HomeMy WebLinkAbout1986-07-15 ResolutionT
RESOLUTION NO. 86-223
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:
Field House Inc.
(Renewal)
111 E.
College
6:20 (Six Wenty)
(Renewal)
620 S.
Madison
It was moved by
Strait
and
seconded by Courtn e
that the Resolution
as read be
adopted,
and upon rail call ere
were:
Ambrisco
AYES: NAYS: ABSENT:
.__X.
BakerX
Courtney X '
Dickson X
McDonald X
Strait X
Zuber X
Passed and approved this 15th day of July ,
19 86 .
Mayor
Attest:
City C erk
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RESOLUTION NO. 86-224
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made appli-
cation and paid the mulct tax required by law for the sale of
cigarettes and cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
Joe's Place (Renewal) 115 Iowa Ave
Econofoods #473 (New) 1987 Broadway
0
it was moved by Strait
and seconded by
Courtney
that the
Resolution as read be
adopted, and upon
rollcall there
were:
AYES: NAYS: ABSENT:
Ambrisco
X
i
Baker.
X
Courtney
X
Dickson
X
McDonald
X
Strait
X
Zuber
X
Passed and approved this
15th day of
tnty
19 86
VLu.A�"
/4pyo-r"M
Attest: a �- �
ClEy clerk �/��
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RESOLUTION NO. 86-225
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL
FORCE MIATN AND LEACFIATE PUMPING FACILITIES PROJECC
DIRECTING CITY CLERK TO PUBLISH NOTICE
AFILEHEARING,
PUBLIC INSPECTION.
CITY ENGINEER TO PLACE SAID PLANS, ETC., ON
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 29th day of July , 1986 , at 7:30 P.M. in the Council
Chambers, Civi— C nter, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspaper published at least once weekly and having a general circulation in the
city, not less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Strait and seconded by Courtney that the
resolution as read be a opte , an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
x Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 15th day of July 19 86
ATTEST: )Z
, TY CUM
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RESOLUTION NO. 86-226
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BRIDGE
DECK REPAIR PROJECT (PRASE I).
CITY ENGINEER TO PLACE SAIDuPLANS, ETC.,�rONAFILE
EFOR PU AND DIRECTING
FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
I• That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project is to be
held on the 29th day of July 1986 at 7;
Chambers, Civi Ccenter, Iowa Cit— y, Iowa• 30 p.m. in the Council
Z• That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
newspacity, not er less than fourublished at east (4) noremorekthanntwentinQ20 general circulation in the
Y ( )days before said hearing.
3• That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Strait and seconded b
resolution as read be a opte an upon roll call there were ney that the
AYES: NAYS: ABSENT:
E Ambrisco
x Baker
E Courtney
X Dickson
- X McDonald
X Strait
Zuber
Passed and approved this 15th day of July
19 86 .
! _ /00�,e
slued A Approv
R legal De of
71018'6
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RESOLUTION N0. 86-227
RESOLUTION OF INTENT TO CONVEY TO THE SEVENTH DAY ADVENTIST CHURCH
THE VACATED PORTION OF TEETERS COURT SOUTH OF RIDER STREET.
WHEREAS, the City is in the process of vacatinga
south of Rider Street and north of the CRANDICrailportiline, , lea Teeters Court
below: gally described
I
All that part of Teeters Court lying south of the south right-of-way 1
line of Rider Street and north of the Cedar Rapids and Iowa City
City, Iowa; and
Railway right-of-way in Chatauqua Heights, a subdivision in Iowa i
i
WHEREAS, the Seventh Day Adventist Church has asked the City to convey such
property to it in order to incorporate the land into the Church property for
use as a drive to the Church parking lot; and
WHEREAS, the City has no need for such vacated property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
IOWA CITY, I041A, THAT:
The City Council does hereby declare its intent to convey its interest in the
above-described City -owned property to the Seventh Day Adventist Church in
consideration of $500 and the granting of the following easements:
1. A non-exclusive right-of-way for a driveway over the east 37.5 feet by
200 feet of vacated Teeters Court for the residential lot on Rider Street
east of the Church property,
2. A non-exclusive right-of-way and permanent easement on the west 25 feet {
of vacated Teeters Court for the use and maintenance of a
for the residential lots currently using that sewer and for sewer
3. A non-exclusive right-of-way for access to the municipal sewer at the
south property line of the Church property.
AND BE IT FURTHER RESOLVED THAT: i
A public hearing on said proposal be set for July 29, 1986, and that the City
Clerk be and is hereby authorized, empowered and directed to cause Notice of
Public Hearing to be published as provided by law relative to the proposal
herein above set forth.
It was moved by McDonald and seconded b
the Resolution be adopted, and upon roll call thre
ere wetney
Resolution No. 86-227
Page 2
AYES: NAYS: ABSENT:
X AmbriSco
XBaker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 15th day of July 1986.
AYDR
ATTEST: LE /
C LRK—
Received i AppreveN
By The legal Omm, I ma
io l
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RESOLUTION NO. 86-228
RESOLUTION AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED TO HAWKEYE-BAY
STATES LTD. PARTNERSHIP OF A STRIP OF LAND ALONG THE EASTERLY BORDER
OF BLACKHAWK MINIPARK.
