o I CO I 0- w /' 0' :;: -U /' o I If") <.0 N <.0 o /- Vl u .9d., 2 0- /' ci: EXHIBIT "A" vlif J-1 if- PREPARED BY, SHIVE-HATTERY, INC. 2834 NORTHGATE DRIVE IOWA CITY, IOWA 52245 (319) 354-3040 EASEMENT EXHIBIT 30' WIDE PERMANENT TRAIL EASEMENT PLAT OF SURVEY RECORDED IN PLAT BOOK 36, PAGE 346 IOWA CITY, JOHNSON COUNTY,IOWA Description A permanent 3D-foot troil easement on that part of 0 Plat of Survey recorded in Book 36, Page 346, Plot Records of Johnson County, Iowa, said trail eosement being centered on the centerline described as follows: Commencing as a point of reference at the Northeast corner of said Plat of Survey; thence South 00'51'07" West 86.78 feet along the Eost line of soid Plat of Survey to the Point of Beginning (assumed bearing for this description only); thence Southwesterly 256.45 feet. along 0 360.00 foot rodius curve, concave Southeasterly, whose 251.06 foot chord bears South 58'52'46" West; thence South 38'28'18" West 52.53 feet; thence Southwesterly 27.29 feet, along a 100.00 foot rodius curve, concave Northwesterly, whose 27.21 foot chord bears South 46'17'25" West; thence Southwesterly 45.61 feet, along a 100.00 foot radius curve, concave Southeasterly, whose 45.22 foot chord bears South 41'02'27" West; thence South 27'58'24" West 69.00 feet; thence Sou thwesterly 31.00 feet, olong a 100.00 foot radius curve, concave Northwesterly, whose 30.87 foot chord bears South 36'51 '1 0" West; thence South 45'43'56" West 28.54 feet; thence Southwesterly 30.20 feet, along 0 100.00 foot rodius curve, concave Southeasterly, whose 30.08 foot chord bears South 37'04'53" West; thence South 28'25'50" West 57.37 feet; thence Southwesterly 66.35 feet, along 0 50.00 foot rodius curve, concave Northwesterly, whose 61.58 foot chord bears South 66'26'39" West to 0 point of intersection with the East line of First Avenue and the end of herein described centerline. The sidelines of soid 30-foot wide trail eosement are 15 feet in perpendicular distance right ond left of said centerline and ore to be shortened or lengthened in order to meet ot the angle points. Said sidelines ore to begin at the Eost line of said Plot of Survey ond terminote at the East line of First Avenue. Said easement contains 19,930 square feet. .0 -;: ::J .r: ~ A ~~~:~I~?:~~~~ ~ Moline, IL ' Bloomington. IL http.jjwww.shive-hattery.com ILLINOIS FIRM NUMBER: 184-000214 EASEMENT EXHIBIT PLAT OF SURVEY REeD. IN BK. 36, PG. 346 IOWA CITY, JOHNSON COUNTY, IOWA DATE 06/04/07 SCALE AS SHOWN DRAWN APPROVED WTH FIELD BOOK JSB REVISION PROJECT NO. 106265-0 SHEET NO. 81.2 te. (I) Prepared by & Return to: Eric R. Goers, Asst. Ci Attorney; 410 E. Washington S .; Iowa City, IA 52240; (319) 356-5030 Legal Description: Permanent 30-foot trail ease ent on that part of a Plat of Surve recorded in Book 36, Page 346, Plat Records of Johnson County, Iowa Grantor: Leach Iowa, L.L.c. Grantee: City ofIowa City PERMANENT REC TION TRAIL EA EMENT AGREEMENT COUR HILL TRAIL P THIS AGREEMENT, made an enter (i into by and between Leach Iowa, L.L.C., hereinafter referred to as "OWNER" whic ex ession shall include its successors in interest and assigns and mortgage lenders, and the City wa City, Iowa, a municipal corporation, hereinafter referred to as "CITY". IT IS HEREBY AGREED AS FO For the sum of one dollar plu other v luable consideration, receipt of which is hereby acknowledged, OWNER hereby gran and conv s to CITY a 30-foot easement for the purposes of excavating for and the installation replacement, aintenance and use as a public recreation trail over and across the area shown described on e survey attached hereto as Exhibit "A" and referred to herein as "Easement ea". This easeme t provides CITY with a means of ingress and egress over the Easement Area or the purpose of c structing a recreation trail and the general public with a means of ingress egress, and passage 0 r the recreation trail Easement Area after CITY has actually constructe he recreation trail. l. The right f grading said Easement Area for e full width thereof, anc:l to extend the cuts d fills for such grading into and ont said lands along and outside said Easem t Area, to such extent as CITY may fin reasonably necessary. Provided that g ding outside the Easement Area shall requ e the prior written approval of o R which approval shall not be unreasonably .thheld, 2. 0 ER further grants to CITY the right from time to ime to trim and cut down Cl clear away any and all trees and brush on said Easement Area, and also to trim, t down, and clear away any tress on either side of said strip which now or ereafter in the opinion of CITY may interfere with the exercise of CITY's rights hereunder in any manner. 2 CITY shall promptly backfill any tre ma by it, and repair any damages caused by CITY within or outside the E ement A a. CITY shall indemnify OWNER against loss or damage which m occur in th negligent exercise of the easement rights by CITY. 3. OWNER further grants to CIT the right to e cavate for, construct, install, replace, maintain, and use a public recr ation trail on e Easement Area. After a recreation trail is constructed by CIT on the Ea ement Area, CITY shall bear the responsibility of maintaining t e recreation t il. However, nothing in this easement agreement obligates CITY or WNER to c nstruct recreation trails on any portion of the Easement Area. 4. OWNER further grants to CIT actions as are necessary and consiste with the purposes of maintaining and constructing any recreation trai upon t e Easement Area. Such right includes, but is not limited to, the right to rest re to' natural state or enhance any portion of the Easement Area, andthe right to reve t any activity on or use of the Easement Area which is inconsistent with the oses of access as outlined in this easement agreement. 5. OWNER reserves the right to us id Easement Area for purposes which will not interfere with CITY's full enjo me t of the rights hereby granted; provided that OWNER shall not erect or co struc any fence, parking area, buildings, retaining walls or other structures, drill or oper te any well, or construct any obstructions on said Easement Area, or sub antially dd to or diminish the ground cover of said Easement Area. 6. OWNER hereby coven the real estate described any part thereof. s with CITY at it is lawfully seized and possessed of bove, and that it as good and lawful right to convey it or impose a requirement on CITY or reon. 7. Nothing in this agre ent shall be construed OWNER to install t e recreation trails at issue 8. CITY agrees th , until such time as the re eation trail has actually been constructed by C TY, the general public shall hav no right of ingress or egress to or passage over e Easement Area described herein. 9. The provision hereof shall inure to the benefit and bin the successors and assigns of the respec ve parties hereto, and all covenants shall e deemed to apply to and run with the itle to the land. 10. This Agr ment may be executed in two or more count arts, each of which when ex uted and delivered as prescribed shall constitute a original. Dated this day of ,2007. 3 CITY OF IOWA CITY, IOWA Leach Iowa . C., Inc. an Iowa Corpor ion, OWNER By: Talbot Inve tment Co., LLC By: HJK, L C By: Name & Title: Ross Wilburn, Mayor By: By: Marian K. Karr, City Approved by: City Attorney's Office STATEOFNEWYORK ) ) ss: COUNTY ) On this _ day of a Notary Public in and for the State of New York, personally appeare ' to me personally known, who, being by me duly sworn, did say at he is the of Leach Iowa L.L.C., Inc., the corporation executing the wit 'n and foregoing instrument, th (no seal has been procured by) (the seal affixed thereto is the se of) the corporation; that said inst ent was signed (and sealed) on behalf of said corporati by authority of its Board of . ectors; and that the said , as s ch officer acknowledged the execution f said instrument to be the voluntary act and deed of sai corporation, by it and by him voluntarily e ecuted. Notary Public in and for the State of New Yark 4 LENDER'S ACKNOWLEDGMENT STATE OF NEW YORK ) ) ss: COUNTY ) On this _ day of ,2007, b fore me, a Notary Public in and for the State of New York, personally appeare , to me personally known, who, being by me duly sworn, did say th t he is the of Manufacturers and Traders Trust Company, as Trustee., the c oration exec ing the within and foregoing instrument, that (no seal has been procured by) (th seal affixed ereto is the seal of) the corporation; that said instrument was signed (and sealed) on behalf f said corporation by authority of its Board of Directors; and that the said , as such officer acknowledged the execution of said instrument to be the voluntary t and d ed of said corporation, by it and by him voluntarily executed. STATE OF IOWA Notary Public in and for the State of New York OWLEDGEMENT JOHNSON COUNTY On this _ day of , 200 before me, the undersigned, a Notary Public in and for the above-named co ty and state, persona appeared Ross Wilburn and Marian K. Karr, to me personally known who being by me duly worn, did say that they ate the Mayor and City Clerk, respectively, of said municipal corporati executing the within and foregoing instrument; that the seal af xed thereto is the seal of aid municipal corporation; that said instrument was signed and ealed on behalf of said muni . al corporation by authority of City Council of said municipal orporation; and that the said R ss Wilburn and Marian K. Karr acknowledged the executio of said instrument to be the voh,mt act and deed and said municipal corporation, by it and by t m voluntarily executed. Notary Public in and for the.State of Iowa PREPARED BY: SHIVE-HATTERY, INC. 26J4 NORTHGATE DRIVE IOWA CITY, IOWA 52245 (JI9) J54-J040 o N Oi o iU E ;-= r--- o o N "- N N "- <D o E STREET w >- <( o CJ 3= o ci -' o I w w > >- :r: I o I m I CL w /' 0' " -0 /' o I U) <D N <D o :::- '" u Q) '0' Q: /' CL EASEMENT EXHIBIT 30' WIDE PERMANENT TRAIL EASEMENT PLAT OF SURVEY RECORDED IN PLAT BOO ,PA IOWA CITY, JOHNSON COUNTY, WA LEGEND (R) Recorded distance &/or bearing (M) Measured distance &/or bearing w w ;:) Z W ~ l- (/) a: u::: L I CURVE DATA t:. =40'48'55" R = 360. 00' L =256.45' Ch=251.06' S 58'52'46" W W r- S 27"58'~ W - I 69.00' UH S 45'43'56" 28.54' S 28'25'50" W 57.37' CURVE DATA t:. =17"18'06" R =100.00' L =30.20' Ch=30.08' S 37"04'53" W CURVE DATA t:. = 76'01 '38" R =50.00' L =66.35' Ch=61.58' S 66'26'39" W J I I See Sheet B1.2 for Legal Description o 50 100 200 1"'-- I SCALE IN FEET \\.\'" ,,: j"II, __-- \."ND "'" ._"-,,,~.,.. .811.6 " ~....~.' ',"1-.. '10 ~IJ' . ~'Io ! ~:: Jonltllon . ", f. \ ~ Bliley : '\ 12531. I 1- .. ." ~;'" .0...... .... ~..' "'" lOW," ,~,~ "",,,,,,,,,, 125Jl PAGES, SHEETS OR DIVISIONS COVERED BY THIS SEAL: _ Bl.l B1.2 EASEMENT EXHIBIT PLAT OF SURVEY RECD. IN BK 36, PG. 346 IOWA CITY, JOHNSON COUNTY, IOWA PROJECT NO. 10626$-0 A ~!I~:!!~!~!.~ ~ Moline, IL ' Bloomington, IL http://www.shive-holtery.com ILLINOIS FIRM NUMBER: 184-000214 .0 'i .c ~ DATE DRAWN APPROVED 06 ;04 ;07 SCALE WTH FIELD BOOK JSB REVISION AS SHOM; SHEET NO. 81.1 PREPARED BY, SHI\t:-HATTERY, INC, 2834 NORTHGATE DRI\t: IOWA CITY, IOWA 52245 (319) 354-3040 EASEMENT EXHIBIT 30' WIDE PERMANENT TRAIL EASEMENT PLAT OF SURVEY RECORDED IN PLAT BOOK 36, PAGE 346 IOWA CITY, JOHNSON COUNTY, IOWA \-- \ \ Descri~ion " A permanent 30-foot trail easement o~. that po~,t of 0 Plot of Survey recorded in Book 36, // Page 346. Plot Records of Johnson County, Iowa, ',said trail easement being centered on ~. centerline described os follows: ./ .// Commencing os 0 point of reference at the Northeast corner of said Plot of Surv~ /. thence South 00'51 'at' West 86.78 feet along. the East line of said Plot of Syr'/ey to ,the Point of Beginning (assumed bearing for this d~scription only); /. thence Southwesterly 256.4~ feet. along 0 360.00 foot radius curve, ca?c'(e Sou,tlieasterly. whose 251.06 foot chord bears South 58'52"46" ~st; thence South 38'28'18" West 52.53 feet; /,/" , .. thence Southwesterly 27.29 feet, along 0 100,00 foot radius cr've. concave Northwesterly, whose 27,21 foot chord bears South 46'17'25" West; thence Southwesterly 45,61 feet, along 0 100.00 foot radi,ll's curve, concave Southeasterly, whose 45.22 foot chord bears South 41'02"27" West;. thence South 2T58'24" West 69.00 feet; thence Southwesterly 31.00 feet, along 0 1 00.00 (oat radius curve. concave Northwesterly. whose 30.87 foot chord bears South 36'51'10" ~st; thence South 45'43'56" West 28.54 feet; o N Oi o thence Southwesterly 30.20 feet, along 0 lOO.OO foot radius curve. concave Southeasterly, whose 30.08 foot chord bears South 3T0'4'53" West; thence South 28'25'50" West. 57.37 f~t; a; E i= thence Southwesterly 66.35 feet, along 0 50.00 foot radius curve, concave Northwesterly. whose 61.58 foot chord bears So~\h 66'26'39" West to 0 point of intersection with the East line of First Avenue and the end' of herein described centerline. . The sidelines of said 30-foot.wide trail easement ore 15 feet in perpendi,cular distance right and left of said centerline qrid ore to be shortened or lengthened in a(de~, to meet at the angle points. Said sidelines ore to begin at the East line of said Plot of Survey and terminate at the East line of First Avenue. Said easement contains 19,930 square fe'et. r-.. o o N ""- N N ""- <D o W I- <( o '" ?: o g o ~ > >- I I c; I m I ~ /' 0> ., '0 /' o I "' ~ <D o .:;: V Q) 0' D: /' ~ EASEMENT EXHIBIT PLAT OF SURVEY RECD. IN BK 36, PG, 346 IOWA CITY, JOHNSON COUNTY, IOWA A ~~!I:.?l:~"Y. ~ Moline, IL ' Bloomington, IL http://www.shive-hottery.com ILLINOIS FIRM NUMBER: 184-000214 DATE DRAWN APPROVED 06/04/07 WTH JSS SCALE FIELD SOOK REVISION AS SHOWN .D "C OJ .c -.: SHEET NO. 81.2 r::(~( Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-289 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEST BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1020 COVERED WAGON DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on July 10, 2007 and recorded on July 11, 2007, in Book 4186, Page 993 through Page 997, in the Johnson County Recorder's Office covering the following described real estate: Lot 34, Sandhill Estates, Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 47, Page 230, Plat Records of Johnson County, Iowa. WHEREAS, West Bank is financing a construction loan in the amount of $175,000 to the Home Builders Association of Iowa City for 1020 Covered Wagon Drive and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce West Bank to make such a loan; and WHEREAS, West Bank, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with West Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and West Bank, Iowa City, Iowa. Passed and approved this 2nd day of October , 20....111.-. ~~(~lk AYOR ATTEST:)'1i.~) ,f. ~~ CITY CLERK Approved by ~ <t ,~~c 1-- City Attorney's Office Resolution No. 07-289 Page 2 It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x X Vanderhoef Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn the SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and West Bank of Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $42.950, and was executed by The Housing Fellowship (herein the Owner), dated July 10. 2007, recorded July 11. 