HomeMy WebLinkAbout1988-08-09 Resolutiono a-0
RESOLUTION NO. 88-170
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his 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 Class "B" Beer Permit or liquor control license,
to wit:
Loyal Order of Moose, Lodge #1096
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i
It was moved by Ambrisco and seconded by Strait
that the Resolution as reeacT�e adopted, and upon rol ca t ere
were:
i
AYES: NAYS: ABSENT:
i
Ambrisco X
Courtney X
Dickson X
Horowitz X
Larson X
McDonald R
X
Strait
Passed and approved this 9th day of August ,
19 88
yor
City Clerk
E
SUMMARY OF RECEIPTS JUNE 30, 1988
460,853.07
40,564.18
42,380.78
965,273.29
372,274.21
665,327.10
1,140,528.57
TOTAL GENERAL 3,687,201.20
185,063.99
9,875.74
TOTAL SPECIAL 194,939.73
GRAND TOTAL 3,882,140.93
RESOLUTION NO. 88-171
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS
OF IMPERIAL COURT INDUSTRIAL PARK, A SUBDIVISION OF
IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner, Iowa City Ready Mix, Inc., has filed with the City
Clerk of Iowa City, Iowa, an application for approval of the preliminary
and final plats of Imperial Court Industrial Park, a subdivision of Iowa
City in Johnson County, Iowa, which is legally described as follows:
Commencing at the Southwest Corner of the Northwest
Quarter of Section 22, Township 79 North, Range 6 West
of the 5th Principal Meridian; Thence N00'20'40"E,
1322.01 feet, a Recorded Bearing along the West Line
of said Northwest Quarter in accordance with the Plat
of Survey Recorded in Plat Book 16, Page 33, of the
Records of the Johnson County Recorder's Office, to
the Northwest Corner of the Southwest Quarter, of said
Northwest Quarter of Section 22; Thence N88'51156"E,
532.54 feet, to the Centerline of former Iowa Highway
No. 218; Thence N88'51156"E, 45.80 feet,to a point on
the Easterly Right -of -Way Line of relocated Primary
Road U.S. No. 218, a Recorded Distance in accordance
with the Warranty Deed and Right -of -Way Plat Recorded
in Deed Book 387, Page 148, of the Records of the
Johnson County Recorder's Office; Thence 505.33124"E,
164.03 feet, along said Easterly Line, to an iron
Right -of -Way Rail and the Point of Beginning; Thence
N88'51156"E, 327.00 feet, to the Westerly Bank of the
Iowa River, as it is now located; Thence 544'16144"E,
along said Westerly Bank, 545.02 feet; Thence
589'23117"W, 697.34 feet, to an iron Right -of -Way Rail
found on said Easterly Right -of -Way Line of relocated
Primary Road U.S. No. 218, at Station 32+30; Thence
NOO'55'00"W, along said Easterly Right -of -Way Line,
217.34 feet, to P.T. Station 30+12.3; Thence
NO2'11'47"W, along said Easterly Right -of -Way Line,
174.00 feet, to an iron Right -of -Way Rail found on
said Easterly Right -of -Way Line, at Station 467+55,
and the Point of Beginning. All in accordance with
said Warranty Deed and Right -of -Way Plat, Recorded in
Book 387, at Page 148, of the Records of the Johnson
County Recorder's Office, and the Highway Right -of -Way
Plans, on file with the Iowa Department of
Transportation. Said tract of land contains 4.615
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 preliminary and final plats of said
subdivision and have recommended approval of same with a waiver of the
sidewalk and cul-de-sac design requirements of Chapter 32 of the Iowa City
Code of Ordinances; and
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WHEREAS, the preliminary and final plats of said subdivision have been
examined by the Planning and Zoning Commission and after due deliberation
the Commission has recommended that they be accepted and approved with a
waiver of the sidewalk and cul-de-sac design requirements; and
WHEREAS, the preliminary and final plats are found to conform with all of
the requirements of the City Ordinances of the City of Iowa City, Iowa,
with the exception of the sidewalk and cul-de-sac design requirements of
Chapter 32 of the Iowa City Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY:
1. That the preliminary and final plats of Imperial Court Industrial
Park, a subdivision of the City of Iowa City, are hereby approved
with a waiver of the sidewalk and cul-de-sac design requirements of
Chapter 32 of the Iowa City Code of Ordinances.
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, 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 preliminary and final plats
after passage and approval by law.
It was moved by Dickson and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 9th day of August 1988.
OR
l Approved as to Form
ATTEST: La YI'.1,1gs
IT CLERK Legal Department
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RESOLUTION NO. 88-172
RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-
RESIDENTIAL DEVELOPMENT PLAN FOR IOWA CITY READY MIX,
INC.
WHEREAS, the owner, Iowa City Ready Mix, Inc., has filed with the City
Clerk of Iowa City, an application for approval of a preliminary Large
Scale Non -Residential Development Plan for Iowa City Ready Mix, Inc.,
which is legally described as follows:
Commencing at the Southwest Corner of the Northwest
Quarter of Section 22, Township 79 North, Range 6 West
of the 5th Principal Meridian; Thence N00.20140"E,
1322.01 feet, a Recorded Bearing along the West Line
of said Northwest Quarter in accordance with the Plat
of Survey Recorded in Plat Book 16, Page 33, of the
Records of the Johnson County Recorder's Office, to
the Northwest Corner of the Southwest Quarter, of said
Northwest Quarter of Section 22; Thence N88'51'56"E,
532.54 feet, to the Centerline of former Iowa Highway
No. 218; Thence N88'51'56"E, 45.80 feet, to a point on
the Easterly Right -of -Way Line of relocated Primary
Road U.S. No. 218, a Recorded Distance in accordance
with the Warranty Deed and Right -of -Way Plat Recorded
in Deed Book 387, Page 148, of the Records of the
Johnson County Recorder's Office, said point being the
Point of Beginning of the tract herein described;
Thence N88'51'56"E, 184.00 feet, to the Westerly Bank
of the Iowa River, as it is now located; Thence
S44°43'06"E, 225.77 feet along said Westerly Bank;
Thence S44'16'44"E, along said Westerly Bank, 173.65
feet; Thence 545'43'16"W, 42.16 feet; Thence
Southwesterly 101.98 feet along a 50.00 foot radius
curve, concave Southeasterly, whose 85.20 foot chord
bears S77'17'25"W; Thence Southwesterly 30.77 feet
along a 25.00 foot radius curve, concave
Northwesterly, whose 28.87 foot chord bears
S54'07'25"W; Thence S89°23'17"W, 68.50 feet; Thence
NOO.36'43"W, 76.00 feet; Thence S89'23'17"W, 237.96
feet to a point on the Easterly Right -of -Nay Line of
South Riverside Drive; Thence NO2'11147"W, 110.31 feet
to an iron Right -of -Way Rail; Thence N05.33124"W,
164.03 feet, along said Easterly Line, to the Point of
Beginning. Said tract of land contains 2.174 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 preliminary Large Scale Non -Residential
Development Plan and have recommended approval of same; and
WHEREAS, the preliminary Large Scale Non -Residential Development Plan has
been examined by the Planning and Zoning Commission and after due
deliberation, the Commission has recommended that it be accepted and
approved; and
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WHEREAS, the preliminary Large Scale Non -Residential Development Plan for
Iowa City Ready Mix, Inc., is found to conform with all of the pertinent
requirements of the ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
I
That the preliminary Large Scale Non -Residential Development Plan of Iowa !
City Ready Mix, Inc., is hereby approved.
It was moved by Strait and seconded by Ambrisco the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson i
X Horowitz
X Larson
X McDonald
X Strait
I
Passed and approved this 9th day of Aueust , 1988.
I
OR
Approved as to Form
ATTEST:yfP j
CIT CLERK LegalDepartment'
A
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Monica Moen
Item: S-8826. Imperial Court Industrial Date: July 21, 1988
Park; Iowa City Ready Mix,
Inc.
GENERAL INFORMATION:
Applicant: Iowa Cit Read M, I
Requested action:
Purpose:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Y y ix, nc.
P.O. Box 247
Iowa City, Iowa 52244
Contact: Earl Yoder
Phone: 338-7515
Approval of preliminary and
final subdivision plats for
Imperial Court Industrial Park
and approval of a preliminary
LSNRD Plan for Iowa City Ready
Mix.
To permit subdivision of a
tract into 11 lots and to allow
relocation of the batch plant
conveyor system and construc-
tion of a material handling
unit and a truck storage and
shop building.
Subdivision: 4.615 acres.
LSNRD: 2.174 acres.
Subdivision: Cementitious
concrete batch plant facility
and undeveloped land; I-1.
LSNRD: Cementitious concrete
batch plant facility; I-1.
Subdivision
North - Cementitious concrete
batch plant; I-1.
East - Iowa River.
South - Industrial; I-1.
West - Airport; P.
LSNRD
North - Sturgis Ferry Park; P.
East - Iowa River.
South - Undeveloped; I-1.
West - Airport; P.
Comprehensive Plan: Industrial.
F
Applicable regulations: Provisions of the Zoning
Ordinance, Stormwater Manage-
ment Ordinance, Subdivision
Regulations, Airport Zoning
Ordinance, Floodplain Regula-
tions, and the River Corridor
Overlay Zone.
Limitation periods: 45 -day: August 15, 1988.
60 -day: August 29, 1988.
(Applicable to final sub-
division plat.)
SPECIAL INFORMATION:
Public utilities: Adequate water service is
j available. Upon reconstruction
of the municipal sewage
treatment system, adequate
sewer service will be available
to serve the proposed sub- j
division. The existing Iowa
City Ready Mix facility is
served by the municipal sewer
system.
Public services: Sanitation service will be
provided by a private hauler.
Police and fire protection are
available.
Transportation: Vehicular access is available
via South Riverside Drive. j
Physical characteristics: The site is relatively flat.
The property drains from the
west to the east toward the
Iowa River.
BACKGROUND:
J
Iowa City Ready Mix, Inc. has submitted an application for approval of the
preliminary and final plats of Imperial Court Industrial Park, a 4.615
acre, 11 lot industrial subdivision proposed east of South Riverside
Drive, south of the existing Ready Mix cementitious concrete batch plant
and north of Moore Business Forms.
The applicant is also requesting approval of a preliminary Large Scale
Non -Residential Development (LSNRD) plan to permit integration of existing
structures on Lots 9, 10 and 11 of the proposed subdivision with the
existing batch plant facility directly north of proposed Lots 9 and 10.
Approval of this plan would also allow a new truck storage and shop
structure to be constructed, would permit a conveyor system which feeds
materials into the batch plant to be relocated on the site, and would
allow existing stockpile areas to be enlarged and improved by constructing
an uncovered, 3 -sided bin around stockpile areas to contain the raw
materials needed to produce concrete. To date, a letter outlining a
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tentative time schedule for implementation of the proposed improvements or
expansions has not been submitted by the applicant.
Provided the final LSNRD plan for this development does not deviate from
the parameters of an approved preliminary plan, the LSNRD regulations
permit administrative approval of the final plan for proposed improvements
and expansions to the existing facility.
ANALYSIS:
The plats for Imperial Court Industrial Park and the LSNRD plan for Iowa
City Ready Mix will be considered separately.
Preliminary and Final Plats: Imperial Court Industrial Park
General Requirements: The final plat for Imperial Court Industrial Park
complies with the provisions of the Subdivision Regulations. The
preliminary plat of this subdivision is in general compliance with these
requirements. The plat notes, however, that no sidewalks are proposed
within this subdivision. While pedestrian traffic within the subdivision
is not anticipated, the small size of the development is not expected to
generate volumes of vehicular traffic that would be detrimental to
pedestrians in the area. The regulation that requires the placement of
sidewalks within subdivisions would, in staff's opinion, generate costs to
the subdivider that would be excessive in comparison to the benefits
derived from that expense. Staff, therefore, suggests that the sidewalk
requirement be waived for this subdivision.
The turnaround portion of the proposed Imperial Court cul-de-sac does not
conform to the design standards for cul-de-sacs as specified in the
Subdivision Regulations. The proposed design, however, is expected to
facilitate truck traffic and other industrial -related traffic to a greater
extent than the local design standards permit. It is staff's recommenda-
tion, then, that the cul-de-sac design requirements for this subdivision
be waived to allow the cul-de-sac turnaround proposed.
The topography of the tract allows stormwater to be collected within a
proposed inlet shown within the Imperial Court cul-de-sac and transported
to the Iowa River. Stormwater detention on the site is, therefore, not
required. The system proposed complies with the Stormwater Management
Ordinance requirements.
Specific Requirements: All development within the proposed subdivision
will be subject to the height and use restrictions of the transitional
zone of the Airport Zoning Ordinance. The eastern portion of the tract
must also comply with the requirements of the River Corridor Overlay Zone.
Building permits for development within this subdivision will be
restricted in accordance with the limitations imposed by these overlay
zones.
No construction plans, to date, have been received. Deficiencies and
discrepancies within the preliminary and final plats are listed at the end
of this report.
Economic Impact: The assessed value of land within the proposed sub-
division is expected to be comparable to the commercial subdivision
immediately south of the CRANDIC Railroad and west of the Iowa River. The
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assessed value of that land is approximately $50,000/acre. The 4.615 acre
Imperial Court Industrial Park has an estimated assessed value, then, of
$230,750. At a current tax levy of $11.69523/$1,000 of assessed valua-
tion, the City would annually generate $2,700 in taxes from this sub-
division. Subdivision of the land will not require a commitment of public
funds or services beyond the services already available to the tract.
LSNRD Plan: Iowa City Ready Mix, Inc.
General Requirements: The proposed LSNRD plan for Iowa City Ready Mix
complies with the dimensional requirements and parking requirements of the
Zoning Ordinance. The plan must be amended, however, to show compliance
with the tree regulations of the Zoning Ordinance.
Alterations to an existing industrial use, not in compliance with the
performance standards of the Zoning Ordinance, may be made provided the
changes conform with the applicable performance standards. Given that the
Ready Mix tract abuts the Iowa River and Sturgis Ferry Park and that
alterations are proposed on the tract, the plan must comply with the
screening and storage provisions of the performance requirements.
Where a lot, occupied by an industrial use abuts a recreational area,
including the Iowa River, screening must be preserved, planted,
constructed and maintained by the owner of the industrial use in
accordance with Section 36-76(j) of the Ordinance. The southeastern
boundary of the Ready Mix property is presently screened from view of the
river by a dense growth of natural vegetation. Although the site is at a
considerably higher elevation than the Iowa River, which aids in shielding
view of the batch plant facility from the river, insufficient vegetation
exists along the northeastern boundary of the property to satisfy the
screening requirements of the Zoning Ordinance. Additional vegetation may
also be needed along the northern boundary of the tract to satisfactorily
shield the batch plant operation from Sturgis Ferry Park.
While the Building Official may, in accordance with Section 36-76(j)(4)b,
waive the screening requirements for the southeastern boundary of the
property since the view of the facility from the river is blocked by a
change in grade and by natural features of the site, the plan should be
amended to show that screening will be provided along the northeastern
border of the property. If sufficient natural features block view of the
batch plant from Sturgis Ferry Park, the Building Official may alsowaive
the
the screening requirements along the tracts northern boundary.
Building Official waives these requirements, the plan should note that
natural vegetation along the southeastern and northern boundaries of the
tract shall be retained and preserved to screen the site from the Iowa
River and addressed this 9issue rin the rattached memorandum dated fJuly 14,m1Commission has
988
The plan should also note that the open storage of materials and equipment
on the site will comply with the storage provisions of Section 36-76(1) of
the performance requirements of the Zoning Ordinance.
Provisions of the Stormwater Management Ordinance are satisfied by means
of proposed improvements to an existing storm sewer system that will
convey stormwater directly to the Iowa River. Detention of stormwater on
the site is, therefore, not required. The plan complies with the provi-
sions of the Stormwater Management Ordinance. Plan deficiencies and
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discrepancies with respect to general requirements are included in the
list at the end of this report.
Specific Requirements: This development is located within the
transitional zone of the Airport Overlay Zone. The Airport Manager has
indicated that proposed improvements on the site do not approach the
height limits imposed by the transitional zone regulations. The transi-
tional zone places no use restrictions on underlying property, with the
exception of prohibitions on sanitary landfills. No landfills are
proposed on the Ready Mix site.
The boundaries of the 100 -year flood are noted on the plan. No construc-
tion is proposed within the area susceptible to flooding by a 100 -year
flood. The plan is in compliance with the provisions of the City's Flood
Plain Management Ordinance.
Portions of the Iowa City Ready Mix tract are subject to the requirements
of the River Corridor Overlay (ORC) Zone regulations. The ORC Zone is a
100 -foot wide overlay zone that parallels either side of the Iowa River
and is intended to protect and preserve the Iowa River as a natural
drainageway, a source of water, and an amenity within the community.
Except for pedestrian and/or bicycle paths, all development is prohibited
within a thirty-foot horizontal setback area measured perpendicular to
either the floodway encroachment line or the riverbank (Section 36-
46(b)(2)). The location of the thirty-foot horizontal setback area
relative to either the floodway encroachment line or the riverbank should
be identified on the LSNRD plan for the proposed development. The
attached copy of the portion of the Iowa River floodplain that includes
the Ready Mix property distinguishes between the floodway encroachment
line and the 100 -year flood boundary line which is, as noted, already
shown on the large scale development plan.
Proposed development along the eastern boundary of the tract may be
inconsistent with the 30 -foot horizontal setback provisions of this
overlay zone. The future parking area and the material handling unit are
proposed improvements that may encroach upon the required 30 -foot setback
from the river. If the existing conveyor system and material stockpiles
were present on the site prior to adoption of the ORC zone regulations in
December, 1983, and if these features presently encroach upon the 30 -foot
horizontal setback area, the proposed improvements may encroach upon the
required setback only if the applicant can show that the extent to which
these improvements intrude upon the setback area is no greater than the
degree to which the existing conveyor system and material stockpiles
infringe upon that setback area. Any expansions to the material handling
unit system would have to comply with the setback provisions of the ORC
zone. (See Riverfront Commission memorandum.)
Information establishing the location of the required 30 -foot horizontal
setback on this tract and the location and scale of the existing material
handling system should be illustrated on the plan.
Consistent with Section 36-46(c) of the Zoning Ordinance which lists site
plan requirements for property located in the ORC Zone, the types and
location of the soils of the site, as well as a soil report containing
information on the suitability of the soils for the type of development
proposed, should be submitted. Information regarding soil types on the
site has been submitted and is being reviewed by staff. In the event
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proposed construction requires that the site be excavated, the location
and amounts of excavated soil stored on the property should be identified
on the LSNRD Plan. An erosion and sedimentation control plan required by
the Subdivision Regulations can also satisfy this ORC Zone requirement.
Economic Impact: The improvements proposed on the Iowa City Ready Mix,
Inc. LSNRD plan are estimated to cost $400,000. The assessed value of the
facility is, therefore, expected to increase by the same amount. At a
current City levy of $11.69523/$1,000 of assessed valuation, the City
would annually generate approximately $4,670 in taxes as a result of the
proposed improvements. In addition, the improvements shown do not require
a commitment of public funds or services beyond the services already
available to the facility.
STAFF RECOMMENDATION:
Staff recommends that consideration of the preliminary and final plats of
Imperial Court Industrial Park be deferred but that, upon resolution of
the deficiencies and discrepancies listed below, the plats be approved
with a waiver of the sidewalk and cul-de-sac design requirements.
Staff also recommends that consideration of the preliminary LSNRD plan for
Iowa City Ready Mix be deferred. Upon resolution of the deficiencies and
discrepancies listed below, staff recommends the plan be approved.
DEFICIENCIES AND DISCREPANCIES:
Preliminary Subdivision Plat:
1. Identify the location of existing utilities such as telephone, gas,
electric and cable television and show any existing services.
2. Note the location of sanitary sewer and water service for Lots 10 and
11 that serve existing uses on those lots.
3. Locate an additional fire hydrant in the vicinity of Lot 3.
4. Show the distance of existing structures on the site relative to the
Imperial Court right-of-way.
5. Amend the typical street cross section to show that the integral roll
over curb will have a height of six inches rather than three inches.
6. Remove the note on the plat that refers to utility easements and
construction plans.
7. Add a note indicating that the size and location of all utilities
shown on the plat are subject to change with submittal of final
construction plans at the time of final platting.
8. Include a legend on the plat.
Final Subdivision Plat:
1. Submit construction plans.
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2. Reconcile the numbers of Lots 10 and 11 of the final plat with the
numbers given to those lots on the preliminary plat and on the Iowa
City Ready Mix LSNRD plan.
LSNRD Plan:
1. Submit a letter outlining a tentative time schedule for development.
2. Identify the location of existing utilities such as telephone, gas,
electric and cable television and note existing services to the site.
3. Note the location of sanitary sewer and water services to the tract.
4. Show a curb cut proposed at the northwest corner of the site.
5. Identify any crushed rock surfaces on the site.
6. With a frontage of 274.34 feet along South Riverside Drive, show
either 9 small trees or 7 large trees placed adjacent to this right-
of-way in compliance with the tree regulation requirements.
7. Show screening along the northeastern border of the property consis-
tent with Section 36-76(j) of the Zoning Ordinance.
8. Obtain a waiver from the Building Official from the screening
requirements along the southeastern and northern boundaries of the
property and indicate on the plan that natural vegetation along the
southeastern and northern boundaries of the tract shall be retained
and preserved to screen the site from the Iowa River and Sturgis
Ferry Park.
