The URL can be used to link to this page

Home My WebLink About1989-03-21 Resolutiono e'(0 RESOLUTION NO. 89 -SS RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL Op IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: College St. Club It was moved by Balmer and seconded by Horowitz that the Resolution as read e adopted,—and upon roll call t ere were: Attest: City- ClerK AYES: NAYS: ABSENT: Ambrisco R Balmer x Courtney x Horowitz x Kubby x Larson x _ NkDonald X Passed and approved this 21st day of March 1989 Myorpro .Tem ` Attest: City- ClerK j iJ RESOLUTION NO. 89-56 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOP- MENT PLAN FOR CREATIVE WORLD CHILD DAY CARE CENTER ON LOT 18, HIGHLANDER DEVELOPMENT, FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Northgate Park Associates, has filed with the City Clerk of Iowa City, Iowa, an application for approval of a preliminary Large Scale Non - Residential Development Plan for Lot 18, Highlander Development, First Addition; and WHEREAS, said Large Scale Non -Residential Development is for the construction of a child day care center; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the preliminary Large Scale Non -Residential Development Plan and have recommended of same; and WHEREAS, the preliminary Large Scale Non -Residential Development Plan has been examined by the Planning & Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the preliminary Large Scale Non -Residential Development Plan is found to conform with all of the pertinent requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary Large Scale Non -Residential Development Plan for Creative World Child Day Care Center on Lot 18, Highlander Development, First Addition is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this resolution and of said plan after passage and approval by law. It was moved by Balmcr and seconded by Morowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 21st day of March 1989. C1124� � ° G`tc�c�.'lticr � MAYORFro tem 6' Approved as to Form r/f� ATTEST:2?1a , > ��ega D part y CITY CLERK bi i STAFF REPORT To: Planning & Zoning Commission Item: S-8908. Creative World Child Day Care Center. GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Parcel size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: File date: 45 -day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Transportation: Physical characteristics: Prepared by: Barry Beagle Date: March 2, 1989 Northgate Park Associates 325 E. Washington Street Iowa City, Iowa 52240 Phone: 337-4195 Preliminary Large Scale Non - Residential Development (LSNRD) Plan approval. To permit development of a child care facility. 2717 Northgate Drive, Lot 18, Highlander Development First Addition. 2.16 acres. Office Commercial. Undeveloped; CO -1. North - Undeveloped; CO -1. South - Commercial (Hotel); CH -1. East - Undeveloped; CO -1. West - Commercial (Office); CO -1. February 10, 1989. March 27, 1989. Adequate public water and sewer service is available. Police and fire protection is available. Sanitation service to be provided by a private hauler. Vehicular access provided by Northgate Drive which intersects with Highway 1 North less than one- quarter mile to the west. Moderately sloping grassland draining to the north. YJ 07 1 7 00 f BACKGROUND: Northgate Park Associates proposes the development of a child care facility on Lot 18 of Highlander Development First Addition known as Creative World Child Day Care Center. The proposed facility is designed to be an integral part of the office park, allowing people to have child care service near their place of employment. Within the CO -1, Commercial Office Zone, child care facilities are permitted as a special exception. On July 21, 1988, the applicant submitted a request for approval of a special exception to permit establishment of a child care facility serving up to 131 children, ranging from infants to toddlers. The proposed facility would provide 5,651 square feet of accessible, usable interior floor space and three (3) separate fenced outdoor play areas totaling 6,233 square feet. The site development plan accompanying the application identifies the balance of the site to remain as open space. On August 10, 1988, the Board of Adjustment acted to approve the special exception, authorizing the child care facility, subject to compliance with all City Ordinances and in accordance with the site development plan submitted July 29, 1988. For more information, please refer to the decision and minutes of the Board of Adjustment. ANALYSIS: As a development over two (2) acres in area, Northgate Park Associates, has made application for preliminary Large Scale Non -Residential Development (LSNRD) Plan approval. If approved, final LSNRD plan approval shall be by administrative review provided the plan does not deviate from the parameters set by the approved preliminary plan. The proposed preliminary plan has been prepared in accordance with the site development planapproved by the Board of Adjustment and is in substantial compliance with the Large Scale Non -Residential Development regulations and applicable sections of the Zoning Ordinance. For the number of children to be cared for, a total of 22 parking spaces are required and have been provided on the plan. Based upon the site's frontage on Northgate Drive, a total of 11 large or 15 small right-of-way trees are required and need to be provided. Stormwater management has been provided for the subdivision for which the site is a part and requires no additional on-site detention. Each use is somewhat unique with respect to traffic generation and traffic circulation patterns on and off site. The most notable characteristics associated with child care facilities are the peak periods when children are dropped -off or picked -up at the facility. Recognizing this characteristic, child care facilities should be designed to accommodate a convenient traffic circulation system by which parents can easily pass-through the site while dropping -off or picking -up their children. The need for such a convenient circulation system increases as the size of the facility, and the amount of traffic associated therewith, increases. Unless well planned, and designed to meet the needs of the facility, traffic congestion is likely to result, not only affecting traffic movements on-site, but impede the flow of traffic on adjoining streets. In staff's view, the proposed access and parking layout does not accommodate the necessity for a convenient traffic circulation system required for a facility serving 131 children. The single access and parking layout does not recognize the need for a convenient pass-through circulation system associated with parents dropping -off or picking -up their children. Since the proposed design does not establish a convenient traffic circulation pattern, the resulting on-site congestion will begin to impede the normal flow of traffic on Northgate Drive, tf3/ 3 or more seriously, parents will begin to use Northgate Drive to stop and pick- up or drop-off their children. To eliminate these potential problems, a second access drive onto Northgate Drive should be established that would facilitate the pass-through traffic circulation pattern needed for this size facility. Economic Impact: The applicant estimates the value of construction of the proposed facility, excluding land costs, to be $500,000. At a current City levy rate of $11.69523/$1,000 of assessed valuation, the proposed development would generate approximately $5,847 in annual City tax revenue. The proposed facility would employ 20 full-time and 9 part-time personnel. The facility does not require a commitment of public funds or services beyond that which is currently available to the area. STAFF RECOMMENDATION: Staff recommends the preliminary LSNRD plan for Creative World Child Day Care Center be deferred, but, upon resolution of the following deficiencies and discrepancies, that it be approved: r I. Provide a second curb opening to the east on Northgate Drive. c ATTACHMENTS: I. Location Map. 2 3 Board of Adjustment Decision - August 10, 1988. Board of Adjustment Minutes - August 10, 1988. 4. Preliminary LSNRD Plan - Creative World Child Day Care Center`. Approved by: onald chmeiser, Director Department of Planning and Program Development j LOCATION MAP Creative World Child OayCare Center 5-8908 SE -8815 2717 Northgate Drive i Northaate wi h `I_ -r ITIf ter` -OI 1 �) =,^ � .y I/• JY/ 1 .w• w 1 BITE Y•OE VELOPM ENT PLAN 16 •�.�r l.rl•'J Tw. un+un Nn. MW4m>r o4wl un•J. jrp IrP• a4La w �.qA Y ECEIVGD JUL 291990 P.P.D. p PANTY NT SE -8815 2717 Northgate Drive FIRST FLOOR PLAN �i.•. r.°• \�I`, '° PAED611NMY• 0 s ,-2s IIOi:FOA'CANS1flIICflAll I _l SE -8815 2717 Northgate Drive =OLITI-,W -- -VATI❑ tf3/ DECISIONSFILED I:0. • 2812 IOWA CITY BOARD OF ADJUSTMENT a10-a`'•"Ci AUGUST 10, 1980 - 4:30 P.H. CIVIC CE141ER COUNCIL CHAMBERS 341.11319 All B:4% MEMBERS PRESENT: Messier, Randall, Wlnegarden �: _ :`G!%'.:::r!L• MEMBERS ABSENT: Mask, Pelton T. STAFF PRESENT: Franklin, Moen, Rockwell, Michel, Boyle (arrived at 4:40) YABI6110E ITEMS: 1• 'L&M6 Approved by variance to mod lfy the Sign Regulation requirements of the Zoning Ordinance for property located at 1445 Boyrum Street to permit a drive-thru restaurant menu sign not to exceed a total square footage of 28 square feet. [A legal description is attached herewith.) 2• V-8807• Denied by a 2-1 vote an an affirmative motion, a request submitted by Express stop to modify the Sign Ordinance requirements of the CH -1 zone for property located at 2545 North Dodge. SPECIAL EXCEPTION ITEMS: I• HJ- 018. Approved by a 3.0 vote, a request submitted by Horthgate Development company to permit a childcare facility as a use In the CO.) zone for property located at 2717 Northgate Drive subject to compliance with all City ordinances and In accordance with the site development plan submitted on July 29, 1908, with the condition that the site plan be revised to comply with Section 3073, regulating the placement of trees at the right-of-way. [A legal description Is attached herewith.] 2• 5E-8816• Approved by a 3.0 vote, a request submitted to establish an auto and truck proposed on othented site plan dated August 9, a car wash and 1988, for propertyylocateas deatr1455 South First Avenue. Approval of the use should not be construed as a site 1plan submlttedpdemonstratesof the tcompliance with alIssue a l building permit, unless the [A legal description Is attached herewith,] ZONING OROIff6110E SLMON 36-91frl(5) ORDERS: All orders of the Board shall expire six (6) months from the date a written decision Is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or constraint of the building permit under the terms of the Board's decision. �•In Franklin, Secretary STATE OF IOWA ) JOIIIISOH COUNTY )} SS: 1, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify ofathehe Board decisionsf which were passed by the attached hofeAdjustment are a true IowacCitytlowaY at a regular meeting on the 10th day of August, 1988, all as the same appears on record In my office. Dated at Iowa City, Iowa, this 17 � day of 1 1988. oa�� AUG 17 �/ ��/ X ..J 1988 Harl n K. Karr, CITY Ller— k�— MARIAN K. KARR CITY CLERK (3) 9m 11,2 1 fAsl 468 7✓r Board of Adjustment August 10, 1988 Page 11 decision. Even with the money that had been spent, they give you no place to protest. Winegarden asked if this could be appealed to the Planning and Zoning Commission. Franklin said the Board could bring it to the Planning and Zoning Commission's attention as a problem with the Zoning Ordinance. Obviously, the Board sees when individuals have a problem with the Zoning Ordinance. People come before them to request relief. If the Board sees an instance in which something happens repeatedly or it is apparent in the Board's judgement that the Ordinance could stand revision, the Board could make a recommendation to the Planning and Zoning Commission and City Council that the Ordinance be revised. This does not mean the Code will be changed, but it puts the issue in the legislative process. The process is for those instances when the Board can't find something unique about a property and sees there is a problem generally with the Code and not with the particular situation. Winegarden asked if they still had to make a ruling. Franklin said the Board can defer until Planning and Zoning makes a legislative decision• then the question would either become moot or the Board would address the same question over again. Winegarden asked how long an Ordinance amendment would take. Franklin replied that an average Ordinance amendment takes about three months. Winegarden said he still felt the applicant had a unique situation; he stated again they are the only gas station within the IDOT right-of-way within the entire City. Messier moved to approve V-8807, a variance to the height and size regulations of the Sign Ordinance to locate two free-standing signs on a single lot, one sign which is 75 feet in height, with a 256 square foot sign face at 2545 North Dodge Street. Winegarden seconded. The motion was denied by a 2-1 vote with Randall voting negative. SPECIAL EXCEPTIONS: SE -8815. Public hearing on a request submitted by Northgate Develop- ment Company for a special exception to permit a child care facility use in a CO -1 zone for property located at 2717 Northgate Drive. Rockwell reviewed the staff report dated August 10, 1988. Staff recommended that the special exception request by Northgate Development Company for a child care facility at 2717 Northgate Drive, be approved subject to compliance with all City ordinances and in accordance with the site development plan submitted on July 29, 1988 with the condition that the site plan be revised to comply with Section 36-73, regulating the placement of trees along the right-of- way. E5 Tenn aiaers represenL7n0 northGate OeveI'nt Company, stated that Darlene McNulty, who proposed to build and operate the child care facility was available if they had any questions concerning the facility and its operation. Siders presented development sketches to 43/ Board of Adjustment August 10, 1988 Page 12 show what the new facility would look like because the building design was different from the 1986 proposal. The design of the interior and exterior of the building and playgrounds had been changed. However, the application was the same as previously submitted in that the facility would serve a minimum of 131 students with 35+ square feet of accessible, usable floor space per child. The site plan provides the required number of parking spaces. Randall and Winegarden stated the plans and proposed use of the site sounded fine to them. They had no problems when the proposal was submitted previously, and had no objections to the current proposal. Winegarden moved to approve SE -8815, a request submitted by Northgate Development Company to permit a child care facility as a use in the CO -1 zone for property located at 2717 Northgate Drive subject to compliance with all City ordinances and in accordance with the site development plan submitted on July 29, 1988, with the condition that the site plan be revised to comply with Section 36-73, regulating the placement of trees along the right-of-way. Messier seconded. The motion passed unanimously by a 3-0 vote. 2. SE -8816. Public hearing on a request submitted by Marty Lantz and Garry Hamdorf for a special exception to allow an auto and truck oriented use in the CC -2 zone for property located at 1455 South First Avenue. Rockwell presented the staff report dated August 10, 1988. Staff recommended that the special exception to establish an auto and truck oriented use as generally proposed on the site plan submitted on August 9, 1988, for property located at 1455 South First Avenue be approved. Rockwell stated that although the developer had worked out utility easement agreements with the City Public Works Department, approval of the use should not be construed as a commitment on the part of the City to issue a building permit, which is subject to compliance with all City ordinances. Max Selzer, stated he had several interests in the property; as one of the owners of the adjacent Plamore Lanes bowling alley property and as the architect who was designing and constructing the proposed car wash. Selzer pointed out to the Board that the dotted area to the lower left of the car wash building which was marked "future," was seriously being considered for lube bay construction. This would make the site a complete car care center. Selzer stated that the site was developed through a cooperative effort by himself and his partners including Mr. Alberhasky who was present. It had taken a great deal of time and effort to put it all together and they both felt it would be an excellent addition to that commercial portion of the community and would in no way be detrimental to the area. Since none of the neighbors were there, Selzer thought they probably didn't see any problem with this proposal. X51 City of Iowa C;ty M E M O R A N D U M. TO: Barry Beagle /l(�1 OP FROM: Denny Gannon h `1? L/V� I_ 777777""' DATE: March 1, 1989 RE: Creative World (LSNRD) The large scale non-residential development plan for Creative World proposes a single curb cut/two (2) way drive from Northgate Drive, along with 22 parking spaces. There is concern this configuration will cause traffic conflicts due to the heavy volumes of traffic in the morning from 7 to 8 and in the afternoon from 5 to 6. Three (3) alternate schemes have been evaluated with respect to the proposed drive and parking lot, and costs have been estimated, where feasible. ALTERNATE SCHEME N1 i This scheme employs the use of a cul-de-sac at the proposed south end of the drive/parking lot to provide turnaround movements for vehicles. A 35' outside radius for the cul-de-sac is the minimum radius required for the turning movements of a refuse truck. An estimated cost for this alternate was not computed due to the high costs involved with the extensive amount of grading and retaining wall construction. See figure N1 for the general layout of this alternate. ALTERNATE SCHEME H2 This scheme employs the use of a hammerhead at the proposed south end of the drive -parking lot to provide turnaround movements for vehicles. The estimated cost of construction is $2,500. Although the cost is low when compared with the other alternates, I foresee two (2) problems with this scheme: 1) At times during rush hours, which are as stated previously, 7 a.m. to 8 a.m. and 5 p.m. to 6 p.m., the two-way drive and hammerhead will be heavily congested with vehicles turning into and out of individual parking spaces and the hammerhead. 