2007, in Book 4186, Page 993 through Page 997, Johnson County Recorder's Office, covering the following described real property: Lot 34, Sandhill Estates, Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 47, Page 230, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $175.000.00 on a promissory note to be executed by the Financial Institution and the Home Builders Association of Iowa City, securing a mortgage covering the construction costs on the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the FinanCial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, an~ assigns of the parties hereto. Dated this J...2.th. day of Sentember , 20..01-. FINANCIAL INSTITUTION CITY OF IOWA CITY By C2- LJ J2L Mayor ~ By 6;~ fl (I- I"~ Keith A. Kurth, Vice President Attest: ~-A~ k. ~ City lerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,.;> ~D day of C\.Tcf>fR I 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~s W;, bu rl"\. and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. Dl-.:J~'/ passed (the Resolution adopted) by the City Council, under Roll Call No. ,-- of the City Council on the ~ ND day of Db-DEb'? , 20...Q.L, and that Ross {A ),1 hurn 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. it~ SONDRAEFORT ~ ~ Commission Number 159791 . . My Commission Expires ow :?oj s~~ ~-b Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on September 19, Keith A. Kurth (name(s) of person(s)) as Vice President authority, e.g, officer, trustee, etc.) of West Bank party of behalf of whom instruments was executed) . , 200& by (type of (name of My Commission exPires:7j '31//t~ I_~:t;) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 07-290 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING ONE MORTGAGE AND THREE PROMISSORY NOTES FOR THE PROPERTY LOCATED AT 2603 WAYNE AVENUE, IOWA CITY, IOWA. WHEREAS, on October 28, 2005, the owner executed a Mortgage and a Promissory Note to secure a loan; and WHEREAS, on July 18, 2006, the owner executed two additional Promissory Notes; and WHEREAS, the City of Iowa City should 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 2603 Wayne Avenue, from a Mortgage, recorded November 7,2005, Book 3960, Page 238 through Page 243; and from three Promissory Notes recorded July 21, 2006, Book 4058, Page 476, and Book 4058, Page 477, and Book 4058, Page 478 of the Johnson County Recorder's Office. Passed and approved this 2nd (4u~20:- MAYOR ATTEST: ~.f;'. ~ CICLERK Approved by ~~ 9" ~~l- City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Brian K. Carris Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following properties located at 2603 Wayne Avenue, Iowa City, Iowa, and legally described as follows: Lot One (1) in Block Five (5), Towncrest Addition to Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record, if any. from an obligation of the owner, Brian K. Carris, to the City of Iowa City represented by a Mortgage, recorded November 7,2005, Book 3960, Page 238 through Page 243; and by three Promissory Notes, recorded July 21,2006, Book 4058, Page 476, and Book 4058. Page 477, and Book 4058, Page 478 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upoo title to the above property by reason of said prior reco~en~ -.-J:9.::L-. MAYOR - ATTEST: ~.,f. ~~ CI . LERK Approved by ~~ " ~ a\f-ct City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this d All) day of ()C-TD~~r1 ,A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.D7-..J9lJ, adopted by the City Council on the d AiD day Dc-rcf?,ER , 20 0'1 and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ SONDRAEFORT o~ Commission Number 1~9791 . . My CO,mmissio~ ~tres ow ~u s,~~ \='~ Notary Public in and for Johnson County, Iowa I::L Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. 07-291 RESOLUTION APPROVING THE EXTERIOR DESIGN OF A NEW COMMERCIAL BUILDING ON LOT 3, PEPPERWOOD PLAZA WHEREAS, the applicant, Kay Developers, has filed an application for the design approval of the exterior design of a new commercial building on Lot 3, Pepperwood Plaza, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on a parcel of land that is part of an agreement between the owners and the City of Iowa City for Tax Increment Financing, it is subject to Title 14, Chapter 3, Article C, entitled "Design Review", of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Housing and Inspection Services Department, has been reviewed by the Design Review Committee and, after a consensus vote, it is hereby recommended that the design of the project be approved; and WHEREAS, the design of the project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The design of the exterior for the new commercial building proposed for Lot 3, Pepperwood Plaza is approved. 2. The Mayor is directed to sign and City Clerk to attest this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 2nd ATTEST: \auA' >oj k' :K~ C Y CLERK Resolution No. Page 2 07-291 It was moved by Ra i 1 ey and seconded by adopted, and upon roll call there were: AYES: x x x X x X x NAYS: V,qn.1prnnpf the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn (,-/- RICK ER ::J1e I I ~ ~B NORTH ELEVATION r- -011 2' Arx3 /8-0 - - ARCHITECTURE & DESIGN GROUP, LTD. 512 MARKET (616)263-3254 MT.CARMEL.IL 62663 KAY DEVELOPERS ]OYiA C.ITY. IOYiA SHEET P r DATE 0<1/24/0-1 OF _ \::::> BY --HR/...HH REV =1 PRELIMINARY DRAWING NOT FOR BUILDING USE -0 =1 /8 2' I' ~~. U2-I Prepared by: Sara F. Greenwood. City Attorney; 410 East Washington Street; Iowa City, IA 52240; 319-356-5030 RESOLUTION NO. 07-292 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN ACCESS EASEMENT AND PARKING AGREEMENT WITH HIERONYMUS SQUARE ASSOCIATES FOR THE DEVELOPMENT OF CERTAIN LOTS ON BLOCK 102; IOWA CITY, IOWA. WHEREAS, the Hieronymus Square Associates [hereinafter "HSA"] has acquired approximately 1.12 acres of real estate south of Burlington and west of Clinton Streets, on Block 1 02, Iowa City, Iowa, upon which it intends to build a 12 story mixed-use building with a subterranean parking facility; and WHEREAS, the City of Iowa City owns the Ground Transportation Center and parking ramp located at Court and Dubuque Streets adjacent to the property owned by HSA; and WHEREAS, HSA wishes to access its subterranean parking facility via the Ground Transportation Center and arrange for the rental of parking spaces within the Ground Transportation Center; and WHEREAS, Staff approves the proposed parking structure, as well as the associated easement agreement; and WHEREAS, HSA has executed the attached Access Easement and Parking Agreement; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, it is in the public interest to accommodate increased traffic and parking needs through shared parking and access. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign, and the City Clerk to attest, the attached Access Easement and Parking Agreement Incident to Agreement for Private Redevelopment with Hieronymus Square Associates. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and above- referenced Agreement and to record the same in the Johnson County Recorder's Office at HSA's expense. 3. The Director of Public Works, or designee, is hereby authorized to review and approve all construction plans contemplated in Page 3, Paragraph 5 of the attached Agreement. Passed and approved this 2nd day of O~~_l_20f_ 0Jr.- - ATTEST: !J~~~~ k'. ~ CI . CLERK Resolution No. Page ? 07-292 It was moved by Rfl i 1 f>Y and seconded by adopted, and upon roll call there were: Correia the Resolution be AYES: NAYS: x x x x x x X ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ACCESS EASEMENT AND PARKING AGREEMENT INCIDENT TO AGREEMENT FOR PRIV A TE REDEVELOPMENT THIS ACCESS EASEMENT AND PARKING AGREEMENT, dated this d NO day of October 2007, by and between the City of Iowa City, Iowa, an Iowa municipal corporation, (hereinafter "City") and Hieronymus Square Associates, an Iowa joint venture, having an office for the transaction of business at 711 S. Gilbert Street, Iowa City, Iowa, (hereinafter "HSA"): WIT N E SSE T H: WHEREAS, HSA is the owner of certain real property located in Iowa City, Johnson County, Iowa, legally described as: Lot 8, Lot 7, and the north 22 feet of Lot 6, in Block 102, Iowa City, Iowa; and The south 20 feet of the north 42 feet on Lot 6 in Block 102, Iowa City, Iowa; and The south 38 feet of Lot 6 and the north 44 feet of Lot 5 in Block 102, Iowa City, Iowa; and The north 182 feet of the former public alley in Block 102, Iowa City, Iowa; and The north 60 feet of Lot 1, except the north 37 feet of the east 55 feet thereof, in Block 102, Original Town, Iowa City, Iowa, according to the plat thereof; (hereinafter the "Hieronymus Square Project"); and WHEREAS, City is the owner of the Ground Transportation Center and parking ramp located at Court and Dubuque Streets, in Iowa City, Johnson County, Iowa; legally described as: Original Town of Iowa City, Lots 1,2,3, & 4, excluding the N 37' of E 55' of Lot 1, block 102, (hereinafter the "Ground Transportation Center"); and WHEREAS, HSA is in the process of developing the Hieronymus Square Project as a 12- story mixed-use building in conjunction with and pursuant to that certain Agree- ment for Private Redevelopment dated the 3rd day of October 2006 and recorded the 27th day of June 2007 in Book 4178, Page 610 of the Records of Johnson County, Iowa; and WHEREAS, this development includes a subterranean parking facility below HSA's property adjacent to the existing Ground Transportation Center; and WHEREAS, in connection of the development of above referenced improve- ments, and in order to accommodate the increased traffic and resultant demand for parking for residential and commercial purposes, and because these two parking facilities are adjacent to each other, HSA and the City have reached certain agreements regarding the use of shared parking and other access rights; and WHEREAS, because it is in the public interest to accommodate increased traffic and parking needs through shared parking and access, the parties hereto wish to memorialize those understandings and agreements, NOW THEREFORE, in light of the mutual consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. HSA and its successors, transferees, heirs, and assigns shall have an access easement for the purposes of ingress and egress over and across the Northern Dubuque Street entrance of the Ground Transportation Center owned by City for access to and from the underground parking facility located under the Hieronymus Square Project, together with the full and true right for its and its tenants, servants, visitors, and licensees, in common with all others having the same right, at all times hereafter, with or without automobiles or other vehicles or on foot, and for all other purposes connected with use of said properties, to pass and repass over, under, and across the access easement area, which is reflected on Exhibit "A" attached hereto. 2. In addition to the access easement area contemplated above, the parties further agree that HSA and its successors, transferees, heirs, and assigns shall have a pedestrian access ease- ment for the purposes of connecting to and ingress and egress over and across the Ground Transportation Center through the construction of a skywalk/walkway and stair tower connecting the Hieronymus Square Project and the Ground Transportation Center. The parties acknowledge that, at a minimum, said skywalk/walkway shall provide access to the Hieronymus Square Project and the Ground Transportation Center at the northwest corner of the Ground Transportation Center at the second level, but that multiple floor access is possible. The City shall neither be obligated to nor responsible for the construction and/or maintenance of said skywalk, which shall be solely the responsibility of HSA. 3, The easements hereby created shall be for HSA's use as the owner of Hieronymus Square Project and for its heirs, successors, and assigns for access purposes. Neither the City nor its agents, representatives or assigns shall so use or leave any vehicles, or any other obstruction in said easement areas so as to prevent the free and uninterrupted use of said easement areas by HSA and its heirs, successors, and assigns, except during the performance of periodic maintenance and repair as the City deems necessary, which maintenance and repair shall be performed as quickly and with as little disturbance to HSA's access rights as is reasonably possible. City also agrees to provide HSA with reasonable written notice of said maintenance and repair. 2 4. The parties agree that HSA shall be responsible for all ofthe costs of construction of the access easement area, the pedestrian access easement, the skywalk/walkway and the underground connection between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project and any changes to the Ground Transportation Center necessitated thereby. 5. All construction plans for the easement areas, the skywalk/walkway and underground connection must be reviewed and approved by the City of Iowa City, or its designee, and the access easement area located within the Ground Transportation Center must be in compliance with applicable federal, state, and local codes and ordinances, including but not limited to the Americans with Disabilities Act. 6, In the event that the construction of the access easement area, skywalk/walkway or underground connection between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project results in the loss or destruction of any usable and Iowa City Code-compliant parking spaces within the Ground Transportation Center, HSA will reimburse City monthly for the loss or destruction of those spaces at the then-applicable monthly permit rate. Said obligation to reimburse City for the loss or destruction of parking spaces shall commence upon the initiation of construction of the access easement area, the skywalk/walkway and/or the underground connection, and continue for so long as the access easement area is in use by HSA, its successors-in-interest, or assigns or until said lost or destroyed parking spaces are replaced by HSA within the Ground Transportation Center, whichever occurs sooner. 7. HSA shall be solely responsible for the costs of construction, maintenance and opera- tion of the skywalk/walkway and the overhead door to be located between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project, including but not limited to the costs associated with any power source or ongoing maintenance thereof. Notwithstanding the foregoing, the costs associated with any other parking equipment located within the access easement area, including but not limited to the Dubuque Street entry gate, shall be split between HSA and the City on a pro-rata basis, with each party paying the portion of said expenses that the number of parking spaces it owns served by the access easement area bears to the total number of parking spaces served by the access easement area. The costs of such maintenance shall include reconstruction or replacement of the improvements within the access easement area when reasonably necessary. However, each party shall be solely responsible for the cost of any repairs to the easement area necessitated by its or its invitees, agents, assigns, successors or transferees in interest's negligent use or misuse of the easement area. 8. The parties further agree that in connection with the development of the Hieronymus Square Project, HSA shall be entitled to one hundred (100) new parking permits, to be paid at HSA's cost at the current monthly rate as established by City Council, within the Ground Transportation Center for its use and the use of its tenants, assignees, and successors-in-interest. Any permitted parking spaces relocated from other City parking facilities shall not be included within this allotment. The parties further agree that HSA shall be entitled to an additional fifty (50) new parking permits, to be paid at HSA's cost at the current monthly rate as established by 3 City Council, allocable to the proposed hotel and restaurant's use, which shall be memorialized in connection with the hotel agreement to be entered into between the parties at a later date. 9. This covenant of easement shall be deemed to be a covenant running with title to the above described properties and shall be binding upon the owners of Hieronymus Square Project and the Ground Transportation Center, Iowa City, Johnson County, Iowa and their heirs, succes- sors, grantees, transferees, and assigns. This Agreement is dated this ~ -\.10 day of October 2007. 