9. Note on the plan that open storage of materials and equipment on the
site will comply with the storage provisions of Section 36-76(i) of
ithe Zoning Ordinance.
10. Identify either the floodway encroachment line or the Iowa River
riverbank, as defined, on the plan.
11. Illustrate the location of the 30 -foot horizontal setback from the
floodway encroachment line or the riverbank, as defined, on the plan.
12. Show the location and amounts of any excavated soil to be stored on
the site as a result of construction.
13. Show the distance of an existing structure on the site relative to
the Imperial Court right-of-way, as proposed.
14. Indicate the location of the proposed waste pit and provide assurance
that the pit will be properly maintained to prevent overflow of
concrete waste into the river.
15. Include a legend on the LSNRD plan.
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ATTACHMENTS:
1. Location Map - Imperial Court Industrial Park.
2. Location Map - Iowa City Ready Mix, Inc.
3. Iowa River floodplain map.
4. Memorandum from the Iowa City Riverfront Commission dated July 14,
1988.
ACCOMPANIMENTS:
1. Preliminary Plat for Imperial Court Industrial Park.
2. Final Plat for Imperial Court Industrial Park.
3. Preliminary LSNRD Plan for Iowa City Ready Mix, Inc.
Approved by: , r
D Wal4chmeiser, Director
Department of Planning and
Program Development
LOCATION MAP
S-8826
Imperial Court Industrial Park
NORTH
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LOCATION MAP
S-8826
LARGE SCALE DEVELOPMENT
Iowa City Ready Mix, Inc.
NORTHt
IOWA RIVER FLOOD PLAIN
Floodway i 1,
100 year Flood -Boundary — — — � :. •-: -.:. -'� "� -. .•- •: ,� � � -
-1.i.a
500 -year Flood Boulidar
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III .} Li•
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City of Iowa City
MEMORANDUM
Date: July 14, 1988
To: Planning & Zoning Cission
From: Melody Rockwell,, Associate Planner
Re: Riverfront Commission Review and Recommendation on S-8826,
Imperial Court Industrial Park
On July 6 and 13, 1988, the Riverfront Commission reviewed the proposed
LSNRD and subdivision applications submitted by Iowa City Ready Mix, Inc.
On July 13, the Commission recommended that approval be conditioned on 1)
modifying the location of the materials handling units and the future
parking lot to comply with the 30 -foot setback requirement of the River
Corridor Overlay Zone, 2) providing and maintaining, not waiving, the
required vegetative screening along the riverbank, and 3) indicating the
location of the waste pit and providing assurance that the pit will be
properly maintained to prevent overflow of cement waste into the river.
If you should have any questions concerning this recommendation from the
Riverfront Commission, please feel free to contact me at 356-5251.
bj/pc2
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RESOLUTION NO. 88-173
r
I RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF A
i RESUBDIVISION OF A PORTION OF GOVERNMENT LOT 4, A SUBDIVISION OF
IOWA CITY, JOHNSON COUNTY, IOWA.
WHEREAS, the owner and proprietor, W.A. Gay and Co., Inc., have filed with
the City Clerk of Iowa City, Iowa, an application for approval of the
preliminary and final plats of a Resubdivision of a Portion of Government
Lot 4, a subdivision of Iowa City, Johnson County, Iowa, which is legally
described as follows:
Beginning at a point on the east line of Government Lot 4, of
Section 15, Township 79 North, Range 6 West of the 5th Principal
Meridian, which is 759.00 feet 500021120"E of the Northeast
corner of said Government Lot 4; Thence S00021120"E, along said
east line, 254.60 feet; Thence 589035'09"W, 331.79 feet; Thence
N00031115"W, 254.60 feet, to the Northeast Corner of Lot 15,
Sand Lake Addition to Iowa City, Iowa as recorded in Plat Book
10, at Page 23, of the Records of the Johnson County Recorder's
Office; Thence N00003'39"W, 237.46 feet; Thence N89o56'23"E,
235.18, feet to a point in the centerline of Waterfront Drive
i (formerly known as Sand Road); Thence S22054'36"E, 71.83 feet;
Thence SO4026140"E, along said centerline, 170.06 feet; Thence
N89035109"E, 56.48 feet, to the Point of Beginning. Said tract
of land contains 3.37 acres, more or less.
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the preliminary and final plats of said
subdivision and have recommended approval of same contingent upon vacation
of a portion of Waterfront Drive right-of-way adjacent to the applicant's
lot and waiver of the provision of sidewalks along Waterfront Drive at
this time; and
WHEREAS, the preliminary and final plats of said subdivision have been
examined by the Planning and Zoning Commission and after due deliberation
the Commission has recommended that they be accepted and approved subject
to the contingencies suggested by the staff; and
WHEREAS, the proposed vacation of a portion of Waterfront Drive has been
reviewed and recommended for approval by staff and the Planning and Zoning
Commission; and
WHEREAS, the plats have been prepared in anticipation of the proposed
vacation; and
WHEREAS, assuming the proposed vacation is approved, the preliminary and
final plats are found to conform with all of the requirements of the City
Ordinances of the City of Iowa City, Iowa.
10-0,5
Resolution No. 88-173
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the preliminary and final plats of a Resubdivision of a Portion
of Government Lot 4, a subdivision of the City of Iowa City, Iowa,
are hereby approved contingent upon vacation of a portion of Water-
front Drive adjacent to the applicant's tract and waiver of the
requirement that sidewalk be installed along Waterfront Drive at this
time.
i
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are I
hereby authorized and directed to execute any legal documents
relating to said subdivision and to certify approval of this Resolu-
tion, which shall be affixed to the preliminary and final plats after
passage and approval by law; and the owner/subdivider shall record
the legal documents and the final plat at the office of the County
Recorder of Johnson County, Iowa before the issuance of any building i
permit is authorized. '
It was moved byAmbrisco and seconded by Dickson the
Resolution be adopte , an upon ro call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 9th day of August 1988.
/lstxK�
#OR
Approved as to Form i
ATTEST:
CITY CLERK LegaA Department
I
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Barry Beagle
Item: S-8827. Government Lot 4,
Date: July 21, 1988
Resubdivision
GENERAL INFORMATION:
Applicant:
W.A. Gay & Company, Inc.
1421 Waterfront Drive
Iowa City, Iowa 52240
Phone: 337-2167
Contact Person: Michael Gay
Requested action:
Preliminary and final sub-
division plat approval.
Purpose:
To permit development of a
three -lot commercial subdivi-
sion.
Location:
At the northwest quadrant of
the Stevens Drive/Waterfront
Drive intersection.
Size:
3.37 acres.
Existing land use and zoning:
Commercial/Industrial; CI -1.
Surrounding land use and zoning:
North - Commercial; CC -2 -
South - Commercial; CI -1.
East - Commercial; CC -2 and
CI -1.
West - Commercial; CC -2 and
CI -1.
Comprehensive Plan:
Boundary between General
Commercial and Intensive
Commercial.
Applicable regulations:
Provisions of the Subdivision
Regulations and Stormwater
Management Ordinance.
File date:
June 29, 1988.
Limitation periods:
45 -day: August 15, 1988.
60 -day: August 29, 1988.
SPECIAL INFORMATION:
Public utilities: Adequate municipal sewer and
water services are available.
Public services: Police and fire protection,
/"7as
including sanitation service,
to be provided by the City.
Transportation: Access to the site is available
from Waterfront Drive and
Stevens Drive.
Physical characteristics: The site is relatively flat,
draining generally to the west
toward the Iowa River.
BACKGROUND:
The applicant is seeking preliminary and final plat approval of a 3.37
acre, three (3) lot commercial subdivision known as a Resubdivision of a
Portion of Government Lot 4. Lot 1 is intended to accommodate the present
location of Gay's Locker Company, including a parking area and a storm -
water management holding basin. This 1.808 acre lot is currently the
subject of a rezoning application from CI -1 to CC -2 (See Z-8809). A
substantial portion of Gay's Locker Company building at 1421 Waterfront
Drive was destroyed in a fire on May 10, 1988, and to reconstruct a new
building, they are seeking CC -2 zoning. Lots 2 and 3, which are oriented
onto Stevens Drive, are intended for commercial development and are
presently zoned CI -1.
ANALYSIS:
Both the preliminary and final plats are in general compliance with the
requirements of the Subdivision Regulations and Zoning ordinance. Access
to each of the three (3) lots will be provided by frontage on either
Waterfront Drive or Stevens Drive, existing two-lane paved local streets.
Direct access onto either street is consistent with their function as
local streets. Waterfront Drive currently exists as a 23 -foot paved
section without curb and gutter. Stevens Drive is an urban standard
street consisting of 28 -foot paving back-to-back of curb.
Waterfront Drive and Stevens Drive form a "T-type" intersection at the
southeast corner of the subdivision. Eastbound motorists on Stevens Drive
are required to stop before entering into Waterfront Drive. The
preliminary plat identifies a "Possible Future Intersection Geometry" by
which the existing intersection would be replaced with a curve. It is
anticipated that Southgate Avenue, to the south, will eventually be
extended west to Gilbert Street. Should this occur, the City may have an
interest in eliminating the Waterfront Drive railroad crossing and placing
the burden of pass-through traffic on Southgate Avenue which is currently
designed to accommodate such traffic flow. In addition to the intersec-
tion improvement north of the tracks, Waterfront Drive would be cul-de-
saced south of the tracks to provide local access to properties north of
Southgate Avenue. An easement for future intersection improvements has
been identified on the final plat to provide the additional right-of-way
needed to facilitate the curve at the intersection of Waterfront Drive and
Stevens Drive. In anticipation of this future intersection improvement,
this area for the future intersection improvement should be dedicated with
this subdivision request.
The preliminary plat identifies existing and proposed right-of-way lines
and assumes the vacation of the western eight (8) feet of the Waterfront
/o70s�
Drive right-of-way. Accompanying this request is an application to vacate
this portion of Waterfront Drive, which the applicant claims is needed for
the reconstruction of Gay's Locker Company building (See V-8804). Two (2)
utilities are presently located in the western portion of the Waterfront
Drive right-of-way; a four (4) inch intermediate pressure gas main and an
underground telephone cable. A ten (10) foot front lot line utility
easement has been identified along Waterfront Drive and Stevens Drive for
the purpose of protecting existing and proposed utilities. The final plat
has been drawn to indicate the proposed right-of-way location for
Waterfront Drive. Approval of the preliminary and final plats is
dependent upon the passage of the proposed vacation.
The subdivision does not provide for the installation of sidewalks within
the right-of-way along its frontages with Waterfront Drive and Stevens
Drive. Given existing and projected residential development to the south,
safe and convenient pedestrian access to this commercial area should be
provided. The preliminary plat should reflect the extension of the
sidewalk on the north side of Stevens Drive east to the intersection of
Waterfront Drive. Placement of a sidewalk on Waterfront Drive, however,
would be premature at this time. Associated with the construction of the
new wastewater treatment plant, a sludge force main is to be constructed
along either the east or west side of Waterfront Drive. A sidewalk may
interfere with the future construction of this main. Waterfront Drive
will eventually be improved, in which case the sidewalk should not be
installed until the street grade is established. In addition, installa-
tion of the sidewalk should be delayed until a sidewalk connection to the
south is provided. The staff recommends, therefore, that the provision of
a sidewalk along Waterfront Drive not be required at this time.
In accordance with Section 33-56 of the Iowa City Code of Ordinances,
compliance with the Stormwater Management Ordinance is required. A
stormwater management holding basin and easement has been provided at the
southwest corner of Lot 1. Construction plans and calculations have been
submitted and are currently under review by the Public Works Department.
The existing storm sewer on Stevens Drive is to be extended east to
connect the storm sewer outlet pipe from the stormwater management basin
to this existing line.
The plats identified two (2) small and undevelopable outlots as a part of
the subdivision. Outlot A is a remnant parcel located between Waterfront
Drive and the Crandic Railroad tracks and is mostly covered by an uniden-
tified 25 -foot easement. Outlot B, located along the western boundary of
the subdivision, has been set aside for conveyance to the adjacent lot to
the west. It is covered in part by a ten -foot storm sewer and drainage
easement.
Legal papers have been submitted and are currently under review by staff.
STAFF RECOMMENDATION:
Staff recommends the preliminary and final plats of a Resubdivision of a
Portion of Government Lot 4 be deferred but that upon resolution of the
deficiencies and discrepancies listed below, the plats be approved
contingent upon the vacation of a portion of Waterfront Drive and with a
waiver of the provision of sidewalks along Waterfront Drive at this time.
/aos
4
DEFICIENCIES AND DISCREPANCIES:
1. Indicate water line on Stevens Drive is six (6) inches in diameter.
2. Continue ten -foot utility easement to the north lot line of Lot 1 on
the preliminary plat.
3. Identify location of the underground telephone cable and pedestals on
the preliminary plat.
4. Identify location of the four (4) inch sanitary sewer force main on
the preliminary plat.
5. Identify the legal description of the stormwater management holding
basin easement on both plats.
6. Identify four (4) inch diameter CID force main from lift station to
15 -inch sanitary sewer on Waterfront Drive.
7. Identify area of Outlot A on the preliminary plat.
8. Identify the type and use of the 25 -foot easement extending across
Outlot A.
9. Identify dedication of additional right-of-way for future intersec-
tion improvement as opposed to an easement.
10. Add the following note to the preliminary plat: "The size and
location of all utilities shown on the plat are subject to change
with submittal of final construction plans at the time of final
platting."
11. Identify a typical street section on the preliminary plat, including
sidewalks within the right-of-way along the subdivision's frontage on
Stevens Drive.
12. Draw arrow to point of beginning on final plat.
13. Provide 15 -foot easement width for access to stormwater management
holding basin.
14. Show existing fire hydrant on Stevens Drive between Lots 2 and 3.
ATTACHMENTS:
1. Location Map.
2. Preliminary Plat.
3. Final Plat.
Approved by:
Donal Schmeiser, Director
Department of Planning and
Program Development
9
I
LOCATION MAP
S-8827
�
1
1 P1`i
%fib
„d..i
/4- 06-
9
PIanning & Zoning Commission
July 21, 1988
Page 5
Cook moved to approve the preliminary LSNRD plan for Iowa City Ready
Mix, a 2.174 acre tract of land. Wallace seconded the motion. The
motion carried 6-0.
4. S-8827. Discussion of a request submitted by W. A. Gay & Co., Inc.,
for approval of a 3.37 acre, 3 -lot commercial subdivision known as a
Resubdivision of a Portion of Government Lot 4 (45 -day limitation
period: August 15, 1988).
Beagle reviewed the staff report dated July 21, 1988. Beagle noted
that staff recommended approval of the preliminary and final plats of
a 3 -lot commercial subdivision known as a Resubdivision of a Portion
of Government Lot 4 contingent on the vacation of a portion of
Waterfront right-of-way and the waiver of sidewalks along Waterfront
Drive.
Susan Horowitz, 1129 Kirkwood, stated that the Planning and Zoning
Commission has previously stated a need and concern for installing
sidewalks in this area and asked legal staff whether the installation
of sidewalks could be made at a time definite. Boyle replied that
the developer is waiving his right to object to an assessment at a
future date when it will be appropriate to put sidewalks in this
area, considering that if the sidewalks were put in now, that within
two years they would have to be torn up for the installation of sewer
lines associated with the new water pollution control plant.
/aoS
M
Planning & Zoning Commission
July 21, 1988
Page 6
Wallace moved to approve S-8827, a 3.37 acre, 3 -lot commercial
subdivision subject to the waiving of sidewalk requirements along
Waterfront Drive and the vacation of an 8 -foot portion of Waterfront
Drive. Cooper seconded the motion. Wallace stated that she feels
that the reason set forth in the staff report for the waiving of
sidewalk requirements, while valid for this particular item, should
not represent a City policy of not installing sidewalks. Wallace
continued and said that sidewalks should be a top priority regardless
of the number of pedestrians using a section of sidewalk. Wallace
concluded by saying she will vote in favor of this item, but is very
concerned about the provision of sidewalks in this area. Cook stated
that he feels that this issue is an economic development one and that
the business in question has been and will be providing a contribu-
tion to the local economy and that this aspect is more important than
the value of an eight foot portion of Waterfront Drive. Cook
concluded by saying that he intends to vote in favor of this item.
The motion carried 6-0.
ZONING ITEMS:
CZ -8814. Discussion of a request submitted by David Quade to rezone a
1.69 acre tract located one mile east of Iowa City from A-1 to RS.
Beagle reviewed the staff report dated July 21, 1988. Beagle concluded by
saying staff recommends approval of the proposed approval of CZ -8814.
iaos
9
RESOLUTION NO. 88-174
RESOLUTION SETTING FORTH REASONS FOR THE DENIAL OF REZONING OF
PROPERTY LOCATED AT 1807, 1809, 1813, 1819, 1825 AND 1831 LOWER
MUSCATINE ROAD.
WHEREAS, an application was submitted to rezone property at 1807, 1809,
1813, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8; and
WHEREAS, the Department of Planning and Program Development, in a report
dated May 19, 1988, recommended denial of the application; and
WHEREAS, on June 16, 1988, the Planning and Zoning Commission recommended
approval of the request by a vote of 4-2, having no public input in
opposition to the request; and
WHEREAS, the City Council has examined the report of the Department of
Planning and Program Development and the Planning and Zoning Commission
recommendation and has received public input in opposition to the request
which supports the concerns raised in the staff report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The application to rezone property at 1807, 1809, 1813, 1819, 1825 and
1831 Lower Muscatine Road from RS -5 to RS -8 is disapproved for the
following reasons:
1. Existing uses of the properties as single-family residential are
consistent with the existing RS -5 zone.
2. No evidence was given to suggest that conditions exist which would
prevent the continued use of the homes as single-family residential
dwellings.
3. There is no compelling reason to change the existing zoning.
4. It is reasonable to maintain and preserve existing single family
neighborhoods.
It was moved by Ambrisco and seconded by Dickson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
-� Courtney
-� Dickson
-� Horowitz
-� Larson
-� McDonald
-� Strait
/,;,206
9
Resolution No. 88-174
Page 2
Passed and approved this 9th day of _ August , 1988.
?ORA -4
Approved as to Form
ATTEST:_%�1e..aJ �f. 26;�..) %,- 6Vn
C TY ULERK Legal Department
/ao6
RESOLUTION NO. 88-17S
RESOLUTION EXTENDING THE EXPIRATION DATE FOR THE APPROVED
PRELIMINARY LARGE SCALE NON-RESIDENTIAL DEVELOPMENT (LSNRD)
PLANS FOR LOT 1 AND LOT 6, BDI SECOND ADDITION.
WHEREAS, the City Council approved preliminary LSNRD plans for Lot 1 and
Lot 6, BDI Second Addition on May 20, 1986; and
WHEREAS, the City Council is empowered to extend the expiration dates of
said preliminary LSNRD plans upon written request of the applicant,
pursuant to Chapter 27-39 of the Iowa City Municipal Code; and
WHEREAS, said request has been received by the City; and
WHEREAS, no new regulations pertinent to this development have been
adopted since 1986 and circumstances in the area of the proposed develop-
ment are unchanged.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
iCITY THAT:
The expiration date for approval of the Large Scale Non -Residential
Development plans for Lot 1 and Lot 6 of BDI Second Addition is hereby
extended to May 20, 1989.
It was moved by Dickson and seconded by Larson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
—T' Courtney
—1_ Dickson
—� Horowitz
—� Larson
McDonald
--� Strait
Passed and approved this 9th day of August ,
1988.
i
OR
Approved as to Form
ATTEST: 2h -..JyC • 76a-.
CITY -CLERK Le 1 Department
/a 07
a ___ _
r
SHIVE-HATTERY ENGINEERS
AND ARCHITECTS...,.
Highway 1 & Interstate 80, P.O. Box 1050
Iowa City, Iowa 52244
(319)354-3040
July 29, 1988
Illinois
Iowa
Texas
City of Iowa City
ATTN: Mr. Steve Atkins
City Manager
410 East Washington Street
Iowa City, IA 52240
I
RE: Extension of Approval for Preliminary LSNRD Plans;
Lots 1 and 6 of BDI Second Addition - Iowa City Industrial Park
Dear Mr. Atkins: 1
Preliminary LSNRD plans were approved for Lots 1, 3, and 6 of BDI, Second
Addition, on May 20, 1986. Since that time development of Lot No. 3 has
proceeded. No development has occurred on the other two lots, but a number of
prospects have expressed interest.
In accordance with Section 27-39 of the Iowa City Code, we are hereby I
requesting that the City Council grant an extension of the approval period for
the preliminary plan for the above referenced two lots from 24 months to 36
months (approval expiring May 20, 1989). At such time as either of the lots
are developed, a final LSNRD plan will be submitted in accordance with
applicable City Code requirements.
Business Development Incorporated and Iowa City Area Development personnel feel i
that the current procedure for approval of preliminary LSNRD plans, and i
provisions for accelerated approval of a final LSNRD, have been positive
features in discussions with prospective developers and facility owners. We
appreciate your cooperation, and that of the City Council, on this request for
time extension.
Yours very truly,
SHIVE-HATTERY ENGINEERS
AND ARCHITECTS, inc.
I 0R, (I�
RoberteWitt, P.
For: Business Development, Inc.