WHEREAS, the City Council did, by Resolution No. 86- 209 , adopted on
July 1, 1986, evidence its intent and proposal to convey approximately 210
square feet of land from the easterly portion of Blackhawk Minipark, which
parcel is legally described as follows:
Commencing at the northwest corner of Lot 4, Block 65, Original Town
of Iowa City, Johnson County, Iowa, according to the recorded plat
thereof; thence north 90000100" east, an assumed bearing, along the
southerly right-of-way line of Washington Street, 60.28 feet to the
point of beginning; thence south 00003'02" west 110.26 feet; thence
south 89043'36" west 1.50 feet; thence north 00003'02" east 36.26
feet; thence south 89043136" west 2.50 feet; thence north 00003'02"
east 18.0 feet; thence north 89043136" west 2.50 feet; thence north
00003102" east 56.0 feet; thence north 90000'00" east, an assumed
bearing, along the southerly right-of-way line of Washington Street,
1.50 feet; to the point of beginning.
and did authorize publication of notice of its proposal with regard thereto
and did set the date and time for public hearing thereon; and
WHEREAS, following the public hearing on the proposal, and being fully ad-
vised as to the merits of the proposal, and in consideration of receipt of
three thousand dollars ($3,000), the City Council deems said proposed convey-
ance of interest in said real estate to be in the best interest of the City
of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 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 said real estate to Hawkeye-Bay States Ltd. Partnership.
AND BE IT FURTHER RESOLVED:
That the City Deed attached here and made apart hereof is hereby approved as
to form and content.
AND BE IT FURTHER RESOLVED:
j That the City Attorney be and hereby is authorized, empowered and directed to
deliver the said City Deed upon receipt of the agreement therefore.
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It was moved by McDonald and seconded by Strait
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x_ Ambrisco
x_ Baker
x_ Courtney
Dickson
_Y_ McDonald
_X_ Strait
Y_— Zuber
Passed and approved this 15th day of July 1986.
4YDR I
I
j ATTEST: -POU &..)
� I CLERK � I
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loahnd A Appnry
SY The toga O" W*MM
_4� - '�--- fit-, �.-_
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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, in consideration of
Three Thousand and no/100 Dollars ($3,000) does hereby release, remise, convey
and quit claim unto the Hawkeye-Bay States Ltd Partnership and Its successors
end assigns ('Grantee'), all 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 northwest corner of Lot 4, Block 65. Original Town
of Iowa City, Johnsen County, Iowa, according to the recorded plat
thereof; thence north 90 00 00' east, an assumed bearing, along the
southerly right-of-way line of Washington Street, 60.28 feet to the
point of be inning; thence south 00003102' west 110.26 feet; thence
south 8904336' west 1.50 feet; thence north 00003102' east 36,26
.__..
------ ..n...... _ _
4.2V sees; cnence uu"V3'O2' east
18.0 feet; thence north 89043'36' west 2.50 feet; thence north j
00003'02' east 56.0 feet; thence north 90000'00' east, an assumed
bearing, along the southerly right-of-way line of Washington Street,
1.50 feet, to the point of beginning,
subject to the following: j
First, easements, ran easement and public
covenants of record, specifically including
but not limited to an easement for pubs is ut111ty lines, if any, located on or i
under the surface of said property; and
Second the terms and conditions of the City's Urban Renewal Planrecorded in
,
Book 7223, at page 156, Johnson County Recorder's Office; and
Third, the project approval and completion requirements, and limitations on
transfer set forth in a 'Contract for Sale of Land for Private Redevelopment'
recorded in Book 788, at page 106, Johnson County Recorder's Office; and
Fourth, a covenant by Grantee to remove snow and ice from a strip ten (10) feet
wide extending south from the southerly right-of-way line of Washington Street j
for 74.0 feet, and abutting the property being conveyed hereunder.
IN WITNESS WHEREOF the City of Iwo City, Iowa, has caused this instrument to
be executed on its behalf by its Mayor, attested by the City Clerk, and its
seal to be affixed hereto this 15 day of JUlY 1986.
C TY IOWA CITY j
yor
ATTEST:
MY er
State of Iowa '
SS:
Johnson County )
On this 15 day of JU1 1986, before me, a Notary Public
In and o7r E6e State o we, pusona y appeared William J. Ambrlsco and '
Marian K. -Karr, to me personally knwn, and, who, being by me dui9 sworn, did
612 that they are the Mayof end City Clerk, respectively, of the Clty of Iowa
,Vhat
that the see( 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
ITOMPM (Resolutton No {b 22R wiled (the Resolution adopted) by the
ty ounci 1, on the )1 yth- etGo .TU1V 19 Rfi. end that
William J. Axbrlsco enE Nerlenf Narr ac nw e y a executian�ai the In-
strument to be their voluntar and deed and the volunlery.,act and the
of
In -
the corporation, by It volunt rily ecuted.
artoival 8 App,uvw — _.1 . .......... .... ......, .v.0
of h Wgel0
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RESOLUTION NO. 86-229
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST A LEASE OF THE UNION BUS DEPOT PROPERTY, 404
E. COLLEGE STREET, PURSUANT TO WHICH LEASE BOBBY J. AND KAREN K.
ROREX WILL LEASE SAID PROPERTY FOR AN INITIAL TERM OF 1140 YEARS,
WITH THREE TWO-YEAR RENEWAL OPTIONS.
WHEREAS, the City Council did, pursuant to Resolution No. 86-215, adopted
and approved on the Ist day of July, 1986, indicate its intent and pro-
posal to lease the property 404 E. College Street, commonly known as the
Union Bus Depot, to Bobby J. and Karen K. Rorex for an initial term of two
years, with three two-year renewal options; and
WHEREAS, following public hearing on said proposal, and being fully ad-
vised as to the merits of said proposal, and having given full study and
consideration, this Council deems said proposed lease of said property to
be in the best interest of the City of Iowa City, Iowa.