4 CITY OF IOWA CITY ~u!L Ross Wilburn, Mayor Attest: ~t2~,~ k. *bAA) MarIan K. Karr, City Clerk HIERONYMUS SQUARE ASSOCIATES, AN IOWA JOINT VENTURE HSI, L.L.C. 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) I 'r'> Ocrcr,E:iz.. On this d ~l..- day of Sc,ptanber 2007, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn did say that they are the Mayor and City Clerk, respectively, of executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said munici I . . them voluntarily executed. i; SOND A FORT ~ 1. Commission Number 159791 . . My Commission Expires ~\Cu.... re-rb ow 2,. ,;z.c Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of September 2007, before me, the undersigned, a Notary Public in and for the State ofIowa, personally appeared John A. Hieronymus, to me personally known, who being by me duly sworn did say that he is the Manager of Alfreda Investments, L.L.C.; that no seal has been procured by the said limited liability company; and that said instrument was signed on behalf of said limited liability company by authority of its Managers and the said John A. Hieronymus acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by them voluntarily executed. ~ ~JJY\C'~ Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: ) JOHNSON COUNTY ti I ...- _.... .IOIIM COlA.mttllf He. ,... __...... .,0 On this day of September 2007, before me, the undersigned, aN otary Public in and for the State of Iowa, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn did say that he is the Manager of HSI, L.L.C.; that no seal has been procured by the said limited liability company; and that said instrument was signed on behalf of said limited liability company by authority of its Managers and the said Michael E. Hodge acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by them voluntarily executed. -Qcc:~ ~ Notary Public in and for the State of Iowa KF31/HSA access easement and parking agreement @ ........ ) ,....,.... ~ . _~~.foIo..tll ..., e.p;.. .u. 23. .,0 6 BURLINGTON STREET HIERONYMUS SQUARE COURT ST. PARKING RAMP m }> (/) ..... m m = ~ /~~:, }>$: / II )> L- JJm 01 (j) ~~ 0 . . q m , ::J . , 178'-4" $: , . m . IT , I Z . , , , . , r,:::- T IL . . .. , -; , Ii I . , II I~ III I [ , )> " ,/1 3LJ I'=" , , :D /:~~~ m ~ )> ll~ q -0 V#M... );: . - z . ./ - /' .., - :;:: ~ - ;;:: () ~ ~ 0 r C Z OJ .... C 0 0 z ~ c ~ m :II ~~ m A_ ~ m T .... ---- - ~S; - . . iv ~~ ~ ~~ . J; vP" . I 0--- I I I z-o - o~ ,---- fQI ~z ~ l../ I I I -0 I :0 == W "' I T " 0 -0 3? m I :0 I ~ ~ I -~ r I~~ ;,_ Z -~ m -~ I ["'\ n "r'- ~./ s= 4 IHI ][ JHL II l 'd/ ~ COURT STREET EXHIBIT "A" tl6ci ACCESS EASEMENT AND PARKING AGREEMENT INCIDENT TO AGREEM,ENT FOR PRIVATE REDEVELOPMENT THIS ACCESS EASEMENT AND PARKING AGREEMENT, dated this _ day of September 2007, by and between the City ofIowa City, Iowa, an Iowa municipal corporation, (hereinafter "City") and Hieronymus Square Associates, an Iowa joint venture, having an office for the transaction of business at 71l S. Gilbert Street, Iowa City, Iowa, (hereinafter "HSA"): WIT N E SSE T H: WHEREAS, HSA is tl?e owner of certain real property located in Iowa City, Johnson County, Iowa, legally described. as: . Lot 8, Lot 7, and the north 22 feet of Lot 6, in Block 102, Iowa City, Iowa; and \ . \. The south 20 feet of the no~\J. 42 feet on'Lot 6 in Block 102, Iowa City, Iowa; \ . and \." \ \ The south 38 feet of Lot 6 andtlte north 44 feet of Lot 5 in Block 102, Iowa City, Iowa; and \ .. \ \ The north 182 feet of the former p~lic alley in Block 102, Iowa City, Iowa; and '. \ \, The north 60 feet of Lot 1, except the ~\trth 37 feet of the east 55 feet thereof, in Block 102, Original Town, Iowa City,''lowa, according to the plat thereof; \ (hereinafter the "Hieronymus Square Project"); and \\ \ '. WHEREAS, City is the owner of the Ground T~sportation Center and parking ramp located at Court and Dubuque Streets, in Iowa City,\~ohnson County, Iowa; legally described as: \ Original Town of Iowa City, Lots 1,2,3, & 4, exclutJ,ing the N 37' of E 55' of Lot 1, block 102, (hereinafter the "Ground Transportation Center"); and WHEREAS, HSA is in the process of developing the Hieronymus Square Project as a 12- story mixed-use building in conjunction with and pursuant to that certain Agree- ment for Private Redevelopment dated the 3rd day of October 2006 and recorded the 2ih day of June 2007 in Book 4178, Page 610 of the Records of Johnson County, Iowa; and / WHEREAS, this development includes a subterranean parking facility below HSA's property adjacent to the existing Ground Transportation Center; and WHEREAS, in connection of the ~eve1opment of above referenced improve- ments, and in order to accommodate the ,nlcreased traffic and resultant demand for parking for residential and commercial ~urposes, and because these two parking facilities are adjacent to each other, HSA and the iCity have reached certain agreements regarding the use of shared parking and other acceSs rights; and WHEREAS, because it is in the public interest to accommodate increased traffic and parking needs through shared parking and access, the parties her~to wish to memorialize those understandings and agreements, . NOW THEREFORE, in light ofthe mutual consideration exchanged herein, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: ' ,/ l. HSA and its successors, transferee~, heirs, an<;l/assigns shall have an access easement for the purposes of ingress and egress over aq.d acrossthe Northern Dubuque Street entrance of the Ground Transportation Center owned by li;ity fOJ"access to and from the underground parking facility located under the Hieronymus Square froject, together with the full and true right for its and its tenants, servants, visitors, and licensee~ in common with all others having the same right, at all times hereafter, with or without automobi'es or other vehicles or on foot, and for all other purposes connected with use of said properties, \0 pass and repass over, under, and across the access easement area, which is reflected on.Exhibit "A" attached hereto. \ ; 2. In addition to the access easement area ~ontemplated above, the parties further agree that HSA and its successors, transferees, heirs, and\assigns shall have a pedestrian access ease- ment for the purposes of connecting to and ingress and egress over and across the Ground Transportation Center through the construction of a ~kywalk/walkway and stair tower connecting the Hieronymus Square Project and the Ground Tran$portation Center. The parties acknowledge that, at a minimum, said skywalk/walkway shall provi\ie access to the Hieronymus Square Project and the Ground Transportation Center at the northwest corner of the Ground Transportation Center at the second level, but that multIple floor access is possible. The City shall neither be obligated to nor responsible for the construction and/or maintenance of said skywalk, which shall be solely the responsibility of HSA. 3. The easements hereby created shall be for HSA'suse as the owner of Hieronymus Square Project and for its heirs, successors, and assigns for access purposes. Neither the City nor its agents, representatives or assigns shall so use or leave any vehicles, or any other obstruction in said easement areas so as to prevent the free and uninterrupted use of said easement areas by HSA and its heirs, successors, and assigns, except during the performance of periodic maintenance and repair as the City deems necessary, which maintenance and repair shall be performed as quickly and with as little disturbance to HSA's access rights as is reasonably possible. City also agrees to provide HSA with reasonable written notice of said maintenance and repair. 2 4. The parties agree that HSA shall be responsible for all of the costs of construction of the access easement area, the pedestrian access easement, the skywalk/walkway and the underground connection between the .Ground Transportation Center and the underground parking area within the Hieronymus Square/~roject and any changes to the Ground Transportation Center necessitated thereby. ! : 5. All construction plans f~r the easement areas, the skywalk/walkway and underground connection must be reviewed and approved by the City of Iowa City, or its'designee, and the access easement area located within the Ground Transportation Center,Itmst be in compliance with applicable federal, state, and local codes and ordinances, including but not limited to the Americans with Disabilities Act. ' ' 6. In the event that the construction of the access easement area, skywalk/walkway or underground connection between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project results in the loss or destruction of any usable and Iowa City Code-compliant parking spaces within the Ground Transportation Center, HSA will reimburse City monthly for the loss or destruction of those spaces at the then-applicable monthly permit rate. Said obligation to reimburse City for th,e loss or destruction of parking spaces shall commence upon the initiation of construction of tl;1e access easement area, the skywalk/walkway and/or the underground connection, and q:mtinue for so long as the access easement area is in use by HSA, its successors-in-interest, or ~ssigns or until said lost or destroyed parking spaces are replaced by HSA within the Ground Transportation Center, whichever occurs sooner. 1 7. HSA shall be solely responsible f~r the costs of construction, maintenance and opera- tion of the skywalk/walkway and the overhedfl door to be located between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project, including but not limited to the costs associate'Q with any power source or ongoing maintenance thereof. Notwithstanding the foregoing, the co~ts associated with any other parking equipment located within the access easement area, includi~g but not limited to the Dubuque Street entry gate, shall be split between HSA and the City on '~ pro-rata basis, with each party paying the portion of said expenses that the number of parkirlg spaces it owns served by the access easement area bears to the total number of parking spaces setyed by the access easement area. The costs of such maintenance shall include reconstruction or'replacement of the improvements within the access easement area when reasonably necessary. However, each party shall be solely responsible for the cost of any repairs to the easement'area necessitated by its or its invitees, agents, assigns, successors or transferees in interest's rl:egligent use or misuse of the easement area. 8. The parties further agree that in connection with the development of the Hieronymus Square Project,.HSA shall be entitled to one hundred (lOO)new permitted parking spaces within the Ground Transportation Center for its use and the use of its tenants, assignees, and successors- in-interest. Any permitted parking spaces relocated from other City parking facilities shall not be includyd within this allotment. The parties further agree that HAS shall be entitled to an addition~l fifty (50) new parking spaces, allocable to the proposed hotel and restaurant's use, 3 which shall be memorialized in connection with the hotel agreement to be entered into between the parties at a later date. 9. This covenant of easemen\ shall be deemed to be a covenant running with title to the above described properties and shalll\e binding upon the owners of Hieronymus Square Project and the Ground Transportation Center~Jowa City, Johnson County, Iowa and their heirs, succes- sors, grantees, transferees, and assigns. \ \ .\ This Agreement is dated this _ day of September 2007. \ \ '\ \ \ \ \ \ \ \ \ \ \ \ \ I \ \',. 4 )f~tl ACCESS EASEMENT AND PARKING AGREEMENT INCIDENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT THIS ACCESS EASEMENT AND PARKING AGREEMENT, dated this _ day of September 2007, by and between the City of Iowa City, Iowa, an Iowa municipal corporation, (hereinafter "City") and Hieronymus Square Associates, an Iowa joint venture, having an office for the transa<(tion of business at 711 S. Gilbert Street, Iowa City, Iowa, (hereinafter "HSA"): ". WIT N E SSE T H: WHEREAS, H~A is the owner of certain real property located in Iowa City, Johnson County, Iowa, legally desq-ibed as: Lot 8, Lot 7, and the It'Qrth 22 feet of Lo.t'6, in Block 102, Iowa City, Iowa; and" . ,. " The south 20 feet of the north''4.ffEiet on Lot 6 in Block 102, Iowa City, Iowa; and ;'<. "'\~, The south 38 feet of Lot 6 a~d the no'Jo(~ 44 feet of Lot 5 in Block 102, Iowa City, Iowa; and "" '\." ',- The north 182 feet of the former public alley.~n Block 102, Iowa City, Iowa; '. a~ , " The north 60 feet of Lot 1, except the north 37 fe:}~f the east 55 feet thereof, in Block 102, Original Town, Iowa City, Iowa, accor(J;.ng to the plat thereof; >\"... " , (hereinafter the "Hieronymus Square Project"); and 0\, ", '. "\ WHEREAS, City is the owner of the Ground Transportation Cen~r and parking ramp located at Court and Dubuque Streets, in Iowa City, Johnson County, 'Iqwa; legally described as:\., " " \, Original Town of Iowa City, Lots 1, 2, 3, & 4, excluding the N 37' of ~5' of Lot 1, block 102, '\ \. \ \. (hereinafter the "Ground Transportation Center"); and WHEREAS, HSA is in the process of developing the Hieronymus Square Project as a 12- story mixed-use building in conjunction with and pursuant to that certain Agree- ment for Private Redevelopment dated the 3rd day of October 2006 and recorded the 2ih day of June 2007 in Book 4l78, Page 610 of the Records of Johnson County, Iowa; and WHEREAS, this development includes a subterranean parking facility below HSA's property adjacent to the existing Ground Transportation Center; and WHEREAS, in connection of the development of above referenced improve- ments, and in order to accommodate the increased traff1c and resultant demand for parking for residential and commercial purposes, and because these two parking facilities are adjacent to each other, HSA and the City have reached certain agreements regarding the use of shared parking and other access rights; and W REAS, because it is in the public interest to accommodfite increased traffic and parking n ds through shared parking and access, the parties he,teto wish to memorialize tho understandings and agreements,' , NOW THE FORE, in light of the mutual conside~tion exchanged herein, the receipt and sufficiency which is hereby acknowledged, jhe parties do hereby agree as follows: / 1. HSA and its succe~rs, transferees, heir~:: assigns shall have an access easement for the purposes of ingress and ~ress over and a9f~ss the Northern Dubuque Street entrance of the Ground Transportation Centei\,owned by qiY for access to and from the underground parking facility located under the Hieronyn1Vs Square,/Project, together with the full and true right for its and its tenants, servants, visitors, an~licen~es, in common with all others having the same right, at all times hereafter, with or without ~tQffiobiles or other vehicles or on foot, and for all other purposes connected with use of said prq~erties, to pass and repass over, under, and across the access easement area, which is reflected ~ Exhibit "A" attached hereto. '> : \. 