RJD:ped
Copy: Pat Cain
Tom Scott
Max Selzer
Pat Grady
Dave Elgin
I CIVIL • MECHANICAL • ELECTRICAL • STRUCTURAL
ARCHITECTURE • GEOTECHNICAL • ENVIRONMENTAL • TRANSPORTATION • INDUSTRIAL
I 7
I _
I
.;. jfth
CITYOFIOWA CITY
August 10, 1988
Chairman Donald Sehr & Members of
the Board of Supervisors .
913 S. Dubuque Street
Iowa City, Iowa 52240
Dear Don and Members of the Board:
Please consider the following comments in regard to a request submitted by
Mr. David Quade to rezone a 1.69 acre tract, located approximately one
mile east of Iowa City, from A-1 to RS. The tract is located in Area 5 of
the Johnson County/Iowa City Fringe Area Policy Agreement. The develop-
ment policy for Area 5 encourages agricultural uses on "prime" agricul-
tural land to be continued.
On July 21, 1988, the Iowa City Planning and Zoning Commission recommended
to approve the proposed rezoning based upon factors that distinguish this
site from other requests to rezone agricultural land in Area 5 for
residential purposes. More specifically, these factors included that the
proposed rezoning would not take agricultural land out of production; the
site has not been used for agricultural purposes for at least 20 years;
the site is located on the one -mile fringe of the eastern corporate limits
of Iowa City in which non-farm development may be permitted; the proposed
rezoning would not conflict with the use of surrounding agricultural land;
and, the tract would not be economically viable for conversion to
agricultural use. The City Council concurred with the recommendation of
the Commission, and on August 9, 1988, recommended that the proposed
rezoning be approved.
I thank you for the opportunity to review this matter, and look forward to
our continued cooperation.
Sincerely,
J n McDonald
ayor
bj/pc2
CIVIC CENTER 0 410 CAST WASHINGTON STRFUT • IOWA CITY, IOWA S::10 0 (119) 1S6•SOaoB
City of Iowa city
MEMORANDUM
Date: July 13, 1988
To: Planning & Zoning Commission
From: Barry Beagle, Associate Planner
Re: CZ -8814. David Quade
David Quade, contract purchaser, has filed application with Johnson County
requesting that a 1.69 acre tract in Area Five of the Iowa City/Johnson
County Fringe Area Policy Agreement be rezoned from A-1, Rural, to RS,
Suburban Residential. The site is located approximately one (1) mile east
of Iowa City at the southeast corner of Local Road (Rochester Avenue) and
a gravel county road. (See Location Map.) The RS Zone permits the
construction of a single-family dwelling on a one (1) acre lot exclusive
of public right-of-way.
This request has been forwarded to Iowa City for review and comment in
accordance with Section II.A.3. of the Fringe Agreement and is to be
evaluated in relation to its consistency with the development policies for
this area. The Area 5 development policy encourages agricultural uses to
be continued on land which is considered "prime" agricultural land. Non-
farm development will be considered for existing zoning within one (1)
mile of the eastern corporate limits of Iowa City and should develop in a
manner consistent with the annexation policy for this area. Under current
policy, annexation may be considered for properties within one (1) mile of
Iowa City's corporate limits at such time city services can be provided.
In 1967, George Donovan acquired the' one (1) acre site from the West
Branch Community School District. Previously, the school district
operated a one -room school house on the site which continues to occupy the
site today. The site is located south of Local Road at the northwest
corner of an approximate 80 -acre agricultural tract owned by the Donovan
family. Mr. Quade requests RS zoning to use the site for his single-
family residence. Excluding the right-of-way, the site is less than the
one (1) acre minimum requirement of the RS zone. Mr. Quade has filed with
the County a one -lot subdivision plat (copy attached) by which 0.69 acres
will be transferred from Donovan's agricultural tract to the site.
Approval of the plat will provide a one (1) acre lot exclusive of right-
of-way that would permit the construction of a single-family residence.
Since the subdivision proposal involves fewer than three (3) lots, Iowa
City will not review and comment on it. Based upon the one -lot
subdivision plat, Mr. Quade requests the entire 1.69 acre tract be rezoned
to, RS.
On the surface, the proposed rezoning is inconsistent with the
agricultural policy for this portion of Area 5. Upon further inspection,
however, circumstances associated with this tract may warrant special
consideration. The site has not been used for agricultural purposes for
in excess of 20 years, if at all. The site does not contain "prime"
agricultural land which is encouraged to be retained by the Fringe
Agreement. Because of the site's small size, existing building, tree
2
cover, and highly erodible soils, it is not attractive economically for
conversion to agricultural land. This corner lot has long been recognized
in the area as a non-agricultural tract, and its conversion to a single-
family use would be appropriate. The site is located at the fringe of the
one (1) mile area of Iowa City's corporate limits in which non-farm
development may be permitted. In staff's view, these factors would
distinguish this site from other requests to rezone agricultural land in
Area 5 for residential purposes.
Other factors were considered in evaluating the appropriateness of this
request. Development of a single-family residence on this long recognized
non-agricultural tract should not conflict with the use of surrounding
agricultural land. Immediately to the west is a four (4) lot residential
subdivision for which this request would be consistent. Development of a
single-family residence will not require construction of a new road since
direct access is available from Local Road or the intersecting gravel
road.
Given the fact that the proposed rezoning would not take agricultural land
out of production; the site has not been used for agricultural purposes
for at least 20 years; the site is located on the fringe of a one (1) mile
area in which non-farm development may be appropriate; and would otherwise
not be considered economically viable for conversion to agricultural use,
staff recommends that the City Council forward a comment to the County
advising that the request to rezone this 1.69 acre site from A-1 to RS be
approved.
Approved by:
onald Schmeiser, Director
Department of Planning and
Program Development
Attachments: 1. Location Map
2. One lot subdivision plat
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I certify that during the month of June, 1900, at the direction of Brad
Zuber, of Hills Bank and Trust Co., a survey was made, undct my
supervision, of the tract of land Platted hereon.
I
Beginning at the Northwest Corner of the Northwest Quarter of section 6,
. Township 79 North, Range 5 West, of the Filth Principal Meridian; Thence
S89.3244311E, (A Recorded Bearing) along the North Linc of said Northwest
Quarter 284.68 feet, to It's Intersection with the Northerly ProjectJon of
the Line of the Existing Fence; Thence SO1.30'5611W, sloop the Lina of the
Existing Pence, and the Southerly Projection thereof, 259.77 feet; Thence
NOB -52-24"W, 285.29 feet, to a Point on the West Line of said Northwest
Quarter; Thence N01 -16'05"E, along said Went Line 256.43 feet, to the Point
of Beginning. Said tract of land contains 1.69 acres, more or less. and In
subject to easements and restrictions of record.
I further certify that the Plat as shown in a correct representation of the
survey and that all corners are marked as Indicated.
Robert D. Mickelson Reg. No. 7036 Oat,
Subscribed to and sworn before me this _day of 19
Notary Public, Sn and for the State of Iowa
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RESOLUTION NO.
RESOLUTION AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED OF A
PORTION OF VACATED STREET RIGHT-OF-WAY ADJACENT TO HORACE MANN
SCHOOL TO WILLIAM AND DORIS PREUCIL.
WHEREAS, the City Council did, by Resolution No. 88-162, adopted on July
26, 1988, evidence its intent and proposal to dispose of certain vacated
street right-of-way located in Iowa City, Johnson County, Iowa, described
as follows:
Commencing at the southwest corner of the south 60 feet of Lot
4, Block 30, O.T., Iowa City, Iowa, thence 80' along the south
line of said Lot 4 to the southeast corner of said Lot 4, thence
south 100', thence west 80', thence north 100' to the place of
beginning; and
WHEREAS, the City Council did authorize publication of notice of its
proposal and intent to dispose of said property, and did set the date and
time for public hearing thereon; and
WHEREAS, following public hearing on said proposal, and being fully
advised as to the merits of said proposal, in consideration of payment of
$7,000 and its costs related to this transaction, the City Council deems
the proposed sale and conveyance of the above-described vacated street
right-of-way to be in the best interest of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the Mayor and the City Clerk be and are hereby authorized, empowered
and directed to execute and deliver a City Deed quit claiming the City's
interest in the above-described vacated street right-of-way to William and
Doris Preucil.
AND BE IT FURTHER RESOLVED:
That the City Deed attached hereto and made a part hereof is hereby
approved as to form and content.
AND BE IT FURTHER RESOLVED:
That the City Attorney be and hereby is authorized, empowered and directed
to deliver the said City Deed upon receipt of the purchase price and
payment of the costs incurred by the City in publishing notice of the
proposal and preparing appropriate documentation for the conveyance.
It was moved by and seconded by the
Resolution be adopted, and upon roll call there were:
/aa9
Resolution No.
Page 2
AYES
NAYS: ABSENT:
Ambrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
Passed and approved this day of 1988.
MAYOR
Approved as to Form
ATTEST: ki5 VIlrr
CITY CLERK Legal Department
CITY DEED
KNOW ALL MEN BY THESE PRESENTS:
That the City of Iowa City, Iowa, a municipal corporation, of the County
of Johnson and the State of Iowa, by Its Mayor and City Clerk, does hereby
release, remise, convey and quit claim unto William and Doris Preucil all
of its rights, title and Interest in and to the following -described
Premises located In the County of Johnson and State of Iowa;
Commencing at the southwest corner of the south 60 feet of Lot
4, Block 30, O.T., Iowa City, Iowa, thence 80' along the south
line of said Lot 4 to the southeast corner of said Lot 4, thence
south 1001, thence west 80', thence north 100' to the place of
beginning; and
This deed is executed and delivered under and by virtue of the authority
vested in the Mayor and City Clerk of Iowa City, Iowa, under the
provisions of Resolution No. 88- duly passed and approved on the
day of August, 1988.
IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused this Instru-
ment to be executed on its behalf by Its Mayor, attested by the City
Clerk, and Its seal to be affixed hereto this day of August,
1988.
CITY OF IOWA CITY, IOWA:
By:
ayor
ATTEST:.
City Clerk
NO TRANSFER TAX DUE - CODE SECTION 428A.2(6)
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this day of August, 1988, before me, the undersigned, a
Notary PubTlCn ane for the State of Iowa, personally appeared John
McDonald and Marian K. Karr, to me personally known, and, who being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively,
of said municipal corporation or:
the within and foregoing Instru-
ment to which this is attached; that the seal affixed thereto is the seal
of said municipal corporation; that said instrument was signed and sealed
on behalf of sold municipal corporation, by authority of Its City Council;
and that the said John McDonald and Marian K. Karr as such officers ack-
nowledged the execution of said Instrument to be the voluntary act and
deed of said municipal corporation, by It and by them voluntarily
executed.
Notary Public in and for said state
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RESOLUTION NO. 88-176
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A CHAPTER 28E
AGREEMENT WITH THE UNIVERSITY OF IOWA, PROVIDING FOR THE
DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A
UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER
STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE
UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF
BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100,
ORIGINAL TOWN ADDITION.
WHEREAS, the City Council of the City of Iowa City has determined that the
City is in need of additional storage capacity for potable water in the
vicinity of its Water Treatment Plant at 330 North Madison Street; and
WHEREAS, the Iowa State Board of Regents has determined that the Univer-
sity of Iowa is in need of a parking garage and chilled water facility to
service its North Campus, which facility is to be located upon University -
owned property and City -owned street right-of-way in and adjacent to a
block of property immediately adjacent to the City's Water Treatment
Plant; and
WHEREAS, City and University staff members did engage in an engineering
study which demonstrated the feasibility of developing a University
parking and chilled water facility and a City water storage facility as a
single, combined use facility on the site proposed by the University; and
WHEREAS, City and University staff members have negotiated and prepared an
Agreement addressing the design, construction, ownership, and operation of
such a facility, the allocation of design and construction costs therefore
between the City and the University, the conveyance of certain temporary
and permanent interests in property from the City to the University, and
the conveyance of certain permanent interests in property from the
University to the City; and
WHEREAS, pursuant to said Agreement, the City will be required to convey
to the University:
1. fee title to a vacated 10' wide strip of Capitol Street adjacent to
the facility;
2. fee title to a 24.5' wide strip of vacated Bloomington Street on the
north side thereof adjacent to the facility;
fee title to a 24.5' wide strip of vacated Bloomington Street on the
south side thereof adjacent to the Chemistry/Botany Building;
fee title to that portion of the East-West alley right-of-way in
Block 100, Original Town Addition, lying East of the west line of
Lots 2 and 3 in said block;
a temporary construction easement in a 20' wide strip of Capitol
Street adjacent to the facility;
a temporary construction easement in the City Water Treatment Plant
drive, located on Lots 6 and 1 in Block 100, Original Town Addition,
lying between the facility and the City Water Treatment Plant;
�2�1
Page 2
7. a 10' wide easement for University utilities in vacated Bloomington
Street, at a location to be approved by the Public Works Director;
8. an easement for a 20' wide fire lane in vacated Bloomington Street,
at a location to be approved by the Public Works Director; and
9. an easement for a fire lane in the City Water Treatment Plant drive,
located on Lots 6 and 7 in Block 100, Original Town Addition, lying
between the facility and the City Water Treatment Plant; and
WHEREAS, this City Council did, pursuant to Resolution No. 88-166 passed
and approved on July 26, 1988, declare its intent to enter into said
Chapter 28E Agreement and to convey the properties and property interests
identified hereinabove; and
WHEREAS, after public hearing thereon pursuant to public notice, this City
Council has determined that it would be in the best interests of the City
of Iowa City to execute and enter into said Agreement.
NOW, THEREFORE, BE AND 1T IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, that the "Chapter 28E Agreement Between The City
of Iowa City and The University of Iowa Providing for the Development,
Use, Occupancy, Management and Operation of a Parking Garage and Chilled
Water Facility and a Water Storage Facility," 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 be, and they are
hereby Chapterauthorized and 28E Agreement forrdirected
ontbehalfute and of the City of IowapCity�,eIowsaid
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It was moved by Strait and seconded by Dickson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
—7— Strait
Passed and approved this 9th day of August 1988.
OR
p r v ja Form
ATTEST:
CIT CLERK Lega Department
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The University of Iowa
Iowa City. Iowa 52242
Vice President for Finance
and University Services
101 Jessup Hall
319/335-3552
May 10, 1989
Terrence Timmins
City Attorney
Civic Center
410 E. Washington Street
Iowa City, IA 52240
171
Re: 28E Agreement concerning the Chilled Water/Parking/
Water Storage Facility
Dear Terry:
I am enclosing a copy of the May 1, 1989 letter from the
Secretary of State indicating that the above -referenced 28E Agreement
has been filed with that office. I am also enclosing a copy of the
agreement stamped "FILED" by Secretary of State on
May 1, 1989.
Enclosures
Ftr
alyMask
ctual Advisor
RECEIVED
MAY 1 1 1989
LEGAL DEPARTMENT
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The University of Iowa
Iowa City. Iowa 52242
Vice President for Finance
and University Services
101 Jessup Hall
319/335-3552
May 10, 1989
Terrence Timmins
City Attorney
Civic Center
410 E. Washington Street
Iowa City, IA 52240
171
Re: 28E Agreement concerning the Chilled Water/Parking/
Water Storage Facility
Dear Terry:
I am enclosing a copy of the May 1, 1989 letter from the
Secretary of State indicating that the above -referenced 28E Agreement
has been filed with that office. I am also enclosing a copy of the
agreement stamped "FILED" by Secretary of State on
May 1, 1989.
Enclosures
Ftr
alyMask
ctual Advisor
RECEIVED
MAY 1 1 1989
LEGAL DEPARTMENT
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STATE. 011 IOtF•t
Des .i03111
May 1, 1989
515-281.-5864
Marietta Brecht
Secretary to Susan L. Mask
Office of Vice -President
101 Jessup Hall
THE UNIVERSITY OF IOWA
Iowa City, Iowa 52292
RE: Agreement between the City of Iowa City and The
University of Iowa Providing for the Development of a
Parking Garage and Chilled Water Facility and a Water
Storage Facility
Dear Ms. Brecht:
We have received the above described agreement(s) which
you submitted to this office for filing, pursuant to the
provisions of Chapter 28E, 1989 Code of Iowa.
You may consider the same filed as of May 1, 1989.
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Elaine -Baxter
Secretary of State
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Enclosures/Two file -stamped copies of Agreement
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SRORRTATZY 01-• ST,kTi
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STATE. 011 IOtF•t
Des .i03111
May 1, 1989
515-281.-5864
Marietta Brecht
Secretary to Susan L. Mask
Office of Vice -President
101 Jessup Hall
THE UNIVERSITY OF IOWA
Iowa City, Iowa 52292
RE: Agreement between the City of Iowa City and The
University of Iowa Providing for the Development of a
Parking Garage and Chilled Water Facility and a Water
Storage Facility
Dear Ms. Brecht:
We have received the above described agreement(s) which
you submitted to this office for filing, pursuant to the
provisions of Chapter 28E, 1989 Code of Iowa.
You may consider the same filed as of May 1, 1989.
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Elaine -Baxter
Secretary of State
EB/k1
Enclosures/Two file -stamped copies of Agreement
CHAPTER 28E AGREEMENT
Between the City of Iowa City
and
The University of Iowa
Providing for the Development, Use, Occupancy,
Management and Operation of a Parking Garage and
Chilled Water Facility and a Water Storage Facility
_ a
Witnesseth:"'
WHEREAS, the Iowa State Board .of. -Regents has determined that the
;
University of Iowa is in need "of "'a parking garage and chilled water
facility to service its North Campus, which facility is to be located -upon
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University -owned property and City -owned street right -of -way -`'Jin and
immediately Water
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of property adjacent to the City_ s
Treaacent tmenttPlantblaock nd
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i WHEREAS, the City Council of the City of Iowa City has determined tha`i the
City is in need of additional storage capacity for potable water in the
vicinity of its Water Treatment Plant at 330 North Madison Street; and
WHEREAS, City and University staff members did engage in an engineering
study which demonstrated the feasibility of developing a University
parking and chilled water facility and a City water storage facility,
which facilities will be constructed by the University under a single
contract or set of contracts on the site proposed by the University; and
WHEREAS, City and University staff members negotiated and prepared this
Agreement addressing the design, construction, ownership, and operation of
such facilities and the allocation of design and construction costs there-
for between the City and the University.
NOW, THEREFORE, the City of Iowa City (hereinafter "the City") and the
State Board of Regents, acting on behalf of the University of Iowa
(hereinafter "the University") do hereby agree as follows:
Part I - Joint Exercise of Powers Under Chapter 28E of the Code of Iowa.
1. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do
hereby agree that the purpose of this Agreement is to jointly
exercise their respective powers to finance, develop, construct, own,
operate and manage a public improvement, to -wit, facilities for the
i parking of vehicles, the generation of chilled water for cooling
buildings, and a nominal one million gallon storage tank for potable
water supply, hereinafter referred to as "the facilities."
2. The Vice President for Finance and University Services of the
University of Iowa or her designee shall be designated as the
administrator for purposes of this Agreement as provided by Section
2BE.6 of the Code of Iowa, and the Vice President or her designee
shall administer the contracts for the design and construction of the
facilities.
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The development and construction of the facilities shall be jointly
financed by the City and the University as provided in Part 11
hereof, and the operation and management of the facility shall be
jointly funded by them as provided in Part III hereof.
4. The facilities shall be constructed and located upon the property
described in Exhibit A hereto which is property owned in part by the
University and in part by the City of Iowa City, that the City -owned
property involved shall be conveyed to the University of Iowa as
provided in Part II hereof, subject to certain rights and interests
reserved and granted to the City„of Iowa City as provided in Part II
hereof. The parties further* 1gree ''that the City's water storage
facility shall be constructed as part of the facilities on that
portion of the property described in Exhibit A.
Part II - Development and Construction of the Facilities.
Contracts for the Design and Construction of the Facilities.
The parties hereby agree that the University will contract for the
design and construction of the facilities. The plans and specifica-
tions incorporating the design of the facilities will be in
substantial conformance with the preliminary conceptual design
prepared by Herbert Lewis Kruse & Blunck Architecture, the
University's project consultant and architect, as set forth in their
feasibility study, dated February 24, 1988, which is incorporated
herein by reference.
City's Review and Approval of Plans and Contribution of its Share of
Design Costs.
The City shall have the right to review and approve that portion of
the plans, specifications, form of contract, and estimate of costs
having to do with the water storage facility, such determination of
approval to be given within fifteen (15) days of submission of same.
If the final design of the water storage facility as reflected in the
plans and specifications is in substantial conformance with the
preliminary conceptual design, or is otherwise acceptable to the
City, and if the estimate of costs for construction of the City's
water storage facility is in substantial conformance with the
preliminary estimate of $550,000 developed in conjunction with the
feasibility study, then in that event the City shall be required to
approve same within ten (10) days from submission thereof to the City
by the University. The estimate of costs shall separately identify
the estimated cost to construct the University's chilled water
facility and parking garage, and the City's water storage facility.
The City shall pay its share of the design costs incurred by the
University. The University shall, from time to time appropriate to
the progress of the project, submit to the City itemized applications
for payment and supporting documents substantiating the expenditure
by the University, and the City shall promptly reimburse the
University the portion of the University's costs which are attri-
butable to the water storage facility. The City's share of costs for
the design, construction bidding and negotiating, preparation of bid
documents, and construction observation by the project consultant and
1211
kl
architect for the water storage facility portion of the facilities
shall not exceed $45,400.00.