NOW, THEREFORE, BE, AND IS HEREBY RESOLVED BY THE CITY COUNCIL. OF THE CITY
OF IOWA CITY, IOWA, that the lease -business property attached hereto and
made a part hereof is hereby approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are
hereby authorized,' empowered, and directed to respectively execute and
attest the lease -business property attached hereto and made a part hereof.
It was moved by . her and seconded by , trai t
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Courtney
_X Dickson
McDonald
---1L_ Strait
--IL_ Zuber
Passed and approved this 15th day of July , 1986.
MA OR
ATTEST:
LITT LLERK
4a1 Ap ~
/AI
01
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M.
IOWA STATE fAl ASSOCIATION FOR Hese lERUCT THE
..._ __O�dd.hn-Na. f0_.. R.wuaMr_wluwM, err r r.%sen - OF THIS FaRWnN. CONSULT YOUR UWVIIITm
MORE, LEASE -BUSINESS PROPERTY
THIS LEASE AGREEMENT, executed in duplicate, made and entered into this day of
19_, by and between The City of Iowa City. Iowa a municipal corporation
(hereinafter called the "Landlord")
whoa address for the porpoise of this (care is Civic Center Iowa City
(Street end Number (City
Iowa 52240 and Bobby J. Korex and Karen
Rotex (Stall) (Zip Coda)
(hereinafter called the "Tenant")
wbw address for the parpom of this lease Is 404 East College Street Iowa City
IOWA 52240 (Street and Number) (City)
WITNESSETH THAT:
(stale) Rip Code)
1. pfEMlt1S AND T&Rht. The Landlord, in consideration of the rants herein reserved and of the agreements and conditions here -
In contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and lasses from Lend•
lord, according to the terms and provisions herein, the following described nal otatq situated in Johnson
County, lows, to wit:
The south 70 feet of Lot 5 in Block 43, and the south 70 feet of
the west 10'feet of Lot 6 in Block 43 in Iowa City, Johnson County,
Iowa, according to the recorded plat thereof
With file Improamenh Iheseon and all rights, easements and appurtenances thereto belonging, which, more particularly, includes the spa" and
promises at may be shown on "Exhibit A if and as may be attached hereto, for a term of two yuan, commencing of mid -
eight of the day previous to the first day of the lease farm, which shall be on the l s t day of December
30th r
H $6 . orf andlN M mMsdfN on the lad day of the loam ism, which shell be a the day e} NovembeLi
1t 88 upon the condition that the Tenant pays rent Therefor, and otherwise parforms as in this lease provided.
2. !ENTAL Tenant agrees to pay to Landlord as rental for sold term, as follewst S 507.29
per month, to advance, No lint rot payment baeomlm dee Open
Strike}Igr,CfftyadNiAdh76T:Ndi7MiYeXlax
use (b) tee Int day of❑p. r - if 86
and the Nero omelette per epees, In advance, om fke 1 a t day of each madh thereafter, during the farm of this lease.
—Ie rldwoa-fo.Ae Aewe a0onlhly+wlel—Teiun! ahelLelw ;my—
The initial rental shall be adjustt2 d to establish n w baqse
rental as set forth in paragraph of the attache A3dendum.
NI sums shell be paid at the address of Landlord, as above designated, or at such other place In Iowa, or elsewhere, as the Landlord
may, from time to time. previously dadgnste in writing.
Delinquent payments shell drew interest at 9L1.✓i_ya per annum from the due dale, until paid.
3. f this lease,
ield
lors
to the Landlord
f;ON. Tenant time and date shall
of the clown f thito s lesulon brm �onceFf aflua s herein otherwise aPrOf the ton oaaly provided.and
Sheddshall
Landlorpd sbe ses.
able to give papesdon ON 8014 date, Tenant's Italy damages sbalk be a rebating of Ike pre safe rental,
4. WE Op NEMIfE6. Tenant covenants and agrees during The term of this (sew to use and to occupy the leased premises only for
_ a baa depot
For reslriclions an such use, we paragraph% 6(c), 6(d) and I I (b) below,
6. 911111 INJOYMINT. Landlord covenants that ih estate in cold promises Is
fee simple
L' and that the Tenon! on paying the rent herein raterved and performing all the e9reamenh by the Tenant to be pertormea at provided
In this loam, $hall and may peaceably have, hold and enloy the demised premia% for the term of this taste bee from molestation, eviction
or disturbance by the Landlord or any other patient or legal entity whatsoever. lout sue paragraph 14, below.)
Landlord, shall have the right to mortgage all of IIs light, title, Interest In said premhss at any time without notice, subject to this lees@.
!i nps6. and Call sAND Me INrRWA may be a pfeOFnly haainlprovidad, Tenaml fakes sold premises In their present condition eaepf for such
ir#
alt
rations
p
.y1.1y�,, felt t1Ye e4 esasw W gr"a .
1 1
( �I e,,,l„' MMI A -WI ..,,,I.e, nr=r lM Mti e,W aV /.—IWC.