2. In addition to the access <t<lsement 'area contemplated above, the parties further agree that HSA and its successors, transferees, heirs>'{lnd assigns shall have a pedestrian access ease- ment for the purposes of connectlng to and ingn~'1is and egress over and across the Ground Transportation Center through, "the construction oi', skywalk/walkway and stair tower connecting the Hieronymus Square Project and the Ground Tra~portation Center. The parties acknowledge that, at a minimum, said skywalk/walkway shall provi e access to the Hieronymus Square Project and the Ground Transportation Center at the no west corner of the Ground Transportation Center at the second level, but that multip floor access is possible. The City shall neither be obligated to nor responsible for the constru ion and/or maintenance of said skywalk, which shall br solely the responsibility of HSA. 3. The easements hereby created shall be for HSA's use s the owner of Hieronymus Square Project and for its heirs, successors, and assigns for access urposes. Neither the City nor its agents, represen,tatives or assigns shall so use or leave any vehic s, or any other obstruction in said easement <;ri:eas so as to prevent the free and uninterrupted use'of said easement areas by HSA and its heir~, successors, and assigns, except during the performance of periodic I maintenance and repair as the City deems necessary, which maintenance and repair shall be performed as <Jliickly and with as little disturbance to HSA's access rights as is reasonably possible. City also agrees to provide HSA with reasonable written notice of said maintenance and repair. ./ / . 2 4. The parties agree that HSA shall be responsible for all ofthe costs of construction of the access easement area, the pedestrian access easement, the skywalk/walkway and the underground connection between the Ground Transportation Center and the underground parking area within the Hieronymus Square Project and any changes to the Ground Transportation Center necessitated thereby. " 5. All constructi~Plans for the easement areas, the skywalk/walkw<;iY and underground connection must be revie ed and approved by the City of Iowa City, or i~8/designee, and the access easement area locat d within the Ground Transportation Centevtllust be in compliance with applicable federal, stat~ and local codes and ordinances, incl ng but not limited to the Americans with Disabilities Act. \ ., \ 6. In the event that the ~nstruction of the access e ement area, skywalk/walkway or underground connection between\the Ground Transport IOn Center and the underground parking area within the Hieronymus Squar~ Project results in e loss or destruction of any usable and Iowa City Code-compliant parking \~paces within t Ground Transportation Center, HSA will reimburse City monthly for the loss ~r destructi of those spaces at the then-applicable monthly permit rate. Said obligation to reimbttfse City, or the loss or destruction of parking spaces shall commence upon the initiation of constipctio of the access easement area, the skywalk/walkway and/or the underground connection, and- c tinue for so long as the access easement area is in use by HSA, its successors-in-interest, 0 assigns or until said lost or destroyed parking spaces are replaced by HSA within the Grou 1\ansportation Center, whichever occurs sooner. 7, HSA shall be solely respp~sible ~r the costs of construction, maintenance and opera- tion of the skywalk/walkway andjhe overhea door to be located between the Ground Transportation Center and the uJl'derground ping area within the Hieronymus Square Project, including but not limited to th~lcosts associate with any power source or ongoing maintenance thereof. Notwithstanding tht1!oregoing, the cost associated with any other parking equipment located within the access eMement area, includin but not limited to the Dubuque Street entry gate, shall be split betweeyi HSA and the City on a ro-rata basis, with each party paying the portion of said expenses that the number of parking aces it owns served by the access easement area bears to the total n:0mber of parking spaces serve by the access easement area. The costs of such maintenance shall include reconstruction or re acement of the improvements within the access easement are~\vhen reasonably necessary. Hower, each party shall be solely responsible for the yost of any repairs to the easement are necessitated by its or its invitees, agents, assigns, su~cessors or transferees in interest's negli ent use or misuse of the easement area. 8. The iparties further agree that in connection with the evelopment of the Hieronymus Square Projec,t, HSA shall be entitled to one hundred (100) new ermitted parking spaces within the Ground Transportation Center for its use and the use of its te ants, assignees, and successors- in-interest. iAny permitted parking spaces relocated from other Ci parking facilities shall not be inc1ude,d within this allotment. The parties further agree that H S shall be entitled to an additionf fifty (50) new parking spaces, allocable to the proposed h tel and restaurant's use, 3 which shall be memorialized in connection with the hotel agreement to be entered into between the parties at a later date. 9. This covenant of easement shall be deemed to be a covenant running with title to the above described properties and shall be binding upon the owners of Hieronymus Square Project and the Ground Transportation Center, Iowa City, Johnson County, Iowa and their heirs, succes- sors, grantees, transferees, and assigns. This Agre\ent is dated this _ day of September 2007. \ ,. / /' \ / \ / \ / / II //1 .,/ , ~.' J, 4 CITY OF lOW A CITY :::~WilbillO' MayO'\ \\ \\ Marian K. Karr, City Clerk \ ... \ HIERONYMUS SQUARE ASSO~IA TES, AN lOW A JOINT VENTURE'" " , , \ \ " \ \ \ \ HSI, L.L.C. , \ \ \ \ \ \ \ \ \ \ \ \ odge,/Manager 5 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of September 2007, before me, the undersigned, a notary public in and for the State ofIowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally known, who bein_by me duly sworn did say that they are the Malor and City Clerk, respectively, of executing e within and foregoing instrument; that the seal-affixed thereto is the seal of said municipal cor oration; that said instrument was signed and s7a1ed on behalf of said municipal corporation by a thority of its City Council; and that the saigooMayor and City Clerk as such officers acknowledge the execution of said instrument to be th%voluntary act and deed of said municipal corporation, y it and by them voluntarily executeq// // Notary Public i land for the State ofIowa , \ \ STATE OF IOWA ) \ ) ss\ JOHNSON COUNTY ) \ On this 0 day of SePte~ber 2007;(efore me, the undersigned, a Notary Public in and for the State of Iowa, personally a~pearep;hn A. Hieronymus, to me personally known, who being by me duly sworn did say th~t hi is the Manager of Alfreda Investments, L.L. c.; that no seal has been procured by the said li~ed liability company; and that said instrument was signed on behalf of said limited liabilijY ~ompany by authority of its Managers and the said John A. Hieronymus acknowledged the ex,icut~n of said instrument to be the voluntary act and deed of said limited liability company by/it and ~y them voluntarily executed. / \ . \~ .~JJ'<\(,~ otary Public in and for the State of Iowa STATE OF IOWA ) ) ss: ) " -- ...........,. Cl*l.U IaIIJI'l....... .......... .,0 JOHNSON COUNTY/ On this // day of September 2007, efore me, the undersigned, a Notary Public in and for the State of'Iowa, personally appeared chael E. Hodge, to me personally known, who being by me dul>::isworn did say that he is the Ma ager ofHSI, L.L.C.; that no seal has been procured by thl1/said limited liability company; an that said instrument was signed on behalf of said limited ij-8:bility company by authority of its agers and the said Michael E. Hodge acknow](edg'ed the execution of said instrument to b the voluntary act and deed of said limited liability company by it and by them voluntarily exec ted. KF311HSA access easement and parking agreement 6 .... m , , II )> ~~~ , (J1 en q I m q s:: m z -t )> "...~....... : :D "':_'-'1 m )> "1J s;: Z . z-o os;: ~z :r: BURLINGTON STREET HIERONYMUS SQUARE COURT ST. PARKING RAMP o r Z o z ~ :n a o C lJl C o c rn (J) -< :n a ~ m )>~ :::IJm ~~ / 178'-4" '::1 q \ \ \ "\ \ \ \ \ \ i . . .' , , I I J -0 :::IJ o -0 m :::IJ :<! r z m COURT STREET EXHIBIT "A" ~'VL ~ ~ L.!LJ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington S1., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 07-293 RESOLUTION AUTHORIZING CONVEYANCE OF A STORM WATER MANAGEMENT DRAINAGE EASEMENT AND A STORM SEWER PIPE EASEMENT ALONG THE SOUTHWEST CORNER OF THE IOWA CITY MUNICIPAL AIRPORT TO HAROLD JOHN DANE, ALLEGRA DANE, JAN ELLEN DAVIS, ROBERT A. DAVIS AND JAMES R. DAVIS. WHEREAS, Harold John Dane, Allegra Dane, Jan Davis, Robert Davis and James Davis would like to purchase for $14,100.00 a storm water management drainage easement (1.10 acres) and a storm sewer pipe easement (.12 acres) at the southwest end of the Iowa City Municipal Airport near the intersection of Dane Road and Grace Drive; and WHEREAS, the appraisal for both easements is $14,100.00; and WHEREAS, the Iowa City Airport Commission recommends that the City grant the easements; and WHEREAS, the Federal Aviation Administration does not object to the City conveying both easements; and WHEREAS, on September 18, 2007, the City Council adopted a Resolution proposing to convey said easements at the Iowa City Municipal Airport, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute easements conveying the property legally described in the easement plats, which are attached, marked Exhibits A and B, and incorporated herein, for $14,100.00. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 2nd day of ~ L~:!ll..- MAYOR Approved by .... ~ ~:~~ City Attorney's Office ATTEST: 7/~A~J!. -<aiA../ CITY CLERK c;, ~~ -10i Resolution No. Page 7 07-?Q1 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: Correia the Resolution be NAYS: x x x x x x x ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn "- o o N "- ;;; "- '" <:J ;<: a n I ... o o m "- ... '" ,/ <0 o o m "- ... '" ,/ o o ... '" ,/ (~ M M II CIVIL ENGINEERS "- LAND PLANNERS ..... LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIAUSTS 1917 S. GILBERT ST. IOWA CI1Y, IOWA 52240 (319) 351-8282 www.mmsconsultantsonet 5781 CST. SW SUITE D CEDAR RAPIDS, IOWA 52404 (319) 841.5188 ~ RevISion 1112/06 PER GOM REVIEW .JDM 6/1/07 PER GDM REVIEW .JDM f- a u :::; D-- EASEMENT PLAT;;: ::? N EXHIBIT "A" I hereby e<<t'fy that thlt land surw,m9 document wa. prepored and the rwloled atrWy wonc was performed by m. or under my direct p..lOtIoI .upervf.ion ond thot I om 0 duly licensed lond Surw)'Of" un_ the lows of the Stale of 10.0. al_D YV\ . . ... ~ ... EN D. MEISNER, L.S. . Iowa LIe. No. ell ()cen.. renewol dote i. December .31, 20..f!...7 6-50'0S'27. R.'92.50' L-201,g!l' T-111.38' C-192.81' . ..~ ~.:c.""',". "'7'/ ...>.... '0'"' OF BE ,~~~/ ~~////\../cXiJ2P'" '" """ 0'""'"0 ~ '." .% .'c.;P- HILL SUBDIVISI~~)DOWLARK 1"1 \ ~ '2 rl;" ,.\ ~I: ~~.<< ~11<~;<~ )2,*'i''iP-<;''b - ~' I ,.~ ' ----I .' //~~ I I , ~ / ,:,,: .,// "" I i:lb' / // ""<b : i ;.. ;; I / . ~~ :' i~ ' ,,/ ~ ^~ :~' I: ",",,-e,I&-~fi'i~~~ if::>>"d! : 66 0' 'r.l\!>>1J'" <i~^.1I' ' ,~LZ~ ~<F : : (Q) , ~ ~"'~ I I~ I \. ~ <{J!" ~<{J! ,jV :. (Q) , ~. 'Y' ' "' . , i i~ i I :~ I (Q).~ SE~~ '(,~ ~ - OF' THE T79N-R6W F~~.M. OOK 38 AT PAGE 177 3'9)35' -8282 917 S. GIL.BERT ST. IOWA CITY, IOWA ~22""O -MMS CONSULTANTS. INC. CITY OF IOWA CITY JOHN & ALLEGRA DANE 10/;30/06 PROPRIETOR: SURVEY REQUESTF;O BY: DATEn OF SURVEY: SEAL ~ rg~ ~rg~ ~ ~~~ ~~ ~ " 1,fo(/p1J{'.-(\ A It AIN MEtIT A port of the Southwest Quarter of the Northwest Quarter of Seeton 21. ,Township 79 North, Range 6 West. of the Fifth Principal Meridian. Johnson County, Iowa, the boundaries of which ore described -as follows: ---- NORTHWEST CORNER SEcnON 21- T19N-R6W OF' THE FlF"TH f'.t.C. FOUND 5/B" PIN BOOK 35 AT PAGE 2304 \ ~ NN ..,'" ~g g[:J %1 BEGINNING at the Northwest corner of Meadowlark Hill Subdivision. Johnson County, Iowa. in accordance with the Plot thereof Recorded in Book 49. at Page 52, of the Records of the Johnson County Recorders Office; Thence NOO'17'J2"E, along the West line of the Southwest Quarter of the Northwest Ouarter of Section 21, Township 79 North, Range 6 West, of the Fifth Principal Meridian. Johnson County, lowo. 10J.38 feet; Thence N690JJ'17"E. 359.12 feet; Thence Southeasterly, 201.95 feet, along on orc of a 192.50 foot radius curve, concave Southwesterly, whose 192.81 foot chord bears S80'23'29"E, to a point on the North line of said Meadowlark Hill Subdivision; Thence S69'32'J2"W. along sold North line. 562.61 feet. to sold POINT OF BEGINNING, containing 1.10 acres. and subject to easements ond restrictions of record. A PART OF SW 1/4.NW 1/4 SECTION 21.T79N.R6W IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC, Dote. O,"igned by, Field Boot. No, SBP 742 "'""""bo.!' $Gole, JDM 1"=100' c.hec;.kod ~ Sheet No, DM 1 ProJec.t No. rc 5479006 of, 1 10/30/06 -.-* AND NOTES - - CONGRESSIONAL CORNER. FOUND - CONGRESSIONAL CORNER. REESTABLISHED US ~ = - CONGRESSIONAL CORNER. RECORDEO LOCAnON -= - PROPERTY CORNER(S). FOUNO (0. notsd) - PROPERTY CORNERS SET (5/8. Iron Pin 'II/ yellow. plostlc LS Cop embossed with "MMS" ) - CUT "X" .,. - - PROPERTY Itlor BOUNDARy LINES n Illl ~ - - CONGRESSIONAL SEcnON LINES - - RIGHT-OF-WAY LINES I;j I;j = - - CENTER LiNES o 10 25 110 'Ill 1110 - _ LOT LINES. INTERNAL GRAPHIC SCALI! IN FE!:l'. - - LOT LINES. PLA mD OR BY DEEO r=l00' ===-=-_-=--:-_-=-===: ~~~:~~~~EN~~~E:: P~~;~~E N~~D (R) - RECORDED QtMENSIONS ~ (M) - MEASUREO DIMENSIONS C22 -, - CURVE SEGl.tENT NUMBER UNLESS NOTED OTHERwISE. AlL OlIIENSlONS A~E "' FEET AND HUNOREDIHS ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 20,000 FEET LEGEN D ~ 6- . o o ~ o ~ \A~~~ '@'IJ~@~"'i1~'@~rg~ ~:""'" -:o<f'f, -oN' ,^",- ;1, rlil'- "', \l<J' ~. iIJC"-.. ~..fV'rOU'" .~".., ro ne fV'r ~ ~ ~~~. ~. orne~. ~ !L<<Jii" ~ M M II! EXHIBIT "!;I CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIAlJSTS " W.E t!!> I\rlll!l=~ 01025 110 75 100 GRAPHIC SCALE IN FEET 1"=100' -MMS CONSUL TANT~ 917 S. GILBERT ST, IOWA CITY. IOWA ~2240 (319)351-8282 Wl&...C RIPTlON - STORUWA TER UANAGEUENT A part of the Southwest Ouarter of the Northwest Ouarter and the Southeast Quarter of the Northwest Ouarter of Section 21. TownshJp 79 North, Range 6 Wes of Fifth Principle Meridian more particularly described as follows: COMMENCING at the Northwest corner of Lot 1 of Meodawlork Hili Subdivision. Johnson County. Iowa. in accordance with the plot thereof Recorded in Book 49. ol Page 52. of the Records of the Johnson County Recorder', Office; Thence N69.32,'32"E along the Northerly line of lot 1 of sold Meadowlark Hm Subdivision, 133B.74 feel to the POINT Of" BEGINNING; Thence N20"5B'02"E, 144.75 f.et: Thence S69"01'58"E, 40.00 feet; Thence S20"S8'02"W. 109.46 feet to the North line of said Lot 1, Thence S69032'32"W olong sold North line, 53.35 feet to the POINT OF' BEGINNING. containing 5,084 square feet. (0.12 acre). and subject to easements and restrictions of record. ffNORTHWESr CORNER SEcnON 21-T19N-RI5W OF' THE F1FTH P.M. F'OUNQ 5/8" PIN BOOI( "' I 35 AT PAGE 234 I 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net t.~~ 'fjf ~~N (!.