3. University's Competitive Bid Process.
The University agrees that, after it has approved the plans and
specifications, form of contract, and estimate of costs pursuant to
Chapter 262 of the Code of Iowa, it will secure a bid or bids for
construction of the facilities. The University shall have sole
responsibility for the competitive bid and contract award process,
which process shall be conducted.,in conformance with Iowa State Board
of Regents rules and procedures governing such matters. After bids
are received and opened, the University shall furnish the City with a
tabulation of all bids received. ;
4. University's Award of Construction Contract - City's Costs.
The parties agree that the University will accept a bid or bids for
construction of the facility and will take appropriate action on the
bid or bids in accordance with the rules and procedures of the Iowa
State Board of Regents. The parties hereby understand that the City
has agreed to a maximum dollar commitment on the construction costs
of $550,000, exclusive of any extra work orders pertaining to the
water storage facilities.
If the dollar value of the work pertaining to the water storage
facility exceeds the City's maximum dollar conmitment,the City may
review the bid and determine whether it desires to proceed with the
construction. If it elects not to proceed with the construction
project, the City may terminate this agreement as set forth in
Section III, subsection 2 and will be liable to the University for
the reasonable costs associated with the redesign and rebidding of
the project to eliminate the water storage facility from the project.
5. City's Obligation to Contrihute its Share of Constructinn Cnctc and
The City agrees that, upon the University's award of a contract or
contracts for construction of the facilities, including the City's
water storage facility, the City shall be obligated to contribute to
the University a sum equal to the bid price of the construction bid
accepted, multiplied by the City's construction cost share percen-
tage, said sum to be paid in payments as provided in Section 6.
The City further agrees that, upon the University's award of a
contract or contracts for construction of the facilities, or for
construction of the parking and chilled water facility only, the City
shall be obligated to convey to the University the following
interests in the following properties:
(a) fee title to the East 10' of the West 20' of Capitol Street from
the South line of Davenport Street to the North line of
Bloomington Street, vacated pursuant to City Ordinance No. 88-
3390 ;
M
4
(b) fee title to the North 24.5' of the vacated portion of
Bloomington Street adjacent to the facility, vacated pursuant to
Ordinance No. 88-3390, lying between the West line of Lot 3,
Block 100, Original Town Addition (East line of City Water Plant
property) and the West line of Capitol Street;
(c) fee title to the South 24.5' of the vacated portion of
Bloomington Street adjacent to the Chemistry/Botany Building,
vacated pursuant to Ordinance No. 88-3390, lying between the
West line of Lot 3, Block 100, Original Town Addition (East line
of City Water Treatment. plant property) and the West line of
Capitol Street;
(d) fee title to that portion of the East-West alley right-of-way in
Block 100, Original Town Addition, lying East of the West line
of Lots 2 and 3 in said block;
(e) a temporary construction easement in the East 20' of the West
40' of Capitol Street, lying immediately East of that portion of
Capitol Street vacated pursuant to Ordinance No. 88-3390, from
the South line of Davenport Street to the North line of
Bloomington Street;
(f) a temporary construction easement in the City Water Treatment
i Plant drive, located on Lots 6 and 7 in Block 100, Original Town
Addition, reserving to the City an unrestricted right of access
thereto;
(g) a 10' wide easement for the installation and maintenance of
University utilities in vacated Bloomington Street, from the
West line of Capitol Street to the West line of Lot 3, Block
100, Original Town Addition;
(h) an easement for a 20' wide fire lane in vacated Bloomington
Street, from the West line of Lot 3, Block 100, Original Town
Addition to a point 140' East thereof;
(i) an easement for a fire lane in the City Water Treatment Plant
drive, located on Lots 6 and 7 in Block 100, Original Town
Addition, lying between the facility and the City Water Treat-
ment Plant, reserving to the City an unrestricted right of
access thereto;
all as per Exhibits B, C, D, and E attached hereto and made a part
hereof.
The parties hereby agree that the location of the easements for the
fire lane and for utilities within the vacated portion of Bloomington
Street shall be subject to the approval of the City Public Works
Director. With respect to the fire lane and utility easement
conveyances in the vacated portion of Bloomington Street, it is
agreed that the exact description of the properties to be conveyed
will be determined at a later date.
With respect to the fire lane easement in vacated Bloomington Street,
the University agrees to construct a fire lane having a driveable
i
5
surface of a width and utilizing materials approved by the Chief of
the Iowa City Fire Department, and agrees to maintain said fire lane
in an accessible condition for Fire Department apparatus. The
University further agrees to surface and/or landscape the remainder
of the vacated Bloomington Street right-of-way, and to maintain same
in an appropriate condition.
The University agrees to convey to the City, concurrently with the
City's conveyances as indicated above, (a) utility easement for two
existing water mains in vacated Davenport Street west of Capitol
Street, (b) a utility easement between the water storage facility and
the City Water Treatmenti' Plant for piping and necessary
appurtenances; and (c) an easement for access to the water storage
facility for operation, maintenance, and repair, all as per Exhibit F
hereto. The University further agrees to take, and to cause its
construction contractor to take, reasonable precaution during the
construction of the facilities to protect and preserve the said water
mains in vacated Davenport Street from disturbance or damage.
6. Calculation of Citv and Universitv Construction Cost Share
The City's construction cost share percentage for the base contract
i
shall be calculated as follows:
i Iowa City's construction cost share percentage = the estimated
cost to construct the City's water storage facility the total
estimated cost to construct the facilities, all as per the
project consultant's estimate approved as provided in Part 11,
paragraphs 2 and 3 above.
The University's construction cost share shall be calculated as
follows:
University's construction cost share percentage = the estimated
cost to construct the Combined Use Facility less [-] the
estimated cost to construct the City's water storage facility
the estimated cost to construct the facilities, all as per the
project consultant's estimate approved as provided in Part 11,
paragraphs 2 and 3 above.
The University shall pay the full amount of each progress payment to
the construction contractor, after review and approval thereof by the
University.
The City's contribution to the cost of construction shall be paid as
follows:
(a) Periodic progress payments: Each payment from the City shall be
due and payable fifteen (15) days after receipt of the
contractor's pay estimate from the University accompanied by a
statement of charges and supporting documents substantiating the
expenditures, as per paragraph 2, here and above. The progress
payments will be based upon a schedule of values submitted by
the contractor. The City will have an opportunity to review and
�?—k
9
comment upon the contractor's schedule of values before it is
approved by the University.
(b) A final payment as per the final accounting pursuant to para-
graph 11 hereinbelow.
(c) Change order payments as per paragraph 8 hereinbelow.
The City's project representative shall process all periodic progress
payments on behalf of the City.
7. City's Project Representative " City's Right of Access to Construc-
The City hereby designates its Public Works Director as its project
representative to act on its behalf during the construction phase for
purposes hereafter specified. The City's project representative, or
his designee, shall be entitled to access to the construction site at
all reasonable times to determine the progress of construction and
its conformance with the plans and specifications, and to make
inspections and tests for said purposes, provided, however, that
nothing herein shall affect the right of the University or relieve
the University of its obligation to administer the construction
contract and to inspect the work as "owner" of the project under the
construction contract, pursuant to paragraph 9 hereof.
8. Change Orders to Construction Contract -
It is agreed by the University and the City that change orders
affecting the construction of the facilities may arise and each party
shall be responsible for paying its share of the increased costs as
determined by the project consultant and architect, Herbert Lewis
Kruse Blunck Architecture.
All change orders to the construction contract, which materially
affect the water storage tank or appurtenant piping or facilities, or
which would increase the overall cost of the project to the City,
shall be submitted to the City for approval or disapproval. The City
shall approve or disapprove all such change orders submitted by the
University in writing within seven (7) working days after their
submission. If the City fails to respond within said seven (7) day
period, the City shall be deemed to have approved the change order.
As to any change order which results in additional cost to the
project, the City shall be required to pay such additional cost if
the change order pertains to the water storage tank or appurtenant
piping or facilities; provided, however, if such change order
pertains to the University's parking garage or chilled water
facility, but is necessary to accommodate the construction of the
City's water storage facility, the City shall be required to pay its
share of the additional cost of such change order. If such change
order pertains only to the University's parking or chilled water
facility, the City shall not be required to contribute to the
additional cost of such change order. Any costs associated with
change orders for the City shall be paid in addition to payments made
110
V1
as per the base contract formula set forth in paragraph 6 herein-
above.
9. City and University Obligations with Respect to Construction.
The City shall obtain all necessary permits to construct and operate
the water storage facility.
The University shall, as "owner" under the construction contract,
administer and manage the construction of the facilities according to
Iowa State Board of Regents -Rules and Procedures. The City shall
have access to all test-data'of construction materials and methods
compiled by the University. The University agrees to make all such
materials available to the City upon request.
The University shall provide to the City after completion of
construction of the facilities copies of "shop drawings" and "as -
built" drawings for the water storage facility and its appurtenant
wiring, piping and equipment and the City shall pay for any costs
associated with the preparation of "as -built" drawings.
The University or its contractor shall effectuate all relocations,
alterations, adjustments or removal of utility facilities, including
power, telephone lines, water mains and hydrants, curb boxes, storm
and sanitary sewers, utility poles, steam lines, gas lines and all
related installations and appurtenances, whether privately or
publicly owned; shall effectuate the removal and replacement of all
parking meters, traffic signs, pavement and sidewalk, and other
facilities which are located within the limits of construction or
which are otherwise affected by the construction of the project; and
shall place and maintain traffic control devices, signing, pavement
markings, barricading, and fencing around the site during
construction.
The City shall pay the University's costs for inspection and admini-
stration of the construction of the water storage facility portion of
the facilities.
The University's costs for construction inspection of the water
storage facility portion of the facilities shall not exceed the
amount of $17,000. The City shall pay that amount to the University
in installments to accompany each periodic progress payment. The
amount of each such payment for cost of inspection shall be in the
same proportion to the above amount as the periodic progress payment
bears to the City's total share of the contracted construction cost
for the project, with the final payment therefor to be computed and
paid as provided in Part II, paragraph 11.
The University's cost for administration of construction of the water
storage facility portion of the facilities shall not exceed the
amount of $3,000. The City shall pay that amount to the University
within 30 days after final acceptance of the facilities by the City
and the University as provided in Part II, paragraph 10.
�Z�1
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10. Inspection and Acceptance of the Facilities.
Upon certification by the contractor that construction has been
completed, City and University representatives shall inspect the
facilities. Said representatives shall jointly prepare the "punch
list" for final contractor action prior to formal acceptance. Upon
determination by said representatives that construction of the
facilities is complete and should be accepted, the University shall
by formal action approve and accept the facilities as complete.
11. University's Finai Accounting
Upon completion of the facilities, the University shall make a final
accounting of all costs which it has incurred under the contract(s)
for the construction of the facilities. Said accounting shall show
(a) the total amount of all progress payments made to the
contractor(s); (b) all periodic progress payments made by the City
and by the University; (c) the total amount of construction inspec-
tion costs paid by the City; and (d) the amount of construction
inspection costs remaining unpaid.
The University shall make a final accounting of all amounts due and
owed by the City and shall submit it to the City.
The City's final payment shall be due and payable within 30 days of
the University's submission of the final accounting to the City.
12. Requirements of Law.
The parties agree that the University shall, at its own cost and
expense, promptly observe and comply with all present and future
laws, ordinances, requirements, orders, directions, rules and
regulations of all governmental authorities having jurisdiction over
it with respect to the design and construction of the facilities.
The parties agree that the City shall, at its own cost and expense,
promptly observe and comply with all present and future laws,
requirements, orders, directions, rules and regulations of all
governmental authorities having jurisdiction over it with respect to
the design and construction of the facilities.
Part III - Use Occupancy Management and Operation of the Facilities.
1. Grant of Right to Use and Occupy.
In consideration of the City's conveyance of property for the
facilities, its contribution to the cost of construction and its
commitment to contribute to the ongoing costs of operation and
maintenance of the facilities as hereafter provided, the University
grants to the City the right to use and occupy the water storage
facility portion of the facilities, as hereafter provided. The
parties agree that the City shall have the exclusive right to use and
occupy the water storage facility for storage of potable water.
�2\\
9
2. Premises and Term.
The University hereby agrees that the City shall, during the term of
this Agreement, have the right to use and occupy the water storage
facility for the purposes hereafter provided. The City's right to
use and occupy the water storage facility shall commence upon
completion of the facilities by the University's contractor, as
provided in Part II, paragraph 10 hereof.
This Agreement and the City's right to use and occupy the premises
shall terminate on Decemb.e�r: 31; 2038, and the City will vacate the
premises; provided, however, if the City desires to extend its use of
the facilities, the City shall give the University 180 days prior
written notice of its interest in continuing use of the water storage
facility, at which time the University and the City will negotiate a
renewal term for the City's continued use of said facility, unless
such renewal will impede or impair the University's use of its
property.
The City shall, upon 180 days prior written notice, have the right to
abandon its use and occupancy of the water storage facility.
3. Possession and Use of Premises.
The parties agree that the University's use of the premises will
consist, initially, of parking for vehicles and the generation of
chilled water for University buildings, that the City will use the
water storage tank portion of the facilities for the storage of
potable water, and that upon completion and acceptance of the
facilities, the University shall be entitled to utilize the top
surface of the water storage facility for University recreational
uses. Upon establishing recreational usage of said top surface, the
University shall assume the care, custody, and control of the top
surface for said recreational purposes.
4. Operation and Maintenance.
The University shall have responsibility for the proper and prudent
operation and maintenance of the parking garage and chilled water
facility, and for the grounds.
The City shall have responsibility for the proper and prudent
operation and maintenance of the water storage facility portion of
the facilities, under all applicable laws, rules, and regulations.
As to structures, appurtenances, and equipment which serve, support,
or protect both the City's water storage facility and the
University's parking garage and/or chilled water facility, the
parties agree to share costs for the maintenance and repair thereof.
Such costs shall be shared in the same proportion with each party's
cost share percentage thereof computed as provided in Part I1,
paragraph 6 above.
I �LO
10
Part IV - General Provisions.
1. Dispute Resolution - Arbitration.
The University and the City agree that any dispute arising between
them in the application or interpretation of this Agreement may be
submitted to arbitration on the request of either the University or
the City. Any request for arbitration from one party to the other
must be in writing. Upon receipt of a request for arbitration, the
parties shall sign and acknowledge a written agreement specifying
which demands are to be, submitted to the arbitrators, and the
arbitration proceeding shall be limited to such demands.
(a) If the parties agree, there may be one arbitrator; otherwise
there ing by ach party
shall
chosen i
bythesettwo arbito this
trators.
If they fail to select a third within fifteen days, then such
arbitrator shall be chosen by the presiding officer of the state
or county bar association nearest to the location of the work
Should the party requesting arbitration fail to name an
arbitrator within ten days of its demand, its right to arbitra-
tion shall lapse. Should the other party fail to choose an
arbitrator within the said ten days, then such presiding officer
shall appoint such arbitrator. Should either party refuse or
tion
neglect to supply the arbitrators
with
rs the torsnyarn eempoweredor obyaboth
demanded in writing,
parties to proceed ex parte.
(b) No one shall be qualified to act as an arbitrator for whom
serving in such a role would create a conflict of interest.
Each arbitrator selected shall be qualified by experience and
knowledge of the work involved in the matter to be submitted to
arbitration.
(c) If there be one arbitrator, the award shall be binding; if
may be
three, the award of any two shall. be binding
impeached only for fraud or mistake. Such award shall be a
condition precedent to any right of legal action.
(d) The arbitrators, if they deem that the case demands it, are
authorized to award to the party whose contention is sustained
such sums as they deem proper for the time, expense and trouble
if the
incident
rtothe
barbitration
damand for delayrbitration was taken
without
le cause,
(e) The costs of arbitration shall be shared equally by the parties.
an
sall
(f) The not award
open the
to objectionrsonshall
accountinofwriting
formitofhthe
proceeding or the award.
2. Declaration of Default and Notice- Remedies Upon Default.
In the event that either party determines that the other has
defaulted in the performance of its obligations hereunder, the
a\\
11
aggrieved party may declare that default has occurred and give notice
thereof to the defaulting party. Notice of default shall be given in
writing, shall specify the nature of the default and the provision of
the Agreement involved, and shall specify what action is required of
the defaulting party to correct the default. The defaulting party
shall have 30 days from the date of its receipt of the notice of
default to correct the default. If at the end of said 30 -day period
the default has not, in the opinion of the aggrieved party, been
corrected, that party may thereupon pursue all lawful remedies,
including termination of this Agreement.
3. Effect of Termination or Abandonment.
In the event that this Agreement is terminated as provided in Part
IV, paragraph 2, or as provided in Part III, paragraph 2, or in the
event the City abandons the water storage facility as provided in
Part III, paragraph 2, then in those events the City's right to use
and occupy the water storage facility shall cease, the City's utility
easement between the water storage facility and the City Water
Treatment Plant, as per Exhibit F, shall extinguish, and the
University shall assume full responsibility for the operation and
maintenance of that property and those facilities.
4. Liability and Insurance.
The University agrees to assume responsibility for property losses
and personal injuries arising out of its use of the facilities which
are incurred by reason of the negligence of the University or its
agents or employees to the full extent permitted by Chapter 25A of
the Code of Iowa, entitled "Tort Claims, and according to the
procedures set forth therein.
The City agrees to assume responsibility for property losses and
personal injuries arising out of its use of the water storage
facility which are incurred by reason of the negligence of the City
or its agents or employees to the full extent permitted by Chapter
613A of the Code of Iowa, entitled "Tort Liability of Governmental
Subdivisions," and according to the procedures set forth therein.
The parties agree that the University shall maintain property
insurance on the chilled water and parking garage facilities, as
appropriate according to University policies and procedures. The
University's property insurance does not and will not cover the
City's water storage facility.
The parties agree that the City shall maintain property insurance on
the water storage facility, as appropriate according to City policies
and procedures. The City's property insurance does not and will not
cover the University's parking garage or chilled water generation
facility.
r -
12
5. Cations
The captions of the various articles of this Agreement are inserted
only as a matter of convenience and for reference and in no way
define, limit, or describe the scope or intent of this Agreement, nor
in any way affect this Agreement.
STATE OF IOWA
SS:
JOHNSON COUNTY
THE CITY OF IOWA CITY, IOWA
hn McDonald, Mayor
AT ST:
By: 24aAZJtiD 4 :Z� A A-)
Marilan K. Karr, City Clerk
On this 9th day of Aueust , 1988 , before me,
Ramona Parrott , a Notary Public in and for the State
of Iowa, personally appeared John McDonald and Marian K. Karr, to me
personally known, and who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, as contained in
No. AR -17A passed (the Resolution adopted) by the City
Councti� �O i{ on the
orb day of ���,• 19 gg_, and that John
McDonald and Marian K. Karr acknowledged the execution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
1 '7aRilar�-iLi I !�
ota)ry Public in and for said County and State
E
13
THE IOWA STATE BOARD OF REGENTS,
acting for and on behalf of
THE UNIVERSITY OF OWA
By: i
Exe utive Secr�ary
ATTEST:
STATE OF IOWA )
) SS:
COUNTY )
(Board of Regents acknowledgement)
�Z�1
Acknowledgement of the Iowa State Board of Regents
State of Iowa ss):
County of Polk )
On this 16th day of FPh any , A.D., 1984, before me,
a Notary Public in and for said county, personally
appeared R. Wayne Richey,,,to me, personally known, who
being by me duly sworn did say that he is Executive
Secretary of the State Board of Regents and who was
authorized to execute the foregoing instrument to which
this acknowledgement is attached by vote of the Board of
Regents at its meeting on September 15 1988 and
acknowledged the execution of said instrument to be his
voluntary act and deed and the voluntary act and deed of
the Iowa State Board of Regents.
140ary Public in and or said County and State
9
Exhibit A
property Designation
1. The facilities are tQ bg constructed on Lots 1, 2, 3,
4 and the East-West alley right-of-way lying east of
the west line of Lots 2 and 3 in Block 100, Original
Town Addition, and the west 10' of Capitol Street from
the south line of Davenport Street to the north line
of Bloomington Street, all property belonging to the
University of Iowa; and the east 10' of the west 20'
of Capitol Street from the south line of Davenport
Street to the north line of Bloomington Street, and
the north 19' of Bloomington Street lying between the
east line of the west 20' of Capitol Street and the
west line of Lot 3, Block 100, Original Town Addition,
to be conveyed to the University under this agreement.
2. The City's water storage facility lies in the
southeast corner of the facility in an area lying
south of a line 67' north of the southeast corner and
east of a line 56' west of the southeast corner on
levels 1, 2, 3 and 4 of the facility.
24
Exhibit B
KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a
municipal corporation, in consideration of $1.00 and other good and
valuable consideration in hand paid do hereby quit Claim unto The
University of Iowa, all our right, title, interest, estate, claim and
demand in the following -described real estate situated in Johnson County,
Iowa, to -wit:
1. The West 20' of Capitol Street from the South line of Davenport
Street to the North linevof:Bloomington Street, vacated pursuant to
City Ordinance No. 88-3390;
2. The North 24.5' of the vacated portion of Bloomington Street adjacent
to the facility, vacated pursuant to Ordinance No. 88-3390, lying
between the West line of Lot 3, Block 100, Original Town Addition
(East line of City Water Plant property) and the West line of Capitol
Street;
3. The South 24.5' of the vacated portion of Bloomington Street adjacent
to the Chemistry/Botany Building, vacated pursuant to Ordinance No.