2) The hammerhead will, at times, be utilized as parking, thereby eliminating its purpose as a turnaround. See figure N2 for the general layout of this alternate. ALTERNATE SCHEME N3 This scheme employs the use of an 18' wide drive from the proposed south end of the drive/parking lot to Northgate Drive. This scheme will provide for an additional curb cut on Northgate Drive and the drive to become one-way instead of two-way, as proposed. The estimated cost of construction is $5,200. Although the cost is the highest among the three alternates, it appears to be the best in regard to moving traffic to and from the parking lot proposed for Creative World. See figure N3 for the general layout of this alternate. y�3/ -QIr12Y MAQHOt - .. iu F¢ ,A SOUTH. s. •o : i //� j ' '�.� I I JLMGBOVNO ?NEJ 5 SC•q']0'E i I FIGLIRE 41 .......... .11tm re-Sch=.ft. C6-itch-P.C.C.. cul -dr -,4 / S / F FI(7JRE I? .......... .43tcrtut! Scheme !2' (W!rc' PTC.C. ha--Yheedl: 4UMARY KAAQHOI.E 1. 10 FWA SOUTH, F1i7JPE I..............utemate Scheme /3 (6-c<h P.C.C. drive) AUITAV.Y V..A1.1HC(L -. iu FORM SOUTH RESOLUTION NO. 89-57 RESOLUTION APPROVING THE FINAL PLAT OF HUNTERS RUN SUBDIVISION, PART FIVE, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Hunters Run Development Company, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Hunters Run Subdivision, Part Five, a subdivision of Iowa City in Johnson County, Iowa, which is legally described as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00'46'46"E, 1,150.38 feet to the Centerline of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, as Recorded in Plat Book 22, at Page 53, of the Records of the Johnson County Recorder's Office and also being the Southeast Corner of the Shaler Enterprises property as Recorded in Warranty Deed Book 583, at Page 89, of the Johnson County Recorder's Office, and also being the Point of Beginning; Thence 574.18100"W, 574.49 feet on said Centerline; Thence NO1'26100"E, 210.84 feet; Thence N88.34'00"W, 199.80 feet, according to said Warranty Deed; Thence N63'00'00"W, 315.89 feet; Thence N37'30'00"E, 362.34 feet, to the Southwesterly Corner of Lot 79, Hunters Run Subdivision, Part Four, as Recorded in Plat Book 30, at Page 69, of the Records of the Johnson County Recorder's Office; Thence 568'16'20"E, along the Southerly Line of said Lot 79 and its projection thereof, 197.60 feet, to the Southeasterly Right -of -Way Line of Hunters Run; Thence Northeasterly 28.19 feet, along said Southeasterly Right -of -Way Line, on a 137.02 foot radius curve, concave Southeasterly, whose 28.14 foot chord bears N27'37'15"E, to the Westerly Corner of Lot 84, of said Hunters Run Subdivision, Part Four; Thence S56'29'10"E, along the Southerly Line of said Lot 84 and its projection thereof, 205.87 feet, to the Southerly Corner of Lot 83, of said Hunters Run Subdivision, Part Four; Thence N48.20'02"E, along the Southeasterly Line of said Lot 83, 167.96 feet; Thence N25'39'11"E, along said Southeasterly Line of Lot 83 and the Southeasterly Line of Lot 82, of said Hunters Run Subdivision, Part Four, 161.26 feet, to the Westerly corner of Lot 52, of a Resubdivision of Lots 52 6 53 and portions of Lots 50 6 51, Hunters Run Subdivision, Part Three, as Recorded in Plat Book 26, at Page 75, of the Records of the Johnson County Recorder's Office; Thence S46'01'50"E, along the Westerly Line of said Resubdivision, 425.00 feet, to the Southerly Corner of Lot 56, of said Resubdivision; Thence S40'03'49"W, along the Northwesterly Line of Lot 57, of said Resubdivision, 89.22 feet, to the VOL 105'7 vas: 281 Resolution No. 89-57 Page 2 Westerly Corner of said Lot 57; Thence SOO'55112"W, 223.00 feet, to the Point of Beginning. Said tract of land contains 9.854 Acres, more or less, and is subject to easements and restrictions of Record. WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed final plat and have recommended approval of same; and WHEREAS, the final plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the final plat is found to conform with all of the requirements of the City Ordinances of the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of Hunters Run Subdivision, Part Five, is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, are hereby authorized and directed to execute any legal documents relating to said subdivision and to certify the approval of this resolution, which shall be affixed to the final plat after passage and approval by law. It was moved by Balmer and seconded by Horowitz the Resolution be adopte an upon rol call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 21st day of March 1989. MAYOR Pro 'tem Z� _�PPr ve/�rm ATTEST: ��11 d<�,J �CahJ C1 TY CLARK ga Department CORPORATE SEAL VOL 1051 ?A(,'r 282 CERTIFICATE OF OWNER AND DEDICATION KNOWN ALL MEN BY THESE PRESENTS: That Hunters Run Development Company are the owners in fee simple of all of the land included in Hunters Run Subdivision, Part Five, Iowa City, Johnson County, Iowa, the legal description for which is as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00 degrees 46' 46" E, 1150.38 feet, to the Centerline of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, as recorded in Plat Book 22, at Page 53, of the records of the Johnson County Recorder's Office and also being the Southeast Corner of the Shaler Enterprises property as recorded in Warranty Deed Book 583, at Page 89, of the Johnson County Recorder's Office, and also being the point of Beginning; Thence S 74 degrees 18' 00" W, 574.49 feet on said Centerline; Thence N O1 degrees 26' 00" E, 210.84 feet, Thence N 88 degrees 34' 00" W, 199.80 feet, according to said Warranty Deed; Thence N 63 degrees 00' 00" W, 315.89 feet; Thence N 37 degrees 30' 00" E, 362.34 feet, to the Southwesterly Corner of Lot 79, Hunters Run Subdivision, Part Four, as recorded in Plat Book 30, at Page 69, of the records of the Johnson County Recorder's Office; Thence S 68 degrees 16' 20" E, along the Southerly Line of said Lot 79 and its projection thereof, 197.60 feet, to the Southeasterly Right -of -Way line of Hunters Run; Thence Northeasterly 28.19 feet, along said Southeasterly Right -of -Way line, on a 137.02 foot radius curve, concave Southeasterly, whose 28.14 foot chord bears N 27 degrees 37' 15" E, to the Westerly Corner of Lot 84, of said Hunters Run Subdivision, Part Four; Thence S 56 degrees 29' 10" E, along the Southerly line of said Lot 84 and its projection thereof, 205.87 feet, to the Southerly Corner of Lot 83, of said Hunters Run Subdivision, Part Four; Thence N 48 degrees 20' 02" E, along the Southeasterly line of said Lot 83, 167.96 feet; Thence N 25 degrees 39' 11" E, along said Southeasterly line of Lot 83 and the Southeasterly line of Lot 82, of said Hunters Run Subdivision, Part Four, 161.26 feet, to the Westerly Corner of Lot 52, of a Resubdivision of Lots 52 & 53 and portions of Lots 50 & 51, Hunters Run Subdivision, Part Three, as Recorded in Plat Book 26, at Page 75, of the records of the Johnson County Recorder's Office; Thence S 46 degrees O1' 50" E, along the Westerly line of said Resubdivision, 425.00 feet, to the Southerly Corner of Lot 56, of said Resubdivision; Thence S 40 degrees 03' 49" W, along the Northwesterly line of Lot 57, of said Resubdivision, 89.22 feet, to the Westerly Corner of said Lot 57; Thence S 00 degrees 55' 12" W, 223.00 feet, to the Point of Beginning. Said tract of land contains 9.854 acres, more or less, and is subject to easements and restrictions of record. Said owners have caused a survey and subdivision of said land to be made, the lots to be marked and numbered, all as shown on a plat prepared by MMS Consultants, Inc. of Iowa City, Iowa, and have also caused a certificate by the registered land surveyor to be made. The plat and surveyor's certificate are attached hereto to the end that the plat may be recorded and hereafter designated and known as Hunters Run Subdivision, Part Five, Iowa City, Johnson County, Iowa. That the portions of the streets named Hunters Run, Hunters Place and Hunters Court as shown on the plat and which are included in the subdivision, and the public utility easements, as shown on the plat, and the fifteen foot walkway easement shown as seven and one-half feet on either side of the common boundary line between lots 90 and 91, are hereby dedicated to the public as provided for by Chapter 409 of the Code of Iowa. The Hunters Run Development Company does hereby acknowledge that this subdivision of land is made by its free consent and VOL 1.457 roar 283 �3 y knowledge and in accordance with its desires. A perpetual easement is hereby granted to Iowa -Illinois Gas and Electric Company, upon, over, under, along and across the areas marked on the annexed Plat as Utility Easement. The grantee of said easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes,poles and wires, overhead and underground, with all necessary braces, guys, anchors, crossarms, electric lines, insulators and other equipment or appurtenances for the purpose of serving the subdivision and other property with electricity, gas, and communication service; the right to overhang all lots with aerial service wires; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. No permanent dwellings or trees shall be placed on the areas so designated for utility easement, but the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted with advance written authorization from Company Representative �7 IN WITNESS WHEREOF, we have set our hands hereto on this / day of , 1989, at Iowa City, Johnson County, Iowa. by: Vice President Secretary STATE OF IOWA SS JOHNSON COUNTY CORPORATE SEAL On this � day of � , 1989, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard Joseph Schintler and Ronald William Schintler, to me personally known, who, being by me duly sworn, did say that they are the Vice President and Secretary respectively of said corporation executing the within and foregoing instrument; that the said corporation has a seal; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Richard Joseph Schintler and Ronald William Schintler as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and bye them voluntarily executed. Nd'tgry Public in and for State of Iowa NOTARIAL SEAL VO! 105�I PASI %84 ,�3X STATE OF IOWA SS: JOHNSON COUNTY, CERTIFICATE OF RECORDER I, JOHN E. O'NEILL, hereby certify that I am the County Recorder of Johnson County, Iowa, and that the title in fee to the property described as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00 degrees 46' 46" E, 1150.38 feet, to the Centerline of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, as recorded in Plat Book 22, at Page 53, of the records of the Johnson County Recorder's Office and also being the Southeast Corner of the Shaler Enterprises property as recorded in Warranty Deed Book 583, at Page 89, of the Johnson County Recorder's Office, and also being the point of Beginning; Thence S 74 degrees 18' 00" W, 574.49 feet on said Centerline; Thence N O1 degrees 26' 00" E, 210.84 feet, Thence N 88 degrees 34' 00" W, 199.80 feet, according to said Warranty Deed; Thence N 63 degrees 00' 00" W, 315.89 feet; Thence N 37 degrees 30' 00" E, 362.34 feet, to the Southwesterly Corner of Lot 79, Hunters Run Subdivision, Part Four, as recorded in Plat Book 30, at Page 69, of the records of the Johnson County Recorder's Office; Thence S 68 degrees 16' 20" E, along the Southerly Line of said Lot 79 and its projection thereof, 197.60 feet, to the Southeasterly Right -of -Way line of Hunters Run; Thence Northeasterly 28.19 feet, along said Southeasterly Right -of -Way line, on a 137.02 foot radius curve, concave Southeasterly, whose 28.14 foot chord bears N 27 degrees 37' 15" E, to the Westerly Corner of Lot 84, of said Hunters Run Subdivision, Part Four; Thence S 56 degrees 29' 10" E, along the Southerly line of said Lot 84 and its projection thereof, 205.87 feet, to the Southerly Corner of Lot 83, of said Hunters Run Subdivision, Part Four; Thence N 48 degrees 20' 02" E, along the Southeasterly line of said Lot 83, 167.96 feet; Thence N 25 degrees 39' 11" E, along said Southeasterly line of Lot 83 and the Southeasterly line of Lot 82, of said Hunters Run Subdivision, Part Four, 161.26 feet, to the Westerly Corner of Lot 52, of a Resubdivision of Lots 52 & 53 and portions of Lots 50 & 51, Hunters Run Subdivision, Part Three, as Recorded in Plat Book 26, at Page 75, of the records of the Johnson County Recorder's Office; Thence S 46 degrees O1' 50" E, along the Westerly line of said Resubdivision, 425.00 feet, to the Southerly Corner of Lot 56, of said Resubdivision; Thence S 40 degrees 03' 49" W, along the Northwesterly line of Lot 57, of said Resubdivision, 89.22 feet, to the Westerly Corner of said Lot 57; Thence S 00 degrees 55' 12" W, 223.00 feet, to the Point of Beginning. Said tract of land contains 9.854 acres, more or less, and is subject to easements and restrictions of record, and shown on the plat attached hereto and known and designated as Hunters Run Subdivision, Part Five, Johnson County, Iowa, is in Hunters Run Development Company. I further certify that the property is free from all liens and encumbrances. ` ,�01 Signed this 5 day of mFl 1989. Jo0h E. O'Neill, Courity Recorder VOL 1��5'1 Pd'c ��i7 h vt�ioYc `CUJGt/tC2/,/�'� 4e,.-4- STATE OF IOWA SS: JOHNSON COUNTY, CERTIFICATE OF CLERK I, EDWARD F. STEINBRECH, do hereby certify that I am the Clerk of the District Court of Johnson County, Iowa, and that the property described as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00 degrees 46' 46" E, 1150.38 feet, to the'Centerline of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, as recorded in Plat Book 22, at Page 53, of the records of the Johnson County Recorder's Office and also being the Southeast Corner of the Shaler Enterprises property as recorded in Warranty Deed Book 583, at Page 89, of the Johnson County Recorder's Office, and also being the point of Beginning; Thence S 74 degrees 18' 00" W, 574.49 feet on said Centerline; Thence N O1 degrees 26' 00" E, 210.84 feet, Thence N 88 degrees 34' 00" W, 199.80 feet, according to said Warranty Deed; Thence N 63 degrees 00' 00" W, 315.89 feet; Thence N 37 degrees 30' 00" E, 362.34 feet, to the Southwesterly Corner of Lot 79, Hunters Run Subdivision, Part Four, as recorded in Plat Book 30, at Page 69, of the records of the Johnson County Recorder's Office; Thence S 68 degrees 16' 20" E, along the Southerly Line of said Lot 79 and its projection thereof, 197.60 feet, to the Southeasterly Right -of -Way line of Hunters Run; Thence Northeasterly 28.19 feet, along said Southeasterly Right -of -Way line, on a 137.02 foot radius curve, concave Southeasterly, whose 28.14 foot chord bears N 27 degrees 37' 15" E, to the Westerly Corner of Lot 84, of said Hunters Run Subdivision, Part Four; Thence S 56 degrees 29' 10" E, along the Southerly line of said Lot 84 and its projection thereof, 205.87 feet, to the Southerly Corner of Lot 83, of said Hunters Run Subdivision, Part Four; Thence N 48 degrees 20' 02" E, along the Southeasterly line of said Lot 83, 167.96 feet; Thence N 25 degrees 39' 11" E, along said Southeasterly line of Lot 83 and the Southeasterly line of Lot 82, of said Hunters Run Subdivision, Part Four, 161.26 feet, to the Westerly Corner of Lot 52, of a Resubdivision of Lots 52 & 53 and portions of Lots 50 & 51, Hunters Run Subdivision, Part Three, as Recorded in Plat Book 26, at Page 75, of the records of the Johnson County Recorder's Office; Thence S 46 degrees O1' 50" E, along the Westerly line of said Resubdivision, 425.00 feet, to the Southerly Corner of Lot 56, of said Resubdivision; Therese S 40 degrees 03' 49" W, along the Northwesterly line of Lot 57, of said Resubdivision, 89.22 feet, to the Westerly Corner of said Lot 57; Thence S 00 degrees 55' 12" W, 223.00 feet, to the Point of Beginning. Said tract of land contains 9.854 acres, more or less, and is subject to easements and restrictions of record, and shown on the plat attached hereto and known and designated as Hunters Run Subdivision, Part Five, Iowa City, Johnson County, Iowa, is free from all judgments, attachments, mechanic liens, or other liens as appear on the records of my office. Dated at Iowa City, Iowa, on thiss day of,�`M 1989. Ed rd F. Steinbrech, Clerk of'DistVict Court VOL1 0rj-7 ra'i 286 fG3Z STATE OF IOWA SS: JOHNSON COUNTY CERTIFICATE OF TREASURER I, Cletus