Omani January. (rat
Its) LANDLORD'S DUTY OF CARE AND MAINTENANCE. landlord shall have n0 responsibility to repair the
structkkral portions of the building, which repairs shall be the sole responsibilit.'of,
tenon AANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after taking possession of said premises and until the lermigelioa
of this lease and the actual removal from the premitos. of its own expense, core for end maintain said premises in a reasonably safe and service-
able condition, except for structural pads of the building. Talent will furnish its own interior and exterior decorating. Tenant will not permit or
allow said promises to be damaged or depreciated in value by any act or negligence of the Tananr, its agents or employees. Without limiting
the generality of the foregoing, Tenant will make necessary rapalm to the sewer, fke plumbing, the wafer tattles and electrical
wtrlog, except as follows:
and Talent agrees to loop faucets closed to as to prevent waste of water and flooding of premises: to promptly falls care of any leakage or
stoppage in any of the water, gas or waste pipes. The Tenant agrees to maintain adequate travel to prevent fmclog of pipes. H and
only If the other forms of this (ease fix responsibility for heading upon the Tenant. Tenant of it, awn expanse may install Maar cove,
ing and will maintain such floor covering In good condition, Tenant will be responsible for the plate glass In the windows of the
lamed premises and for maintaining the parking arae, driveways and sidewalks an and abottlag the leased premises, If H
loosed promises Include the ground floor, and If the other forms of this lease Include promises so described. Tenant shall mak:e
no strucforal alterations or improvements without the wriften approval of the Landlord first had and obtained, of the plans
and specifications therefor.
(d) Tenant will male no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Hoallh, City Ord;•
nonce, or applicable municipal;ty, the laws of the State of Iowa and the Federal government. but this provision shall not be caastmed as
emoting any duty by Tenant to members of the general public. If Tenant, by the terms of this lease it leasing pmmi,es on the ground
floor. II will not allow trash of any kind to accumulate on said premisot in the halls, if any, or the alloy or yard in front, ,Ida or ,or thereof,
and it will remove same from the premises at its own expense. Tenant also agrees to remove snow and Ica and other obstacle, from the sidewalk
on at abuffkg the premises, if promises include the ground floor, and if this lease may be fairly construed to impose such liability on the
Tenant.
7. (a) UTILITIES AND SERVICES. Tenant, during the term of this lease, shall pay, before delinquency, all charges for use of fele.
hone, wafer, sower, ea, heat, if beating is Tenant's responsibility). p g , g ' p ty), electricity, newer, els conditioninglieand
(;f air Conditioning is the Tenant's
respon,ib;lilyy), garbage disponi, fresh disposal and not limited by the foregoing all other refit;fie, end services of whatever kind and nature
which may ba used in or upon the demised premises.
I
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(6) AIR CONDITIONING equipment shell be furnished at the expense of Tenant and maintenance thereof at
t(Landlord or Tenant)
he expense of Tenant
(Landlord or Tenant)
(c) JANITOR SERVICE shell be furnished at the expense of _ Tenant
(Landlord or Tenant)
I
(d) HEATING shell be furnished of the expense of
Tenant I ;
(Landlord or Tenent)
L (a SURRENDER OF PREMISES AT END OF TERM—IIMOVAL OF FIXTURES. Tanant agues that upon the larmbalion of Ihis
lease, if will surrender, yield up and deliver the leased premises in goad end cb en condition• ascent the effects of ordinary wear end }ear and
depreciation arising from lapse of time, or damage without fault or links ly of Tenant. (See also I I (e) and I I (e) below(
` (b) Tenant may, at the expiration of the term of this lease• or renewal or renewals thereof or at a reasonable time thereafter, if Tanant is r
of In default hereunder, remove any fixtures or equipment which sold Tenant has installed in the leased premises, providing said Tenant repairs
- any and all damages caused by remover { !
' (c) MOLDING OVER. Continued possession, beyond the emp;rafory, date of the form of this lease, by the Tenant, coupled with the -I
local t of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease• or for a new i
le shell constitute a month to month extension of this lease.
j:
g. ASSIGNMENT AND SUBLETTING. 3ALLKUNW§MKXRORKJ1 )OK
MIYId/lflLtLalcxRN�t11E71AENM7fLEOSE71D1LXRl7kE7wOficLY101e•
. S MIO ILpN�N7hCNY.x9SS8 Y�iiFr�Ki xaEYw7fua�iEk�ib6ibTpxxe6klac
This leaseazld Bt p ts� rigltst to the
property shall not be assignable or subject to sublease without the prior written consent
of the landlord.
10. (a) ALL REAL ESTATE TAXES, except as may be otherwise eapsessly provided In this pen9raph 10, levied or assessed by low.
full authority (but reasonably preserving L td's rights of appeal) again to;d real property shell be Timely paid by the padres in
the following proportions by Landlord %rel by Tenant %. I
Ib) Increase in such tear, except as in The reed paragraph provided, above the amours} paid during the bele year of
(base year if and as may be defined in this paragraph) shall be paid by Landlord, 1 QQ %; by Tested
(e) Increase ;n such laxer caused by Improvements of Tenant shell be paid by Landlord =Q=% 1 by Tenant 100 %.
Sd) PERSONAL PROPERTY TAXES. Tenant agree, to limaly pay all laver, assessment. or other public charge, levied ar assatsad by
law(u authority. (but reasonably preserving Tenant's rights of appeal) against if, personal properly on the premises, during the form of this
feats.
(t) SPECIAL ASSESSMINTS. Special anessmanls shall be timely paid by the parties in the following proportion$: by the Landlord
100 %1 by the Tenent=0- %.