88-3390, lying between the West line of Lot 3, Block 100, Original
Town Addition (East line of City Water Treatment plant property) and
the West line of Capitol Street;
4. That portion of the East-West alley right-of-way in Block IOD,
Original Town Addition, lying East of the West line of Lots 2 and 3
in said block;
all in Iowa City, Johnson County, Iowa.
Dated this t5ng� day of January, 1989.
GRANTOR
CITY OF IOWA CITY, IOWA
By:
khnZMc—Donald, Mayor
A ST:
I
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this .2S V` day of January, 1989, before me, Kathleen L. Walenta, a
Notary Pub is in and for the State of Iowa, personally appeared John
McDonald and Marian K. Karr, to me personally known, and, who being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of Iowa City, Iowa; and that the instrument was signed and
sealed on behalf of the corporation, by a&,,.irity of its City Council, as
contained in Resolution No. 88-176 adotped by the City Council of Iowa
City on the 9th day of August, 1988, and that John McDonald and Marian K.
Karr acknowledged the execution of the instrument to be their voluntary
act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
tart' Public in and for said County and State
EXHIBIT C COPY
TEMPORARY CONSTRUCTION EASEMENT
WITNESSETH:
WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have
entered into a Chapter 2BE Agreement providing for the joint development,
use, occupancy, management, and operation of a University parking garage
and chilled water facility and a City water storage facility on a site in
the East half of Block 100, Original Town Addition in Iowa City, Johnson
County, Iowa; and
WHEREAS, the City is required pursuant to said Agreement to convey
temporary construction easements to the University to accommodate the
University's construction of said facilities.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby
acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby
grant and convey unto the University of Iowa, as Grantee, an easement and
right of entry and encroachment, for purposes of constructing the
facilities described in the preamble hereof, over the following described
real estate:
1. The East 20' of the West 40' of Capitol Street, lying immediately
East of that portion of Capitol Street vacated pursuant to Ordinance
No. 88-3390, from the South line of Davenport Street to the North
line of Bloomington Street; and
2. The City Water Treatment Plant drive, located on the east 17' of Lots
6 and 7 in Block 100, Original Town Addition, reserving to the City
an unrestricted right of access thereto; all of said property located
in Iowa City, Johnson County, Iowa.
This grant conveys to the University of Iowa, its agents, employees, and
contractors employed for the construction of said facilities, the right to
enter and encroach upon the real estate described during the term of the
easement for the purpose of constructing and installing the improvements
or structures related to the facilities, and may include storage of
equipment or materials on said real estate.
The .temporary construction easement in and to the Water Treatment Plant
drive hereinabove granted is subject to the City's continued right -of -
access to the entire drive for purposes of operating its water treatment
plant, and includes unrestricted access by City suppliers. Equipment or
materials shall not be stored in said drive so as to interfere with such
access.
The term of the temporary construction easement will be for the period of
time required by the Grantee to complete the construction of the facili�
ties, but in no event shall the duration of the temporary easement extend
beyond 30 days after the acceptance of said facilities by the University
or Board of Regents.
z
d,.
Dated this S day of _ 19
GRANTOR CITY OF IOWA CITY, IOWA
By?ohn ald, Mayor
ATTEST:
By: / z:tr� , ri� 7( M
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of January, 1989, before me, Kathleen L. Walenta, a
Notary Pu is in and for the State of Iowa, personally appeared John
McDonald and Marian K. Karr, to me personally known, and, who, being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of Iowa City, Iowa; and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as
contained in Resolution No. 88-176 adopted by the City Council of Iowa
City on the 9th day of August, 1988, and that John McDonald and Marian K.
Karr acknowledged the execution of the instrument to be their voluntary
act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
tary Public in and for said county and State
■
u
EXHIBIT D
PyDEED AND CONVEYANCE OF UTILITY EASEMENT'{ WITNESSETH:
WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have
entered into a Chapter 28E Agreement providing for the joint development,
use, occupancy, management, and operation of a University parking garage
and chilled water facility and a City water storage facility on a site in
the East half of Block 100, Original Town Addition in Iowa City, Johnson
County, Iowa; and
WHEREAS, the City is required .pursuant to said Agreement to convey a
utility easement to the University to accommodate the University's
construction of said facilities.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby
acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby
grant and convey unto the University of Iowa, as Grantee, an easement
described as follows:
A 10' wide easement for the installation and
maintenance of University utilities on vacated
Bloomington Street, from the West line of Capitol
Street to the West line of Lot 3, Block 100, Original
Town Addition, said easement to be centered on a line
described as follows: An East-West line running
parallel to and located 29.5' South of the North line
of vacated Bloomington Street from the West line of
Capitol Street to the West line of Lot 3, Block 100
Original Town Addition.
d+
Dated this a�S day of � 1979.
GRANTOR
CITY OF IOWA CITY, IOWA
By. i/ice
i
ohn McDonald, Mayor
ATTEST:
By: //%ern n[% j�/ 7ld442
Marian K. Karr, City Clerk
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
oh
On is v?s dof 19_�Lz, before me,
a Notary Pudic in and for the State of
I�bwa, personally appeared John McDonald and Marian K. Karr, to me
personally known, and, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as contained in Resolution
No. 88-176 passed and adopted by the City Council of Iowa City, on the 9th
day of August, 1988, and that John McDonald and Marian K. Karr
acknowledged the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
otary Public in and for said County and State
I
a
E%HIBIT E O Ir=e U
FIRE LANE EASEMENT UUU
WITNESSETH:
WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have
entered into a Chapter 28E Agreement providing for the joint development,
use, occupancy, management, and operation of a University parking garage
and chilled water facility and a City water storage facility on a site in
the East half of Block 100, Original, Town Addition in Iowa City, Johnson
County, Iowa; and , • ••
WHEREAS, the City is required pursuant to said Agreement to convey fire
lane easements to the University to accommodate the University's use of
said facilities.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby
acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby
grant and convey unto the University of Iowa, as Grantee, easements for
fire lanes to serve University buildings, as follows:
1. A 20' wide fire lane in vacated Bloomington Street, from the west
line of Lot 3, Block 100, Original Town Addition to a point 140' East
thereof, said easement to be centered upon a line described as
follows: An East-West line running parallel to and located 34.5'
North of the South line of vacated Bloomington Street, from the West
line of Lot 3, Block 100, Original Town Addition to a point 140'
East.
2. A fire lane in the City Water Treatment Plant drive, located on Lots
6 and 7 in Block 100, Original Town Addition, lying between the
facility and the City Water Treatment Plant, reserving to the City an
unrestricted right of access thereto;
The fire lane easement in and to the Water Treatment Plant drive
hereinabove granted is subject to the City's continued right -of -access to
the entire drive for purposes of operating its water treatment plant, and
includes unrestricted access by City suppliers.
Citi
Dated this day of 19_L•
GRANTOR
CITY OF IOWA CITY, IIOWA
By: Cui zOW
n McDonald, Mayor
ATTE T:
By: ��i. ��r�) -A . 7� A-/
Marin K. Karr, City Clerk
t
EXHIBIT F
DEED OF CONVEYANCE OF UTILITY EASEMENTS
WITNESSETH:
WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have
entered into a Chapter 28E Agreement providing for the joint development,
use, occupancy, management, and operation of a University parking garage
and chilled water facility and a City water storage facility on a site in
the East half of Block 100,;Original• Town Addition in Iowa City, Johnson
County, Iowa; and
WHEREAS, the University is required pursuant to said Agreement to convey
easements to the City to accommodate the City's construction of said
facilities.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby
acknowledged, the University of Iowa, Grantor herein, does hereby grant
and convey unto the City of Iowa City, Iowa, as Grantee, utility easements
upon and over the following described real estate:
1. A 20' wide easement for two existing water mains in vacated
Bloomington Street between the West line of Capitol Street and 160'
East of the East line of Madison Street, centered on a line described
as follows:
An East-West line running parallel to and located 30' North of the
South line of vacated Davenport Street between the West line of
Capitol Street and 160' East of the East line of Madison Street.
2. A 6' wide easement for water piping and appurtenances between the
City Water Treatment Plant and the City water storage tank, said
easement to be centered upon a line described as follows:
An East-West line located 712" North of grid line 12 of the facility
lying between the West wall of the Water Storage Facility (as
described in Exhibit A, Paragraph 2) and the East line of the City
water treatment drive.
I3. An easement upon Lots 3 and 4, Block 100, Original Town Addition, for
access to the City water storage facility and appurtenant piping and
facilities located thereon, for purpose of operating, monitoring,
maintaining, and repairing the said water storage facility and its
appurtenances;
all located in Iowa City, J hnson County, Iowa.
Dated this T day of 19
GRANTOR j
T7URSITY OF IOWABy:� By:
Wayne Rie'ey z Golda Beals, Secretary
Executive Secretary Executive Council of Iowa
Iowa State Board of Regents
ATTEST: J/�%��jj��
B : "O'�-C.uC�(LLC1 By:
au J
y
I
9
Acknowledgement of the Iowa State Board of Regents
STATE OF IOWA )
) SS:
COUNTY OF POLK )
On this 16th day of February A.O., 1989, before
me, a Notary Public in and for said county, personally appeared R. Wayne
Richey, to me personally known, who being by me duly sworn did say that he
is Executive Secretary of the State Board of Regents and who was
authorized to execute the foregoing instrument to which this
acknowledgement is attached by.vote of the Board of Regents at its meeting
on September 15 , 1989, and acknowledged the execution of said
instrument to be his voluntary act and deed and the voluntary act and deed
of the Iowa State Board of Re �nts.
i
Not/ry Public in'and fop said County and State
Acknowledgement of the Executive Council
STATE OF IOWA
COUNTY OF ) SS:
On this �_ day of _ 1989, before me, a
Notary Public, personally appearbd Golda Beals, Secretary of the Executive
Council of Iowa, to me personally known and who by me duly sworn did say
that she is the Secretary of the Executive Council, and who is authorized
to execute the foregoing instrument to which this acknowledgement is
at c y vote f. the Executive Council of Iowa at its meeting on
1989, and who acknowled d the executioR, of said
instrument to her voluntary a and deed and a of ary act pfd' deed, o
the Executive Council.
Notary'Public in and for said County and State
• KAROL L LARSEN
t i YY M1 L 0S NF3.
1111..__.:
EXHIBIT F
ITEM I
a
a
�- --�
o I
-, - - .
CAPVTOL
2�
�.. m
UTILI7Y
�OFEASEMENT-EMAIBITF-ITEM 1
30-0.
i n
J - W -Not—NORTH
I X
0
Z
w Z
QW
J >
= Q
0
I
I
i
i
I
�I
i
IJiADISON
12.11
.=\n13i7 F
ITEM 2
11 (12J
2s' -o" 1
15'-l'Iz'
CITY WATER STORAC-4E FACILITY
EXHIBIT A -PAGE 2
m
(-NORTH
tOF EASE MEN? —
ECHI131T F
ITEM 2 i
I�
_o
LO
N01hNIWo0�9
10
('J3.LV)VA)ldOdWPAK7
ADDENDUM NO. 1
to
CHAPTER 28E AGREEMENT
Between the City of Iowa City
and
The University of Iowa
Providing for the Development, Use, Occupancy,
Management and Operation of..a Parking Garage and
Chilled Water Facility and a Water Storage Facility.
Witnesseth:
WHEREAS, the City of Iowa City and the University of Iowa,
by and through the State Board of Regents, have heretofore
entered into a Chapter 2SE agreement (hereinafter
"Agreement") providing for the development, use,
occupancy, management and operation of a University
parking garage and chilled water facility and a City water
storage facility; and
WHEREAS, the State Board of Regents has received bids
for the construction of the combined facility; and
WHEREAS, the Agreement refers to costs of construction
based on the architect's estimated costs prior to bid; and
WHEREAS, the University's and the City's actual
construction costs have now been determined; and
WHEREAS, the City's construction costs, as reflected
in the proposed contract awards, will exceed the
architect's estimated costs; and
WHEREAS, the parties hereby agree to a revision in
their share of the construction costs, thereby requiring a
modification to the Agreement as set forth below.
NOW, THEREFORE, the City and the University agree as
follows:
1. In Part II, section 6 - Calculation of City and
Universior
ty Construction Cost Share Percentages - Payment
Schedule fCity's Share of Construction Costs, the first
and second paragraphs are hereby deleted and the following
paragraphs are substituted in lieu thereof:
The City's construction cost share for the base
contracts (construction and shoring) shall be as follows:
2
Based on the proposed contract awards, the City's
share of construction costs is $571,000, exclusive of
any extra work orders pertaining to the water storage
facility.
The University's construction cost share for the
base contracts (construction and shoring) shall be as
follows:
The University's construction cost share for the base
contracts shall be the remaining construction costs
based on the proposed contract awards.
2. The last sentence of Part II, section 8, Change
..r ..yr.q - ....
following two sentences are substituted in lieu thereof:
Any costs associated with change orders for the City
shall be paid in addition to payments made as per the
base contracts as set forth in paragraph 6
hereinabove. The City has committed $28,500 for the
payment of change orders.
IN WITNESS WHEREOF, the undersigned have caused this
Addendum No. 1 to be executed as of the _ day of
1988.
THE TY F IOWA CITY, IOWA
By:
ohn McDonald, Mayor
Attest
By:_L JG(
Marian K. Karr, City Clerk
STATE OF REGENTS
By: 70
W y e4Wey
Executive S,6cretary
Attest: Win/ A
By:
l
3
STATE OF IOWA
) SS:
JOHNSON COUNTY )
On this 9Rth day of CPntpmbpr 19 88 before me,
n pii , a Notary Public in and for the State
of Iowa, personally appeared John McDonald and Marian K. Karr, to me
personally known, and who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, as contained in
COrAi+nenoeJ (Resolution) No. 88-201 passed (the Resolution adopted)
by the City Council, under Roll Call No. _____ of the City Council
on the 20th day of September19 88 , and that John
McDonald and Marian K. Karr acknowledged the execution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
STATE OF IOWA
COUNTY
L
Notary Public in and for said County and State
SS:
THE IOWA STATE BOARD OF REGENTS
acting for and on behalf of
THE UNIVERSITY OF IOWA /
By: /1� ✓Lc/!�
Execut' e Secretary
7
ATTEST:
By:
(Board of Regents acknowledgement)
211
a
Acknowledgement of the Iowa State Board of Regents
State of Iowa ss):
county of Polk 1
On this 16th day of Fahr a
a Notary Public in and for sai A.D., 1988, before me,
d county, Personallyknown, who
appeared R. Wayne Richey, to me personally
being by me duly sworn did say that he is Executive
Secretary of the state Board of Regents and who was
authorized to execute the.foregoing instrument to which
this acknowledgement is`attached by vote of the Booard1 1988aof
Regents at its meeting on Cp�taa
acknowledged the execution of sal instrument to be his
voluntary act and deed and the voluntary act and deed of
the Iowa State Board of Regents.
-7 !' ' `d2
Np'tary Public in and^y'Fo'rsaid County and State
W
CHAPTER 28E AGREEMENT
Between the City of Iowa City
and
The University of Iowa
Providing for the Development, Use, Occupancy,
Management and Operation of a Parking Garage and
Chilled Water Facility and a Water Storage Facility
Witnesseth:
WHEREAS, the Iowa State Board of Regents has det�pfmined that the
University of Iowa is in need of a parking garage and chilled water
facility to service its North Campus,which facility ' to be located upon
University-owne property and City -owned street right-of-way in and
adjacent to a bl ck of property immediately adja ent to the City's Water
Treatment Plant; aid
WHEREAS, the City Cou cil of the City of Iowa ity has determined that the
City is in need of a itional storage cap city for potable water in the
vicinity of its Water Tr atment Plant at 3 North Madison Street; and
WHEREAS, City and Universi staff mem rs did engage in an engineering
study which demonstrated he feasi ility of developing a University
parking and chilled water fac lity d a City water storage facility,
which facilities will be co str cted by the University under a single
contract or set of contracts on site proposed by the University; and
WHEREAS, City and University s aff embers negotiated and prepared this
Agreement addressing the desi , con ruction, ownership, and operation of
' such facilities and the allo tion of sign and construction costs there-
for between the City and th University.
NOW, THEREFORE, the City of Iowa City ( reinafter "the City") and the
State Board of Regents acting on behal of the University of Iowa
(hereinafter "the Univ sity") do her ogre as follows:
1. Pursuant to hapter 28E of the 1987 Code o�Iowa, the parties do
hereby agree that the purpose of this Agreement is to jointly
exercise th it respective powers to finance, develop, construct, own,
operate an manage a public improvement, to -wit, facilities for the
parking f vehicles, the generation of chilled water for cooling
building , and a nominal one million gallon storage tank for potable
water s pply, hereinafter referred to as "the facilities."
2. The ice President for Finance and University Services of the
Univ rsity of Iowa or her designee shall be designated as the
administrator for purposes of this Agreement as provided by Section
28E.6 of the Code of Iowa, and the Vice President or her designee
shall administer the contracts for the design and construction of the
facilities.
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The development and construction of the facilities shall be jointly
financed by the City and the University as provided in Part II
hereof, and the operation and management of the facility shall be
jointly funded by them as provided in Part III hereof.
4. The facilities shall be constructed and located upon the property
described in Exhibit A hereto which is property owned in part by the
University and in part by the City of Iowa City, that the City -owned
property involved shall be conveyed to the University of Iowa as
provided in Part II hereof, subject to certain rights and interests
reserved and granted to the City of Iowa City as provided in Part II
hereof. The` arties further agree that the City's water storage
facility sha be constructed as part of the facilities on that
portion of the roperty described in Exhibit A.
The parties hereby agree that the Upiversity will contract for the
design and construction of the facilities. The plans and specifica-
tions incorporating the design ,of the facilities will be in
substantial conformance with �he preliminary conceptual design
prepared by Herbert Lewis Kruse & Blunck Architecture, the
University's project consultan and architect, as set forth in their
feasibility study, dated Feb ru ry 24, 1988, which is incorporated
herein by reference.
2. City's Review and Approval/of Plans and Contribution of
The City shall have the fight to review and approve that portion of
the plans, specificati ns, form of contract, and estimate of costs
having to do with the Aater storage facility, such determination of
approval to be given within fifteen (15) days of submission of same.
If the final design
plans and specifi
preliminary co
City, and if
water storage
preliminary es
feasibility st
approve same w
by the Univer
the estimate
facility and p
the
f the water storage facility as reflected in the
ations is in substantial conformance with the
al design, or is otherwise acceptable to the
estimate of costs for construction of the City's
ility is in substantial conformance with the
e of $550,000 developed in conjunction with the
then in that event the City shall be required to
ten (10) days from submission thereof to the City
ty. The estimate of costs shall separately identify
cost to construct the University's chilled water
rking garage, and the City's water storage facility.
The City OalI pay its share of the design costs incurred by the
University The University shall, from time to time appropriate to
the progr s of the project, submit to the City itemized applications
for payme t and supporting documents substantiating the expenditure
by the University, and the City shall promptly reimburse the
University the portion of the University's costs which are attri-
butable to the water storage facility. The City's share of costs for
the design, construction bidding and negotiating, preparation of bid
documents, and construction observation by the project consultant and
architect for the water storage facility portion of the facilities
shall not exceed $45,400.00.
3. University's Competitive Bid Process.
The University agrees that, after it has approved the plans and
specifications, form of contract, and estimate of costs pursuant to
Chapter 262 of the Code of Iowa, it will secure a bid or bids for
construction of the facilities. The University shall have sole
im
onsibi'7�'ty for the competitive bid and contract award process,
ch proce shall be conducted in conformance with Iowa State Board
Regents r les and procedures governing such matters. After bids
received a d opened, the University shallfurnish the City with a
ulation of a 1 bids received.
4. versit 's Awa of Construction Contract:= Cit 's Costs.
parties agree that the University will accept a bid or bids for
struction of the facility and will take appropriate action on the
or bids in ac rdance with the rules and procedures of the Iowa
te Board of Regen . The parties hereby understand that the City
agreed to a max um dollar commitment on the construction costs
$550,000, exclusiv of any extra work orders pertaining to the
er storage facilitie /
the dollar value o the rtrk pertaining to the water storage
ility exceeds the City majimum dollar commitment,the City may
iew the bid and determi a whether it desires to proceed with the
struction. If it elects o't to proceed with the construction
ject, the City may ter 'nate this agreement as set forth in
tion III, subsection 2 and' 'll be liable to the University for
reasonable costs associate with the redesign and rebidding of
e project to eliminate the wat storage facility from the project.
5. City's Obligation to Contribute it Share of Construction Costs and
to Convey Property and Easement to the University University s
The City agreesthat, upon the Univer ity's award of a contract or
contracts for construction of the fac lities, including the City's
water storage facility' the City shall b obligated to contribute to
the University a sum jequal to the bid p ice of the construction bid
accepted, multiplied /by the City's const uction cost share percen-
tage, said sum to be paid in payments as pr\fa
Section 6.