R. Redlinger, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property described as follows, to wit: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00 degrees 46' 46" E, 1150.38 feet, to the Centerline of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, as recorded in Plat Book 22, at Page 53, of the records of the Johnson County Recorder's Office and also being the Southeast Corner of the Shaler Enterprises property as recorded in Warranty Deed Book 583, at Page 89, of the Johnson County Recorder's Office, and also being the point of Beginning; Thence S 74 degrees 18' 00" W, 574.49 feet on said Centerline; Thence N 01 degrees 26' 00" E, 210.84 feet, Thence N 88 degrees 34' 00" W, 199.80 feet, according to said Warranty Deed; Thence N 63 degrees 00' 00" W, 315.89 feet; Thence N 37 degrees 30' 00" E, 362.34 feet, to the Southwesterly Corner of Lot 79, Hunters Run Subdivision, Part Four, as recorded in Plat Book 30, at Page 69, of the records of the Johnson County Recorder's Office; Thence S 68 degrees 16' 20" E, along the Southerly Line of said Lot 79 and its projection thereof, 197.60 feet, to the Southeasterly Right -of -Way line of Hunters Run; Thence Northeasterly 28.19 feet, along said Southeasterly Right -of -Way line, on a 137.02 foot radius curve, concave Southeasterly, whose 28.14 foot chord bears N 27 degrees 37' 15" E, to the Westerly Corner of Lot 84, of said Hunters Run Subdivision, Part Four; Thence S 56 degrees 29' 10" E, along the Southerly line of said Lot 84 and its projection thereof, 205.87 feet, to the Southerly Corner of Lot 83, of said Hunters Run Subdivision, Part Four; Thence N 48 degrees 20' 02" E, along the Southeasterly line of said Lot 83, 167.96 feet; Thence N 25 degrees 39' 11" E, along said Southeasterly line of Lot 83 and the Southeasterly line of Lot 82, of said Hunters Run Subdivision, Part Four, 161.26 feet, to the Westerly Corner of Lot 52, of a Resubdivision of Lots 52 & 53 and portions of Lots 50 & 51, Hunters Run Subdivision, Part Three, as Recorded in Plat Book 26, at Page 75, of the records of the Johnson County Recorder's Office; Thence S 46 degrees O1' 50" E, along the Westerly line of said Resubdivision, 425.00 feet, to the Southerly Corner of Lot 56, of said Resubdivision; Thence S 40 degrees 03' 49" W, along the Northwesterly line of Lot 57, of said Resubdivision, 89.22 feet, to the Westerly Corner of said Lot 57; Thence S 00 degrees 55' 12" W, 223.00 feet, to the Point of Beginning. Said tract of land contains 9.854 acres, more or less, and is subject to easements and restrictions of record, and shown on the plat attached hereto and known and designated as Hunters Run Subdivision, Part Five, Iowa City, Johnson County, Iowa, is free from taxes. Dated at Iowa City, Iowa, this �day ofe, 1 89, y Cletus R. Redlinger, reasurer VOL iQc 7 Pas: 'M7 �f3y TITLE OPINION I, DALE SANDERSON, a practicing attorney in Iowa City, Iowa, do hereby certify that I have examined an abstract of title to Hunters Run Subdivision, Part Five, Iowa City, Johnson County, Iowa, and it is located upon the following described tract of land to wit: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00 degrees 46' 46" E, 1150.38 feet, to the Centerline of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, as recorded in Plat Book 22, at Page 53, of the records of the Johnson County Recorder's Office and also being the Southeast Corner of the Shaler Enterprises property as recorded in Warranty Deed Book 583, at Page 89, of the Johnson County Recorder's Office, and also being the point of Beginning; Thence S 74 degrees 18' 00" W, 574.49 feet on said Centerline; Thence N 01 degrees 26' 00" E, 210.84 feet, Thence N 88 degrees 34' 00" W, 199.80 feet, according to said Warranty Deed; Thence N 63 degrees 00' 00" W, 315.89 feet; Thence N 37 degrees 30' 00" E, 362.34 feet, to the Southwesterly Corner of Lot 79, Hunters Run Subdivision, Part Four, as recorded in Plat Book 30, at Page 69, of the records of the Johnson County Recorder's Office; Thence S 68 degrees 16' 20" E, along the Southerly Line of said Lot 79 and its projection thereof, 197.60 feet, to the Southeasterly Right -of -Way line of Hunters Run; Thence Northeasterly 28.19 feet, along said Southeasterly Right -of -Way line, on a 137.02 foot radius curve, concave Southeasterly, whose 28.14 foot chord bears N 27 degrees 37' 15" E, to the Westerly Corner of Lot 84, of said Hunters Run Subdivision, Part Four; Thence S 56 degrees 29' 10" E, along the Southerly line of said Lot 84 and its projection thereof, 205.87 feet, to the Southerly Corner of Lot 83, of said Hunters Run Subdivision, Part Four; Thence N 48 degrees 20' 02" E, along the Southeasterly line of said Lot 83, 167.96 feet; Thence N 25 degrees 39' 11" E, along said Southeasterly line of Lot 83 and the Southeasterly line of Lot 82, of said Hunters Run Subdivision, Part Four, 161.26 feet, to the Westerly Corner of Lot 52, of a Resubdivision of Lots 52 & 53 and portions of Lots 50 & 51, Hunters Run Subdivision, Part Three, as Recorded in Plat Book 26, at Page 75, of the records of the Johnson County Recorder's Office; Thence S 46 degrees 01' 50" E, along the Westerly line of said Resubdivision, 425.00 feet, to the Southerly Corner of Lot 56, of said Resubdivision; Thence S 40 degrees 03' 49" W, along the Northwesterly line of Lot 57, of said Resubdivision, 89.22 feet, to the Westerly Corner of said Lot 57; Thence S 00 degrees 55' 12" W, 223.00 feet, to the Point of Beginning. Said tract of land contains 9.854 acres, more or less, and is subject to easements and restrictions of record. I certify that title in fee to the above described property is in Hunters Run Development Company. I further certify that the property is free from all liens or encumbrances. Dated at Iowa City,Iowa, this day of 1 a 1989. �( .( �i �TSUitMQ f 2 ✓� Dale Sanderson 119 Wright Street P. 0. Box 1607 Iowa City, Iowa 52244 FA-' ' i;8 r3Z SUBDIVIDER'S AGREEMENT THIS AGREEMENT made and entered into between the Hunters Run Development Company, the owner and subdivider, hereinafter called SUBDIVIDER, and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to in this agreement as the CITY. WITNESSETH: SECTION 1. STREETS, WATER MAINS AND SEWERS• In consideration of the City approving Part Five, Hunters Run Subdivision, Iowa City, Johnson County, Iowa, the Subdivider agrees as a covenant running with the land, that the City shall not issue building permits on any lots in the said part Five of said subdivision, unless and until water mains, storm sewers and sanitary sewers have been installed in front of or adjacent to any lot on which a building permit has been requested as required by the City of Iowa City, Iowa, nor will the City be required to issue a building permit for any lot in said Part Five, until concrete paving of at least 28 feet in width for Hunters Run, Hunters Court and Hunters Place has been installed and accepted by the City. SECTION 2. CONSTRUCTION OF IMPROVEMENTS• All such improvements stated in Sections 1 of this agreement and sidewalks will be constructed and installed by the Subdivider according to the plans and specifications of the City of Iowa City, Iowa, with inspection by the City Engineer or his designate. Said inspection shall consist of occasional inspection of the work in progress, which shall not relieve or release the Subdivider from its responsibility to construct said improvements pursuant to said plans and specifications. SECTION 3. SIDEWALKS: The Subdivider agrees that within one year from the date of approval of the Final Plat of Part Five, Hunters Run Subdivision, Iowa City, Johnson County, Iowa, that it will install sidewalks in said subdivision abutting said Lots at least four feet in width, and further will construct a four foot wide sidewalk on the walkway easement area shown between lots 90 and 91 on the final plat. SECTION 4. BUILDING PERMIT AND ESCROW MONIES• It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should desire a building permit on any lot in said subdivision before pavement, water mains, sanitary sewers, or storm sewers have been installed, the subdivider, its assigns or successors in interest shall deposit with the City Clerk in escrow, an amount equal to the costs of said improvements, plus 10% thereof as determined by the City Engineer's office of the City of Iowa City, Iowa. When said funds are deposited, the building inspector of the City of Iowa City, Iowa, shall issue a building permit provided that the applicant complies with all the requirements and ordinances of said City. In addition to the improvements escrow provided above, if subdivision erosion control measures have not been installed with ground cover established by growth, the City may require as a condition to the issuance of a building permit for construction within the subdivision that the Subdivider deposit in escrow with the City, the sum of $2,000.00 to cover the costs of cleaning public streets, storm sewers, gutters or catch basins, which may be necessitated as a result of erosion from any lot or lots owned by the Subdivider, its successors or assigns. The unused balance of the erosion clean-up escrow established herein shall be returned to the Subdivider after erosion control measures have been installed and ground cover has been established by growth. The Subdivider, for itself, and its assigns or successors in interest, recognizes that it is responsible for the costs of such cleaning and to the extent that the Subdivider fails to accomplish clean up after reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the YD! 1057 Pari 289 escrow established for the lot from which the erosion came, provided that nothing herein shall be construed as requiring the City to do such clean-up. When the foregoing escrow funds have been established then and in that event, the building inspector of the City shall issue a building permit provided that the applicant complies with all other requirements and ordinances of the City. SECTION 5. OCCUPANCY PERMIT: Prior to the issuance of an occupancy permit for any building erected pursuant to the preceding section of this agreement, the City, in its discretion, may require the Subdivider, its assigns or successors in interest to construct and install such improvements as are stated in Sections 1. SECTION 6. USE OF ESCROW MONEY: If, after the issuance of any building permit, the improvements as stated in Section 1 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all of the lots in Part Five in said Hunters Run Subdivision. The City shall refund to the depositor any escrow monies not used by the City after the construction and installation and acceptance of such improvements. SECTION 7. WAIVER: In the event the Subdivider, its assigns or successors in interest shall sell or convey lots in the said subdivision without having constructed or installed the pavement, water mains, sanitary sewers, or storm sewers, then the city shall have the right to install and construct such improvements and the costs of such improvements shall be a lien and charge against all lots in Part Five of the said subdivision. The costs of such improvements need not meet the requirements of notice, benefit or value as provided for by the laws for the State of Iowa for assessing such improvements. It is further provided that this agreement to so construct improvements is and shall remain a lien from date until property released as hereinafter provided. It is stipulated and agreed that all lots in the subdivision shall be specially benefited by these improvements. If sidewalks have not been installed as required hereunder in this agreement, the City may, in its sole discretion, install such sidewalks and assess the costs thereof against all lots adjacent to or in front of which sidewalks are installed by the City in the same manner that repairs may be assessed pursuant to Section 364.12 (2d) and (2e) of the 1987 Code of Iowa as amended. This covenant shall remain a separate lien against each individual lot within the subdivision until such time as a sidewalk has been installed on such lot pursuant to City specifications and at which time the City will, upon request of the lot owner, issue a release of said lot from the lien hereof. SECTION B. RELEASE: The City agrees when such improvements have been made and installed to the satisfaction of the City of Iowa City, Iowa, it will, upon request, furnish the Subdivider or their assigns for filing in the office of the County Recorder of Johnson County, a good and sufficient release to the various lots in said subdivision so that this agreement will not constitute a cloud upon the title to the lots in Part Five of said Hunters Run Subdivision. SECTION 9. STREET MAINTENANCE: It is further provided and the Subdivider for itself, its assigns and successors in interest agrees that public services including but not limited to street maintenance, snow removal, or rubbish and garbage collection will not be extended in said subdivision until the public improvements are installed and accepted by the City. Signed this -12 day of A(A , 1989. LL P HUNTERS RUN DEVELOPMENT COMPANY BY • Richard Joseph Sghitler, Vice President kdnald William Schintler, Secretary John McDonald, Mayor CORPORATE SEAL ; na'dw� 7i IV4.2 Marian K. Karr, City Clerk CORPORATE SEAL STATE OF IOWA SS JOHNSON COUNTY Before me thisa9�aday o��' 1989, personally appeared John McDonald and Marian K. Karr, Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation by authority of its City Council and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and them voluntarily executed. L SEAS �..� �&Ot� X101 ; ��' Notary Public in and for State of Iowa STATE OF IOWA SS JOHNSON COUNTY On this Ljday of Ma,, ,.1j , 1989, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard Joseph Schintler and Ronald William Schintler, to me personally known, who, being by me duly sworn, did say that they are the Vice President and Secretary respectively of said corporation executing the within and foregoing instrument; that said corporation has a seal; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Richard Joseph Schintler and Ronald William Schintler, as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by t44?jn voluntarily executed. 130IARIP,E SEAL. 'Notary'Public'in and for State of Iowa VOL 1r'C J FA; 291. SANITARY SEWER, STORM SEWER AND DRAINAGEWAY EASEMENTS THIS AGREEMENT made and entered into by and between the Hunters Run Development Company of Iowa City, Iowa, hereinafter referred to as SUBDIVIDER, which expression shall include its successors in interest and assigns and the City of Iowa City, Iowa, hereinafter referred to as CITY, which expression shall include their successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of One Dollar and Other Valuable Consideration, receipt of which is hereby acknowledged, the Subdivider hereby grants and conveys to the City, an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such separate sanitary sewer or storm sewer lines, pipes, mains and conduit as the City shall from time to time elect for conveying sewage or storm water and all necessary appliances, and fittings for use in connection with said pipelines, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto over and across all of the areas described as utility easements, including sanitary sewer easements, storm sewer easements or drainageway easements on the Final Plat of Hunters Run Subdivision, Part Five, Iowa City, Johnson County, Iowa, which plat is attached hereto and by this reference made a part hereof. The Subdivider grants to the City: 1) The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said land along and outside of said line to such extent as the City may find reasonably necessary. 2) The right from time to time to trim and cut down and clear away all trees and brush on said strip and trim and cut down and clear any trees on either side of a strip which now or hereafter in the opinion of the City. may be a hazard to said lines or may interfere with the exercise of the City's rights hereunder in any manner. 