~IJ/-'() 5761 CST. SW SUITE D CEDAR RAPIDS, IOWA 52404 (319) 841-5188 Revl~lon PER GOM REVIEW -JDM Date 611/07 STORM MANAGEMENT EASEMENT CITY OF IOWA CITY JOHN & ALLEGRA PANE D2/WQ7 I. o I'" ... ;:; N ,w I ------- ~ ,///'//-/-/ --- ------- ,,' -_/ - r--'j"/- M""" '"'"''' ~ ~' I ~ --------- \, ------- ,- -- ~ \----------- " , '- ---- PROPRIETOR: SURVEY REOUESTED BY: DATE OF SURY~Y: ~'ii\D"'1~~"!NI""&:.1:!NI ~\!:,~. ~",.11<g)*~15i EASEMENT PLAT PART OF SWllWf/114~O SE1/Wf/114 SECTION 21-T79-R6W IOWA CITY JOHNSON COUNTY IOWA '\,.'011 '" &.. 'E>1J~~~'>!J~~~<Ci~ ~~~'O/Ol"!N1~~1/!~. '11'" ..,v., """" ,", ,,g "'" ~ro;:~::::~~'~ - CONGRESSIONAL CORNER. rOUND - CONGRESSIONAL CORNER. REESTABLISHED - CONGRESSIONAL CORNER. RECORDED LOCA nON - PROPERTY CORNER(S). rOUND (os noted) - PROPERTY CORNERS SET (5/B" Iron Pin wI yellow, plastic LS Cop embossed with "MMS" ) - CuT "X" - PROPERTY &./or BOUNDARY LINES - CONGRESSIONAL SECnON LINES - RiGHT-OF-WAY UNES - CENTER UNES - LOT UNES. INTERNAL - LOT UNES. PlATTED OR BY DEED ----------- EASEMENT LINES, WIOTH If< PURPOSE NOTEO --------------------- - EXtSnNG EASEMENT LINES. PURPOSE NOTEO (R) - RECORDED OIMENSlONS (M) - MEASUREO OIMENSlONS C22-1 - CURVE SEGMENT NUMBER uNLESS NOrm OTHERWISE. All DtIlENSIONS ERROR Of CLOSURE IS LESS THAN LEGEN 0 .;/ ~ h. /:,. . o NW CORNER MEADOWLARK HILL SUBDIVISION MMS CONSULTANTS, INC. - Dole. 0/30/06 _No, 742 00 L=1 No. ~l Field SSP Drawn by. 5c.olo. tav GheGl:A!ld bj. Sheel GDM F'rojeGI No, - IC 5479006 0' De.'gned I hereby certify that this land SUfWylng doeument wos ond the reloted "'r'W'y work was performed by me or under my dIreCt perIlQftQI IUp<<WIlon end thot I om 0 duly IIeenMd Land Surwyor .....d.. the lows of the Slate of lowo. 205a. 20Sll dote is December J ...., tM lie...... renewal ARE IN FUr AND HUNllRro THS fOOT IN 20,000 fEET @ [WEST 1/4 CORNER S.EcnON 21-T79N-RI5W OF' THE F1flH P.M. F~_~CI.!...BOOK 38 I' I' ~~ I' NI- I' !1 ~ I : I ~~ ' ~ l~' 0", ' ~ :~~5i ' 8~- 66 0' !&.g~, !@~!!. IQ] , ~g'I' <i11 I ~..:oi ~ ' I' ~ ' ~ : : nM ~ :~I ~ :: [Q) r:J Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington S1., Iowa City, IA 52240 (319) 356-5240 (SUB05-00027) RESOLUTION NO. 07-294 RESOLUTION APPROVING FINAL PLAT OF JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, James R. Davis, Robert A. Davis and Jan Ellen Smith, filed with the City Clerk the final plat of JJR Davis Fourth Addition, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "A" of JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 6.68 acres, more or less, and is subject to easement and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. .JlL::294 Page 2 , Passed and approved this 2nd daYOfMA~ U it-- M.A: OR ATTEST: ~ zt ~ CIT . LERK Approved by ~/--x- ~ ;ft.'llur lj' ~ :L,,~/&?0 City Attorney's Office It was moved by ('n ::Imp; ()T1 adopted, and upon roll call there were: and seconded by O'Donnell the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ppdadmin/res/jjrdavis final plat.doc To: Planning & Zoning Commission STAFF REPORT Item: SUB05-00027 JJR Davis Fourth Addition GENERAL INFORMATION: Applicant: Applicant's Engineer: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45-Day Limitation Period: 60-Day Limitation Period: ~&J Prepared by: Robert Miklo Date: January 5, 2006 James R. Davis, Robert A Davis Jan Ellen Smith, c/o James R. Davis 4097 Kitty Lee Road Iowa City, IA 52240 Phone: 338-5327 MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Final plat approval A 4-lot commercial subdivision East of Mormon Trek Boulevard, south of Highway 1 6.68 acres Undeveloped, CI-1 North: Airport property; P South: Undeveloped; CI-1 East: Residential, Agricultural; County RS West: Commercial & undeveloped; CH-1 The South Central District Plan identifies this area as appropriate for intensive or highway commercial development. December 8,2005 January 22, 2006 February 6, 2006 2 BACKGROUND INFORMATION: This property was annexed to Iowa City in 2003, as part of a larger annexation including property on the west side of Mormon Trek Boulevard and properties owned by the Iowa City Municipal Airport. The extension of Mormon Trek Boulevard and associated public utilities were recently completed adjacent to this property, providing the infrastructure to support commercial development. This property is zoned CI-1, Intensive Commercial, which is a zone intended to provide for those businesses characterized by outdoor display, storage and/or sales of merchandise, repair of motor vehicles, and other operations conducted in buildings that may not be completely enclosed such as contractor pre-assembly yards, hardware stores, etc. The CI- 1 zone also allows office uses. A preliminary plat was approved in November, 2004. The final plats for JJR Davis, Second and Third Additions, which include the property to the west and south were approved in April, 2005. ANAL YSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans and legal papers are being reviewed by the City Engineering Division and City Attorney's office. They must be approved by staff prior to Council consideration of the final plat. The preliminary plat had indicated the use of airport property to provide for a portion of the storm water management facilities for this subdivision. The construction plans for the final plat indicate that the use of airport property is no longer necessary, but that portions of the storm water management facilities will be on the adjacent property owned by the Danes. Easements have been provided for these off site facilities. A water main extension fee of $395 / acre will be required. A sanitary sewer tap-on fee of $3,986.12 / acre will be required. The legal papers must address the developer's responsibility for improving Dane Road on the east side of this subdivision. STAFF RECOMMENDATION: Staff recommends that SUB05-00027, a final plat of JJR Davis Fourth Addition, a 6.68- acre, 4-lot commercial subdivision, be approved, subject to legal papers and construction plans being approved prior to Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: J/{Cz/ . ~~~L/t Karin Fr nklin, Director, Department of Planning and Community Development SIPCDlStaff Reports1SUB05-00027 JJRDavis-final.doc ~ SUB05-Q0027 CITY OF IOWA CITY - CI1 - I c( OSAI CI1 ...... - SITE LOCATION: JJR Davis Fourth Addition 212 " ~ Final PIa t .J.JR Davis Fourth Addition A RESUBDIVISION OF OUTLOT A' OF JJR DAVIS SECOND ADDITION ~ ~ 2 2 H ~ ~ " " ~ ~ ~ ~ ~ ~ mrr~ o 0 , , , , I'l.- No. . Oat. u 0 :z: o~ ~ U1~ .IH~ rn <D !\!~ E-o ,;, ~o ~ ~ iil~~ ~ ~ ~o~ rn j O~1li Z .,,~~ o ~-.., U ~:::o" o 5~~ en ; ~~o ...,..5! soli """" 00 ~ o~ o = = - ... - 'C 'C -< OlJlrlF.RS /SUBDMDERS' James R Davi3, Robert A Davis: and Jan Ellen Smith c/o Je.mes R Davis 40Q7 Kilty Lee Road IOlRl City, Iowa 52240 Iowa PLAT PREPARED HY . JiWS CONSULTANTS INC. 1917 SOUTH GILBERT ST. IOWA CITY. IOWA. 52240 City Iowa ts(~C~~~T7~~:W OF "THE FlnJ.I P..,. rOUND S/8~ PIN 900K J.5 AT PAC[ 2J. I ....RTER ';:NE ';-SE rQ"T'Al' SE Nf 'IE ... LEGEND AND NOTES .i. - COHGRESSlOHAL CORNER. FOOND 6 - COl'f(;RESSl~AL CORNER. RU:STA8tJSHrn f::" - CONGRESSIONAl... CORNER. RECORDED LOCAllQN . - PR.OPERTY CORNER(S), rOUND (a. na!.d) o - PROPERTY CORN€RS SET (5/8.I.on Pin wi )'9110., plqrik. LS Cop ....bc>aMd with -WloIS" ) @ -CUTY - PROPERTY &/or 8OlJNOARY UNES - - - - - CONGRC>SlONAL. SECTION UNES . . - .. - - A:IGl-IT_QF"_WAY UNES - - --CENlERUNES - LOT UNES, INTERNAL - - LOT UNES. PLATTED OR BY OEED - - - - - - - - - - EASOlEHT UNES. VltOTH & PURPOSE NOTED ------------------ - OlSllNC EASELtEHT UNES. PURPOSE NOTED (R) - RECORDED D1Io1OlSlCl'lS (l,l) - "EASURED OI"ENSlONS C22-1 - CURVE SEGloIOlT NUIoIBER lHLSSNOl(IlO1llERWSE.AlLOIlIlDaQr(SNlElNFU:TNlDHUNORED'Jlo!S ERROR OF QOSlJRE IS LESS THAN 1 FOOT IN 20,000 FEET I~~II oWHERS' ATIORNEY: ThoDl.llS H. Gelman 321 E. Warket Street Iowa City, Iowa 52245 I certify thot during the month of September, 2005, at the direction of James R. Davis, 0 survey .....as mode under my super-vision of Outlot -A- of J..R Davis Second Addition, Iowa City, 10.....0, in occordance with the Plot thereof recorded in Book 49, at Poge t01 of the Records of the Johnson County Recorder's Office, which is 0 Portion of the Southeast Quarter of Section 20, Township 79 North, Range 6 West, of the Fifth Principal ~eridian, lowo City, Johnson County. lowo, the boundaries of which ore described os follows: ~ Harold John Dene. Jr. &; Allegra G. Dane 4-062 Dane Rd SE Iowa City, Iowa 52240 EAST 1/4 CORNER SECTION :Zo-179N-R15W THP.IoI. "'.. PAC( 1n .:;'" ...... t,. ~ =.2 0... = - _ r.l cO .- C rIl U -~ ~ '" ex. =~ Q~ ~ .., .., g ~b)l : S8P ... 0.- bl" RlW ~ o.Klled by. GD~ .{ ""'"' ! 09-14-05 :; n.td~H<< ~ SccH:1-"'100' ~ ...... ~ 1 of ~: Pro}ld~ 5479006F Outrot "A- of JJR Davis Sl!cOf'ld Addition, Iowa City, lowo, in accordance with the Plot thereof recorded in Book 49, at Page 101 of the Records of the Johnson County Recorder's Office, containing 6.68 acres, and subject to eosements and SEAL -----L r~.. b,... m. ... d, - ~o_ I Notary Publil;. In ond for the St~ of lowo.. - -- S4nl)'JJ"W 29.6e' - ) H_U~ JI.D~ [Q)&;' '0'~~ ulF{]n~[QJ / I. &;'[Q)[Q)mn(Q)1N] ! ~ ~ ~~~~~~;~~~~ " I ~~ - ~ -. ~"'- SOO"'EAST COR"" t SEC'TIQH 2o-l79N-R&W ~ tHE F1FlH PW F"QUNO 1/2" REB.A.Il: LS CAP ~ SOOK 44 AT PAC( 2!. PLATjPLAN APPROVED by the City of Iowa City "".. UTl.JTY~l'S,ASSHCl'/If<llotEll!ON.loIAYOll'IIAYHOT, ""CUJDES.o.HlTJJrT5E'IIIERU><<:S.,lNO/tlll:Sl1)RI,lSElllERU~ ,lIoIOjoR. ....TUlUlES;: sa: 00NSlRUCT10N P\.AHS roR OCTAA..S. UTlUTY Lo.SOlENl'S, AS Slolo-... f4EM:CH, ..tJl:E ADE:ClJATr FtR THElNSTAUJ,1IONMID.........lDlAlla:r:F1'WE:'ola.J'Il(SllEOUIR_ ED BY THE ~ AlXHOts. WIO~DIEl'lC'rco. """~- -- / .'-" fv1~ Prepared by: Tracy Hightshoe, PCD, 410 E. Washington 81., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 07-?Q') RESOLUTION APPROVING FUNDING FOR SUMMA ENTERPRISES, LLC D/B/A NILE VALLEY RESTAURANT FROM IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT - ECONOMIC DEVELOPMENT FUND AND AUTHORIZING THE CITY MANAGER TO ACT AS CHIEF ADMINISTRATIVE OFFICER AND SUBMIT ALL NECESSARY DOCUMENTATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the City of Iowa City has a Community Development Block Grant (CDBG) funded Economic Development Fund; and WHEREAS, the CDBG Economic Development Fund was approved within Iowa City's 2006- 2010 Consolidated Plan (CITY STEPS), as amended, as well as the FY06 and FY07 Annual Action Plans, a subpart of CITY STEPS, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City has disseminated information and the Iowa City City Council Economic Development Committee held two public meeting to discuss said project; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that the project submitted by SUMMA Enterprises LLC d/b/a Nile Valley Restaurant be allocated $25,000; and WHEREAS, the Iowa City City Council Economic Development Committee has recommended that these funds be in the form of an unsecured, seven-year (7 year) amortized loan with an annual interest rate of 4%; 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 an agreement with SUMMA Enterprises LLC d/b/a Nile Valley Restaurant for activities in connection with this allocation of public funds in the form of an unsecured, sever:1-year (7 year) amortized loan with an annual interest rate of 4% and is further authorized to terminate or amend said agreement. Passed and approved this 2nd day of . Approved by ~~ ~ ' ~ '(",0 i- City Attorney's Office ATTEST7~~--, ~ ~J CIT CLERK Resolution No. Page ') 07-29'> It was moved by C.orreia and seconded by adopted, and upon roll call there were: AYES: x x X x x NAYS: x O'Donnell ABSENT: the Resolution be ABSTAIN: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x f\ln ~ -, { Wi.J Prepared by: Kumi Morris, Engineering Division, 410 E. Washington 81., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 07-296 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIRE STATION #2 DEMOLITION AND CONSTRUCTION pROJECT. WHEREAS, Miron Construction Company, Inc. of Cedar Rapids, Iowa, has submitted the lowest responsible bid of $2,061,650.00 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 Miron Construction Company, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the co'ndition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 2nd day of October ,20 07 @L,L_f ~ M YOR ATTEST: .~ K ~ CITY LERK 2Ved by CL!4;~(~ .v City Attorney's Office ? ILu IcJ7 It was moved by Correia and seconded by Champion adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x X X X X x X pweng/res/awrdcon-fi restation2, doc ! ., l / ADVERTISEMENT FOR BIDS FIRE STATION #2 DEMOLITION AND CONSTRUCTION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:00 P.M. on the 25th day of September, 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 2nd day of October, 2007, or at a special meeting called for that purpose. The Project will involve the following: The demolition of the existing fire station at 301 Emerald Street and the construction of a new free- standing LEED-certified fire station on the same site. A pre-bid meeting will be held at 2:00 P.M. on the 13th of September, 2007, on-site at 301 Emerald Street. All work is to be done in strict compliance with the plans and specifications prepared by Rohrbach Associates, P.C., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days 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 one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: October 15, 2007, subject to notice to proceed. Specified Completion Date: July 31,2008 Liquidated Damages: $300.00 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 Iowa City Reprographics, Inc., 114 S. Dubuque Street, Iowa City, Iowa 52240 (Phone: 319-338-7872) by bona fide bidders. A $5.00 non-refundable fee and $100 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 Iowa City Reprographics, Inc. 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 business 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. AB-1 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 pwengladbidslFireStation 2.doc 8/07 AB-2 /l1~ ww I - - 18 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington 81., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 07-297 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SENIOR CENTER ADA RESTROOM RENOVATION PROJECT. WHEREAS, McComas-Lacina Construction of Iowa City, Iowa has submitted the lowest responsible bid of $299,700 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 McComas-Lacina Construction, 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 2nd day of OC'tohPr ,20 07 ~ l.)~ MAYOR ATTEST ~~ ,f/. .