The City ,further agrees that, upon thsity's award of a
contract or contracts for construction ocilities, or for
construction of the parking and chilled waty only, the City
shall be obligate to convey to the y the fallowing
interestslin the f llowing properties:
(a) fee title to fhe East 10' of the West 20' of Capitol Street from
the South 1 n of Davenport Street to the North line of
Bloomington Street, vacated pursuant to City Ordinance No. 88-
4
(b) fee title to the North 24.5' of the vacated portion of
Bloomington Street adjacent to the facility, vacated pursuant to
Ordinance No. 88- , lying between the West line of Lot 3,
Block 100, Original Town Addition (East line of City Water Plant
property) and the West line of Capitol Street;
(c) fee title to the South 24.5' of the vacated portion of
Bloomington Street adjacent to the Chemistry/Botany Building,
vacated pursuant to Ordinance No. 8B- lying between the
West line of Lot 3, Block 100, Original Town Addition (East line
of City Water Treatment plant property) nd the West line of
Capitol Street;
(d) fee 'tle to that portion of the East -W st alley right-of-way in
Block 0, Original Town Addition, lyi g East of the West line
of Lots and 3 in said block;
(e) a temporar construction easement in the East 20' of the West
40' of Capit Street, lying imme ate East of that portion of
Capitol Stree vacated pursua to Ordinance No. 88- ,
from the South 1 e of Davenpo Street to the North line of
Bloomington Street,
(f) a temporary construc 'on ea ement in the City Water Treatment
Plant drive, located on of 6 and 7 in Block 100, Original Town
Addition, reserving to t City an unrestricted right of access
thereto;
(g) a 10' wide easement for the installation and maintenance of
University utilities n vac ed Bloomington Street, from the
West line of Capitol treet to the West line of Lot 3, Black
100, Original Town Ad ition;
(h) an easement for 20' wide fir lane in vacated Bloomington
Street, from the We t line of Lot 3, Block 100, Original Town
Addition to a poi t 140' East thereo
(i) an easement for fire lane in the Ci y Water Treatment Plant
drive, located o Lots 6 and 7 in Bio k 100, Original Town
Addition, lying between the facility and the City Water Treat-
ment Plant, res rving to the City an unrestricted right of
access thereto-
all as per Exhibi s B, C, D, E and F attached herei and made a part
hereof. \
The parties hereb agree that the location of the easements for the
fire lane and f r the chilled water lines within the each ed portion
of Bloomington S reet shall be subject to the approval o the City
Public Works D'rector. With respect to the fire lane an utility
easement convey nces in the vacated portion of Bloomington Str et, it
is agreed that he exact description of the properties to be co eyed
will be determined at a later date.
With respect t the fire lane easement in vacated Bloomington Street
the University agrees to construct a fire lane having a driveable
IAII
surface of a width and utilizing materials approved by the Chief of
the Iowa City Fire Department, and agrees to maintain said fire lane
in an accessible condition for Fire Department apparatus. The
University further agrees to surface and/or landscape the remainder
of the vacated Bloomington Street right-of-way, and to maintain same
in an appropriate condition.
The University agrees to convey to the City, conc/easent
�ly with the
City's conveyances as indicated above, (a) utility for two
existing water mains in vacated Davenport Street of Capitol
Street, (b) a utility easement between the water stafacility and
the City ater Treatment Plant for pipid necessary
appurtenances; and (c) an easement for access to the water storage
facility for o eration, maintenance, and repair, a l as per Exhibit F
hereto. The University further agrees to take,/ and to cause its
construction contractor to take, reasonable/precaution during the
construction of the facilities to protect and/preserve the said water
mains in vacated Davenport Street from distyr�bance or damage.
6. Calculation of CitV and cL___
The City's construction cost share perEentage for the base contract
shall be calculated as fall' ws:
Iowa City's constructio cost/ share percentage = the estimated
cost to construct the Cit Is storage facility = the total
estimated cost to const Jct the facilities, all as per the
project consultant's esti a approved as provided in Part II,
paragraphs 2 and 3 above.
The University's construc on cc t share shall be calculated as
follows:
University's constr tion cost sh a percentage = the estimated
cost to construc the Combined Use Facility less [-] the
estimated cost to onstruct the Cit 's water storage facility
the estimated co t to construct th facilities, all as per the
project consulta is estimate approved as provided in Part I1,
paragraphs 2 an 3 above.
The University sh 1 pay the full amount of ch progress payment to
the construction �ntractor, after review and pproval thereof by the
University. \
The City's con ribution to the cost of construction shall be paid as
follows: \
(a) PeriodiV progress payments: Each payment from the City shall be
duearl4 payable fifteen (15) days after receipt of the
contra tor's pay estimate from the University accompanied by a
statlent of charges and supporting documents substantiating the
expeitures, as per paragraph 2, here and above. The progress
payments will be based upon a schedule of values submitted by
the contractor. The City will have an opportunity to review and
7.
comment upon the contractor's schedule of values before it is
approved by the University.
(b) A final payment as per the final accounting pursuant to para-
graph 12 hereinbelow.
(c) Change order payments as per paragraph 8 hereinbelow.
The City's project representative shall process all periodic progress
payments on tehalf of the City.
The City hereby designates its Public Works Director as its project
representative toact on its behalf during the construction phase for
purposes hereafteX specified. The City s project representative, or
his designee, shall`.be entitled to access to the construction site at
all reasonable times to determine the' progress of construction and
its conformance with the plans and specifications, and to make
inspections and tests for said purposes, provided, however, that
nothing herein shall affect the right of the University or relieve
the University of its, obligat7'on to administer the construction
contract and to inspect the work as "owner" of the project under the
construction contract, puApantzto paragraph 9 hereof.
It is agreed by the Universit and the City that change orders
affecting the constructi n of th facilities may arise and each party
shall be responsible for paying 1 share of the increased costs as
determined by the p oject cons
nant and architect, Herbert Lewis
Kruse Blunck Architecpre.
All change orders 6 the constructIgn contract, which materially
affect the water s 'rage tank or appurtenant piping or facilities, or
which would incre� a the overall cost \Of the project to the City,
shall be submitt to the City for appro al or disapproval. The City
shall approve or disapprove all such chAge orders submitted by the
University in writing within seven (7). working days after their
submission. I the City fails to respond within said seven (7) day
period, the Oity shall be deemed to have adproved the change order.
As to any ch nge order which results in Additional cost to the
project, th City shall be required to pay s ch additional cost if
the change order pertains to the water storag tank or appurtenant
piping or facilities; provided, however, if such change order
pertains to the University's parking garage or chilled water
facility but is necessary to accommodate the nstruction of the
City's ter storage facility, the City shall be re ired to pay its
share the additional cost of such change order. If such change
order pertains only to the University's parking or chilled water
facility, the City shall not be required to contribute to the
additional cost of such change order. Any costs associated with
change orders for the City shall be paid in addition to payments made
AA//
7
as per the base contract formula set forth in paragraph 6 herein-
above.
9. City and University Obligations with Respect to Construction.
The City shall obtain all necessary permits to construct and operate
the water storage facility. i
The University s all, as "owner" under the constru lion contract,
administer and anage the construction of the facilit es according to
Iowa State Boar of Regents Rules and Procedures. The City shall
have access to all test -data of construction materials and methods
compiled by the niversity. The University agrees to make all such
materials availab a to the City upon request. /
The University shill provide to the City after completion of
construction of the facilities copies of /"shop drawings" and "as -
built" drawings for the water storage /facility and its appurtenant
wiring, piping and equipment and the City shall pay for any costs
associated with the preparation of "asAuilt" drawings.
The University or its \Contractor shall effectuate all relocations,
alterations, adjustments oC removaY of utility facilities, including
power, telephone lines, water mains and hydrants, curb boxes, storm
and sanitary sewers, util W p les, steam lines, gas lines and all
related installations and\�purtenances, whether privately or
publicly owned; shall effectu to the removal and replacement of all
parking meters, traffic sig s, pavement and sidewalk, and other
facilities which are locate wi hi the limits of construction or
which are otherwise affec c! by the construction of the project; and
shall place and maintaintraffic control devices, signing, pavement
markings, barricading, andncing around the site during
construction. /
The City shall pay the University's kosts for inspection and admini-
stration of the construction of the Ater storage facility portion of
the facilities. /
The University's costs for construct on inspection of the water
storage facility portion of the facilities shall not exceed the
amount of $17,000. The City shall pay thlt amount to the University
in installments to accompany each periodic progress payment. The
amount of each such payment for cost of inspection shall be in the
same proportion to the above amount as theInracted
eriodic progress payment
bears to the City's total share of the coconstruction cost
for the project, with the final payment trefor to be computed and
paid as provided in Part II, paragraphs 12 and,13.
The University's cost for administration of coAtruction of the water
storage facility portion of the facilities \Shall not exceed the
amount f$3,000. The City shall pay that amount to the University
within 30 days after final acceptance of the facilities by the City
and t University as provided in Part II, paragraph 10.
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E
10. Inspection and Acceptance of the Facilities.
11.
Upon certification by the contractor that construction has been
completed, City and University representatives shall inspect the
facilities. Said representatives shall jointly prepare the "punch
list" for final contractor action prior to formal acceptance. Upon
determination by said representatives that construction of the
facilities is complete and should be accepted, the University shall
by formal action app rdve and accept the facilities as complete.
Upon completion of Oe facilities, the University shall make a final
accounting of all cos4 which it has incurred under the contract(s)
for the construction 4f the facilities Said accounting shall show
(a) the total amount of all progress payments made to the
contractor(s); (b) all periodic progress payments made by the City
and by the University; (c the total' amount of construction inspec-
tion costs paid by the\ City; ind (d) the amount of construction
inspection costs remaining 1{npaid./
The University shall make a f'nai accounting of all amounts due and
owned by the City and shall su (nit it to the City.
The City's final payment sh 11 be due and payable within 30 days of
the University's submission of the final accounting to the City.
12. Requirements of Law.
The parties agree that t e University shall, at its own cost and
expense, promptly obs rve and comply with all present and future
laws, ordinances, r quirements, orders, directions, rules and
regulations of all g vernmental authoH ties having jurisdiction over
it with respect to /the design and co struction of the facilities.
The parties agree that the City shal at its own cost and expense,
promptly observe rind comply with all present and future laws,
requirements, ordigrs, directions, rulds and regulations of all
governmental auth ities having jurisdiction over it with respect to
the design and cofistruction of the facilities.
1.
In considers ion of the City's conveyance \Of property for the
facilities, i s contribution to the cost of onstruction and its
commitment Yo contribute to the ongoing costs of operation and
maintenance Pf the facilities as hereafter provided, the University
grants to Oe City the right to use and occupy the water storage
facility po tion of the facilities, as hereafter provided. The
parties agr a that the City shall have the exclusive right to use and
occupy the water storage facility for storage of potable water.
,
2. Premises and Term.
3.
If
The University hereby agrees that the City shall, during the term of
this Agreement, have the right to use and occupy the water storage
facility for the purposes hereafter provided. The City's right to
use and occupy the water storage facility shall commence upon
completion of the facilities by the University's contractor, as
provided in Part II, paragraph 10 hereof.
This Agreementand the City's right to use and occupy the premises
shall terminat on December 31, 2038, and the C'ty will vacated the
Premises; provi ed, however, if the City desire to extend its use of
the facilities, the City shall give the Univ rsity 180 days prior
written notice o its interest in continuing u e of the water storage
facility, at which,time the University and t City will negotiate a
renewal term for the City's continued us of said facility, unless
such renewal will impede or impair the University's use of its
property.
The City shall,upon 180 days prior wr'-iten notice, have the right to
abandon its use and occupancy of the )4 ter storage facility.
The parties agree that the �Vniv rsity's use of the premises will
consist, initially, of pa kI g for vehicles and the generation of
chilled water for University k uildings, that the City will use the
water storage tank portio \of the facilities for the storage of
potable water, and that pori completion and acceptance of the
facilities, the Universi y shall be entitled to utilize the top
surface of the water sto age facility for University recreational
uses. Upon establishing recreational usage of said top surface, the
University shall assn 4 the care,�custody, and control of the top
surface for said recreeftional purpose`s.
4. Operation and MainterSance.
The University sh 11 have responsibi\ far the proper and prudent
operation and mai tenance of the parking garage and chilled water
facility, and for the grounds.
The City sha � have responsibility for the proper and prudent
operation andnaintenance of the water stor Pe facility portion of
the faciliti?s, under all applicable laws, rules, and regulations.
As to stru tures, appurtenances, and equipment ich serve, support,
or protec both the City's water storage facility and the
Universit 's parking garage and/or chilled wa er facility, the
parties gree to share costs for the maintenance a d repair thereof.
Such c is shall be shared in the same proportion it each party's
cost share percentage thereof computed as provid d in Part II,
paragraph 6 above.
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Part IV - General Provisions.
1. Dispute Resolution - Arbitration.
Pal
The University and the City agree that any dispute arising between
them in the application or interpretation of this Agreement may be
submitted to arbitration on the request of either the University or
the City. Any request for arbitration from one party to the other
must be in writing. Upon receipt of a request for arbitration, the
parties shall sign and acknowledge a written agreement specifying
which demands are to be submitted to the arbitr tors, and the
arbitration proceeng shall be limited to such demand
(a) If the partieA agree, there may be one arbirator; otherwise
there shall b three, one named in writing by each part to this
Contract and thk third chosen by these two arbitrators.
If they fail to sl:lect a third within fifteen days, then such
arbitrator shall Be chosen by the presiding officer of the state
or county bar association nearest to/the location of the work
Should the party\ requesting arbitration fail to name an
arbitrator within ten days of its demand, its right to arbitra-
tion shall lapse.\ Should the other party fail to choose an
arbitrator within the said ten days, then such presiding officer
shall appoint such ar itrator/ Should either party refuse or
neglect to supply the a bitrators with any papers or information
demanded in writing,he/arbitrators are empowered by both
parties to proceed ex pa te.
(b) No one shall be qualifie ' to act as an arbitrator for whom
serving in such a rdle would create a conflict of interest.
Each arbitrator selected s 11 be qualified by experience and
knowledge of the work invo1 ed in the matter to be submitted to
arbitration. \
(c) If there be one } bitrator, t e award shall be binding; if
three, the award of any two shall be binding and may be
impeached only f r fraud or mistake. Such award shall be a
condition prece ent to any right�of legal action.
(d) The arbitrators, if they deem
authorized t award to the party
such sums s they deem proper for
incident t the arbitration and,
without r asonable cause, damages
(e) The cost, of arbitration shall be
that the case demands it, are
hose contention is sustained
he time, expense and trouble
D%the arbitration was taken
, delay.
equally by the parties.
(f) The a#rd of the arbitrators shall bin writing and it shall
not a open to objection on accoun . of the form of the
proc eding or the award.
In the event that either party determines that the other has
defaulted in the performance of its obligations hereunder, the
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11
aggrieved party may declare that default has occurred and give notice
thereof to the defaulting party. Notice of default shall be given in
writing, shall specify the nature of the default and the provision of
the Agreement involved, and shall specify what action is required of
the defaulting party to correct the default. The defaulting party
shall have 30 days from the date of its receipt of the notice of
default to correct the default. If at the end of said 30 -day period
the default has not, in the opinion of the aggrieved party, been
corrected, that party may thereupon pursue all` lawful remedies,
including terminati�,of-this Agreement.
3. Effect of Terminati6
In the event that thi
IV, paragraph 2, or
event the City abando
Part III, paragraph 2
and occupy the water s
easement between the
i Treatment Plant, as
University shall asst
Agreement is terminated is provided in Part
s provided in Part III, paragraph 2, or in the
the water storage facility as provided in
then in those event /the City's right to use
or ge facility shalease, the City's utility
wa er storage facility and the City Water
per Exhibit F, /shall extinguish, and the
me ull responsibility for the operation and
maintenance of that property
4. Liability and Insurance.
facilities.
The University agrees to assug\proce
onsibility for property losses
and personal injuries arising/oits use of the facilities which
are incurred by reason of the ence of the University or its
agents or employees to the/fulent permitted by Chapter 25A of
the Code of Iowa, entitle "Tlaims," and according to the
procedures set forth then i(n.
The City agrees to ssume ribility for property losses and
personal injuries arising out s use of the water storage
facility which are incurred by of the negligence of the City
or its agents or empj/oyees to textent permitted by Chapter
613A of the Code of Iowa, entT rt Liability of Governmental
Subdivisions," and/according to ce ures set forth therein.
The parties ag ee that the University shall maintain property
insurance on p e chilled water and par ing..garage facilities, as
appropriate ac ording to University policie and procedures. The
University's roperty insurance does not and will not cover the
City's water torage facility, and the City shall be responsible for
all such los es to the water storage facility.
The partie agree that the City shall maintain property insurance on
the water storage facility, as appropriate according to City policies
and proc dures. The City's property insurance does not and will not
cover We University's parking garage or chilled water generation
facility, and the University shall be responsible for all such losses
to the parking garage and chilled water generation facility.
Captions.
lo
The captions of the varije
s articles of t is Agreement are inserted
only as a matter ofonvenience and fpr reference and in no way
define, limit, or descri the scope or inTentofthis Agreement, nor
in any way affect this Aeement.
/air
EXHIBIT A
PROPERTY DESCRIPTIONS
1. Description of property (City and University) upon which the Combined
Use Facility is to be constructed.
(Descri tion to be rovided)
I
2. Description of property within the Combined Use Facility where the
City's water storage faci ity will be located.
i
(Descriptio to be provided)
i
RESOLUTION NO. 88-177
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THREE POWER LINE
EASEMENTS IN FAVOR OF IOWA -ILLINOIS GAS AND ELECTRIC COMPANY,
ALL IN CONNECTION WITH THE CITY'S ACQUISITION OF A PLANT ACCESS
ROAD FOR THE SOUTH WASTEWATER TREATMENT PLANT.
WHEREAS, the City of Iowa City, Iowa, has undertaken a project to improve
its wastewater facilities, including the construction of a new wastewater
treatment facility to be constructed in the NEI/4 of the NEI/4 of Section
35, Township 79 North, Range 6 West of the 5th P.M. in Johnson County,
Iowa; and
WHEREAS, in conjunction with the rezoning of said site by Johnson County,
the City is required to acquire and establish its plant access road to the
south of said site to a County Road on the south line of said Section 35;
and
WHEREAS, the route chosen by the City for its plant access road parallels
an existing Iowa -Illinois electric transmission line and encompasses its
access easement thereto; and
WHEREAS, the City commenced proceedings to acquire by condemnation said
roadway right-of-way from three property owners in the SEI/4 of the said
Section 35, but did not reserve therein to Iowa -Illinois either the right
to have its transmission line overhang the road right-of-way or the right
of access over said property to maintain said transmission line; and
WHEREAS, it was andis the City's intent to acquire the said roadway
right-of-way sub.iect to Iowa -Illinois' right to overhang and its right of
access for maintenance purposes; and
WHEREAS, Iowa -Illinois has requested the City to convey back to it, upon
completion of said condemnations, easements allowing its transmission line
to overhang and allowing it access thereto over the City's roadway right-
of-way for maintenance purposes; and
WHEREAS, Iowa -Illinois did prepare and submit to the City three such
easements for execution by the City, which easements have been reviewed
and approved by the City Public Works and Legal Departments; and
WHEREAS, the City Council did, pursuant to Resolution No. 88-167 passed
and approved on July 26, 1988, declare its intent to convey said easements
to Iowa -Illinois Gas and Electric Company; and
WHEREAS, after public hearing thereon pursuant to public notice, this City
Council has determined that it would be in the best interests of the City
of Iowa City to convey said easements to Iowa -Illinois Gas and Electric
Company.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA that the three power line easements (electric
easement -overhang) attached hereto and made a part hereof are hereby
approved as to form and content.
10213
1
Page 2
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are
hereby authorized and directed to execute and attest, respectively, said
easements for and on behalf of the City of Iowa City, such execution and
delivery thereof to Iowa -Illinois to occur upon completion of the said
condemnation proceedings referenced hereinabove.
It was moved by Strait and seconded by Courtney the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Courtney
X Dickson
X Horowitz
X Larson
X McDonald
X Strait
Passed and approved this 9th day of August 1988.
ATTEST:
R
App o e a Form
CITY''CLERK Legal Department
i
IOWA41t1NO1S GAS AND EIKTEIC COMPANY
ISECIIUC EASEAIIM
(OVE41AN0)
R. E. Schwarz, Devenport maw Ca .v
.—
�OJohnaon _ - s, 6Nest w 5th�a
„_,y„ 79 North 35
The understoodC1�y of, Iowa City, IowaLamunlcioei_eorogZEljgp„_,
end the undersigned
sada the rml mtau lsratod t. Jahveem_CauntY In the Sou of_.3mra—_— dmerrmd
u to0owe:
A tract of land 25 feet wide situated in the Southeast Quarter (SEN)
of Section 35, Township 79 North, Range 6 Nest of the 5th Principal Meridian,
Johnson County, Iowa, said tract of land being the westerly 25 feet of the
roadway to the City's South Wastewater Treatment Plant described as follows:
Commencing at a found Concrete Monument at the Southeast corner of the
Southeast Quarter (SEN) of Section 350 Township 79 North, Range 6 Nest of
the 5th Principal Meridian! thence 5370 57' 26410 (an assumed bearing), along
the south line of said Southeast Quarter (SEN), 934.10 feet, to the Point of
Beganning7 thence S970 57' 26.10, along said South line, 66.59 feet, thence
N09 39' 32.10 1431.47 feet, to the North lies of the Southeast Quarter (SEN)
of said Southeast Quarter (SEN), thence NOS 07' 02YE, along said North line,
66.61 feet, thence S090 39' 32-E, 1431.23 feet, to the Point of Beginning.