7) The City shall indemnify the Subdivider against any loss and damage which shall be caused by the exercise of any said ingress and egress, construction, maintenance or by any wrongful or negligent act or omission of the city or its agents or employees in the course of their employment. The Subdivider reserves a right to use said strips for purposes which will not interfere with the City's full enjoyment with the rights hereby granted provided that the Subdivider shall not erect or construct any building, fence or other structures or drill or operate any well or construct any reservoirs or other obstructions on said area or diminish or substantially add to the ground cover over said lines. The Subdivider hereby covenants with the City that it is lawfully seized and possessed of the real estate above described and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land. Signed this Il day of .44az& , 1989. �UUNNTEERS RUN DEVELOPMENT COMPANY �, /1,Rs��S�A� BY:�af�S ��PV�`� Richard J ph Schintlle r,, nice President `l BY: er, secretary VOL 10v % PAST 29,„ T 3-;1- J n McDonald, Maycr Marian K. Karr, City Clerk STATE OF IOWA SS JOHNSON COUNTY CORPORATE SEAL On this ll day of x,1989, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard Joseph Schintler and Ronald William Schintler, to me personally known, who, being by me duly sworn, did say that they are the vice President and Secretary respectively of said corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Richard Joseph Schintler and Ronald William Schintler 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. -RIAL SERE Notary Public in and for State of Iowa STATE OF IOWA SS JOHNSON COUNTY Before me this day of4; 1989, personally appeared John McDonald and Marian Karr, Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and them voluntarily executed. ;~ ARIAL SEAL Z no ary Publiand for State of Iowa YOL 1067 ?Ai 291 PROTECTIVE AND RESTRICTIVE COVENANTS KNOWN ALL MEN BY THESE PRESENTS: That the undersigned, Hunters Run Development Company has subdivided Hunters Run Subdivision, Part Five, Iowa City, Johnson County, Iowa, and does hold title and fee to all real estate within the said subdivision. The legal description for Part Five, Hunters Run Subdivision, Iowa City, Johnson County, Iowa, is as follows: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N 00 degrees 46' 46" E, 1150.38 feet, to the Centerline of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part one, as recorded in Plat Book 22, at Page 53, of the records of the Johnson County Recorder's Office and also being the Southeast Corner of the Shaler Enterprises property as recorded in Warranty Deed Book 583, at Page 89, of the Johnson County Recorder's Office, and also being the point of Beginning; Thence S 74 degrees 18' 00" W, 574.49 feet on said Centerline; Thence N 01 degrees 26' 00" E, 210.84 feet, Thence N 88 degrees 34' 00" W, 199.80 feet, according to said Warranty Deed; Thence N 63 degrees 00' 00" W, 315.89 feet; Thence N 37 degrees 30' 00" E, 362.34 feet, to the Southwesterly Corner of Lot 79, Hunters Run Subdivision, Part Four, as recorded in Plat Book 30, at Page 69, of the records of the Johnson County Recorder's Office; Thence S 68 degrees 16' 20" E, along the Southerly Line of said Lot 79 and its projection thereof, 197.60 feet, to the Southeasterly Right -of -Way line of Hunters Run; Thence Northeasterly 28.19 feet, along said Southeasterly Right -of -Way line, on a 137.02 foot radius curve, concave Southeasterly, whose 28.14 foot chord bears N 27 degrees 37' 15" E, to the Westerly Corner of Lot 84, of said Hunters Run Subdivision, Part Four; Thence S 56 degrees 29' 10" E, along the Southerly line of said Lot 84 and its projection thereof, 205.87 feet, to the Southerly Corner of Lot 83, of said Hunters Run Subdivision, Part Four; Thence N 48 degrees 20' 02" E, along the Southeasterly line of said Lot 83, 167.96 feet; Thence N 25 degrees 39' 11" E, along said Southeasterly line of Lot 83 and the Southeasterly line of Lot 82, of said Hunters Run Subdivision, Part Four, 161.26 feet, to the Westerly Corner of Lot 52, of a Resubdivision of Lots 52 & 53 and portions of Lots 50 & 51, Hunters Run Subdivision, Part Three, as Recorded in Plat Book 26, at Page 75, of the records of the Johnson County Recorder's Office; Thence S 46 degrees O1' 50" E, along the Westerly line of said Resubdivision, 425.00 feet, to the Southerly Corner of Lot 56, of said Resubdivision; Thence S 40 degrees 03' 49" W, along the Northwesterly line of Lot 57, of said Resubdivision, 89.22 feet, to the Westerly Corner of said Lot 57; Thence S 00 degrees 55' 12" W, 223.00 feet, to the Point of Beginning. Said tract of land contains 9.854 acres, more or less, and is subject to easements and restrictions of record. Now by this writing the following Protective covenants and Restrictions of land for the mutual benefit and protection for persons who may purchase lots in the said Hunters Run Subdivision, Part Five, Iowa City, Johnson County, Iowa. are imposed and these covenants shall be deemed to run with the land. 1) The properties herein conveyed shall be used solely for residential purposes and no structures shall be erected other than single family dwellings with car storage facilities or accessory buildings. No mobile home, basement, tent, shack, garage or other outbuilding whether of a temporary or permanent character shall be erected or placed on the tract and used as a residence. No contractor's building shall be permitted to remain on the lot after completion of the construction of the dwelling. No dwelling which has been constructed or placed upon a building site at another location may be moved on a lot within the subdivision. 2) No noxious or offensive trade or business shall be carried on upon said property which will become an annoyance or VOL 105'7 pg: 20:1 l4,4o�— nuisance to adjoining property owners located within the subdivision. 3) Construction of any structure shall be completed within one year from the date construction begins. No building, structure or addition to an existing structure shall be erected on said property unless the design and location are in harmony with existing structures in the subdivision. 4) NO hunting, target practice or discharge of firearms shall be permitted in the subdivision. 5) Titleholders of each lot, whether vacant or improved, shall keep their lots free from debris. 6) No building or other structure shall be erected upon any lot until the complete plans and specifications describing the proposed buildings and structures have been approved in writing by an officer of the Hunters Run Development Company or its nominee. A. In the event that the Hunters Run Development Company or its nominee fails to approve or disapprove the plans and specifications within thirty (30) days after the same have been submitted to it or in the event no suit to enjoin the construction has been commenced prior to the completion of construction, approval will be conclusively presumed to have been given and this covenant shall be deemed to have been complied with. B. When plans submitted by the owner have been approved by the Hunters Run Development Company, or nominee, such approval shall be delivered to the owner in writing and the owner shall not deviate from the plans so approved if the deviation affects the exterior of the proposed improvement. 7) Nothing contained in these covenants will relieve the owner from the obligation to comply with all ordinances of the City of Iowa City, Iowa relative to zoning or building permit applications. 8) Each single family residence shall have a single garage and each single family residence will have a ground floor square foot living area of at least 1000 square feet in the case of a one- story structure and at least 800 square feet in the case of a two- story or a one and one-half story structure. Garages, car ports, and breezeways shall not be considered to be ground floor living areas unless incorporated into the dwelling with the living area above. Earth shelter homes shall have a primary living area of 1000 square feet. Nothing in this covenant shall prohibit the building of double garages or houses containing more than the minimum number of square feet required by the covenant. 9) Easements for the installation, maintenance and removal of utilities are reserved as shown on the recorded Plat and Certificate (Dedication) of Subdivision. 10) Invalidation of one of these covenants by judgment or Court Order shall in no way affect any other covenants which shall remain in full force and effect. 11) The foregoing restrictions, reservation and protective covenants shall be binding upon all present and future owners of each and every lot and parcel of ground in the aforedescribed real estate, according to the terms herein specified as covenants running with the land and they shall have the same force and effect as if contained in each subsequent conveyance of said lots or parcels. The covenants will be binding on all lot owners until March 1, 2008, at which time said covenants shall be automatically extended for successive periods of ten years unless by a vote of the majority of the then lotowners, said covenants are amended to whole or in part. VOL 10,57 PAST 2J5 1r43 0;1- Signed this -0 day of / )W.4 i , 1989. r STATE OF IOWA HUNTERS RUN DEVELOPMENT COMPANY BY Richard Josezffi Sodhintler, Vice President B`L��Y��ti1;1� Rondld William Schintler, Secretary CORPORATE SEAL SS JOHNSON COUNTY e' On this day of i 1,1989, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard Joseph Schintler and Ronald William Schintler, to me personally known, who, being by me duly sworn, did say that they are the Vice President and Secretary respectively of said corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Richard Joseph Schintler and Ronald William Schintler 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. Notary Public iA and for State of Iowa NOTARIAL SEAL "L j ('57 ?Ari '69 6 SANITARY SEWER AND STORM SEWER EASEMENT THIS AGREEMENT made and entered into by and between Lewis C. Stevens and Adelaide A. Stevens, husband and wife, and the city of Iowa City, Iowa, hereinafter referred to as CITY, which expression shall include their successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of One Dollar and Other Valuable Consideration, receipt of which is hereby acknowledged, Lewis C. Stevens and Adelaide A. Stevens, husband and wife, hereby grant and convey to the City, an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such separate sanitary sewer or storm sewer lines, pipes, mains and conduit as the City shall from time to time elect for conveying sewage or storm water and all necessary appliances, and fittings for use in connection with said pipelines, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto over and across the following described real estate located in Iowa City, Johnson County, Iowa and which abuts Hunters Run Subdivision, Part Five, Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Southwest Quarter of Section 18, Township 79 North, Range 6 West of the 5th P.M.; Thence North 00 degrees 46146" East, 1150.38 feet, to the Centerline of Rohret Road, in accordance with the Final Plat of Hunters Run Subdivision, Part One, as recorded in the Plat Book 22, at Page 53, of the records of the Johnson County Recorder's Office and also being the Southeast Corner of the Shaler Enterprises property as recorded in Warranty Deed Book 583, at Page 89, of the Johnson County Recorder's Office; Thence South 74 degrees 18100" West, 574.49 feet on said Centerline; Thence North 01 degrees 26100" East, 194.19 feet, according to said Warranty Deed to the Point of Beginning of a Sanitary Sewer Easement; Thence South 86 degrees 25122" West, 17.57 feet; Thence North 01 degrees 26100" East, 18.18 feet; Thence South 88 degrees 34100" East, 17.50 feet; Thence South 01 degrees 26100" West, 16.65 feet, to the Point of Beginning. Said tract of land contains 305 square feet, more or less, and is for the purpose of a Sanitary Sewer Easement. Lewis C. Stevens and Adelaide A. Stevens, husband and wife, grant to the City: 1) The right of grading said strips for the full width thereof and to extend the cuts and fills for such grading into and on said land along and outside of said line to such extent as the City may find reasonably necessary. 2) The right from time to time to trim and cut down and clear away all trees and brush on said strip and trim and cut down and clear any trees on either side of a strip which now or hereafter in the opinion of the City may be a hazard to said lines or may interfere with the exercise of the City's rights hereunder in any manner. 3) The City shall indemnify the Stevens's against any loss and damage which shall be caused by the exercise of any said ingress and egress, construction, maintenance or by any wrongful or negligent act or omission of the City or its agents or employees in the course of their employment. The Stevens's reserve a right to use said strips for purposes which will not interfere with the City's full enjoyment with the rights hereby granted provided that the Stevens's shall not erect or construct any building, fence or other structures or drill or operate any well or construct any reservoirs or other obstructions on said area or diminish or substantially add to the ground cover over said lines. The Stevens's hereby covenant with the City that they are lawfully seized and possessed of the real estate above described and that they have good and lawful right to convey it or any part uIL 1r5'i `a-,: 297 l�3�- thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land. Signed this/ Tday of , 1989. r � ' � CLAxl-wj-L, )q� LIa d j Lewis C. Stevens Adelaide A. Stevens/ \/ ��5I" n McDonald, Mayor Marian K. Karr, City Clerk STATE OF IOWA SS: CORPORATE SEAL JOHNSON COUNTY ''77 On this aly of 1361<yl ,1989, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lewis C. Stevens and Adelaide A. Stevens, husband and wife, to me known to be the identical persons named in and who executed the foregoing instrument and acknowledge that they executed the same as their voluntary act and deed. Notary Public in and for State of Iowa ;,• • DAVID P. POULA MY=41SM 0flL tlDiWE! � �mD STATE OF IOWA SS: JOHNSON COUNTY Before me thiso? dday o 1989, personally appeared John McDonald and Marian K. Karr, Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument, that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council and that the said City Clerk and Mayor acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and them voluntarily executed. LC/ ITo ary Public in and for State of Iowa NOTARIAL SEAL VOL 105'7 PA-„ 288 7 STAFF REPORT To: Planning & Zoning Commission Prepared by: Monica Moen Item: S-8904. Hunters Run Subdivision, Date: March 2, 1989 Part Five. GENERAL INFORMATION: Applicant: Hunters Run Development Co. 1550 S. Gilbert Street Iowa City, Iowa 52240 r Phone: 338-2095 Requested action: i Final subdivision plat approval. Purpose: To establish a 20 -lot, single-family residential subdivision. Location: Immediately north of Rohret Road i and west and south of existing Hunters Run development. Size: 9.854 acres. Existing land use and zoning: Agricultural; RS -5. iSurrounding land use and zoning: North - Single-family residential and undeveloped; RS -5. East - Single-family residential; RS -5 and RR -1. South - Single-family residential and undeveloped; PDH -5 and RR -1. West - Undeveloped and single-family residential; RS -5. Comprehensive Plan: Short-range: Agricultural/Rural Residential. i Long-range: Residential. Applicable regulations: Zoning Ordinance, Subdivision Regulations, Stormwater Management Ordinance. File date: January 26, 1989. 45 -day limitation period: March 13, 1989. SPECIAL INFORMATION: Public utilities: Adequate water and sewer service are available. i 2 Public services: Police and fire protection and sanitation service are available. Transportation: Access is provided via Rohret Road and the extension of Hunters Run. Physical characteristics: The site is hilly with moderate relief and drains primarily to the north into Willow Creek. ANALYSIS: On May 3, 1988, the City Council approved the preliminary plat of Hunters Run Subdivision, Parts Four through Nine, a 57.66 acre, low density, single-family residential subdivision. The applicant now comes before the City requesting final subdivision plat approval of Hunters Run Subdivision, Part Five, a 9.854 acre portion of the Hunters Run development which the developer proposes to subdivide into 20 lots. The proposed final plat conforms with the subdivision design of the approved preliminary plat and is in compliance with applicable zoning, subdivision, and stormwater management ordinance regulations. Construction plans and legal documents have been submitted and are being reviewed by staff. STAFF RECOMMENDATION: Staff recommends that the final plat of Hunters Run Subdivision, Part Five, be approved subject to approval of construction plans and legal documents for this subdivision prior to Council consideration of this application. ATTACHMENT: 1. Location Map. ACCOMPANIMENT: 1. Final plat of Hunters Run Subdivision, Part Five. Approved by: onald chmeiser, Director Department of Planning and Program Development �3� LOCATION MAP S-8904 Hunters Run Subdivision, Part Five NORTH #3Z RESOLUTION NO. 89-58 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH HILLCREST FAMILY SERVICES, INC., FOR THE USE OF 1989 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) TO ASSIST IN REMODELING THE BOARDING HOUSE FOR CHRONICALLY MENTALLY ILL PERSONS LOCATED AT 728 BOWERY STREET. WHEREAS, the City is a recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, Hillcrest Family Services, Inc. wishes to operate a boarding house for chronically mentally ill persons and needs to renovate and improve a facility for these activities; and WHEREAS, on November 29, 1988, the City Council approved by Resolution No. 88-240 the allocation of $25,000 in Community Development Block Grant funds to Hillcrest Family Services for the renovation of a facility to serve as a boarding house. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an agreement with Hillcrest Family Services, Inc. to remodel the boarding house for chronically mentally ill persons located at 728 Bowery Street. Said agreement is attached to this resolution and is incorporated by this reference herein. It was moved byand seconded by Larson the Resolution be adapted, an upon ro call there were: AYES: X X X X X NAYS: ABSENT: X Ambrisco Balmer Courtney Horowitz Kubby Larson C McDonald Passed and approved this 21st day of March 1989. (MAYOR Pro fern 'L '}, Approved as to Form jc� 117 ATTEST: //]n^ A� AA% CITY CLERK Departmept X50 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLCREST FAMILY SERVICES, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, entered into this 2-F day of Whet , 1989, by and between the City of Iowa City, a municipal corporation (herein referred to as "City"), and Hillcrest Family Services, Inc. (herein referred to as "Agency'): WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Develop- ment (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, Hillcrest Family Services, Inc. wishes to operate a boarding house ("Facility") for chronically mentally ill persons at 728 Bowery Street, Iowa City, Iowa; and WHEREAS, the City wishes to utilize CDBG funds to assist the Agency in rehabilitating the boarding house for chronically mentally ill persons located at 728 Bowery Street. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PART I 1. PURPOSE AND SCOPE OF SERVICES: A. 1. The Agency shall rehabilitate the property located at 728 Bowery Street in compliance with all applicable state and local building codes. 2. In partial consideration for receipt of CDBG funds, the Agency agrees to provide a boarding house for chronically mentally ill persons at this location for a minimum period of 10 years after completion of the services herein, or April 30, 1999. B. The Facility shall be rehabilitated in compliance with all applicable state and local building codes; and upon completion, shall be operated in compliance with all applicable state and local codes and ordinances. The agency agrees the Facility shall be used solely for the purpose of providing a boarding house for chronically mentally ill persons at 728 Bowery Street. 2 II. TIME OF PERFORMANCE: The Agency shall perform according to the following schedule: Program Element Deadline 1. Execute Contract for the Project with March 21, 1989 City 2. Project start date March 21, 1989 3. Complete Rehabilitation Project April 30, 1989 3. Facilities in operation following May 1, 1989 Project Completion through April 30, 1999 This schedule is subiect to change by mutual agreement of both Parties in writing. III. PROPOSED PROJECT BUDGET: A. Boarding House Rehabilitation $25.000 TOTAL $25,000 IV. COMPENSATION AND METHOD OF PAYMENT: The City shall pay and the Agency agrees to accept in full no more than $25,000 (twenty-five thousand dollars) for performance under this Agreement, as follows: A. Partial payment shall be made upon receipt of invoices for architectural services rendered. B. Further payments shall be made upon presentation of (1) architect's Certificates for Payment for labor and applicable construction materials and supplies purchased or billed from the contractor for progress payments for project work completed, and (2) executed lien waivers covering all amounts to be paid. C. The Rehabilitation Project shall not be considered complete until after receipt of lien waivers covering all work and materials installed; after the City has inspected and approved completed work; and the Agency certifies that all work has been completed to its satisfaction. A. The City shall have no responsibility or liability for the maintenance, operation or program funding for the Agency. B. Until at least April 30, 1999, the Agency shall, in a manner satisfactory to the City, fulfill its stated purpose and provide continued service to its clients residing in the Facility. C. During the period of this Agreement, to begin March 21, 1989, the Agency shall, at its own expense, procure and maintain all - X50 risk property damage and liability insurance. Property damage coverage shall not be less than the current market value of the property. Liability coverage which shall include contractual Insurance as well as comprehensive form insurance, and which shall provide coverages of not less than $250,000 bodily injury per person, $500,000 bodily injury per occurrence, and $100,000 property damage. Proof of insurance shall be shown to the City by furnishing a copy of the certificate of insurance issued by an insurance company licensed to do business in the State of Iowa. The certificate of insurance shall include a statement guaranteeing that the insurance company shall notify the CDBG Coordinator within 30 days of the lapse of said policy. D. The amount paid hereunder shall be a no interest repayable loan, secured by a mortgage on the property, using Iowa State Bar Association form of a Real Estate Mortgage - Iowa. The loan amount shall be evidenced by a promissory note in the form of such note attached hereto as Exhibit "A-1" and repaid in 120 equal monthly installments, commencing May 1, 1989 for a period of ten (10) years. There shall be no penalty for prepayment. E. The Agency shall not sell, assign or transfer any legal or equitable interest in the property at any time prior to April 30, 1989, without written concurrence of the City. In the event that the Agency elects to sell or otherwise transfer legal or equitable interest in the property prior to April 30, 1999, the Agency shall pay to the City the outstanding balance of the loan relating to the property sold or, if the Agency discon- tinues its program, the Agency shall pay to the City the outstanding balance of the loan then due. If the Agency fully complies with its obligations hereunder, on May 1, 1999 the lien against the property will be released by the City. C. Except as provided herein, the terms of this Agreement shall be effective from the date of execution through April 30, 1999. PART II The Agency shall direct all notices, reports, insurance policies, and other communications related to or required by this Agreement to the office of the Iowa City Community Develop- ment Block Grant Program Coordinator, 410 E. Washington Street, Iowa City, Iowa 52240. Notice shall be given by ordinary mail. Not later than May 1, 1989, the Agency shall provide the City with a certified statement of the expenditure of funds disbursed under this Agreement. 450 Following completion of the Project, the Agency shall submit annual reports by the first day of September of each year thereafter, until April 30, 1999. The annual report shall, at a minimum, include statistics pertaining to the number and place of residence of clients served at the Agency's Facility and a summary accounting of the Agency's fiscal status. For projects involving $25,000 or more, an audit report which meets the specifications set forth in OMB Circular A-128, "Audits of State and Local Governments," and which discloses the expenditure of CDBG funds allocated for this Project, shall be submitted by August 30, 1989. No reporting requirements shall extend beyond April 30, 1999. II. OTHER REPORTS AUDITS AND INSPECTIONS: A. The Agency shall promptly furnish the City or HUD with such records data and tofthistion as e City or HUD may Agreement. B. During the term of this Agreement, any time during normal business hours, the Agency shall make available to the City, HUD and/or the Comptroller General of the United States, or their duly authorized representatives, all of the Agency's records in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this Agreement. C. The Agency shall retain financial records, supporting documents, statistical records, and all other records pertaining to yedethe termination of thistfor a Agr ementeriad of three (3) ars from III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of applicable sections of: 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," DNB Circular A-122 Cost Principles for Non-Pofit ruse of tfunds"and MB Circulars A-110 disbursed under this AgreementA-128 shall . IV No person shall be excluded from or denied the benefits of the Agency's service on the basis of age, race, color, religion (creed), national origin, sex, marital status, handicap or sexual orientation. All current and fthees program provided d byithisiAgencyt, however, be personsinneed o q50 EQUAL EMPLOYMENT OPPORTUNITY: The Agency certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa Cit Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, the Agency shall ensure that all contracts for work under this Agreement contain appropriate equal employment opportunity statements. VI. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: The Agency shall assist the City in complying with all applicable environmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: The Agency shall comply with requirements of Section 302 of the Lead - Based Paint Poisoning Prevention Act and HUD regulations thereunder (24 CFR Part 570) insofar as they apply to the performance of this Agreement. VIII.TERMINATION OF AGREEMENT FOR CAUSE: If the Agency fails to fulfill its obligations under this Agreement in a timely and proper manner, or if the Agency violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to cure to the Agency of such termination, specifying the default or defaults, and stating that this Agreement shall be terminated 30 days after the giving of such notice unless such default, or defaults, are remedied within such cure period. In the event of termination, the Agency shall promptly repay to the City the full contract amount of $25,000, or the portion of such amount which the City has disbursed to the Agency prior to such termination. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to any share or part of this Agreement, or to any benefit to arise herefrom. No member of the governing body of the City, no officer, employee, official or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval or carrying out of the Project to which this Agreement pertains, shall have any private interest, direct or indirect, in this contract. X50 INTEREST OF THE AGENCY: The Agency covenants that it has no interest and shall not acquire manner ory degree interest direct the performance of which thewould services conflict in be undertaken through this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such an interest shall be employed by the Agency. XI. ASSIGNABILITY: The Agency shall not assign or transfer any interest ithis siAgree- ment without the prior written approval of the City. Any nt made without such consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. XII. HOLD HARMLESS PROVISION: The Agency shall indemnify, defend and hold harmless the City, its officers, employees and agents from all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the negligent acts or omissions of the Agency's employees or agents during the performance of this Agreement. XIII.IIMITATIONS OF CITY LIABILITY DISCLAIMER OF RELATIONSHIP: The City shall not be liable to the Agency, or to any party, for completion of or failure to complete any improvements which are part of the Rehabilitation Project. Nothing contained in this Agreement, nor any act or omission of the City or the Agency, shall be construed to create any relationship of third -party beneficiary, respondeat association byited reasonr of the Ageeneral ncy's involvement with the City. or any IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this L 2 day of 1989. CITY OF IOWA CITY, IOWA HILLCREST FAMILY SERVICES, INC. By: l j Jl�kr ?�: By: Mayor Pro tem (% ExExxec� a ire or ATTEST: Con ATTEST: City Clerk 4.50 ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 21st day of March 1989 , before me, the undersigned, a Notary Public in and for said State, personally appeared Darrel Courtney and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor Pro tem F, Clerk, respectively, of said municipal corporation execut- ing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation, and that the said John McDonald and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. r -A" �L for r aAC� Notary Public in and for Johnson County, Iowa On this -2S_ day of %% �/ 19�, before me, the undersig d, a Notary Public in and for the State of Iowa, personally appear I I/ / /S w%i I. , to me personally known who, being by me duly sworn, did say that they are the ?_� X 1«.ir IV;, „ 41 and , respectively, of the corporation execut- ing the foregoing instrument; that ( ".,�:` h'��that try he instrument the seal affixed hereto is the seal of) the corporation; was signed (and sealed) on be j if of the��poratiyn by authority of its Board of Directors; that /�� /� fi ,.lo and acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary, by it, by them and as the fiduciary voluntarily executed. Notary Public in and for the State of Iowa CA PRC, JVD AS�TO F . I LEGAL DEPAFlTMENT 3—/d;-Fv X50 Exhibit A-1 PROMISSORY NOTE Amount: $25,000 Property Address: 728 Bowery Street Date: Iowa City, Iowa FOR VALUE RECEIVED, the undersigned promises to pay to the order of the City of Iowa City (hereinafter referred to as the 'City') in 120 equal monthly installments the principal sum of Twenty-five Thousand Dollars ($25,000). There is no interest charge on said principal balance. The first payment, of $208.73 shall be due on May 1, 1989, and an amount of $208.33 shall be due on the first day of each month thereafter until the indebtedness is paid in full. All payments shall be in lawful money of the United States of America and shall be made at the principal office of the Iowa State Bank and Trust Company, 102 S. Clinton Street, Iowa City, Iowa 52240, or at such other place as the City may designate in writing. The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums. In the event that a payment has not been received by the Iowa State Bank within ten days after it is due, a 5% late interest payment charge will be assessed on each overdue payment. In the event the undersigned fails to pay any installment payment on this Note when due, and if such failure is continuing on the date the next installment payment under this Note becomes due and payable, the unpaid principal amount of this Note, together with accrued late payment charges, shall become due and payable, at the option of the City, without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such default. No default shall exist by a reason of non-payment of any required installment of principal as long as the amount of any optional prepayments already made pursuant hereto equals or exceeds the amount of the required installments. If this Note is reduced to judgment, such judgment shall bear the statutory interest rate on Judgments. If suit is instituted by the City to recover on this Note, the undersigned agree(s) to pay all costs of such collection, including reasonable attorney's fees and court costs. This Note is secured by a mortgage, duly filed for record in the Johnson County Courthouse. Demand, protest and notice of demand and protest are hereby waived, and the undersigned thereby waives to the extent authorized by law all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. 415o F4 IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, as of its date. HILLCREST FAMILY SERVICES, INC. 114. & ,/9&r By: DZ i Date Its i' TO r*0 AP FtOT AS LEGAL DP ARTME T �F50 �5O awA nan aAa Arae: VIOO nr--- --- — . — — ,rax r.,.. war. . I... M .a.mar rw rr,r wrw�r—rr REAL ESTATE MORTGAGE—IOWA �a IGIji� 3eiterturc m.d. Il 1•! rf A 0. IT— yt,,, Hillcrest Fanil Service In M^d9agra d dw CaMyd Johnson -old Sbb of bna. a.d City of inwa Clt ,lora AaodagaY. d tM County of Johnson aAd Shbof lora WRMKSS MI That Iti rid Mwtgagm w aotridw tkn of e tr Flv Thousand and no/100----------------------------- DOLLARS Twenty -Fl v IS25,00_.00 1I band by Modgnga.. raaind bI Mollgagon ad wfdrlcd br th. p•on;"Y nob h' k,0w vfs"d for da• by th.a prwlh 364 COMTA AMD MORTGAGIL of- tha add Morpagaa — C1ty of Iona City Iowa Ma failo.inq dwAbsd W Enato IH [ d in 04 Co fy of Jon son Sbb of 1w ' bril: 728 Bowery Street, Iowa City, Iowa, legally described as follows: The South BO feet of Lot 121 In Oak Hill Addition to Iowa City. Iowa, according to the plat threof recorded in Book 2. Page 14, Plat Petards of Johnson County, Iowa. I.n.'•.• .:M 10 D.•.rtl ner.Mr IMI rr LI.v,.A, I.l..v a r M ✓ Awxr b-rr .. atpr.l nn d uW-1,IIIw...d dd M1 r Mrrxd IMI w Igal Rrtra w..1w rd.. tlMd. wr:u K+d. wrl. I,rw .•New nap drM w,... C..4w. ronNY•y . I.r Arlr. w,r rhrw. wlruM bray p-Aww, W .Mr M,tD.d Flt�l• W Wln YpIW. wmw..4 ,d r:axr M pwe•D. d uJ .M ,1 d M -.w+h .w.lnl wr.lr .rprr-wn MnI- rD'x.:Ixr •wa ►e!x sA p.s.l N.Y.•,I. r lN.r. w I.Iw aMrdY S.sltr bMM 6-6, . wiw r I•YNd Mei,. U-.M.Canwf:.r C.Y bd NMNYrI AYiI twr..r wtA Ywp.N- w I.ff.Wr .+rr,11. M., ...a MMy.yen Mld_YW -1.0 r. W I.N i Iw W I.dd .wAMDI w r1• -.n ra nMO.ar w•...'..: Mt ud N.w.r .n Fw W Orr.f d arr ,N rd ul ro .n Cw«M w W.rr..' W bIW M rd In► r p.iM M l..ld Ww d .1 plr, dawp.w, wtw, r -./ M .bw O.td. bd .1 M Wr.id b..M -k""" .1 Aaxx d d—, bp.rl W W lllnbdw. ,Mn'. W M M .Mn d.wl.d ar-.• ba W ..I,r ..I rgMl d rwpww .I r .•/ d rd wren. COMMIOMO IIOr'eT4 ia.l A N4 a1Ma.DM J.A r, w uw. 4 M rd r r4 YMNa.. r b Mtww w .rwrt. i I� Ip 4.r d ruw .aid duo M 4pl Iwdr pr+p� d u�naN^ r. Y.rpyw. M wpl� I w Miwrl' A 1 v / - rM-IAr.4.nr d xr w.C1w.W p .r h,rlp.re.pN•' O. I.un.IM.4dw ...ar. MarM•. rrnD, 1,.Yw/w• I,N'I•.t. aiMn.lD/.l.,r.. •. �r•r .• rlI.uY.1.:1 e •a.•adMM. .•d •I. ueMlu IM.. ..I..rI• r.MAa n.TwNDpA.• .W M1.1. bIw.•I.f.r, rs M D,rn, r eua. ..... MI.M/.l,r.A d.r 0 Aj .l ..a \ I...Ir, .,r, MMY Nw x I. IAVa11a0< ww'v .A.a 1M i 1..:ru.t. Y...:•r M.nlr w b wp4 .i1Art rww w I -.d, .NMn r p p•Ird M b, An. br.1a W .rlr Mrd. u..x:..d trxyrtN w uerp,ar dM yw M.. M •Iw,W r .I MaI+N .d �Ixxw•r.w w rd A.w'.:+V :I fww+w I. b. rYp.d M v.aw i ,r _ .,Ir wtA p..rwlp"p.� tl inY"w + d.^wr:M Yapr n.wd r4w.iM M Yry.r. 1. YAIARf TO MOI�. Yy,D.r.Mi d.n Ir. M b.4Nv. IN ...✓ :•-Yw.wn w N uA Yw:w w ,I aW wr..N r pr r M. w .n A� Nr drtd. rd...n . rW wn pM mqM: . NI .r uar r tw•aI .ay w fWa's, 1. AT (HU1uh7 Rl I.Sd M tI`r• r .•/ Yu.dpl :. m -.n. b Wlrt F wn pNW r w[rd iI ,l, I,a d 1 M YMv, w ,MqJ .pr 'x. .b'I•. �. nMd DreNrr/. IMI .4•. p/ n„w 6r,wY Iwl r M1 r t 4• Mh—e ....