11. INSURANCE. (a) landlord and Tenant will each keep Its respective properly Inlereda In Its premia and Ila liability in regard
Asnefo, and Iha personal prapard on the premises, reasonably inured against hazards and cauallles that Is, five and those items usually cov.
*red by edendad coverage; and Tenant will procure and deliver to the Landlord a cerlilicallon from "a respective insurance conp,nler to
that effect. Such Insurance shell be made payable to The parties hereto as their interests may appear, except that the Tenant's there of such
Insurance proceeds are hereby red nod and made payable to the Landlord to secure rent or other obllgaliom then due and owing Landlord
by Tenant [See also I I (n) below
(b) Tarrant w;II not do or omit the doing of any act which would vitiate any insurance, or inaaea Ike insurance rales in lame upon the
;gal estate Improvement, on the promisee or upon any personal properly of the Tenant upon which Its Landlord by law or by the terms of
his lease, has or shell have a lien,
1c) Subrogatlan rights are net to be waived unless a spacial provision Is aHached to this lease,
(d) Tanenl further agrees to comply with recommendations of Iowa Insurance Service Bureau and to be liable for end to promptly pay, as if
cunenl nnlel, any incrsete In Imurenm rates on said
premises and on the building of which mid promises are a pert, due to Increased rids
or Is ...cs rest, ling from Tenant's ma of the on olhewhe than of herein contemplated and agreed.
(e) INSURANCE PROCIIDS. Landlord ,hell aellle and adjust any claim against any Insurance company undo, Its told policies of
Insurance for the premltrs, E
end sold Insurance monies ,halt beBBX Paid to TDmGUDOL the Landlord I
� r/LBfdmbKb[7NN�a1L7hgRId67ENIXdk]SXr7iclLdbXJNBiCDbT}NW(dD1U0#AL7S10Nd{
` 1
21. RIGHTS CUMULATIVE. The variam rights, powers, options, elections and romedios of either pedy. provided in this Iaga"hell` r',�s
be construed as cumulative and no one of them as a.clutive of the others, or exclusive of any rights, ramodics or pdorilios allowed oiihor
party by law, and shall in no way affect or impair the right of either party to p•a'sue any other equitable or legal ramody to which oifhor party
may be entitled as long as any default remains in any way unremedied. umabsfiad or undischarged.
22. NOTICES AND DEMANDS. Notices as provided for In this lease shall be given to the respective parties hereto at
the respective addresses dmignafed on page one of this lease unless either party notifies the other, in wrilinq. of a diitoronl address. With.
out prejudice to any other method of notifying a party in writing or meting a demand or other communicadnn, such mnunge shall bn
considered given under the terms of this lease when tent, addressed et above designated, poslago prepaid, by registered nr certified mail,
return receipt requested, by the United Stole mail and so deposited in a Unaod $[alas mail box.
21. PROVISIONS TO RIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and ovary covenant and agreement hereto con.
seined shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto: except
that if any part of this lease is held in joint tenancy, the successor in interest shell be the surviving Inial tenant.
24, CHANGES TO SE IN WRITING. None a1 the covenants provitionr. Wnn, .m cnndpicns of !bfs Innen b be inns nr rredormed
by Landlord or Tenant shell be in any manner modified. waived or abandoned, oxcopl by a written instrument duly Jgnud by rho pnrti s
.,rod daCvorod to the Landlord and Tenant. This Iwxe contains the whole agreement of the parties.
15. RELEASE OF DOWER. Spouse of Landlord, appears ns a party signatory to this lease lately far the purpose o1 releesinq doer, m
distributive share, unless said spouse is also a co•owner of an interest in the leased promises.
26. CONSTRUCTION. Words and phrases herein, including acknowledgment heroot shall be construed et in [he singuier or plural
i number. and as masculine. feminine or neuter gander according to the contest.
27. See Addendum.
IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the day and year first above written.
THE CITY OF IOWA CITY, IOWA
(���
Bobby orex, anent � LwNDLosD
Karen K. Rorex
TENANTS slousE
[Sa Paragraph 11(61]
INDIVIDUAL
•'• '•e•• STATE OF 0...
u'ee SS.
se.s.le..s COUNTY OF
«a,rwr
id•^•^ae On this
�� day of . 191 , before me, Iho undersigned, a Notary Public in a d far said County and
r•h«
sea, 91 ,Stale, personally appeared 9^� and
to ma personally known to be the identical persons named in and who executed the within and foregaing instrument. and
eclnowledged that they executed the same as their volunlary act and dead. - -
ISEAL) y
_ 7:a�g _. Notary Public in and for said County and Slate.
CORPORATION.
STATE OF ..
SS.
COUNTY OF. �
On this day *of 11 A. D. 19_, before me, Ike undersigned a Notary public in
and for said County and State, personally appeared and
res, rt to me personally known, who being by me duly sworn, did say that they are the
Owner and respectively, of said corporation executing the
.xis..lse within and foregoing instrument that foo seal has bean procured by Ino midcorporation; Ibat said imlrumenl was signed (end sealed) on
«eeewr (the Seel affixed thereto h the seal of SeidMal
a. . ris - behalf of said corporation by authority of fh Board of Directors: and hat the said and
as such officers acinowlodged Ile execution of said instrument to be the voluntary act and deed of said cerrpmeticn
by it and by than, voluntarily executed.
(SEAL)
„„..,. _�...—�,�,,,...„.,„..._.._..... Notary Public in and for told County and Stela
FIDUCIARY
STATE OF �SS.