Said tract of land contains 94,467 square feat, more or less.
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IOWA4LLINOIS GAS AND ELECTRIC COMPANY
ft`." w ELECTRIC EASEMENT
(OVEENAMO)
M. E. Sch evenport (KRAL) co.
ter Johnson �r 6 Nest r Sth rr
«.Ms 79 North__ 35
7UundmlEYdosner(.), oityof IowaCLty. Iowa, n municlP.R cor29xA oG__.,.
Aad the cndard"
and somas the foal oUto located Ia....4.2r=9.G_Couatl In the Stab of_SnYa._...__.__. desofbo
Y fallaea:
A tract of land 15 fast wide situatas in W Southeast Quarter (5Ei), of Section 35,
T Slftlp 79 Morth, Range 6 Beat of the Sth Principal Martel". Johnson County, love, Yid
tract of land Wing the wsterly 15 fast Of the rOadwaY to the CSty'a South raatw,Ater
Tr
"talent Plant described as follows,
Cossancing at • found concrete Nonuaot at the Northeast ccrnar of the Southeast Quarter
(SET) of Section 35, Towahlp 79 Perth, IW9s 6 West of the Sth Principal Wridiant thence
5010 51' 39•E (an Yauyd Waringl, along the asst lice Of said Southeast Quarto ISE%)i
630.66 feat. W the Northeast corner of the South Half (SS) Of the North Half (My) of Yid
Southeast QYrtar (SE4)1 hence 5660 03' 46.16, along the North line of Yid South Mall (SS)
of the North Half (US), 1.711.54 feet, W the Point of 9e9inning, thence 8090 39' 33.16,
625.1S feat, W a point On the South line Of said South Half (MI Of the North Ulf (A),
thence SMo 07' 01.9, along said South line, 66.61 feet, !bene* M090 39' 31.16 611.07 Test;
thence 9010 04' 36'10, 0.47 feet, thence also 53' 53.9, 45.75 feett thence M03d 04' 36•M,
x6.13 feet, to a point on the North line of Yid South Half (Sy) of the North Half (Mh)t thtnce
MBI 03' 46•Er sloop Yid Moral line. 96.06 fast. W the Point of Beginning. Said treat of land
contains 41,590 square fast, wn as lase.
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CIAy or IOWA CITY, IOWA
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IOWAaLLINOIS GAS AND RUCTtIC COMPANY
nACTOOVAR ANO)O M
88K. E. Scherarrs Mvenport QUBAt) ) co.ft
BB -IA sstoyt '
r...tr�Ieha.a _.SJfertt_.tStb
r...rn 79 North 35
12e nadanl8aed oerar(a) City of Iowa City, Iowa, a municipal corporation_,
end the undersigned t—at(p,.,______ ._--
and eeroe the red wish, located )S jgh"pg11___Cauot7 In DH State of_Ipya_,_,__, daa)pad
ea foQon: A tract of land JS fast wide situated in the 9outh"at Quarter (Stil of Section
35, TOwsuhip 79 North, "a 6 Wast of the Sth Principal Meridian, Johnson County. Iwq said
tract of land Wing the weaterly 25 fast of the roadway to the Cityas reuch Naetewater treat-
Kant Plant described Y follOwsr
Ctasneing at a found concrete aonuaant at the Northeast corner of the Southeast Quarter
(St%) Of Section 35r tmmehiP 79 North. Range 6 Most of the 5th Principal Meridians theme
5880 DO' 7891 foss owed hearing), aloof the North line of said Southeast Quarter (Sti
1,231.7S fast, to the Point of s gJnmings thence S010 01' 36'ta 577.86 feats thence 11531,35'
17'6, 36.33 feats theBOJ* 01' 36.6, 50.00 fasts tbence 857 33' 1TW, 36.73 feats thence
S07 01' 36% 11.18 feats thence 609 39' 37't, 0.16 fast, to the South Jim of the North Nall
(Ni) Of the North Half (Ms) of Said Southeast Quarter (Stilt thence 1880 03' 16'11, along said
South lino, %.06 feats thence U070 ea' 36'11, 11.77 feats thane U38 53' 53't, 15.75 feats
thence W070 01' 36'11, S73.05 fast, to a statist on the North line of Said Southeast Quartan (Sti) s
theme NBW 00' 111'11, alOOg said North lime 66.00 fast, to ted Point of Beginning. Said tract
Of land Onntahno 67t757 squats feats sore as, lease
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CHAPTER 28E AGREEMENT 1
Between the City of Iowa City
and
The University of Iowa
Providing
the
Management and rOperationlofmanOccupancy,
Parking Garage and
Chilled Water Facility and a Water Storage Facility
Witnesseth:
WHEREAS, the Iowa State Board of Regents has determined that the
University of Iowa is in need of a parking garage and chilled water
facility to service its North Campus, which facility is to be located upon
University -owned property and City -owned street right-of-way in and
adjacent to a block of property immediately adjacent to the City's Water
Treatment Plant; and
WHEREAS, the City Council of the City of Iowa City has determined that the
City is in need of additional storage capacity for potable water in the
vicinity of its Water Treatment Plant at 330 North Madison Street; and
WHEREAS, City and University staff members did engage in an engineering
study which demonstrated the feasibility of developing a University
parking and chilled water facility and a City water storage facility,
which facilities will be constructed by the University under a single
contract or set of contracts on the site proposed by the University; and
WHEREAS, City and University staff members negotiated and prepared this
Agreement addressing the design, construction, ownership, and operation of
such facilities and the allocation of design and construction costs there-
for between the City and the University.
NOW, THEREFORE, the City of Iowa City (hereinafter "the City") and the
State Board of Regents, acting on behalf of the University of Iowa
(hereinafter "the University") do hereby agree as follows:
Part I - Joint Exercise of Powers Under Chapter 2BE of the Code of Iowa.
I. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do
hereby agree that the purpose of this Agreement is to jointly
exercise their respective powers to finance, develop, construct, own,
operate and manage a public improvement, to -wit, facilities for the
parking of vehicles, the generation of chilled water for cooling
buildings, and a nominal one million gallon storage tank for potable
water supply, hereinafter referred to as "the facilities."
2. The Vice President for Finance and University Services of the
University of Iowa or her designee shall be designated as the
administrator for purposes of this Agreement as provided by Section
28E.6 of the Code of Iowa, and the Vice President or her designee
shall administer the contracts for the design and construction of the
facilities.
The development and construction of the facilities shall be jointly
financed by the City and the University as provided in Part II
hereof, and the operation and management of the facility shall be
jointly funded by them as provided in Part III hereof.
The facilities shall be constructed and located upon the property
described in Exhibit A hereto which is property owned in part by the
University and in part by the City of Iowa City, that the City -owned
property involved shall be conveyed to the University of Iowa as
provided in Part II hereof, subject to certain rights and interests
reserved and granted to the City of Iowa City as provided in Part II
hereof. The parties further agree that the City's water storage
facility shall be constructed as part of the facilities on that
portion of the property described in Exhibit A.
Part II - Development and Construction of the Facilities.
1. Contracts for the Design and Construction of the Facilities.
The parties hereby agree that the University will contract for the
design and construction of the facilities. The plans and specifica-
tions incorporating the design of the facilities will be in
substantial conformance with the preliminary conceptual design
Unte
iversiity's projectrtconsultantLewisKrusandearchitect,�cas sethforthuin their
feasibility study, dated February 24, 1988, which is incorporated
herein by reference.
2. Citv's Review and Aporoval of Plans and Contribution of its Share of
---i., Costs
The City shall have the right to review and approve that portion of
theplans, specifications, form of contract, and estimate of costs
having to do with the water storage facility, such determination of
approval to be given within fifteen (15) days of submission of same.
If the final design of the water storage facility as reflected in the
plans and specifications is in substantial conformance with the
preliminary conceptual design, or is otherwise acceptable to the
City, and if the estimate of costs for construction of the City's
water storage facility is in substantial conformance with the
preliminary estimate of $550,000 developed in conjunction with the
feasibility study, then in that event the City shall be required to
approve same within ten (10) days from submission thereof to the City
by the University. The estimate of costs shall separately identify
the estimated cost to construct the University's chilled water
facility and parking garage, and the City's water storage facility.
The City shall pay its share of the design costs incurred by the
University. The University shall, from time to time appropriate to
the progress of the project, submit to the City itemized applications
for payment and supporting documents substantiating the expenditure
by the University, and the City shall promptly reimburse the
University the portion of the University's costs which are attri-
butable to the water storage facility. The City's share of costs for
the design, construction bidding and negotiating, preparation of bid
documents, and construction observation by the project consultant and
1ai3
architect for the water storage facility portion of the facilities
shall not exceed ;45,400.00.
3• University's Competitive Bid Process.
The University agrees that, after it has approved the plans and
specifications, form of contract, and estima
Chapter 262 of the Code of Iowa, it willte of costs pursuant to
secure a bid or bids for
construction of the facilities. The University shall have sole
responsibility for the competitive bid and contract award process,
which process shall be conducted in conformance with Iowa State Board
of Regents rules and procedures governing such matters. After bids
are received and opened, the University shall furnish the City with a
tabulation of all bids received.
4. Universitv's awa..a c
The parties agree that the University will accept a bid or bids for
construction of the facility and will take appropriate action on the
bid or bids in accordance with the rules and procedures of the Iowa
State Board of Regents. The parties hereby understand that the City
has agreed to a maximum dollar commitment on the construction costs
Of $550,000,exclusive any extra work orders pertaining to the
water storage facilities..
If the dollar value of the work pertaining to the water storage
facility exceeds the City's maximum dollar comnitment,the City may
review the bid and determine whether it desires to proceed with the
construction. If it elects not to proceed with the construction
project, the City may terminate this agreement as set forth in
esigne
Section
theblredto theang
University for
the project to eliminate the water storage facility from tha
5.
The City agrees that, upon the University's award of a contract or
contracts for construction of the facilities, including the City's
water storage facility, the City shall be obligated to contribute to
the University a sum equal to the bid price of the construction bid
accepted, multiplied by the City's construction cost share percen-
tage, said sum to be paid in payments as provided in Section 6.
The City further agrees that, upon the University's award of a
contract or contracts for construction of the facilities, or for
construction of the parking and chilled water facility only, the City
shall be obligated to convey to the University the
interests in the following properties: following
(a) fee title to the East 10' of the West 20' of Capitol Street from
the South line of Davenport Street to the North line of
Bloomington Street, vacated pursuant to City Ordinance No. 88-
4
(b) fee title to the North 24.5' of the vacated portion of
Bloomington Street adjacent to the facility, vacated pursuant to
Ordinance No. 88- , lying between the West line of Lot 3,
Block 100, Original Town Addition (East line of City Water Plant
property) and the West line of Capitol Street;
(c) fee title to the South 24.5' of the vacated portion of
Bloomington Street adjacent to the Chemistry/Botany Building,
vacated pursuant to Ordinance No. 88- , lying between the
West line of Lot 3, Block 100, Original Town Addition (East line
of City Water Treatment plant property) and the West line of
Capitol Street;
(d) fee title to that portion of the East-West alley right-of-way in
Block 100, Original Town Addition, lying East of the West line
of Lots 2 and 3 in said block;
(e) a temporary construction easement in the East 20' of the West
40' of Capitol Street, lying immediately East of that portion of
Capitol Street vacated pursuant to Ordinance No. 88- ,
from the South line of Davenport Street to the North line of
Bloomington Street;
(f) a temporary construction easement in the City Water Treatment
Plant drive, located on Lots 6 and 7 in Block 100, Original Town
Addition, reserving to the City an unrestricted right of access
thereto;
(g) a 10' wide easement for the installation and maintenance of
University utilities in vacated Bloomington Street, from the
West line of Capitol Street to the West line of Lot 3, Block
100, Original Town Addition;
(h) an easement for a 20' wide fire lane in vacated Bloomington
Street, from the West line of Lot 3, Block 100, Original Town
Addition to a point 140' East thereof;
(i) an easement for a fire lane in the City Water Treatment Plant
drive, located on Lots 6 and 7 in Block 100, Original Town
Addition, lying between the facility and the City Water Treat-
ment Plant, reserving to the City an unrestricted right of
access thereto;
all as per Exhibits B, C, D, E and F attached hereto and made a part
hereof.
The parties hereby agree that the location of the easements for the
fire lane and for utilities within the vacated portion of Bloomington
Street shall be subject to the approval of the City Public Works
Director. With respect to the fire lane and utility easement
conveyances in the vacated portion of Bloomington Street, it is
agreed that the exact description of the properties to be conveyed
will be determined at a later date.
With respect to the fire lane easement in vacated Bloomington Street,
the University agrees to construct a fire lane having a driveable
)ai3
5
surface of a width and utilizing materials approved by the Chief of
the Iowa City Fire Department, and agrees to maintain said fire lane
in an accessible condition for Fire Department apparatus. The
University further agrees to surface and/or landscape the remainder
of the vacated Bloomington Street right-of-way, and to maintain same
in an appropriate condition.
The University agrees to convey to the City, concurrently with the
City's conveyances as indicated above, (a) utility easement for two
existing water mains in vacated Davenport Street west of Capitol
Street, (b) a utility easement between the water storage facility and
the City Nater Treatment Plant for piping and necessary
appurtenances; and (c) an easement for access to the water storage
facility for operation, maintenance, and repair, all as per Exhibit F
hereto. The University further agrees to take, and to cause its
construction contractor to take, reasonable precaution during the
construction of the facilities to protect and preserve the said water
mains in vacated Davenport Street from disturbance or damage.
6. Calculatinn of r; �.. --J .. _
The City's construction cost share percentage for the base contract
shall be calculated as follows:
Iowa City's construction cost share percentage = the estimated
cost to construct the City's water storage facility _ the total
estimated cost to construct the facilities, all as per the
project consultant's estimate approved as provided in Part II,
paragraphs 2 and 3 above.
The University's construction cost share shall be calculated as
follows:
University's construction cost share percentage = the estimated
cost to construct the Combined Use Facility less H the
estimated cost to construct the City's water storage facility
the estimated cost to construct the facilities, all as per the
Project consultant's estimate approved as provided in Part II,
paragraphs 2 and 3 above.
The University shall pay the full amount of each progress payment to
the construction contractor, after review and approval thereof by the
University.
The City's contribution to the cost of construction shall be paid as
follows:
(a) Periodic progress payments: Each payment from the City shall be
due and payable fifteen (15) days after receipt of the
contractor's pay estimate from the University accompanied by a
statement of charges and supporting documents substantiating the
expenditures, as per paragraph 2, here and above. The progress
payments will be based upon a schedule of values submitted by
the contractor. The City will have an opportunity to review and
ia�3
7.
comment upon the contractor's schedule of values before it is
approved by the University.
(b) A final payment as per the final accounting pursuant to para-
graph 11 hereinbelow.
(c) Change order payments as per paragraph 8 hereinbelow.
The City's project representative shall process all periodic progress
payments on behalf of the City.
The City hereby designates its Public Works Director as its project
representative to act on its behalf during the construction phase for
purposes hereafter specified. The City's project representative, or
his designee, shall be entitled to access to the construction site at
all reasonable times to determine the progress of construction and
its conformance with the plans and specifications, and to make
inspections and tests for said purposes, provided, however, that
nothing herein shall affect the right of the University or relieve
the University of its obligation to administer the construction
contract and to inspect the work as "owner" of the project under the
construction contract, pursuant to paragraph 9 hereof.
8. Change Orders to
It is agreed by the University and the City that change orders
affecting the construction of the facilities may arise and each party
shall be responsible for paying its share of the increased costs as
determined by the project consultant and architect, Herbert Lewis
Kruse Blunck Architecture.
All change orders to the construction contract, which materially
affect the water storage tank or appurtenant piping or facilities, or
which would increase the overall cost of the project to the City,
shall be submitted to the City for approval or disapproval. The City
shall approve or disapprove all such change orders submitted by the
University in writing within seven (7) working days after their
submission. If the City fails to respond within said seven (7) day
period, the City shall be deemed to have approved the change order.
As to any change order which results in additional cost to the
project, the City shall be required to pay such additional cost if
the change order pertains to the water storage tank or appurtenant
piping or facilities; provided, however, if such change order
pertains to the University's parking garage or chilled water
facility, but is necessary to accommodate the construction of the
City's water storage facility, the City shall be required to pay its
share of the additional cost of such change order. If such change
order pertains only to the University's parking or chilled water
facility, the City shall not be required to contribute to the
additional cost of such change order. Any costs associated with
change orders for the City shall be paid in addition to payments made
/a 13
7
as per the base contract formula set forth in paragraph 6 herein-
above.
9. City and University Obligations with Respect to Construction.
The City shall obtain all necessary permits to construct and operate
the water storage facility.
The University shall, as "owner" under the construction contract,
administer and manage the construction of the facilities according to
Iowa State Board of Regents Rules and Procedures. The City shall
have access to all test -data of construction materials and methods
compiled by the University. The University agrees to make all such
materials available to the City upon request.
The University shall provide to the City after completion of
construction of the facilities copies of "shop drawings" and "as -
built" drawings for the water storage facility and its appurtenant
wiring, piping and equipment and the City shall pay for any costs
associated with the preparation of "as -built" drawings.
The University or its contractor shall effectuate all relocations,
alterations, adjustments or removal of utility facilities, including
power, telephone lines, water mains and hydrants, curb boxes, storm
and sanitary sewers, utility poles, steam lines, gas lines and all
related installations and appurtenances, whether privately or
publicly owned; shall effectuate the removal and replacement of all
parking meters, traffic signs, pavement and sidewalk, and other
facilities which are located within the limits of construction or
which are otherwise affected by the construction of the project; and
shall place and maintain traffic control devices, signing, pavement
markings, barricading, and fencing around the site during
construction.
The City shall pay the University's costs for inspection and admini-
stration of the construction of the water storage facility portion of
the facilities.
The University's costs for construction inspection of the water
storage facility portion of the facilities shall not exceed the
amount of $17,000. The City shall pay that amount to the University
in installments to accompany each periodic progress payment. The
amount of each such payment for cost of inspection shall be in the
same proportion to the above amount as the periodic progress payment
bears to the City's total share of the contracted construction cost
for the project, with the final payment therefor to be computed and
paid as provided in Part II, paragraph 11.
The University's cost for administration of construction of the water
storage facility portion of the facilities shall not exceed the
amount of $3,000. The City shall pay that amount to the University
within 30 days after final acceptance of the facilities by the City
and the University as provided in Part II, paragraph 10.
/,-�/3
10. Inspection and Acceptance of the Facilities.
Upon certification by the contractor that construction has been
completed, City and University representatives shall inspect the
facilities. Said representatives shall jointly prepare the "punch
list" for final contractor action prior to formal acceptance. Upon
determination by said representatives that construction of the
facilities is complete and should be accepted, the University shall
by formal action approve and accept the facilities as complete.
11. University's Final Accounting of Construction and Construction
Inspection Costs City s Final Pa enc.
Upon completion of the facilities, the University shall make a final
accounting of all costs which it has incurred under the contract(s)
for the construction of the facilities. Said accounting shall show
(a) the total amount of all progress payments made to the
contractor(s); (b) all periodic progress payments made by the City
and by the University; (c) the total amount of construction inspec-
tion costs paid by the City; and (d) the amount of construction
inspection costs remaining unpaid.
The University shall make a final accounting of all amounts due and
owed by the City and shall submit it to the City.
The City's final payment shall be due and payable within 30 days of
the University's submission of the final accounting to the City.
12. Requirements of Law.
The parties agree that the University shall, at its own cost and
expense, promptly observe and comply with all present and future
laws, ordinances, requirements, orders, directions, rules and
regulations of all governmental authorities having jurisdiction over
it with respect to the design and construction of the facilities.
The parties agree that the City shall, at its own cost and expense,
promptly observe and comply with all present and future laws,
requirements, orders, directions, rules and regulations of all
governmental authorities having jurisdiction over it with respect to
the design and construction of the facilities.
Part III - Use, Occupancy Management and Operation of the Facilities.
1. Grant of Right to Use and Occupy.
In consideration of the City's conveyance of property for the
facilities, its contribution to the cost of construction and its
commitment to contribute to the ongoing costs of operation and
maintenance of the facilities as hereafter provided, the University
grants to the City the right to use and occupy the water storage
facility portion of the facilities, as hereafter provided. The
parties agree that the City shall have the exclusive right to use and
occupy the water storage facility for storage of potable water.
Premises and Term.
The University hereby agrees that the City shall, during the term of
this Agreement, have the right to use and occupy the water storage
facility for the purposes hereafter provided. The City's right to
use and occupy the water storage facility shall commence upon
completion of the facilities by the University's contractor, as
provided in Part I1, paragraph 10 hereof.
This Agreement and the City's right to use and occupy the premises
shall terminate on December 31, 2038, and the City will vacate the
premises; provided, however, if the City desires to extend its use of
the facilities, the City shall give the University 180 days prior
written notice of its interest in continuing use of the water storage
facility, at which time the University and the City will negotiate a
renewal term for the City's continued use of said facility, unless
such renewal will impede or impair the University's use of its
property.
The City shall, upon 180 days prior written notice, have the right to
abandon its use and occupancy of the water storage facility.