-K~ CIT LERK Appr~ved by J~~ d ~k~ urnV City Attorney's Office '7/:;2~/ct7 It was moved by 0' Donnell and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: x x X X x x x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Pweng/res/srctr -rr -renov. doc (~ ADVERTISEMENT FOR BIDS SENIOR CENTER ADA RESTROOM RENOVATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 11 :00 A.M. on the 25th day of September, 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, City Hall, at 7:00 P.M. on the 2nd day of October, 2007, or at a special meeting called for that purpose. The Project will involve the following: The renovation and remodeling of nine public restrooms for handicap accessibility in accordance with A.DA guidelines, and two new additional shower and restroom facilities in Senior Center located at 28 S. Linn Street. A prebid meeting will be held at 9:00 a.m. on the 13th of September, 2007, in Room G08 at the Senior Center located at 28 S. Linn Street. The prebid meeting is mandatory for prime bidders All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson P.C., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days 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 one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project Specified Start Date: October 3, 2007 Specified Completion Date: February 1, 2008 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk and at the office of Neumann Monson Architects PC located at 221 East College Street, Suite 303, Iowa City, Iowa. Copies of said plans and specifications and form of proposal blanks may be secured by bona fide prime bidders from Technigraphics, Iowa City, located at 125 S. Dubuque St., Iowa City, IA 52244, (319-355- 5950). A $10.00 non-refundable fee and $50 refundable fee is required for each set of bidding documents secured from Technigraphics. The fee shall be in the form of separate checks, made payable to Neumann Monson Architects PC. The refundable portion will be returned upon receipt of documents in good condition returned to Technigraphics. 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 business 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. AB-1 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 Pwenglad bids\sr ctr restroom.doc AB-2 NEUMANN MONSON ARCHITECTS -:A '5-1 b'1 ;:!:fIt' w~ /,,;; ICI11 COLLABORATIVE PROCESS PERFORMANCE SOl.UTIONS 1 October 2007 Kumi Morris, Architectural Services Coordinator City of Iowa City 410 East Washington Street, Iowa City, lA 52240 RE: Senior Center ADA Restroom Renovation Project Dear Kumi, Below you will find our approximate cost estimates for alternate items that could be included in are-bid of the project. The original text from our analysis was as follows: "While evaluating this information, please consider the following items as potential alternatives to decrease costs for a future re-bid. Plumbing lines could be switched from cast iron and copper to plastic. Hand dryers could be eliminated to reduce the necessity for an additional electrical panel, although it is not recommended to have a full existing panel as this option would require. The showers could be eliminated, but the two water closets would still need to be included in the facility. The extent of the replacement of finishes could be limited. While none of these options is strongly encouraged, they are possible options." Probable cost savings of the above items are as follows: Replace cast iron and copper waste lines with plastic = $7,000. Remove hand dryers from the project and remove the added electrical panel = $13,000. Remove showers (plumbing and finish out) and maintain empty shell space = $6,000. Remove all new lockers = $6,500. Limit new finishes on Mezzanine Floor (demo wallpaper, just add paint, maintain and clean existing tile, move fixtures, patch and match, reuse existing accessories) = $6,000. Limit new finishes on Second Floor (replace floor tile, maintain wall tile, move walls as required for ADA, move fixtures, reuse existing accessories) = $6,000. Total Savings = $44,500. Please be advised these numbers could vary as they were determined rather quickly. Please call with any questions. Thank you. Sincerely, Stephen Somsky and Matt Krieger Neumann Monson Architects n'1 1'0;~~7 I Prepared by: Kumi Morris. Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 07-?QA RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE EASTSIDE RECYCLING CENTER PROJECT. WHEREAS, the City of Iowa City desires to develop a recycling center on a purchased site located at 2401 Scott Boulevard; and WHEREAS, in the above mentioned project Shive-Hattery, Inc. in a feasibility study has generated a phasing plan with a refined cost estimate, topographic survey and LEED study, with a cost opinion and time line; and WHEREAS, the above mentioned project will entail a generation of plans and specifications to build the Eastside Recycling Center, including construction administration and the oversight of the LEED registration and pursuit of certification process; and WHEREAS, the CITY desires the services of a consulting firm to prepare final designs and perform other administration services for the construction of the Eastside Recycling Center Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shive-Hattery, Inc. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shive-Hattery, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement Passed and approved this 2nd day of G?: L-L; :ii-- MAYOR ---..... ATTEST:~~d k. ~-~ CITY LERK Approved by A1~-if ~wvr2{) -City Attorney's Office ? /.:l. "7/'; 7 pweng\res/eastsiderecyclingcenter.doc 9/07 Resolution No. Page 2 07-29B It was moved by Correia and seconded by Bailey adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x x X X X X X CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of October, 2007, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City or "Owner" and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas the City seeks to develop a recycling center on a purchased site located at 2401 Scott Boulevard consisting of the following preliminary list of functions: . Habitat ReStore . Electronic Waste Facility . Furniture Project . Sand/Salt Storage Facility . Salvage Barn . Concrete Truck Wash Station . Recycling Drop Site . Bulk Water Distribution Station . Oil Drop Site . Education Area . Compost Station . Administrative Spaces . Wood Chip Station . Household Hazardous Waste Trailer NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner: Based on the approved schematic design documents, dated May 29, 2007, prepare final design documents and perform LEED associated design and administrative services, or as detailed herein. Consultant will be compensated for such services by a combination of fixed fee and adjustable amount indicated under the "Compensation" section below. Construction Document Development: 1. Perform field investigation and documentation of existing conditions necessary for the final design. 2. Prepare drawings and specifications in two phases: Design Development (35% design) and Construction Documents (100% design). 3. Prepare the bid documents including the general conditions, bid forms, notice of hearing and bidding, phasing requirements, and drawings and technical specifications suitable for obtaining competitive bids for construction. 4. Provide project schedule and construction phasing requirements and review with Owner representatives for project sub-phases. 5. Review the proposed bid documents and cost opinion with City staff. East Side Recycling Center Page 1 of 5 106171-2 Biddinq Phase Services: 1. Printing and issuance of up to 40 sets of bidding documents. 2. Conduct a prebid meeting with the bidders and respond to questions during the bidding process. 3. Prepare and issue addenda, if necessary. 4. Assist in the evaluation of the bids received. Provide a bid tabulation and letter of recommendation of award. Construction Phase Services: 1. Provide on-site construction services consisting of conducting a preconstruction conference, pre-installation conference and construction observation visits to observe and report on work-in-progress. One site visit per 10 working days will be made. 2. Provide written reports to you relative to the progress of the work. 3. Review project submittals, contractor's pay requests and change orders. 4. Conduct one post-construction review of the work and generate a punchlist of the items requiring attention as required. 5. Assist with close-out procedures identified in the project specifications. LEED Services: Services related to Leadership in Energy and Environmental Design for New Construction (LEEO-NC) certification in accordance with the US Green Building Council's LEEO-NC Rating System, Version 2.2. Such services will include: 1. Registration of the project. 2. Design and specifications in alignment with selected target LEEO points. 3. Administration of online documentation. 4. Coordination with USGBC. 5. Procurement of Commissioning Authority. It is understood that the Consultant cannot guarantee that the project will achieve the targeted LEEO certification, which is dependent upon Owner and Consultant decisions, construction contractor compliance and interpretations of the US Green Building Council. Services by the City The City shall provide legal, accounting/financial/appraisal and insurance counseling services that may be necessary. The City shall provide identification and removal of hazardous substances and Phase II site evaluation and remediation. East Side Recycling Center Page 2 of 5 106171-2 The City shall provide for the vacation of easements which may be removed during the development of the project and shall provide consultant with all legal descriptions related to the property and any covenants affecting development of the site. The City shall provide a specialty environmental consultant to design and monitor construction of the bioswales. The environmental consultant shall work with the Consultant to incorporate bioswale requirements in to the Contract Documents. II. TIME OF COMPLETION The following are the target milestone dates. Construction Documents to City Set Public Hearing Hold Public Hearing Accept Bids Award Construction Contract in Council March 7, 2008 March 11, 2008 March 25, 2008 April 17, 2008 April 22, 2008 The services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the scope of services, with a mutually agreed upon schedule. 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. 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. East Side Recycling Center Page 3 of 5 106171-2 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. 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. East Side Recycling Center Page 4 of 5 106171-2 IV. COMPENSATION FOR SERVICES The City will compensate the Consultant the following lump sums, payable in phases for the above-described design services: Design Development Construction Document Bid Construction Administration LEED Design and Administration TOTAL: $47,300 $94,770 $8,400 $34,970 $26,900 $212,340 In addition to this fee, our project-related expenses will be reimbursed at our Standard Hourly Fee Schedule in effect at the time the services are performed. We anticipate the reimbursable expenses (e.g., printing, reproductions, and mileage) will be the following amounts in addition to the fees identified above: Reimbursable Expenses (allowance) LEED Certification Fees (allowance) Commissioning Authority (allowance) Subtotal Reimbursable Expenses $ 25,000 $ 5,000 $ 15,000 $ 45,000 Should reimbursable expenses exceed these amounts, the Consultant will notify the City in advance for the City's authorization. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the respective Design Professions. 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. ::~LJ~ BY:~~ Mark Seabold, AlA Title: Mayor Title: Project Architect q {'2U' ! tf1 Date: Date: ()('rnh~r?, 2007 ATTEST: 7~';'U4A') TV ~ Cit ... Clerk Approved by: ~ J Ii J 0(/1. n ..+ffv..tx.-.1. .//1 W--r\NII'f)1ri/ City Attorney's Office lo{ 1/1:>7 Date pw\forms\consagmt.frm East Side Recycling Center Page 5 of 5 106171-2 :1# ! :-1 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of October, 2007, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Whereas the City seeks to p'a recycling center on a purchased site located at 2401 Scott Boulevard consisting of t e following preliminary list of functions: ! . Habitat eStore . Electronic Waste facility . Furnitur Project . Sand/Salt Stora e Facility . Salvage Barn . Concrete Truc Wash Station . Recyclin~ Drop Site . Bulk Water stribution Station . Oil Drop ~ite · Education frea . Compost Station . Admi;:n'st tive Spaces . Wood Chi~Station · Hous.e Id HazardousWaste \ Trail~ \ / \ ,/ NOW THEREFORE, it is ag~. ed by and betwe.er/t'he parties hereto that the City does now contract with the Consultant to p ovide services aS,let forth herein. / I. SCOPE OF SERVICES \ // . ' /1" Consultant agrees to perform the fol wing s.li!'rvices for the City, and to do so in a timely and satisfactory manner. Based on the a ro~id schematic design documents, dated May 29, 2007, prepare final design documents nd perform LEED associated design and administrative services. We will provide design services for the pr 'eet scope described above for a combination of fixed fee and adjustable amount indicat~ under he "Compensation" section below. 1. Perform field investigation and documen tion of existing conditions necessary for the final design. Construction Document Develodment: 2. Prepare drawings and specifications in two ases: Design Development (35% design) and Construction Documents (100% design). 3. Prepare the bid documents including the genera conditions, bid forms, notice of hearing andibidding, phasing requirements, and awings and technical specifications suitable fot obtaining competitive bids for construc n. 4. Provide project schedule and construction phasing re uirements and review with Owner representatives for project sub-phases. 5. Review the proposed bid documents and cost opinion wit '. East Side Recycling Center Page 1 of 5 106171-2 Biddinq Phase Services: 1. Printing and issuance of up to 40 sets of bidding documents. 2. Conduct a prebid meeting with the bidders and respond to questions during the bidding process. 3. Prepare and issue addenda, if necessary. 4. Assist in the evaluation of the bids received. Provide a bid tabulation and letter of recommendation of award. Construction Phase Services: ( I 1. Provide on-site constructi services consisting of conducting a preconstruction conference, pre-installatio conference and construction oD$ervation visits to observe and report on work-in-prog ss. One site visit per 10 wqrking days will be made. l/" Provide written reports to yo relative to the progre9-lof the work. / , / Review project submittals, corttractor's pay rersts and change orders. Conduct one post-construction \view of thrork and generate a punchlist of the items requiring attention as required. \ I 5. Assist with close.out procedures ~~ in the project specifications. LEED Services: A Services related to Leadership in ergy \ nd Environmental Design for New Construction (LEED-NC) certification in accord a e with ~e US Green Building Council's LEED-NC Rating System, Version 2.2. Such servic swill includr: 1. Registration of the proj~t. I 2. 3. 4. 