COUNTY OF 111111
On this day of , A, D, 19_, 6efora me. the undersigned, a Notary Public in
and for said County in laid $tele, personally appeared ea Emcufor of the Elala of
— Deceated. to me known to be the identical person named in and who executed the
fwagoing inslrument and acknowledged thal.he executed five same as the voluntary act and deed of himself and of such fiduciary,
ISEAL)
,..,.__ ._.._.�...... Notary Public In and for said County and Stell
PARTNER
STATE OF �SS.
COUNTY OF 111111
On Ihii day of A. D. 19_, before me, the undersigned, n Notary Pub';' in
and for said County and Stele personally appeared and
to me personally known, who, being by me duly sworn, did ley that be is (they are) memberitl of the parinarshlp
executing the within and foregoing Instrument and acknowledged that Iho)
shell executed the same as the voluntary act and dud of said co•partneds) by (him) (them) and by said perinerlhip voluntarily esecute .
ti,_...,........................._....._._...._..... Notary Public in and for told County end $fele
For acknowledgment as a corporate fiduciary
see obverse side of Court Officer Deed
(Official Form No. 101(.
14)
I
xx
12. INDEMNITY AND LIABILITY INSURANCE. tifb6y07LsSNdL)fi}C)07y0L)XXdLMXOG)CXrH00H)fa15v67iH�'s'
2fal0K6I2fill,XX 92fr)L Tenant will protect. Indemnify and save harmless the Landlord from and against any and all loss, costs, damage and
expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury end/or damage to any panes or
properly, happening or done. in, upon or about the tested promises, or due directly or indirectly to the Infancy, use or occupancy thereof, or
any part thereof by the Tenant or any person claiming through or under the Tenant. The Tenant further covenants and agrees that it
will at its own expense procure end as casualty and liability insurance in a rospomible company or compen;ot authorised to
do business in the Stale of Iowa, in amounts not loss then $100,000 for any one porton injured, and
5500,000 for any one accldonl, and with the limits of $25,000 for prep•
arty damage, protecting the Landlord against such claim, damages. costs or expenses on account of injury to any ponos or persons,
or to any properly belonging to any person or parsons. by reason of such casually, accident or other happening on or about the demised
premises during the form thereof. Certificates or copies of said policies. naming the Landlord, and providing for fifteen (15)
days' notice to the Landlord before canccal1n6nn shall be d4verod to the Lacdlord within twenty 1201
days from the data of the beginning of the farm of this lease. As to insurenco of the Landlord for roof and structural faults,
see paragraph IIla) above.
12. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the want of a partial destruction or damage of the
leased premises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage ;%
reasonably repairable within sixty (60) days after its occurrence. this Iowa shall not terminate but Tha rant for the leased premises shall aloof.
during the time of such business interference.76X0fo`CXs3fnYX+TL�63E/7'a1SHdCWM04dL7L2(ollUfr2L%t®2Lr6fK}GXDCHdGXXdFMiL%+6
lb) ZONING. Should the toning ofd;nonce of the city ar rfun;6,,Aly in which Ill;s properly is lacalad make if impossible for Landlord.
using diNgonl and tlmoly effort to obta;n necessary permits end to repair and/or mbudd so that Tenenf is not able to conduct its business
on flaw promises, then such partial destruction shall be treated as a talel dostrucnon as in the nc.l paragraph prw;dod.
lc) TOTAL DESTRUCTION OF BUSINESS USE. In the .,,at of a destruction or damage of the leased promises Including the park.
Ing area (if a parking area is a Pell of the subject matter of ibis [sale) so that Tenant is not able to conduct its business on aha pramisas
cor
the fhen currant legal use for which Ills premises are being used end which damages cannot be sopa;red within sixty 1601
days this lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shell be effected by written
notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within
tan10) days after such notice issues, and each party shall be released from all future obligations hereunder. Tenant
paying rental pro rale only to the data of such destruction. In the event of wrk, lermiaalloa of [hit loose. Landlord at its option. may rebuild
or not, occording to its own wishes and needs.
of the
es
demnod
taken by a comp MNAateril eullhhlorltyl for any public or OF
es AWARDS. Should %purpoho, each early se whole or any halllbe entitled rtodWait.lsas iitts ownn property,
any award payable to it. Or in the event that a single entire award ;s mad, on account of the condemnation, each party will than be on.
filled to lake such proportion of said award as may be fair and reasonable.
(b) DATE OF LEASE TERMINATION, II the whole of the demised promises shell be to condemned or lalan. the Landlord shall not be
lia6to to the Tendril except and as its rights are preserved as in paragraph I41a) above.
15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF
DEFAULTS. This lease shell terminate upon expiration of the demised farm; or if this lease expressly and in writing provides for any oplie6
nr options, and if any such option it exercised by the Tenant. than Ibis loose will terminate at the expiration of the option term or forms.
Upon default in payment of rental herein or upon any other default Irl Tenant in accordance with the terms and provisions of this lease.
this leafs may of the option of the Landlord be cancelled and forfeited, PROVIDED, HOWEVER, before any such cancellation and for.
failure except as provided in 15(b) below, Landlord shell give Tenant a wr;Ilan notice specifying the default, or defeulli. and slating that
this lasso will be cancelled and forfeited Ian 1101 days offer the givinq of such notice, unless such dafaull, or defaults, ala
remedied within inch grace period. (Sea paragraph 22, below.) At an additional optional procedure or as an allerna Nva to fho forogo;nq
land neither exclusive of the other) Landlord may proceed as in paragraph 21, below, provided.