3. Possession and Use of Premises.
The parties agree that the University's use of the premises will
consist, initially, of parking for vehicles and the generation of
chilled water for University buildings, that the City will use the
water storage tank portion of the facilities for the storage of
potable water, and that upon completion and acceptance of the
facilities, the University shall be entitled to utilize the top
surface of the water storage facility for University recreational
uses. Upon establishing recreational usage of said top surface, the
University shall assume the care, custody, and control of the top
surface for said recreational purposes.
Operation and Maintenance.
The University shall have responsibility for the proper and prudent
operation and maintenance of the parking garage and chilled water
facility, and for the grounds.
The City shall have responsibility for the proper and prudent
operation and maintenance of the water storage facility portion of
the facilities, under all applicable laws, rules, and regulations.
As to structures, appurtenances, and equipment which serve, support,
or protect both the City's water storage facility and the
University's parking garage and/or chilled water facility, the
parties agree to share costs for the maintenance and repair thereof.
Such costs shall be shared in the same proportion with each party's
cost share percentage thereof computed as provided in Part II,
paragraph 6 above.
la/3
to
Part IV - General Provisions.
I. Dispute Resolution - Arbitration.
The University and the City agree that any dispute arising between
them in the application or interpretation of this Agreement may be
submitted to arbitration on the request of either the University or
the City. Any request for arbitration from one party to the other
must be in writing. Upon receipt of a request for arbitration, the
parties shall sign and acknowledge a written agreement specifying
which demands are to be submitted to the arbitrators, and the
arbitration proceeding shall be limited to such demands.
(a) If the parties agree, there may be one arbitrator; otherwise
there shall be three, one named in writing by each party to this
Contract and the third chosen by these two arbitrators.
If they fail to select a third within fifteen days, then such
arbitrator shall be chosen by the presiding officer of the state
or county bar association nearest to the location of the work
Should the party requesting arbitration fail to name an
arbitrator within ten days of its demand, its right to arbitra-
tion shall lapse. Should the other party fail to choose an
arbitrator within the said ten days, then such presiding officer
shall appoint such arbitrator. Should either party refuse or
neglect to supply the arbitrators with any papers or information
demanded in writing, the arbitrators are empowered by both
parties to proceed ex parte.
(b) No one shall be qualified to act as an arbitrator for whom
serving in such a role would create a conflict of interest.
Each arbitrator selected shall be qualified by experience and
knowledge of the work involved in the matter to be submitted to
arbitration.
(c) If there be one arbitrator, the award shall be binding; if
three, the award of any two shall be binding and may be
impeached only for fraud or mistake. Such award shall be a
condition precedent to any right of legal action.
(d) The arbitrators, if they deem that the case demands it, are
authorized to award to the party whose contention is sustained
such sums as they deem proper for the time, expense and trouble
incident to the arbitration and, if the arbitration was taken
without reasonable cause, damages for delay.
(e) The costs of arbitration shall be shared equally by the parties.
(f) The award of the arbitrators shall be in writing and it shall
not be open to objection on account of the form of the
proceeding or the award.
2. Declaration of Default and Notice; Remedies Upon Default.
In the event that either party determines that the other has
defaulted in the performance of its obligations hereunder, the
/-2/3
11
aggrieved party may declare that default has occurred and give notice
thereof to the defaulting party. Notice of default shall be given in
writing, shall specify the nature of the default and the provision of
the Agreement involved, and shall specify what action is required of
the defaulting party to correct the default. The defaulting party
shall have 30 days from the date of its receipt of the notice of
default to correct the default. If at the end of said 30 -day period
the default has not, in the opinion of the aggrieved party, been
corrected, that party may thereupon pursue all lawful remedies,
including termination of this Agreement.
3. Effect of Termination or Abandonment.
In the event that this Agreement is terminated as provided in Part
IV, paragraph 2, or as provided in Part III, paragraph 2, or in the
event the City abandons the water storage facility as provided in
Part III, paragraph 2, then in those events the City's right to use
and occupy the water storage facility shall cease, the City's utility
easement between the water storage facility and the City Water
Treatment Plant, as per Exhibit F, shall extinguish, and the
University shall assume full responsibility for the operation and
maintenance of that property and those facilities.
4. Liability and Insurance.
The University agrees to assume responsibility for property losses
and personal injuries arising out of its use of the facilities which
are incurred by reason of the negligence of the University or its
agents or employees to the full extent permitted by Chapter 25A of
the Code of Iowa, entitled "Tort Claims," and according to the
procedures set forth therein.
The City agrees to assume responsibility for property losses and
Personal injuries arising out of its use of the water storage
facility which are incurred by reason of the negligence of the City
or its agents or employees to the full extent permitted by Chapter
613A of the Code of Iowa, entitled "Tort Liability of Governmental
Subdivisions," and according to the procedures set forth therein.
The parties agree that the University shall maintain property
insurance on the chilled water and parking garage facilities, as
appropriate according to University policies and procedures. The
University's property insurance does not and will not cover the
City's water storage facility.
The parties agree that the City shall maintain property insurance on
the water storage facility, as appropriate according to City policies
and procedures. The City's property insurance does not and will not
cover the University's parking garage or chilled water generation
facility.
W
5. Captions
The captions of the various articles of this Agreement are inserted
only as a matter of convenience and for reference and in no way
define, limit, or describe the scope or intent of this Agreement, nor
in any way affect this Agreement.
/ao
N
Exhibit A
Property Designation
1. The facilities are to be constructed on Lots 1, 2, 3,
9 and the East-West alley right-of-way lying east of
the west line of Lots 2 and 3 in Block 100, Original
Town Addition, and the west 10' of Capitol Street from
the south line of Davenport Street to the north line
of Bloomington Street, all property belonging to the
University of Iowa; and the east 10' of the west 20'
of Capitol Street from the south line of Davenport
Street to the north line of Bloomington Street, and
the north 19' of Bloomington Street lying between the
east line of the west 20' of Capitol Street and the
west line of Lot 3, Block 100, Original Town Addition,
to be conveyed to the University under this agreement.
2. The City's water storage facility lies in the
southeast corner of the facility in an area lying
south of a line 67' north of the southeast corner and
east of a line 56' west of the southeast corner on
levels 1, 2, 3 and 9 of the facility.
Exhibit B
KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, a
municipal corporation, 1n consideration of $1.00 and other good and
Universitycofsideration Iowa, All our right paid do
interesthereby estate, unto The
claim and
demand to the following -described real estate situated in Johnson County,
Iowa, to -wit:
1. The West 20' of Capitol Street from the South line of Davenport
Street to the North line of Bloomington Street, vacated pursuant to
City Ordinance No. B8-_
2. The North 24.5' of the vacated' portion of Bloomington Street adjacent
bto the etween facility,
lWest lineteOPursuant
Lot 3, Bio0kd1100, Orliginal Town Addition
lying
(East line of City Water Plant property) and �the West line of Capitol
Street;
3. The South 24.5' of the vacated portion of Bloomington Street adjacent
to the Chemistry/Botany Building, vacated Pursuant to Ordinance No.
B8- lying between the West line of Lot 3, Block 100,
Orig nim Town Addition (East line of City Water Treatment plant
property) and the West line of Capitol Street;
4. That portion of the East-West alley right-of-way 1n Block 100,
Original Town Addition, lying East of the West line of Lots 2 and 3
In said block;
all 1n Iowa City, Johnson County, Iowa.
Dated this day of
GRANTOR
CITY OF IOWA CITY, IOWA
By:
John MCOpna d, Mayor
ATTEST:
By:
er. an K. Karr, C ty C erk
STATE OF IOWA )
JOHNSON COUNTY ) S5:
On this day of
19 before me,
0 owe, persona a Notary Du md Ic 1n and or the State
to
Personally known, yandpewhod being by0meaduly ld asworn,,
Marlin
say thattheyare
the Mayor and City Clerk, respectively, of the City of Iowa City, jowl;
that the $eal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of Its City Council, as contained in
Ordinance No. passed (the Resolution adopted) by the Cit
Council, under Ro Ca 1 No.
day of of the City Council an the
19
cDana d and Narcan K. Karr, acknow edged t e execut on�ofand
the instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary ub c nand or sa d County and State
9
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
WITNESSETH:
WHEREAS, the University of Iowa and the City of Iowa City, Iowa, have
entered into a Chapter 28E Agreement providing for the joint development,
use, occupancy, management, and operation of a University parking garage
and chilled water facility and a City water storage facility on a site In
the East half of Block 100, Original Town Addition in Iowa City, Johnson
County, Iowa; and
WHEREAS, the City is required pursuant to said Agreement to convey
temporary construction easements to the University to accommodate the
University's construction of said facilities.
NOW, THEREFORE, for and In consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby
acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby
grant and convey unto the University of Iowa, as Grantee, in easement and
right of entry and encroachment, for purposes of constructing the
facilities described In the preamble hereof, ever the following described
real estate:
1. The East 20' of the West 40' of Capitol Street, lying immediately
East of that portion of Capitol Street vacated pursuant to Ordinance
No. 88 -from the South line of Davenport Street to the
North line of Bloomington Street; and
2. The City Water Treatment Plant drive, located on the east 17' of Lots
6 and 7 in Block 100, Original Town Addition, reserving to the City
an unrestricted right of access thereto; all of said property located
i in Iowa City, Johnson County, Iowa.
This grant conveys to the University of Iowa, its agents, employees, and
contractors employed for the construction of said facilities, the right to
enter and encroach upon the real estate described during the term of the
I easement for the purpose of constructing and Installing the improvements
or structures related to the facilities, and may include storage of
equipment or materials on said real estate.
The temporary construction easement in and to the Water Treatment Plant
drive hereinabove granted is subject to the City's continued right -of -
access to the entire drive for purposes of operating its water treatment
plant, and includes unrestricted access by City suppliers. Equipment or
materials shall not be stored in said drive so as to Interfere with such
access.
The term of the temporary construction easement will be for the period of
time required by the Grantee to complete the construction of the sanitary
sewer, but In no event shall the duration of the temporary easement extend
beyond
0
/a/3
I
N
2
Dated this _ day of ly_
GRANTOR CITY Of IOWA CITY, IOWA
By;
John McDonald, Mayor
ATTEST:
By:
Marian K. Karr, City perk
STATE OF IOWA
JOHNSON COUNTY i SS:
On this day of E9 before me,
owaa Notary a cin an or the State
personally pknown, and, rho r being by Mme dully sworn, didd and nK. s y thatrthey ato re
that the the seal affior and xed Clerk,
the frespectively,
regoing instrument of the Cis the corporateof lows ysealwof
the corporation, and that the Instrument was signed and sealed on behalf
of the corporation, by authority of Its City Council, as contained in
(Ordinance) (Resolution) No, passed (the Resolution adopted)
the
by the City Council, under RoT1—CaTiAo: of the City Council
HcOonal an ar a a K. Kar ac now age t e of execution . ndlthat John
ment
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed,
oUry u C n an or sa ounty an tate
GRANTEE'S ACCEPTANCE
By:
ATTEST:
6
D
STATE OF IOWA )
JOHNSON COUNTY l 55:
(UNIVERSITY ACKNOWLEDGEMENT)
9
Exhibit 0
Deed of Conveyance of Utility Easement
Witnesseth:
WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have
entered into a Chapter 28E Agreement providing for the joint development,
vers
and chilled watermfacilitytandna CitYrwater storagaation If I ifacf it Parking
gon a sgarate ge
the East half of Block 100, Original Town Addition in Iowa City, Johnson
County, Iowa; and
WHEREAS, the City is required pursuant to said Agreement to convey a
utility easement to the University to accommodate the University's
construction of said facilities.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby
acknograntwlandedconvey Citythe of
(theIowa
University of Iowa, Grantor
Grantee, andoes
easement
described as follows:
A 10' wide easement for the installation and maintenance of
University utilities in vacated Bloomington Street, from the
West line of Capital Street to the West line of Lot 3, Block
100, Original Town Addition, said easement to be centered on a
Iiledescribed as follows:
(description to be provided at a later date).
Dated this day of
GRANTOR
CITY OF IOWA CITY, IOWA
By:
Jahn MCOona d,Mayor
ATTEST:
BY:
Mar an K. Karr, C ty C erk
STATE OF IOWA )
JOHNSON COUNTY ) 55:
On this day of
fc In before me,
0 owe, persona y appeared John McDonalda andubMarian aK. Karr, tome State
personally known, and, who being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the Instrument was signed and sealed on behalf
If the corporation, by authority of Its City Council, as contained in
Ordinance No, passed (the Resolution adopted) by the City
Council, under Ro Ca I No. d and day of of the City Council on the
, 19 and that John
Mc ono Marianow K. Karr acknedged the execot o of
to be their voluntary
the Instrument
y act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Pub c n and or sa d County and State
9
M
GRANTEE'S ACCEPTANCE
By:
ATTEST:
By:
(University acknowledgement)
L
1
Exhibit E
Fire Lane Easement
Witnesseth:
WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have
entered into a Chapter 28E Agreement providing for the Joint development,
use, occupancy, management, and operation of a University parking garage
and chilled water facility and a City water storage facility on a site in
the East half of Block 100, Original Town Addition in Iowa City, Johnson
County, Iowa; and
WHEREAS, the City is required pursuant to said Agreement to convey fire
lane easements to the University to accommodate the University's use of
said facilities.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration, receipt of which is hereby
acknowledged, the City of Iowa City, Iowa, Grantor herein, does hereby
grant and convey unto the University of Iowa, as Grantee, easements for
fire lanes to serve University buildings, as follows:
1. A 20' wide fire lane in vacated Bloomington Street, from the West
line of Lot 3, Block 100, Original Town Addition to a point 140' East
thereof, said easement to be centered upon a line described as
follows:
(description to be provided at a later date); and
2. A fire lane in the City Water Treatment Plant drive, located on Lots
6 and 7 in Block 100, Original Town Addition, lying between the
facility and the City Water Treatment Plant, reserving to the City an
unrestricted right of access thereto;
The fire lane easement in and to the Water Treatment Plant drive herein-
above granted is subject to the City's continued right -of -access to the
entire drive for purposes of operating its water treatment plant, and
includes unrestricted access by City suppliers.
Dated this day of 19_
GRANTOR
CITY OF IOWA CITY, IOWA
By:
John McDonal d, Mayor
ATTEST:
By:
WrT an K. Karr, C ty C TOMk
/W3
6
z
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this day of 19 before me,
Iowa, a Notary Pub is in and or the State
Of persona y appeared John McDonald and Marian K. Karr, to me
personally known, and, who being by me duly sworn, didsay that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the Instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, as contained In
Ordinance No. passed (the Resolution adopted) by the City
Council, under Ro I Ca No, of the City Council on the
day of, 19 and that John
MCOo� and Marian K. Karr acknow edged the execution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public in and for said County and State
GRANTEE'S ACCEPTANCE
By:
ATTEST:
By:
(University acknowledgement)
�a�3
Exhibit F
Deed of Conveyance of Utility Easements
Witnesseth:
WHEREAS, The University of Iowa and the City of Iowa City, Iowa, have
entered Into a Chapter 28E Agreement providing for the joint development,
use, occupancy, management, and operation of a University parking garage
and chilled water facility and a City water storage facility on a site in
the East half of Block 100, Original Town Addition in Iowa City, Johnson
County, Iowa; and
WHEREAS, The University is required pursuant to said Agreement to convey
easements to the City to accommodate the City's construction of said
facilities.
NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1,00)
and other good and valuable consideration, receipt of which is hereby
acknowledged, The University of Iowa, Grantor herein, doeshereby grant
and convey unto the City of Iowa City, Iowa, as Grantee, utility easements
upon and over the following -described real estate:
1. A -70 ' wide easement for two existing water mains in vacated
Davenport Street between the West line of Capitol Street and the East
line of Madison Street, centered an a line described as follows:
(description to be provided at a later date).
2. A' wide easement for water piping and appurtenances between
the C ty Water Treatment plant and a City water storage tank, said
easement to be centered upon a line described as follows: (descrip-
tion to be be
at a later date).
3. An easement upon Lots 3 and 1. Block 100, Original Town Addition, for
access to the City water storage facility and appurtenant piping and
facilities located thereon, for purpose of operatingmonitoring,
maintaining, and repairing the said water storage facility and its
appurtenances;
all located 1n Iowa City, Johnson County, Iowa,
Dated this day of Iq_
GRANTOR
THE UNIVERSITY OF IOWA
By:
ATTEST:
By:
(University acknowledgement)
/,,2/3
6
1
RESOLUTION NO. 88-178
RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ANNUAL
CONTRIBUTIONS CONTRACT KC -9033E (DATED 2-2-87)
WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority")
proposes to enter into a revised contract (herein called the "Annual
Contributions Contract") with the United States of America (herein called
the "Government") with respect to any "Project" as defined in the Annual
Contributions Contract and which at any time now or hereafter is
incorporated under the terms of such Contract.
BE IT RESOLVED BY THE LOCAL AUTHORITY as follows:
Section 1. Amendment No. 1 to Annual Contributions Contract KC -9033E in
substantially the form hereto attached and marked "Exhibit All is hereby
approved and accepted both as to form and substance and the Mayor or Mayor
Pro tem is hereby authorized and directed to execute said Contract in two
copies on behalf of the Local Authority, and the City Clerk is hereby
authorized and directed to impress and attest the official seal of the
Local Authority on each such counterpart and to forward said executed
counterparts, or any of them, to the Government, together with such other
documents evidencing the approval and authorizing the execution thereof as
may be required by the Government.
Section 2. Whenever the following terms, or any of them, are used in this
Resolution, the same, unless the context shall indicate another or
different meaning or intent, shall be construed, and are intended to have
meanings as follows:
(1) The term "Resolution" shall mean this Resolution.
(2) All other terms used in this Resolution and which are defined in the
revised Annual Contributions Contract shall have the respective
meanings ascribed thereto in the revised Annual Contributions
Contract.
Section 3. This Resolution shall take effect immediately.
It was moved by Ambrisco and seconded by Strait the
Resolution be adopted, and upon roll call there were:
AYES:
I
NAYS: ABSENT:
-k—
Ambrisco
Courtney
Dickson
X
Horowitz
T
Larson
X
McDonald
T
Strait
i
Resolution No. 88-178
Page 2
Passed and approved this 9th day of August 1988.
YOR
Approved as to Form
ATTEST: /�Qd_>/! �_J yY�Y
CITY LER_> K Legal Department
If
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ANNUAL
CONTRIBUTIONS CONTRACT KC-9033
WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority")
proposes to enter into a revised contract (herein called the "Annual
Contributions ontract") with the United States of America (herein called
the "Government with respect to any "Project" as defined/in the Annual
Contributions Co ract and which at any time now or hereafter is
incorporated under e.terms of such Contract.
BE IT RESOLVED BY THE CAL AUTHORITY as follows:
Section 1. Amendment N 1 to Annual Contribut'ns Contract KC-9033 in
substantially the form here o attached and mar d "Exhibit A" is hereby
approved and accepted both a to form and subs nce and the Mayor or Mayor
i Pro tem is hereby authorized nd directed to Pecute said Contract in two
copies on behalf of the Locai Authority,/And the City Clerk is hereby
authorized and directed to imp ess and test the official seal of the
Local Authority on each such counte} art and to forward said executed
counterparts, or any of them, to he G 6ernment, together with such other
documents evidencing the approval n authorizing the execution thereof as
i may be required by the Government.
Section 2. Whenever the follow- t ms, or any of them, are used in this
Resolution, the same, unless the context shall indicate another or
different meaning or intent, all be onstrued, and are intended to have
meanings as follows:
(1) The term "Resolution" shall mean th Resolution.
(2) All other terms u ed in this Resolu�on and which are defined in the
revised Annual ontributions Contract shall have the respective
meanings ascrib d thereto in the revised Annual Contributions
Contract. \
Section 3. This solution shall take effect immediately.
It was moved by and seconded by the
Resolution bea opted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
9
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO ANNUAL
CONTRIBUTIONS CONTRACT KC -9033
WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority")
proposes to enter into a revised contract (herein called the "Annual
Contributions Contract") with the United States of America (herein called
the "Government") with respect to any "Project" as defined in the Annual
Cont 'butions Contract and which at any time now or hereaf er is
incorp ated under the terms of such Contract.
BE IT RESO ED BY THE LOCAL AUTHORITY as follows:
Section 1. A dment No. 2 to Annual Contributions ontract KC -9033 in
substantially the form hereto attached and marked " xhibit A" is hereby
approved and accep d both as to form and substanc and the Mayor or Mayor
Pro tem is hereby au orized and directed to exe to said Contract in two
copies on behalf of a Local Authority, an the City Clerk is hereby
authorized and directed o impress and att t the official seal of the
Local Authority on eac such counterp t and to forward said executed
counterparts, or any of the to the Gov nment, together with such other
documents evidencing the appr val and a thorizing the execution thereof as
may be required by the Governm t.
Section 2. Whenever the followin terms, or any of them, are used in this
Resolution, the same, unless th context shall indicate another or
different meaning or intent, s all b construed, and are intended to have
meanings as follows:
(1) The term "Resolutio ' shall mean thi Resolution.
(2) All other terms sed in this Resolutio and which are defined in the
revised Annual Contributions Contract shall have the respective
meanings asc bed thereto in the revised Annual Contributions
Contract.
Section 3. T s Resolution shall take effect immed'ia
It was mov by and seconded by
Resolutio be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Courtney
Dickson
Horowitz
Larson
McDonald
Strait
the
/ai9
a