� mI �5O S. CONTINUATION OF AISTRACT. In ..eat of any default herein by Morlgagori. Mortgages may at the .sponse of MaJgagmi, pr»a.e en abh»d of side, ar cmcnuuim thereof, far said preoshes, and charge end add to the mortgage debt the cost of such ebnrecl a, mmbumim .Uh interest upon such ..,as. at th. d.1 -It sell prwided h the .....cured herby. 6. ADVANCES OPTIONAL WITH MORTGAGEE. II h .pial, .nd.nt.od and ag,..d that if the inwunca also.. prwided for it d' pray, o d.ehutlde .rAd. if the ee.t n ordudsial aadbaramlctible a or dm.d against said ar mmecarop sty cull Income delinquent, Mo hge ea I helh'. not but may end 'n hereby amh»d.d b pay .aid Ia,n and ,p.,iol ......nh rrnauleriflnt;a the bra s'ce an mso orl el u d is .she: nJ 9 eco. n sore Iy ....dl, end dl such ........nh interest IA'rwn at the default ale prv.iJsd in Ib nolo sand hereby Isom case of payment .AJI b e cm apainJ .aid p»mne" 9. ACCELERATION OF MATURITY AND RECEIVERSHIP. And it h.grand hhat l default shill bemede in the payment of said nab, sty pen of the interns therein anyah ad.e aibf . agm6 im .Rich may be ...mrd A..., o any eq ... d pr Iecf.. dhbun.ment, ..h bn. m. i.J nm.. n s .mes u nend 1-1411 r it Mwlgegor..hell age, or cmnmil .ah. an a, la said mcuJly. or x the,. rl 11be dIona'.'1. camel, .db this and .....onddion of thin medq qe, then, al the opfm of I. Mariana.. said este end It. »hal. dthe M engage, nd.Ji g all pa mems lar tan, a ash a u sec. semi Jell be, m. due and oll be, col -tial. eta a Is, Inndosme a IMnne alter such d.lnuh ow6Aurs, and n gheut rusk. of 6m1en v ah0m and at.nv Gmr ell's 'he . a ..est of . euim in fondomm. or during the period d summation. As court he.:ng jurisdiction o�f the .care shall. I the request of the Motlgages •poems e » Io Ede int ,diets po.....ia. al 6d prop.,,,. and el Ihe rel, and profs caning Aoelrme, nod la sent suit IA.. oerhe may, deem ben lo, the tual of all penin concerned. end shall be liable to museums to said M rtgagon Iy for IA n 1 pooch seller a AkMion of en1A i. d praEb uq. the costs and rmn f the .... r' ,dip e d I.recle »e say ft. iad.bbdna., cher.... d mean... hereby secured and testier anfoned. And is sn heresy eared. 'hot ane, any d.h.N ' the pa'ment of nilhar Principal insera t such sums .n debult secured 6y hm er ml.eg. chaff die. . Ives' at 16s default rete ,.Wed b 16. sole umrad hernias.w a. DEFINITION OF TERMS. Union .11,—;sa np...0, bbd, the .md "Mast........ a. used herein. includes wcc.mn in Warrant al such "Mwlg yy : the mord Mmpng e . as sued Au in sante. e�he..i e,pm0s staled 'ncluda the ..n .a intoes, of .h 'Mmlgmw. All r.urd, r f.,dng le ' Ma,lgenmi' "'Mo,hgag» hall be <esd.ued b be al 16. eppmpries,,gender end .umbar, ecmrdmg to the pnbm. Thin .mdays,m, hail include IAe ,dno.ledgmmt hereof. 9. TAe add,... of IN. Mortgages I. 410 E. Washington t4mt a,6 Num4.1 Iowa City, Iowa 52240 1mi11 letml ale Ded.l (Sr', int »nen.. er a».bm uv. caa..r I...r 10. ADDITIONAL PROVISIONS, ghe Idto.ing add,;.a.1 prwhiom an h ... Is, inmrpaubd heroin: IbMnal.t..r de. data, IF dnN.dl The adnc:pal abligafos A»ei.. he me pmminery nab step. r.I .... d to h potable i Nay 1'1989 ,ad 1208.33 p the first day each month thereafter until the indebtedness of 25,000 is paid -1 full. _APPROVED AS 70 FORM .a % LEGAL DEPAMMENT ..9�6•F9 IN WITNESS WHEREOF, said Morfgagon have hereunto sal Ihair hand, the day and year fint above written, Hillcrest Family rvice Inc. BY: Exec. 1v Oirect r Morlgeyea STATE OF IOWA, COUNTY, u: On thin 7-7 day of M•' ••% , A. D. 1912— before me, the undersigned, a Notary Public in and for the Stets of lease, penoneilly, appeared_ B, Le..,n :Ta. sera known to be the identical penon, named in and who esocufed the foregoing instrument, and ecknowbdged that they eneculed ]m same as their voluntary act and dead. ................ ...... ....... .......................... ........ ............... I .................... ........ Nolory Public in and for said Stele W IS ,^ 0 1 c H �' rc yP O F OPr TTI( p a$ .o I 0 F 4 Is O m I, City of Iowa City MEMORANDUM Date: March 6, 1989 To: Chuck Schmadeke From: Rick Fosse 06f' Re: Construction Inspection of Sewer Projects It is clear that we do not have enough in-house inspection staff to adequately cover the three sewer projects as well as other public works projects that will be constructed in the next two years. There are two ways to alleviate this problem: hire additional temporary in-house staff or contract with engineering consultants to supply inspectors to work under the City's supervision. Both options have been pursued to assess the quality and cost of each. Seven engineering consulting firms were contacted to request resumes and hourly rates for inspectors to work on our projects. Six firms submitted proposals with a wide variety of skill levels and hourly rates. Inspectors from four firms were i interviewed to further determine their abilities. To pursue additions to in-house staff, I met with Sylvia Steinbach to discuss the related costs. We found that although the hourly rate paid to an in-house inspector is significantly less than what would be paid to a consultant, other costs such as benefits, unemployment and additional equipment bring the total in-house costs nearly to the same level as the consultants. In addition to cost, there are a number of related factors which consultants offer an advantage: 1. Vacation and sick leave will never leave us short staffed since the consultant will provide a substitute. 2. There are a variety of skill levels with corresponding wage rates. This will allow us to pick and choose the right person for a given task. 3. When the contractor is not working or in situations which our present in- house staff can cover all the projects, we are not paying for an extra body that we do not need. 4. Consultants possess a substantial pool of construction inspection related equipment. This will reduce our exposure to delay claims by the contractor that could result from equipment failures. All things considered, I believe that supplementing our in-house staff with inspectors from consultants is our best option. bj/pc2 7 Sf RESOLUTION NO. 89-59 RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK, RESPECTIVELY, TO EXECUTE AND ATTEST A CONTRACT FOR CONSTRUCTION INSPECTION SERVICES WITH SHIVE-HATTERY ENGINEERS AND ARCHITECTS, INC., IN CONJUNCTION WITH THE CONSTRUCTION OF THE SOUTHEAST INTERCEPTOR SEWER AND THE SLUDGE FORCE MAIN. WHEREAS, the City of Iowa City has undertaken projects to construct the Benton Street Interceptor Sewer, the Southeast Interceptor/Snyder Creek Segment Sewer, the Outfall Sewer, the Sludge Force Main, and the Southeast Interceptor/Ralston Creek Phase I and Phase 2 Sewers; and WHEREAS, construction will commence on all of said projects during the next six months; and WHEREAS, professional construction inspection services are required in order to assure that said facilities are constructed as designed and within the applicable time constraints under which the City is operating; and WHEREAS, given the significant amount of construction work being undertaken in conjunction with said projects, the Public Works Department will not be able to provide adequate construction inspection for all of said projects; and WHEREAS, City staff have negotiated and prepared a Contract for Construction Inspection Services by and between the City and Shive-Hattery Engineers and Architects, Inc., for the provision of professional construction inspection services in conjunction with the Southeast Interceptor Sewer construction projects and the Sludge Force Main construction project; and WHEREAS, this City Council has been advised and does believe that it would be in the best interests of the City of Iowa City, Iowa, to execute and enter into said Contract for Construction Inspection Services. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Contract for Construction Inspection Services by and between the City of Iowa City and Shive-Hattery Engineers and Architects, Inc., attached hereto and made a part hereof, be and the same is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City, Iowa. 4S/ f It was moved by Balmer and seconded by Larson the Resolution be adopted, and3 upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 21st day of March , 1989. ATTEST: 2 r.. J NJ CI CLERK Pro tem as to Form AGREEMENT THIS AGREEMENT made and entered into this day of 1989, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Shive-Hattery Engineers And Architects, inc. of Iowa City, Iowa, hereinafter referred to as the Engineer. WHEREAS the City intends to construct the Iowa City Southeast Interceptor Sewer and Sludge Force Main Projects; and WHEREAS the City has awarded Contracts for the construction work through a competitive bidding process; and WHEREAS the City desires to engage the services of an Engineering Consultant during the term of the Contract; and WHEREAS a portion of Contract will be funded with Federal monies; NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the City does contract with the Engineer to provide engineering services as set forth herein according to the terms of this Agreement. This Agreement shall be subject to the following terms, conditions, and stipulations, to wit: SECTION I - SCOPE OF SERVICES 1.1 General 1.1.1 The City of Iowa City desires to construct the Southeast Interceptor Sewer Project and the Sludge Force Main Project in accordance with approved plans on file in the Office of the City Clerk. 1.1.2 The Engineer agrees to perform the following professional services for the project in accordance with generally accepted standards in the industry. 1.1.3 The Engineer shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: A. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. To discriminate against any individual in terms, conditions, or privileges or employment because of race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. SHIVE-HATTERY ENGINEERS AND ARCHITECTS...,. 7�/ AGREEMENT Page 2 1.2 Design Services 1.2.1 Design services are not required or included in this Agreement. 1.3 Bidding and Contract Award Assistance 1.3.1 Bidding and Contract Award assistance services are not required or included in this Agreement. 1.4 Engineering Services During Construction 1.4.1 Engineer shall under this paragraph provide resident project representatives as requested and approved by the City to work under the direct supervision of the City's Project Manager. The Resident Project Representative shall be qualified and trained to perform construction observation and will perform the following duties and responsibilities: A. General The Resident Project Representative will serve as the City's Representative, will act as directed by and under the supervision of the City's Project Manager, and will confer with the City's Project Manager regarding his actions. The Resident Project Representative's dealings in matters pertaining to the on-site work shall in general be only with the City's Project Manager and Contractor, and dealings with subcontractors shall only be through or with the full knowledge of the Contractor. Written communication with the Contractor will be only through or as directed by the City's Project Manager. B. Duties and Responsibilities (Of Engineer or Project Representative) 1. Schedules: Review the progress schedule and schedule of values prepared by the Contractor and consult with the City's Project Manager concerning their acceptability. 2. Conferences: Attend preconstruction conferences and other job conferences as required in consultation with the City's Project Manager and notify those expected to attend in advance. 3. Liaison: a. Serve as the City's liaison with the Contractor, working principally through the Contractor's Superintendent to provide assistance in understanding the intent of the Contract Documents. b As obtainingtfromytheeContractor additect iionaledetailsassist orin SHIYE•HATTERY ENGINEERS AND ARCHITECTS. -c AGREEMENT Page 3 information, when required at the job site for proper execution of the work. 4. Review of Work Rejection of Defective Work and Tests: a. Conduct on-site observations of the work in progress to assist City's Project Manager in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. b. Report to the City's Project Manager whenever he believes that any work is unsatisfactory, faulty, or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests, or approval required to be made or has been damaged prior to final payment; and advise both the Contractor and the City's Project Manager when in the opinion of the Project Representative work should be corrected or rejected or should be uncovered for observation, or requires special testing, observation, or approval. c. Verify that tests, equipment, and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that the Contractor maintains adequate records thereof; observe, record, and report to the City's Project Manager appropriate details relative to the test procedures and startups. 5. ]nteroretation of Contract Documents: Transmit to the Contractor the City's Project Manager's clarifications and interpretations of the Contract Documents. 6. Modjfications: Consider and evaluate the Contractor's suggestions for modifications in Drawings or Specifications and report them with recommendations to the City's Project Manager. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all Addenda, Change Orders, field orders, additional Drawings issued subsequent to the execution of the Contract, City's Project Manager's clarifications and interpretations of the Contract Documents, progress reports, and other project related documents. SHIVE•HATTERY ENGINEERS AND ARCHITECTS.... AGREEMENT Page 4 b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers, and distributors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. Provide copies to the City's Project Manager. c. All work under this Section shall, as a minimum, be in compliance with all Federal and State record keeping practices for Federally and State funded projects. 8. Payment Requisitions: Review applications for payment as requested by the City's Project Manager with the Contractor for compliance with the established procedure for their submission and forward them with recommendations to the City's Project Manager, noting particularly their relation to the schedule of values, work completed, and materials and equipment delivered at the site but not incorporated in the work. 9. Completion: Before the City's Project Manager issues a Certificate of Substantial Completion, submit to the Contractor a list of observed items requiring completion or correction. Conduct final review of construction in the company of the City's Project Manager and the Contractor and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to the City's Project Manager concerning acceptance. 10. Additional Duties and Responsibilities The Engineer or Project Representative will be present at the construction site when construction work is in progress to provide construction observatoin of the progress and quality of the construction work to determine in general if it is proceeding in accordance with the Contract Documents. The Engineer shall use its best efforts to guard the City against defects and deficiencies in the work of the Contractor and shall endeavor to achieve satisfactory performance from the Contractor. SHIVE•HATTERY ENGINEERS AND ARCHITECTS,.... AGREEMENT Page 5 b. The Engineer or Project Representative shall notify the City's Project Manager of all permanent work observed which does not conform to the Contract Documents. c. The daily diary/log format shall include a record of Contractor's work force at each work site, a list of visiting inspectors and officials, daily activities, weather conditions, equipment on each site, decisions made, general observations, and specific observations including test results. Copies of daily reports shall be provided to the City weekly. d. Construction photos shall be maintained to document construction progress. C. Limitations of Authority Except upon written instructions of the City's Project Manager, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on City's Project Manager's authority as set forth in the Contract Documents, 3. Shall not undertake any of the responsibilities of the Contractor, subcontractors, or Contractor's Superintendent, or expedite the work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences, or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the work. 6. Shall not authorize the City to occupy the project in whole or in part. D. Testing 1. Resident Project Representative will perform concrete cylinder testing, slump tests, beam tests, and soil compaction tests as directed by the City's Project Manager. SHIVE•HATTERY ENGINEERS AND ARCHITECTS.... ' AGREEMENT Page 6 2. The Engineer will supply equipment for the Resident Project Representative. At a minimum, the equipment provided will include a vehicle, including fuel and all maintenance expenses, for transportation to and from the construction site; concrete field test equipment including slump cone, air meter, and concrete beam forms; soil compaction equipment including calibrated nuclear density meter; safety equipment including hard hat, eye, ear, and lung protection, and appropriate construction clothing; a 35 mm camera; and appropriate measuring devices including an engineer's rule, tape, and hand level. 