(6) BANKRUPTCY OR INSOLVENCY OF TENANT. In the avant Tenant is adjudicated a bankrupt or in the event of a ludiciet sale or
other transfer of Tenant's leasehold intermt by rpason by any bankruptcy or insolvency proceedings or by other opa,allon of law, but not by
death, and such bankruptcy, judicial sola or transfer has net been vacated or tat elide within ton 1101 days from the giving of notice thereof
by Landlord to Tenant, then and in any such events. Landlord mey, at its option. immediately form;nefe this lease. re-enter said promises,
w
upon giving of len (10) days'rltlaa notice by Landlord to Tenant, all to the extent permitted by applicable law.
1c) In (a) and Jill eybwa, waiver as to any default shall nor com6tule a waiver of any subsequent default or defaults.
gale for) Acceptance the L to 1, advertising
n tisi 1 as raegnaatneb the
eIa lLandlord tis int the Tenenl's default shall be construed only at an effort to mill.
ages
by
16. RIGHT OF EITHER PARTY TO MANE GOOD ANY DEFAULT OF THE OTHER. If default shell be made by either party in the
performance or, or compliance with, cry of the forms. covenants or conditions of this lame, and well default thall have continued for thirty
to Ike
Jrwildadsb after
law,, may, bulritten notice
need thereof
not, from
pe form Pah yterm. covenant tea oed;lionmn 9 orr make good such default andother
a,eareciat flow or ny amount advanced shell
P Y Y�
be repaid forlhwll4 an demand, together with intaratl at the rale of 9 —% per annum, from date of advance.
17. SIGNS. (a) Tenant shell have the right y ndll,he ordinances of site
widod only (1) that any and all signs shall comply
Pawl of the Stale of Iowa: 121 such '!gas shall not change the structure
damage the building; and 14) such signs thall be sublect to the wrillan ep
withheld.
(61 Landlord during the last ninety 1901 days of this leets, or edanslon. shell have the dghl to ma;nlain in the windows or an the build.
Ing or on the premises either or both a "For Real' or "For Sale" sign and Tananl will permit, at wits lime, PO&POO:Ye tenants of buyers to
enter and examine the premum.
18. MECHANIC'S LIENS. Ne;thar the Tananl nor anyone claiming Ly, through, or under the Tenant, shall have The right to file or
place any mechanic's lien or other lien of any Itnd or character whatsoever, upon told promises or upon any building or improvement there•
on, or upon the leatahold Interest of Ibis Tenant therein. and notice is hereby given that no contractor- so contractor- or anyone also who
may furnish any malarial, IoNiee or labor for any building, !%ovamenl 1. alteration, rape;,, or any Pell thereof, shall at any time be ar become
and l!ed to any Ivan thereon, and far the further security of l e Landlord, the Tenant covenants and agrees Is give actual notice thereof It
advance, to any end all contra class and tub con l,acIon who may furnish or agree to furnish any such me Niel- prvtte at la bar,
19. LANDLORD'S LIEN AND SECURITY INTEREST. la) Sale] Landlord shell fain, in addiNcn to Ike Zinn g'ves by law, a tocurily
inle,ed as prwided by the Uniform Commercial Cede of Iowa, upon all personal properly and all subs%;luliom finisher, kept and used on
said promises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by This Hose far Iho recovery of seat.
or for forminal;on of this lease because of Tenant's default In !it performance.
for Ike
Baru
(b) SPOUSE. pefrsonalP,ls not 0 opuly and wail/ngarthe ights ofhometo d. 191, of d;tlil the
Y It'", far
be
ale pwpn:e of creating e
20. SUBSTITUTION OF EOUIPMINT, MERCHANDISE. ITC. la) The Tenant %hall have the right, Iran time to time, during the farm
of this lease, or renewal thereof, le sell or olherwbe dispose of oily personal properly of the Tenant %iluated on Ib laid demised pronhas,
when in the Iudgmmt of the Tenant it ,hall have become obsolete, outworn or unnecessary In connection with the operalion of Iho busines,
on said p(emises: provided, however, that the Tenant shell, In loch Instance (unlet, no substituted elllcte or Item Is necessary) at Ill awn
aspense, substiluls for such Items of pasanel properly to sold or otherwise dispmad at. a new or other item In subttilul;on thereof, in Iib
at greeter value and adapted to the effliod operation of the budnest upon the dorsi premuefu
lb) Nothing harain contained shall be wastrued as denying to Tenant The right to dispose of Invnnlodld mucbnd;n in Ike ordinary
cootie of the Tenant's trade or budnea.
L, NIIM tall �y 1M IMx ala, Yv MN.IMIM. rMNewMe or
NY
self r.. . rrw. Nal w� Mrl Mr ill �1 lel, Inw rex e1 e�eY1x11M. / : /'rl
arson., w,IM„1 Nrel11.xa, a wl,nnY. IiM YY Nwf a1N, av
13)
king. affixing, painl;nq or exhibiting t;gns on the leased promises.
of the city or municipality in which the properly It located and the
or the building; (0) such signs if and when talon down shall not
preval of the Landlord, which approval thall not be unreasonably
ADDENDUM
I
27. Options to Renew: Tenant shall have the option to
renew this lease for three (3) two (2) year periods
upon the same terms and conditions except for adjust-
ments in rental as hereinafter set forth, provided
that Tenant is not in default hereunder and provided
Tenant gives written notice to Landlord 60 days prior
to the expiration of each two year lease term of their
intention to exercise such renewal option.