2. Design and specifica.ri~ns in alignment wi selected target LEED points. / ./ 3. Administration of .6nline documentation. I / 4. Coordination w1f~ USGBC. i / 5. procuremeji of Commissioning Authority. " It is understood Jhat the Consultant cannot guarantee that the project will achieve the targeted LEEO certificatfon, which is dependent upon Owner nd Consultant decisions, construction contractor CO,r\pliance and interpretations of the US Gre n Building Council. l Services by'the City / The City/shall provide legal, accounting/financial/appraisal nd insurance counseling services that may be necessary. The City shall provide identific !ion and removal of hazardous substances and Phase II site evaluation and remediation.' East Side Recycling Center Page 2 of 5 106171-2 The City shall provide for the vacation of easements which may be removed during the development of the project and shall provide consultant with all legal descriptions related to the property and any covenants affecting development of the site. The City shall provide a specialty environmental consultant to design and monitor construction of the bioswales. The environmental consultant shall work with the Consultant to incorporate bioswale requirements in to the Contract Documents. II. TIME OF COMPLETIc(N The following are the target m~stone dates. '; Construction Documents to City \ Set Public Hearing \ Hold Public Hearing \.. Accept Bids \ Award Construction Contract in Cou~il March 7, 2008 March 11, 2008 March 25, 2008 April 17, 20QS April 22, 4008 ,. \ The services shall be performed as ~peditiously as i~/60nsistent with professional skill and care and the orderly progress of the sCq>e of servicesrwith a mutually agreed upon schedule. \ '. , / III. GENERAL TERMS " I ". ,/ \ /,! The Consultant shall not co~it any of the following employment practices and agrees to prohibit the follow,irlg Rractices in any subcontracts. /I'/ \ To discharge oytefuse t~ hire any individual because of their race, color, religion, sex, fl'ational origi[1, disability, age, marital status, gender identity, or sexual orientation. \ \ i. A. 2. To disqitninate against any\'individual in terms, conditions, or privileges of empl9yment because of th~ir race, color, religion, sex, national origin, dis~i1itYI age, marital status, ~ender identity, or sexual orientation. \ B. Should }ne City terminate this Agree~nt, the Consultant shall be paid for all work and services performed up to the tim~ of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may te~minate this Agreement upon seven\ (7) calendar days' written notice to the Gonsultant. \ . C. This Agreement shall be binding upon t successors and assigns of the parties hereto. provided that no assignment sh II be without the written consent of all Parties to said Agreement. .6. It is understood and agreed that the retenti n of the Consultant by the City for the purpose of the Project shall be as an i dependent contractor and shall be exclusive, but the Consultant shall have th right to employ such assistance as may be required for the performance of the P ject. 106171-2 ~ East Side Recycling Center Page 3 of 5 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 Qrdinanees-efthe City of Iowa City, Iowa. G. At the request of t e City, the Consultant shall attend meetings of the City Council relative to the wor set forth in this Agreement. Any requests made by the City shall be given with r asonable notice to the Consultant to assure attendance. H. The Consultant agre s to furnish, upon termination of this Agreement and upon demand by the City, ~pies of all basic notes and sketches, charts, computations, and any other data ~epared or obtained by t96 Consultant pursuant to this Agreement without cos and without restrictions,..6r limitation as to the use relative to specific projects cove ed under this Agreerpent. In such event, the Consultant shall not be liable for the City's use of such d9'cuments on other projects. \ ! I. The Consultant agrees to \urnish all reptf~ specifications, and drawings, with the seal of a professional eng~eer affixe~ thereto or such seal as required by Iowa faw. / i J. The City agrees to tender t C9f1sultant all fees in a timely manner, excepting, however, that failure of the C n~ultant to satisfactorily perform in accordance with this Agreement shall constitu ' grounds for the City to withhold payment of the amount sufficient to prop~,rl complete the Project in accordance with this Agreement. ' K. Should any section of,/'this Agr ement be found invalid, it is agreed that the remaining portion shaJt be deeme severable from the invalid portion and continue in full force and effect. L. Original contract/drawings shall bec me the property of the City. The Consultant shall be allowed' to keep mylar repr ucible copies for the Consultant's own filing use. M. Fees paid"tor securing approval of au orities having jurisdiction over the Project will be p~8 by the City. o. / N. Upon signing this agreement, Consultan acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or em pi ee from having an interest in a contract with the City, and certifies that no employ e or officer of the City, which includes m'smbers of the City Council and City boa s and commissions, has an interest, .~ither direct or indirect, in this agreement, th t does not fall within the exceptions to .//said statutory provision enumerated in Sectio 362.5. The Consultant agrees at all times material to is Agreement to have and maintain professional liability insurance covering t Consultant's liability for the Consultant's negligent acts, errors and om is ions to the City in the sum of $1,000,000. , i f East Side Recycling Center Page 4 of 5 106171-2 IV. COMPENSATION FOR SERVICES The City will compensate the Consultant the following lump sums, payable in phases for the above-described design services: Design Development Construction Document Bid Construction Administration LEED Design and Administration TOTAL: $47,300 $94,770 $8,400 $34,970 $26,900 $212,340 f In addition to this feour project-related expenses will be reimbursed at our Standard Hourly Fee Schedule in effe~t the time the services are performed. We anticipate the reimbursable expenses (e.g., printin ,\reproductions, and mileage) will be the following amounts in addition to the fees identified abov :\ \ Reimbursable Exp' nses (allowance) LEED Certification. ees (allowance) Commissioning Auth rity (allowance) Subtotal Relmbursa e Expenses $ 25,000 $ 5,000 $ 15,000 $ 45,000 Should reimbursable expehses xceed these an:>6unts, the Consultant will notify the City in advance for the City's aut~orizati n. ,: V. MISCELLANEOUS I / / All provis'ions of the r,~ement shall be reconciled in accordance with the generally accepted stand 'rds of the respective Design Professions. f i It is further agreed thit th e are no other considerations or monies contingent upon or resulting fr~m the xecution of this Agreement, that it is the entire Agreement, and thafno other onies or considerations have been solicited. /1 / ! I A. B. Title: FOR THE CONSULTANT FOR THE CITY By: ~~ Mark eabold, AlA Tit: Project Architect -1-/ U IOJ Date: ATTEST: Date pwlformslconsagmtfrm East Side Recycling Center Page 5 of 5 106171-2 ::trc2o IVI c/-a I~ () Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 07-299 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE PAR GROUP FOR SERVICES IN CONNECTION WITH THE SEARCH FOR A NEW CITY MANAGER. WHEREAS, City Council desires to conduct a search in order to identify the best candidate for a new City Manager; and WHEREAS, after requesting qualifications from interested executive search firms and interviewing the same, the Council chose The PAR Group as its preferred search firm; and WHEREAS, City staff and The PAR Group have negotiated an agreement for services to provide assistance in the selection of candidates for the City Manager position through a tailored search process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. It is in the public interest to enter into the attached agreement. 2. The attached agreement is hereby approved as to form and content. 3. The Mayor is authorized to execute and City Clerk to attest the attached agreement in duplicate. 4. The Personnel Administrator shall forward the agreement to The PAR Group for signatures and return one fully executed agreement to the City Clerk. Passed and approved this --1.lliL day of Or'ohp' -7' 20JU. , Q1 ~ .:!.. L )'_ JL.A--." AYOR ATTEST:~~~~ k. ~.-uJ CI CLERK AP~L W City Attorney's Office IJ 7 7-dt-O Resolution No. Page ? 07-299 It was moved by C.orrf'i;;J and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Bailey ABSENT: the Resolution be Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn PROFESSIONAL SERVICES AGREEMENT This Agreement, entered into this ~ day of October, 2007, is made by and between the City of Iowa City, Iowa, hereinafter referred to as "City" and The PAR Group, hereinafter referred to as "Consultant." 1, Project: The City agrees to engage the Consultant to assist the City Council in the recruitment, screening, interviewing and selection of Candidates from which the City Council may appoint a City Manager. 2, Services: The Consultant agrees to perform certain services necessary for completion of the project, which services shall include those tasks outlined in Attachment A. These services shall be provided by Robert Beezat, Of Counsel. 3. Relationship: The Consultant is an independent contractor and is not to be considered as an agent or employee of the City. 4, Compensation: As full compensation for the Consultant's professional services performed under this agreement, the City shall pay the Consultant the amounts detailed in the following schedule: · Professional fee . Reimbursable expenses (consultant travel, postage/ shipping, telephone/ fax, office support services, printing/ photocopy) · Education verification and court/ credit/ motor vehicle records searches · Print media searches (Lexis-Nexis) $15,000 not to exceed $4,500 $125 per Finalist Candidate $40 per Finalist Candidate Optional services: . Conduct of focus groups $1,000 per day ($500 per half day), plus expenses (see step 1 of search process, Attachment A) . Myers-Briggs testing $200 per Finalist Candidate Professional announcements are generally billed to the City directly by publishers and are not included in reimbursable expenses. Candidate travel expenses for interviews are not included in the above fee proposal. The professional fee is payable in three equal payments, billed during the course of the recruitment, with the first payment for professional services due upon acceptance of our proposal, the second statement billed following recommendation of Candidates, and the final one- third billing upon completion of the recruitment assignment. Reimbursable expenses may be billed on a monthly basis. 5, Method of Payment: Progress payments of the Consultant's fee shall be made by the City upon receipt of billings from the Consultant. 6. Term: The term of this Agreement shall commence on the date the Agreement is approved by the City and shall continue, subject to the termination provisions in Paragraph 8, until the Consultant completes the Project. 7. Timeline: Barring unforeseen circumstances the search process will be completed by the end of March, 2008. City of Iowa City, Iowa Page 2 8. Confidentiality: Applications received for the position, including resumes and background information, shall, to the extent allowed by law, remain confidential until an applicant is selected for personal interview and employment consideration. Consultant shall be responsible for notifying candidates of their ability to maintain confidentiality until final interview and securing their written request for confidentiality. 9, Guarantee: Our Client satisfaction policy provides that, should the appointed City Manager, at the request of City Officials or the Manager's own determination, leave the employ of the City within the first 12 months of appointment, we will, if desired, conduct another search for the cost of expenses and announcements only. In addition, in accordance with the policy of our firm, as well as established ethics in the executive search industry, upon establishment of a Client relationship with the City of Iowa City, we wm not recruit employees from your organization for other public management positions without your knowledge and permission. 10. Termination: This Agreement may be terminated as follows: (a) by either party at any time for failure of the other party to comply with the terms and conditions of the Agreement; (b) by either party upon 10 days prior written notice to the other party; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional services through the date of termination. 11, Miscellaneous: a. The entire agreement between the parties with respect to the subject matter hereunder is contained within the Agreement. b. Neither this Agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City. c. This Agreement shall be modified only by a written agreement duly executed by the City and the Consultant. d. Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. All notices required or permitted under this Agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party's address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party. Dated this ~ day of tQcJ,;be.r- ,2007. CfIY~y, IOWJLt BY: _U,., Ross Wilburn, Mayor ATIEST:~~,f. .~~ Marian K. Karr, City Clerk 410 E. Washington Street Iowa City, IA 52240 -- THE PAR GROUP ~th VtlV\~ Heidi Voorhees, President The PAR Group 100 N. Waukegan Road, Suite 211 Lake Bluff, IL 60044 PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A Tailored Search Process Our executive search process is highly professional and personalized. We will assist Iowa City Officials from commencement to conclusion of the assignment, until a completely acceptable Candidate is appointed to the position. We handle all of the administrative details of the entire recruitment process, so City Officials can limit their involvement to the significant, decision-making aspects of the selection process, thus minimizing interruption of attention to other on-going concerns and responsibilities. Our initial effort in assisting the City of Iowa City would be to develop a Recruitment Profile that sets forth detailed qualifications for the City Manager position, reflecting both current and longer range organizational expectations relating to the position. The Profile serves as a key instrument for recruiting and screening Candidates in accordance with the unique needs identified as particularly desirable for the position. Our executive search process would be as follows, subject to mutually agreed upon modification: 1. Interview the Members of the City Council, Department Heads, and key Staff, all toward achieving clarity and consensus concerning the specific nature of duties, responsibilities and expectations of the City Manager position. Interview data will be used to prepare a Recruitment Profile for approval by the City Council. During our on-site interview activities we devote significant effort to become knowledgeable and familiar with the municipal organization, community institutions and leadership, gain a sense of the city as a place to live and work, understand intergovernmental activities/relationships, take note of cultural and socioeconomic diversity, and other efforts, all to clearly understand and be able to straightforwardly present prospective Candidates (and their families) with information having an important bearing on their decision to consider the Iowa City position. To the extent and manner as directed by the Mayor and City Council, we shall be pleased to conduct focus group sessions, comprised of community leadership and citizenry, in an expanded effort to determine input and feedback from such persons for inclusion in the draft Profile prepared for City Council review, amendment, and ultimate approval; this service/assistance would be provided for an additionai fee as set forth in the Professional Services Agreement. 2. Conduct an intensive independent professional search and recruitment effort, utilizing an extensive local, regional and national contact network, seeking out qualified Candidates who may not otherwise have an interest in your recruitment. 3. Place announcements in appropriate professional publications and on the internet to provide maximum exposure of the position's career opportunity and to ensure an open recruitment process. 4. Process all applications received from recruitment and announcement efforts, including timely acknowledgments of receipt of application and status of recruitment information to all Applicants, on behalf of the City. 5. Screen all applications received, matching all Applicants' credentials with the specific criteria qualifications stated in the Recruitment Profile. 