3. The City will supply the following: a. Plans and Specifications. b. Field Books. c. Concrete Cylinder Forms. d. Testing Services for Concrete Cylinder and Beam Breaks. e. Film and Developing. SECTION II - COMPENSATION FOR SERVICES 2.1 The City agrees to pay for all services performed in accordance with this Agreement on a basis of hourly rates. Hourly rates are attached to this Agreement as Exhibit A. 2.2 Reimbursable expenses shall be included in the hourly rate and include required expenditures made by the Engineer, his employees, or his consultants in the interest of the project. 2.3 Special Services. Engineering services which the City requires that are not included in this Agreement will be performed by the Engineer, as special services, on a cost plus fixed fee basis, subject to approval and acceptance by both parties prior to the commencement of the special service. 2.4 Extra Services. The Engineer agrees to provide technical assistance and/or expert testimony, if requested by the City, and to support the City's decision with regard to any claim against the Contractor which results in arbitration or trial. Fees for such technical assistance and/or expert testimony shall be negotiated separately prior to the time services are rendered. 2.5 Based on personnel selected to perform Resident Project Representative's duties as listed in Exhibit A, it is anticipated that 1,100 hours of work will be required for the Southeast Interceptor Sewer Project and 400 hours of work will be required for the Sludge Force Main Project. The SHIVE•HATTERY ENGINEERS AND ARCHITECTS.... *65-/ AGREEMENT Page 7 hours of work may be increased or decreased by the City, at any time, provided however that the hourly rate may be increased by an amount not to exceed 6% if services are required beyond December 31, 1989. SECTION III - TIME OF PERFORMANCE 3.1 The Engineer will perform required services to comply with the construction project schedule approved by the City. Revisions to the project schedule may be made from time to time, to accommodate the Contractor's work. Such revisions will not alter the required services under this Agreement. 3.2 It is anticipated that engineering services to be provided will be required from March 15 to September 30, 1989, for the Southeast Interceptor Sewer Project and from April 15 to August 1, 1989, for the Sludge Force Main Project. SECTION IV - GENERAL PROVISIONS 4.1 Pertaining to the Engineer's Services 4.1.1 Engineer agrees to perform all services in a thorough and professional manner and to hold the City harmless from any liens for materials and labor furnished by the Engineer in connection with their work. 4.1.2 The Engineer agrees to maintain insurance for public liability, property damage, and Worker's Compensation. 4.1.3 Whenever in the Contract Documents or in this Agreement the terms "to coordinate," "as ordered," "as directed," "as required," "as allowed," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "proper," "satisfactory," or adjectives of like effect or import are used to describe requirements, direction, review, or judgment of Engineer as to work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the work as it relates to the Contract Documents. The use of any such term or adjective never indicates that the Engineer shall have authority to undertake responsibility contrary to the provisions of the Contract Documents or this Agreement. 4.1.4 it is approvaldtosthedthat Engineeriforeof the all changesyinotheovide the written Contract Documents initiated by the City could result in failure of the project to conform to the Plans and Specifications and the City shall assume all responsibility for any negative consequence of these changes as a result of failure to provide written approval to the Engineer. SHIVE•HATTERY ENGINEERS "fes AND ARCHITECTS.... AGREEMENT Page 8 4.1.5 The Engineer will not be responsible for the effects of temperature, erosion, flooding, settlement, or other acts of God nor for any other interference with contours and elevations by actions of others beyond the control of the Engineer. 4.1.6 The Engineer has not been retained or compensated to provide design and construction review services relating to the Contractor's safety precautions or to means, methods, technique, sequences, or procedures required for the Contractor to perform its work. Also omitted from Engineer's duties are any responsibility for shoring, scaffolding, underpinning, temporary retainment of excavations, and any erection methods or temporary bracing methods. 4.1.7 The Engineer intends to render its services under this Agreement in accordance with generally accepted professional practices for Project Representative services as specified for this project. 4.1.8 The Engineer will be furnished such additional copies of the Drawings, Specifications, and Contract Documents as may be required to perform the work. 4.2 Pertaining to the City 4.2.1 Should the City terminate the Contract, Engineer shall be paid on the basis of direct hourly fees for personnel services as herein attached as Exhibit A, and by this reference made a part hereof, for all work and services performed up to the time of termination. The City may terminate this Agreement upon seven (7) days written notice to the other party. 4.2.2 This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 4.2.3 Engineer agrees to indemnify an City, its officers, employees, or claim of damages arising out omissions of the Engineer, his d hold harmless the City of Iowa and agents against any liability of the negligent acts, errors, or employees, or agents. 4.2.4 It is further agreed that no party to this Agreement shall perform contrary to any State, Federal, or County law or any of the Ordinances of the City of Iowa City, Iowa. 4.2.5 Larry F. Morgan, P.E. and/or David J. Elgin, P.E. of the Engineer shall attend such meetings of the City relative to the work set forth in this contract as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Engineer so that he/she may attend. 4.2.6 The Engineer 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 SHIVE•HATTERY ENGINEERS AND ARCHITECTS...,. *51 AGREEMENT Page 9 or obtained by the Engineer pursuant to this Agreement, without cost and without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Engineer shall not be liable for use of such documents on other projects. 4.2.7 The City agrees to tender to the Engineer all fees and money in accordance with the schedules attached as Exhibit A. 4.2.8 Should any section of this Contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 4.2.9 Records of the Engineer's hourly performance pertaining to the project and records of accounts between the City and the Engineer shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 4.2.10 All fees shall bebilled and due payable monthly. With each billing the Engineer shall list the individual personnel on the job site that month, the hours worked by each person, and the amount due. 4.2.11 All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectural Profession. 4.2.12 It is further stated that there are no other considerations or monies contingent upon or resulting from the execution of this Contract nor have any of the above been applied by any party to this Agreement. SECTION V - GRANT PROVISIONS 5.1 pertaining to the Engineer's Services 5.1.1 Engineer agrees to comply with applicable provisions of Exhibit B which is hereto attached. 5.1.2 For purposes of Exhibit B, the City of Iowa City will be defined as "Recipient" and Shive-Hattery Engineers And Architects, inc. will be defined as the "Contractor." 5.1.3 To the extent any provisions in Sections I through IV of this agreement conflict with Exhibit 8, the provisions of Exhibit B shall prevail. SHIVE•HATTERY ENGINEERS AND ARCHITECTS..... I/C / AGREEMENT Page 10 IN WITNESS WHEREOF, this parties have hereto executed, by their duly authorized representatives, this agreement in duplicate on the respective dates indicated below: FOR THE CITY: FOR THE ENGINEER: DATE: % 7 /OV? DATE: 3 l� ATTEST: OEGALTO FOPMDEPARTMENT SHIVE•HATTERY ENGINEERS AND ARCHITECTS.,... AGREEMENT SHIVE-HATTERY ENGINEERS AND ARCHITECTS,.,. Page 11 EXHIBIT A THE CITY OF IOWA CITY SEWER PROJECTS CONSTRUCTION OBSERVATION PERSONNEL PROPOSED HOURLY RATE 1. Michael Schuckert $22.00 2. Kathrine Wittmayer $30.00 3. Bruce Hayes.. $32.00 4. James Stepp $35.00 5. Timothy Papstein $37.00 6. Maurice Kroh $44.00 7. Raymond Willoughby $47.00 SHIVE-HATTERY ENGINEERS AND ARCHITECTS,.,. Page 11 EVIIBIT B THE CITY OF IOWA CITY SEWER PROJECTS IOWA CITY, IOWA 1. SUPERSESSION The -recipient and the contractor agree that this and other j appropriate clauses in 40 CFR 31.36(i) apply to that work eligible for EPA assistance to be performed under this contract and that i ithese clauses supersede any conflicting provisions of this contract. 2. PRIVITY OF CONTRACT j This contract is expected to be'funded in part with funds from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is, or j will be, a party to this contract or any lower tler contract. This contract is subject to the applicable EPA procurement' regulations in effect on the date of the assistance award for this project. 3. C&A'4GES (a) The following clause applies only to contracts for construction. (1) The recipient may at any time, without notice SHIVE-HATTERY ENGINEERS AND ARCHITECTS..... Air - 1 - §31.36(i)(14) Model contract clauses. Recipients must include in each contract the- appropriate clauses; or their equivalent, contained in Appendix B. Recipients may substitute other terms for "recipient" and "contractor" in their contracts. APPENDIX B - PART 31 MODEL CONTRA Cr CLAUSES i Recipients must ensure that, when appropriate, the following clauses, or their equivalent are included in each contract. • 1. SUPERSESSION The'recipient and the contractor agree that this and other j appropriate clauses in 40 CFR 31.36(i) applyto that work eligible for EPA assistance to be performed under this contract and that these clauses supersede any conflicting provisions of this contract. J 2. PRIVITY OF CONTRACT This contract is expected to be'funded in part with funds from the U.S. Environmental Protection Agency. Neither the United ' States nor any of its departments, agencies or employees is, or i will -be, a party to this contract or any lower tier contract. This contract is subject to the applicable EPA procurement regulations in effect on the date of the assistance award for this project. 3. CHANGES (a) The following clause applies only to contracts for construction. (1) The recipient may at any time, without notice OWM to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes: (i) In the specifications (including drawings and designs); In the time, method or manner of performance of the work; I (iii) In the recipient -furnished facilities, equipment, materials, services or site, or -(iv) Directing acceleration. in the performance of the work. (Z) A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the recipient which causes any change, provided the contractor gives the recipient written notice stating the date, circumstances and source of the order and that the contractor regards the order as a change order. (3) Except as provided in this clause, no order, state- ment or conduct of the recipient shall be treated as a change under this clause or entitle the contractor to an equitable adjustment. (4) If any change under this clause causes an increase or decrease in the contractor's cost or the time required to perform any part of the work under this contract, whether or not changed by any order, the recipient shall make an equitable adjustment and modify the contract in writing. Except for claims based on defective specifications, no claim for any change under 7S� - 3 - paragraph '(a) (2) above shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required in paragraph (a)(2). In the case of defective specifi- cations for which the recipient is responsible, the equitable adjustment shall include any increased cost the contractor reasonably incurred in attemptirg to canply -ith those defective specifications. I (5) If the contractor intends to assert a claim for an equitable adjustment under this clause, the contractor must, within 30 days after receipt 'of a written change order under paragraph (a) (1) or the furnishing of a written notice under paragraph (a) (2), submit a written statement to the recipient setting forth the general nature and monetary extent of such claim. The recipient may extend the 30 -day period. The contractor may include the statement of claim in the notice under paragraph (2) of this changes clause. (6) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. (b) The following clause applies only to contracts for services. (1) The recipient may at any time, by written order and without notice to the sureties, make changes within the general scope of this contract in the services or work to be performed. If such changes cause an increase or decrease in the contractor's cost or time required to perform any services under this contract, whether or not changed by any order, the recipient #S/ 4 shall make an equitable adjustment and modify this contract in writing. The contractor must assert any claim for adjustment .under this clause in writing within 30 days from the date it receives the recipient's notification of change, unless the recipient grants additional time before the date of final payment. (2) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. (3) No services for which the contractor will charge an additional compensation shall be furnished without the written authorization of the recipient. (c) The following clause applies only to contracts for supplies. (1) The recipient may at any time, by written order and without'notice to the sureties, change the general scope of this contract in any one or more of the following: (i) Drawings, designs or specifications where the supplies to be furnished are specifically manufactured for the recipient; (ii) Method of shipment or packing; and (iii) Place of delivery. (2) If any change causes an increase or decrease in the cost or the time required to perform any part of the work under this contract, whether or not changed by any such order, the recipient shall make an equitable adjustment in the contract price or delivery schedule, or both, and modify the contract in writing. The contractor must assert any claim for adjustment under this clause within 30 days from the date the contractor #S/ - s - receives the recipient's notification of change. If the recipient decides that the facts justify such action, the recipient may receive and act upon any such claim asserted at any time before final payment under this contract.- Where the cost of property :rade obsolete or excess as a result of a change is included in the contractor's claim for adjustment, the recipient has the , right to prescribe the-manner'of disposition of such property. Nothing in this clause shall excuse the contractor from proceeding with the contract as changed. (3) No claim by the*.contracor for an equitable adjustment shall be allowed if made after final payment under this contract. 4. DIFFERING SITE CONDITIONS The following clause applies only to construction contracts. (a) The contractor shall promptly, and before such conditions are disturbed, notify the recipient in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract. (b) The recipient shall promptly investigate the conditions. If it finds that cgnditions materially differ and will cause an increase or decrease in the contractor's cost or the time required: to perform any part of the work under this contract, whether or not changed as a result of such conditions, the recipient shall make an equitable adjustment and modify the contract in writing. r/ 6 (c) No claim of the contractor under this clause shall be allowed unless the contractor has given the notice required in paragraph (a) of this clause. However, the recipient may extend the time prescribed in paragraph (a). (d) No claim by the contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract. I S. SUSPENSION OF WORK The following clause applies only to construction contracts. (a) The recipient may order the contractor in writing to suspend, delay or interrupt all or any part of the work for such period of time as the recipient may determine to be appropriate for the convenience of the recipient. I (b) If the performance of all or any part of the work is suspended, delayed or interrupted for an unreasonable period of time by an act of the recipient in administration of this 1 contract, or by the. recipient's failure to act within the time I 1 specified in this contract (or if no time is specified, within a i reasinable time), the recipient shall make L adjustment for any i increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay or interruption and modify the contract in writing. However, no adjustment shall be made under this clause for any suspension, delay or interruption to the extent (1)'that performance would have been so suspended, delayed or interrupted by any other cause, including the fault or negligence of the contractor, or (2) for which an equitable adjustment is provided for or excluded TS� - 7 - under any'other provision of this contract. (c) No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the contractor notified the recipient in writing of the act, or failure to act, involved (this.requirement does not apply to a claia resulting from a suspension order), and' (2) unless the amount claimed is asserted in writing as soon.as practicable after the termination of such suspension, delay or interruption, but not later than the date of final payment under the contract. 6. TERMINATION The following clause applies only to contracts over $10,000. (a) This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract ! through no•.fault of the terminating party, provided that no termi- nation may be effected unless the other party is given (1) not less than ten (10) calendar days' written notice (delivered by. j certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating I party prior to termination. (b) This contract may be terminated in whole or in part in writing by the recipient for its convenience, provided that the contractor is given (1) not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. (c) If termination for default is effected by the recipient,/ - 8 - an equitable adjustment in the price provided for in' this contract shall be made, but (1) no amount shall be allowed for anticipated profit ,on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the recipient because of the contractor's default. If termination for'default is effected by the contractor, or if termination i r convenience is effected by the recipient, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the contractor for services rendered and expenses incurred prior to -the termination, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments which had become firm prior to the termination., (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the recipient all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the contractor in performing this contract, whether completed or in process. (e) Upon termination under paragraphs (a) or (b) above, the recipient may take over the work and may award another party a contract to complete the work under this contract. (f) If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the *S/ - 9 - contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the.recipient. In such event, adjustment of the contract price shall be made as provided in paragraph (c) of this clause. . 7. REMEDIES This clause applies only to contracts over $25,000. Unless otherwise provided in this contract, all claims, counter -claims, disputes and other matters in question between the recipient and the contractor arising out of, or relating to, this contract or the breach of it will be decided, if the parties mutually agree, by arbitration, mediation, or other alternative dispute resolution mechanism; or in a court of competent jurisdiction within the State in which the recipient is located. S. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA [NOTE - The following clause applies to (1) any contract negotiated between the recipient and its contractor in excess of $100,000; (2) negotiated contract amendments or change orders in excess of $100,000 affecting the price of a formally advertised, competitively awarded fixed price contract, or (3) any lower tier contract or purchase order in excess of $100,000 under a contract other than a formally advertised competitively awarded, fixed price contract. This clause does not apply to contracts awarded on the basis of effective price competition.] (a) The contractor and subcontractor, where appropriate, assure that the cost and pricing data submitted for evaluation with respect to negotiation of prices for negotiated contracts, lower tier contracts and change orders is based on current, accurate #S1 - lo - and complete data supported by their books and records. If the recipient or EPA determines that any price (including profit) negotiated in connection with this contract, lower tier contract or amendment thereunder was increased by any significant sums because the data provided was incomplete, inaccurate or not current at the time of submission, then such price or cost or profit shall'be reduced accordingly and the recipient shall modify the contract in writing to (reflect such action. (b) Failure to agree on a reduction shall be subject to the remedies clause of this contract. [NOTE - Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with lower tier contracts, the contractor may wish to include a clause in each lower tier contract requiring the lower tier contractor to appropriately indemnify the contractor. It is also expected that any lower tier contractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data submitted by lower tier contractors.] 9. AUDIT; ACCESS TO RECORDS (a) The contractor shall maintain books, records, documents and other evidence directly pertinent to performance on EPA funded work under this contract in accordance with generally accepted accounting principles and practices consistently applied, and the applicable EPA regulations in effect on the date of execution of this contract. The contractor shall also maintain the financial information and data used in the preparation or support of any *S/ cost submission required under applicable regulations for negotiated contracts or change orders and a copy of the cost summary submitted to the recipient. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department. of Labor, the recipient, and [the State] or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. The contractor will provide proper facilities for such access and inspection. (b) If this is a fixed price contract awarded through sealed bidding or otherwise on the basis of effective price competition, the contractor agrees to make paragraphs (a) through (g) of this clause applicable to all negotiated change orders'and contract amendments affecting the contract price. In the case of all other types of prime contracts, the contractor agrees to make paragraphs (a) through (g) applicable to all contract awards in excess of $10,000, at any tier, and to make paragraphs (a) through (g) of this clause applicable to all change orders directly related to project performance. (c) Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). (d) The contractor agrees to disclose all information and, reports resulting from access to records under paragraphs (a) and (b) of this clause to any of the agencies referred to in paragraph (a). #S/ Mr.M (e) Records under paragraphs (a) and (b) above shhll be :maintained by the contractor during performance on EPA assisted work under this contract and for the time periods specified in 40 CFk Part 31. In addition, those records which relate to any controversy arising under an EPA assistance agreement, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained by the contractor for the time periods specified in 40 CFR Part 31. (f) Access to records is not limited to the, required retention periods. The authorized representatives designated in paragraph (a) of this clause shall have access to records at any reasonable time for as long as the records are maintained. (g) This right of access clause applies to financial records pertaining to all contracts (except for fixed price contracts awarded through sealed bidding or otherwise on the basis of effective price competition) and all contract change orders regardless of the type of contract, and all contracts amendments regardless of the type of contract. In addition, this right. of access applies to all records pertaining to all contracts, contract change orders and contract amendments: (1) To the extent the records pertain directly to contract performance; (2) If there is any indication that fraud, gross abuse or corrupt practices may be involved; or (3) If the contract is terminated for default or for convenience. - 13 - 10. COVENANT AGAINST CONTINGENT FEES The contractor assures that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee except,.ng bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For breach or violation of this assurance, the recipient shall have the right to annul this agreement without liability or, at its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 11. GRATUITIES (a) If the recipient finds after a notice and hearing that the contractor or any of the contractor's agents or representa- tives offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of the recipient, the State or EPA in an attempt to secure a contract or favorable treatment in awarding, amending rt making any determinations related to the performance of this contract, the recipient may, by written notice to the contractor, terminate this contract. The recipient may also pursue other rights and remedies that the law or this contract provides. (b) In the event this contract is terminated as provided In paragraph (a), the recipient may pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and as a penalty, in e - 14 addition to any other damages to which it may be entitled by law, be entitled to exemplary damages in an amount (as determined by the recipient) which shall be not less than three' nor more than ten tines the costs the contractor incurs in providing any such gratuities to any such officer or employee. 12. BUY AMERICAN This clause applies only to construction i 40 CFR Part 35, Subparts E and I. In accordance with Section 215 of the Clean Water Act (33 U.S.C. 1251 et. seq.) and 40 CFR 31.36(c)(5), the contractor agrees that preference will be given to domestic construction material by the contractor, subcontractors, materialmen and suppliers in the performance of this contract. 13. RESPONSIBILITY OF THE CONTRACTOR (a) The following clause applies only to contracts for services. (1) The contractor is responsible for the professional quality', technical accuracy, timely completion and coordination of all Designs, drawings, specifications, reports and other services furnished by the contractor under this contract. If the contract involves environmental measurements or data generation, the contractor shall comply with EPA quality assurance requirements in 40 CFR 31.45. The contractor shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in that contractor's designs, drawings, specifications, reports and other services. Vr - is - (2) The contractor shall perform the professional services necessary to accomplish the work specified in this contract in accordance with this contract and applicable EPA requirements in effect on the date of execution of the. assistance agreement for this project. (3) The owner's or EPA's approval of drawings, designs, specifications, reports and incidental work or materials furnished shall not in any way relieve the contractor of responsibility for the technical adequacy of his work. Neither the owner's nor EPA's review, approval, acceptance or payment for any of the services shall be construed as a waiver of any rights under this agreement or of any cause for action arising out of the performance of this contract. (4) The contractor shall be, and shall'remain, liable in accordance with applicable law for all damages to the owner or EPA caused by the contractor's negligent performance of any of the services furnished under this contract, except for errors, omissions or other deficiencies to the extent attributable to the owner, owner -furnished data or any third party. The contractor shall not be responsible for any time delays in the project caused by circumstances beyond the contractor's control. (5) The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this contract or State law and in no way diminish any other rights that the owner may have against the contractor for faulty materials, equipment or work. #S/ 16 = (b) The following clause applies only to contracts for construction. (1) The contractor agrees to perform all Gork under this contract in accordance with this agreement's designs, drawings and specifications. (2) The contractor guarantees for a period of at least one..(1) year from the date of substantial completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that the contractor shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts.; of the system resulting from such defects. The owner shall promptly give notice to the'contractor of observed defects. In the event that the contractor fails Eo make adjustments, repairs, corrections or other work made necessary by such defects, the owner may do so and charge the contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. • I (3) The contractor's obligations under this clause are in addition to the contractor's other express or implied assurances under this contract or State law and in no way diminish any other rights that the owner may have against the contractor for faulty materials, equipment or work. 14. FINAL PAYMENT Upon satisfactory completion of the work performed under this contract, as a condition before final payment under this contract or as a termination settlement under this contract the contractor #65/ _ 17 shall execute and deliver to the owner a release of all claims against the owner arisin91 under, or by virtue of, this contract, except claims which are specifically exempted by the contractor to be set forth therein. Unless otherwise provided%in this contract, by State law or otherwise expressly agieed•to by the .S* parties to this contract, final payment under' this contract or settlement upon termination of this contract stiall-p constitute Q a waiver of the owner's claims against the contractor or its sureties under this contract or -applicable performance and payment bonds.•, 0 AGREEMENT Page 9 4.2.11 All provisions of this�Agree shall be reconciled in a\ccor Engineering and ArchitecOl a 4.2.12 It is further stated that th monies contingent upon or re Contract nor have any of the this Agreement. nt when not specifically defined nce with the highest ideals of the Profession. are no other considerations or ing from the execution of this ve been applied by any party to IN WITNESS WHEREOF,,this parties have hereto execirt authorized representatives, this agreement in dupli dates indicated below: FOR THE CITY: FOR THE ENG Dayor Pro tem DATE: March 21, 1989 DATE: ATTEST: by their duly on the respective J AS j0 FORM .JrLr+ta. SHIVE•HATTERY ENGINEERS LEGAL DEPARTMENT AND ARCHITECTS..... or obtained by the Engineer pursuant to this Agreement, without cost and without restriction or limitation as to the use relative to specific projects covered under this Agreement. The Engineer shall not be liable for use of such documents on other projects. 4.2.7 The City agrees to tender to the Engineer all fees and money in accordance with the schedules attached as Exhibit A. 4.2 8�. Should any section of this Contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable fr m the part invalid. 4.2.9 Records of the Engineer's fi6urly performance pertaining to the project and records of accounts between the City and the Engineer shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient imes. 4.2.10 All fees shall be bi ed and due payable monthly. With each billing the Engide shall list the individual personnel on the job site that mont the hours worked by each person, and the amount due. 4.2.11 All provisions of this�Agree shall be reconciled in a\ccor Engineering and ArchitecOl a 4.2.12 It is further stated that th monies contingent upon or re Contract nor have any of the this Agreement. nt when not specifically defined nce with the highest ideals of the Profession. are no other considerations or ing from the execution of this ve been applied by any party to IN WITNESS WHEREOF,,this parties have hereto execirt authorized representatives, this agreement in dupli dates indicated below: FOR THE CITY: FOR THE ENG Dayor Pro tem DATE: March 21, 1989 DATE: ATTEST: by their duly on the respective J AS j0 FORM .JrLr+ta. SHIVE•HATTERY ENGINEERS LEGAL DEPARTMENT AND ARCHITECTS..... AGREEMENT Page 10 EXHIBIT A THE CITY OF IOWA CITY SEWER PROJECTS CONSTRUCTION OBSERVATION PERSONNEL PROPOSED HOURLY RATE ( 1. Michael Schuckert/$32.00 2.00 2. Ka brine Wittmayer0.00 3. Bruce Hayes 4. James Stepp5.00 5. Timothy Papstein.,7.006. Maurice Krob \4.00 7. Raymond Willoughby �. $47.00 �( I SHIVE•HATTERY ENGINEERS AND ARCHITECTS..... RESOLUTION NO. 89-60 RESOLUTION AMENDING BUDGETED POSITIONS IN THE BROADBAND TELECOMMUNICATIONS DIVISION. WHEREAS, Resolution 88-39, adopted by the City Council on March 8, 1988, establishing an operating budget for FY89 authorizes all permanent positions, and WHEREAS, staff time necessary to assist City departments in the use of video has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT the authorization of personnel in the Broadband Telecommunications Division be amended as follows: ! 1. The deletion of one three-quarter time Production Coordinator position. 2. The addition of one full-time Production Coordination position. It was moved by Larson and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 21st day of Dlarch 1989. 'MAYOR Pro lam'' Ar v d s o Form ATTEST: %l7ir J l� , ) C: CI1YCCLERK Legal Department T_� I� RESOLUTION NO. 89-61 RESOLUTION RECLASSIFYING A POSITION IN THE PURCHASING DIVISION OF THE FINANCE DEPARTMENT. WHEREAS, the City Council has established a classification/compensation plan for AFSCME employees; and WHEREAS, the classification plan of the City of Iowa City was established tand is he levelaintained of job dutieseandct through lresponsiibities performeob don and compensation NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: A position of Senior Clerk/Typist - Purchasing in range 03 of the AFSCME Pay Plan be reclassified to range 06 of the AFSCME Pay Plan. It was moved by Balmer and seconded by Kubby the Resolution be adopter, —a—nf upon rol call there were: AYES: NAYS: ABSENT: g Ambrisco X Balmer X Courtney XHorowitz Kubby Larson K R McDonald i Passed and approved this 21st day of March 1989. ATTEST:K iC CIT LUKK AYOR Pro tem U d s to Form Legal Department ILAq