6. Interview prospective Final Candidates and make background inquiries and reference checks with current employer and, where appropriate, most recent prior employer, and verify claimed educational achievement. 7. Present a written report to the City Council on applications received for the position, including resumes and background information on those individuals considered to be most qualified and best suited for the position, recommending approximately 8 - 10 such persons for personal interview consideration. 8. Facilitate the selection of Candidates to be invited for personal interview and appointment consideration; we recommend that no fewer than five Candidates be interviewed. 9. Arrange for additional background inquiries of Candidates selected for interview, to include criminal court, credit, and motor vehicle records checks and print media searches, as desired by the City. 10. Provide, if desired, personality "type" profiles of the Finalist Candidates utilizing the recognized Myers-Briggs Type Indicator@ (MBTI@) Test and analysis. The MBTI results provide a means to assist Council Members in making distinctions and understanding differences of management and personal style among Candidates. The MBTI has been employed by a wide variety of users in business, government, and training services for 40 years as a recognized tool to assist organizations to appreciate the differences of individuals and their approaches to work and interaction. MBTI results are also used in organizations to help understand and adapt to different management styles and approaches to work methods, assist in making the most of human resources, and facilitate more effective communications with peers, employees, and su pervisors. 11. Prepare interview questions and procedure for use by the City Council, developing a process which will ensure that the same questions are asked of each Candidate and that each interview is thoroughly and consistently evaluated. 12. Coordinate arrangements for Candidates' travel to Iowa City for interviews, be present during interview sessions to facilitate effective discussion and deliberation toward the City's selection of a Final Candidate, and also assist in employment negotiation between the Final Candidate and City Officials, as desired. 13. Facilitate an event where members of the community have the opportunity to "Meet and Greet" the finalist candidates and share their observations with elected officials. 14. Notify all Applicants of the final appointment action by the City Council, including professional background information on the successful Candidate. ,~ 1 ~~~'llt ,,~~gg.' ........ ... CITY OF IOWA CITY MEMORANDUM ~ ~ Date: September 27,2007 From: City Council Eleanor Dilkes, City Attorney eu/ To: Re: Agreement with The PAR Group-City Manager Search On your agenda for October 2nd is the proposed agreement with The PAR Group for the City Manager search. With respect to the timeline, I wanted to pass along what Bob has told me about the schedule that will be necessary in order to complete the search by the end of February, 2008. . October 2 . October 15 - 26 . No later than November 10 . November 16 . Nov 16 - Jan 16 . January 16 . Early in week Of January 21 . Early February . End of February Council approves proposed agreement. PAR Meets with City Council and Department Heads. Community input for recruitment profile complete. Approval by City of Recruitment Profile and Professional Announcement 60 day period for PAR to recruit, screen and evaluate candidates PAR Report to Mayor and Council of top 10-12 candidates PAR Meets with Mayor and Council to select 5-6 candidates for interviews Hold interviews Mayor and Council make formal appointment If there are delays in any of the above steps in the process due, for example, to budget meetings or the community input process, it could push the schedule out a couple weeks. Unforeseen circumstances do sometimes occur. Occasionally an appointment is not made from among the first pool of interviewed candidates for a variety of reasons and a second pool of candidates needs to be brought in, interviewed, etc. that would extend the process by another month to the end of March 2008. Please call me if you have any questions. cc: Sylvia Mejia, Personnel Administrator Marian Karr, City Clerk eleanor/mem/PARagreement9-26-07.doc PROFESSIONAL SERVICES AGREEMENT This Agreement, entered into this _ day of October, 2007, is made by and between the City of Iowa City, Iowa, hereinafter referred to as "City" and The PAR Group, hereinafter referred to as "Consultant." 1. Project: The City agrees to engage the Consultant to assist the fity Council in the recruitment, screening, interviewing and selection of Candidates from which the ity Council may appoint a City Manager. Services: The C. onsult~t agrees to perform certain services nec ssary for completion of the project, which services shall inc de those tasks outlined in Attachme A. These services shall be provided by Robert Beezat, Of Cou el. \ Relationship: The Consultaht is an independent contracto and is not to be considered as an agent or employee of the City. \ . \ Compensation: As full compe~ation for the Cons ltant's professional services performed under this agreement, the City shall pay e Consultant th amounts detailed in the following schedule: . Professional fee $15,000 . Reimbursable expenses (consulta t travel, I not to exceed $4,500 postage/ shipping, telephone/ fax, ffice / support services, printing/ photoco ) / Education verification and ,/ court/ credit/ motor vehicle records i~ rches . Print media searches (LeXis-Nex~l \ Optional services: 2. 3, 4. . $125 per Finalist Candidate $40 per Finalist Candidate . Conduct of focus groups $1,000 per dfiy ($500 per half day), plus expenses (see step 1 of search process, Attachment A) . Myers-Briggs testing $200 per Finalist Candidate Professional announcements are generally billed to the City directly by publishers and are not included in reimbursable expenses. Candidate travel'~penses for interviews are not included in the above fee pr?posal. Th.e. ,profes~ional fee is payable in ~ee equal ~ayments, billed during the course of the recrUItment, WIth the fust payment for profes lOnal servIces due upon acceptance of our proposal, the second statement billed following recomTI\endation of Candidates, and the final one- third billing upon completion of the recruitment assignment. Reimbursable expenses may be billed on a monthly basis. \ 5. Method of Payment: Progress payments of the Consultant1s fee shall be made by the City upon receipt of billings'from the Consultant. 6. Term: The term of this Agreement shall commence on the date\ the Agreement is approved by the City and shall continue, subject to the termination provisions in Paragraph 8, until the Consultant completes t~1project. 7. Ti~eline: brring unforeseen circumstances the search process will be completed by the end of March, 2008. City of Iowa City, Iowa Page 2 8. Confidentiality: Applications received for the position, including resumes and background information, shall, to the extent allowed by law, remain confidential until an applicant is selected for personal interview and employment consideration. Consultant shall be responsible for notifying candidates of their ability to maintain confidentiality until final interview and securing their written request for confidentiality. 9. Guarantee: Our Client satisfaction policy provides that, should the appointed City Manager, at the request of City Officials or the Manager's own determination, leave the employ of the City within the first 12 months of appointment, we will, if desired, conduct another search for the cost of expenses and announcements only'~In addition, in accordance with the policy of ur firm, as well as established ethics in the ex cutive search industry, upon establishment of lient relationship with the City of Iowa City, we will not recruit employees from your or nization for other public management positions without your knowledge and permission. 10. Termination: This Agreement, may be terminated as follows: by either party at any time for failure of the other party to comply with the terms and condi 'ons of the Agreement; (b) by either party upon 10 days prior written n\ tice to the other party; 0 (c) upon mutual written agreement of both parties. In the event of termi tion, the Consultant s all stop work immediately and shall be entitled to compensation for professi nal services throug the date of termination. a. The entire agreement between contained within the Agreement. is 11, Miscellaneous: b. Neither this Agreement nor any rights the Consultant without the prior written ~ / c. This Agreement shall be modifiedtnly by written agreement duly executed by the City and the Consultant. / / d. Should any of the provisions iereunder be fo d to be invalid, void or voidable by a court, the remaining provisions shall rema~ in full force and e ect. ! , All notices required or permited under this Agreemen shall be deemed to have been given if and when deposited in the Unit/d States mail, properly sta ed and addressed to the party for whom intended at such party' s a~dress listed below, or when de 'vered personally to such party. A party may change its address fol notice hereunder by giving writte notice to the other party. / / / Dated this _ day of I / CITY OF lOW A CITY, IOtv A \ obligations hereunder shall be assigned or delegated by ent of the City. ,2007. BY: , , . Ross wilburn'fayor ! Marian K. Karr, City Clerk 410 E. Washington Street Iowa City, IA 52240 Heidi Voo ees, President The PAR Gr up 100 N. Wauke an Road, Suite 211 Lake Bluff, IL 044 ATTEST: PROFESSIONAL SERVICES AGREEMENT ATTACHMENT A Tailored Search Process Our executive sear process is highly professional and personalized. We will assist Iowa City Officials from commence nt to conclusion of the assignment, until a completely acceptable Candidate is appointed to the position. e handle all of the administrative details of the entire recruitment process, so City Officials can limit thei involvement to the significant, decision-making aspec of the selection process, thus minimizing interru tion of attention to other on-going concerns and resp, nsibilities. \ \ \ Our initial effort in assisting th~\City of Iowa City would be to develop a R cruitment Profile that sets forth detailed qualifications for th~ City Manager position, reflecting both rrent and longer range organizational expectations relating to'if.e position. The Profile serves as a ke instrument for recruiting and screening Candidates in accordance \~rith the unique needs identified a articularly desirable for the position. \\ \ Our executive search process would be a~ follows, subject to mu lly agreed upon modification: \ \ 1. Interview the Members of the City nt Heads, and key Staff, all toward achieving clarity and consensus conce ing the spec' c nature of duties, responsibilities and expectations of the City Manager positio Interview ata will be used to prepare a Recruitment / Profile for approval by the City Council. / !/ During our on-site interview activities we de oti/significant effort to become knowledgeable and familiar with the municipal organization, co , ,/ unity institutions and leadership, gain a sense of the city as a place to live and work, unders!:in intergovernmental activities/relationships, take note of cultural and socioeconomic divers,jty, a other efforts, all to clearly understand and be able to straightforwardly present prospfi!ttive Ca didates (and their families) with information having an important bearing on their d~'cision to co sider the Iowa City position. To the extent and manner as direc~d by the Mayo and City Council, we shall be pleased to conduct focus group sessions, cOfil.prised of communi leadership and citizenry, in an expanded effort to determine input and ~~edback from such p sons for inclusion in the draft Profile prepared for City Council revi~w, amendment, and ul ate approval; this service/assistance would be provided for an ad*honai fee as set forth in the ofessional Services Agreement. 2. Conduct an intensive ind,ependent professional search a recruitment effort, utilizing an extensive local, regional a~d national contact network, seeking ut qualified Candidates who may not otherwise have an interest in your recruitment. I J J 3. Place announcements/in appropriate professional publications a d on the internet to provide maximum exposurj'of the position's career opportunity and to nsure an open recruitment process. / 4. Process all applations received from recruitment and announcemen efforts, including timely acknowledgments of receipt of application and status of recruitm nt information to all Applicants, on behalf of the City. 5. Screen all applications received, matching all Applicants' credentials with the specific criteria qualifications stated in the Recruitment Profile. 6. Interview prospective Final Candidates and make background inquiries and reference checks with current employer and, where appropriate, most recent prior employer, and verify claimed educational achievement. 7. Present a written report to the City Council on applications received/for the position, including resumes and background information on those individuals conside ed to be most qualified and best suited for the position, recommending approximately 8 - 0 such persons for personal interview consideration. Facilitate the selection of ~didates to be invited for pe sonal interview and appointment consideration; we recommenf that no fewer than five Cand' ates be interviewed. \ / Arrange for additional back~~und inquiries of Candjdates selected for interview, to include ~~mc'::;J. court credit, and mo \r vehicle records c.:e!rs and print media searches, as desired by Provide, if desired, personality' pelf profiles o~ithe Finalist Candidates utilizing the recognized Myers-Briggs Type Indicator@ ( BTI@) Test and analysis. The MBTI results provide a means to assist Council Members in makin distinctions and understanding differences of management and personal style among Candida es. The MBTI has been employed by a wide variety of users in business, government, and tra' . g .S'ervices for 40 years as a recognized tool to assist organizations to appreciate the diff ences of individuals and their approaches to work and interaction. MBTI results are also u ed in organizations to help understand and adapt to different management styles and app aches to work methods, assist in making the most of human resources, and facilitate more fective communications with peers, employees, and supervisors. 8. 9. 10. 11. Prepare interview questions and procedure for use by the City Council, developing a process which will ensure that the same questions are sked of each Candidate and that each interview is thoroughly and consistently evaluated. 12. Coordinate arrangements for Candidates' travel 0 Iowa City for interviews, be present during interview sessions to facilitate effective discussion d deliberation toward the City's selection of a Final Candidate, and also assist in employment n otiation between the Final Candidate and City Officials, as desired. 13. Facilitate an eve~ where members of the community ha e the opportunity to "Meet and Greet" the finalist cand,idates and share their observations with el ted officials. 14. Notify all Applicants of the final appointment action by the backgroun'information on the successful Candidate. /1 'ty Council, including professional