A) During each of the option periods commencing
December 1, 1988, December 1, 1990 and December 1,
1992, the monthly base rental shall be adjusted
for any increase in the United States Bureau of
Labor Statistics Consumer Price Index, all items
and major groups figures for all urban consumers
(1967=100) (hereinafter called the Index).
B) The monthly rental shall be adjusted pursuant
to the provisions of the preceding paragraph, by
a percentage equal to the percentage increase in
the Index for the months of November 1988, 1990
and 1992 over the Index for the month of November
1986.
C) In no event shall the monthly rental be decreased
below $507.29.
28. The monthly rental shall be adjusted to establish a
new base rental to be effective as of December 1,
1986, by increasing the old base rental of $325.00
per month by the percentage increase in the Index
for the month of November 1986 over the Index for
the month of November 1978.
29. Regardless of the provisions of paragraph 9 hereof
the Tenant shall have the right to sublet a portion
of the premises to the Super Cab Inc. without the
prior written consent of the Landlord.
a
t�
k
G
6
C
47
I�
RESOLUTION NO. 86-230
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
i OF COST FOR THE CONSTRUCTION OF THE CURB WIP INSTALLATION PROJECT - SDMER
inac
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project was published as
required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby approved.
2. That the amount of bid security to accompany each bid for the construction
of the above-named project shall be in the amount of ten percent (10%) payable to
Treasurer, City of Iowa City, Iowa.
3. That the City Clerk is hereby authorized and directed to publish notice for
the receipt of bids for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city not less
than four (4) nor more than twenty (20) days before the date established for the
receipt of bids.
4. That bids for the construction of the above-named project are to be received
by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center,
until 10:30 A.M. on the Sth day of Aufust , 1986 . Thereafter, the
bids w e opene y the Cit�Tneer or Ms es gnee, and thereupon referred to
the Council of the City of Iowa City, Iowa, for action upon said bids at its next
meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m.
on the 12th day of August 1986
It was moved byand seconded by Zuber that the
resolution as read be a opte an upon roll call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
X
Baker
X
Courtney
X Dickson
_
X
McDonald
X Strait
X Zuber
Passed and approved this 15th day of July 1986 .
YOR
ATTEST: 2r. 25de,2
CITYGITY CLERK
EeEdO
nt
Ap l
fit,ca/o/8G
/ai 2
I
Ri
T
RESOLUTION NO. 86-Z31
RESOLUTION APP
IAOVING PLANS, SCSUEONPADSTIMATE
OF COST FOR THE CONSTRUCTIONOFTHE NORTH DUBOROAD IMPROVEMENTS
PROJECT
ESTABLISHING AMOUNT OF BID stUUM n lu mum'" ^ -'-
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS
WHEREAS, notice of public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project was published as
required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
the co1. That the nstruction oflthe,above-namedionsform contrct, and project are herebyaestimate of cost for
approved.
2. That the amount of bid security to accompany each bid for the construction
of the above-named project shall be in the amount of ten aercent(10%) payable to
Treasurer, City of Iowa City, Iowa.
3, That the City Clerk is hereby authorized and directed to publish notice for
the receipt of bids for the construction of the above-named project in a newspaper
published at least once weekly and having
circulation
he date it the citornthless
than four (4) nor more than twenty ( ) Ys
beforereceipt of bids.
4. That bids for the construction of the above-named project are to be received
civic Center,
by the City of Iowa City, Iowa, at the office of the City Clerk,1986 . Thereafter, the
until 10:30 A.M. othethe
City5th
Eng�neer or is esAugust
nee, an thereupon referred to
bids A a opene y
the Council of the City of Iowa City, Iowa, for action upon said bids at its next
986Civ is Center, Iowa City, Iowa, at 7:30 p.m
meeting to be held at the Council Chambers .
on the 12th day of August _
It was moved by —Courtney
and seconded by Strait that the
a
resolution as read be opte , and upon 1011 call there were:
AYES: NAYS: ABSENT Ambrisco
X�_ Baker
Courtney
Dickson
X McDonald
X Strait
X Zuber
19 86
Passed and approved this 15
day of July .
O/,da.
Ly�—� .,a YOR
I
ed L Ap vea
ATTEST: 22, RK Y �— mel =nl
j �n rrw•w l%ZS`�Blo
/OR A t
6FIA
11
City of Iowa City
MEMORANDUM
Date: July 11, 1986
To: City Council.
From: iEfi"SChmeis`er ` ��
Re: North Dubuque Road Improvement
At the July '1 meeting of the City Council, the Council asked that the staff pro—
vide copies of previous minutes and memoranda explaining why the reconstruction of
North Dubuque Road had been scheduled for improvement this fiscal year. After
considerable research by staff, following is a presentation of the chronology
leading to your consideration of this project.
The reconstruction of North
Improvements Program project
capital improvements program
design of the project was to
(presumably in the summer of
Dubuque Road was initially submitted as a Capital
in late 1983 or early 1984 to be included in the FY85
(see attached description of the project). As noted,
occur in (fiscal year) 1986 and construction in 1987
1987).
A new subdivision was proposed north of North Dubuque Road which prompted the
discussion of the extension of Foster Road as a major or secondary arterial street
from Prairie du Chien -Road to North Dubuque Road. In February and March of 1985,
there was considerable discussion concerning six alternative configurations for
the intersection of Foster Road with North Dubuque Road (see attached memoranda
from Karin Franklin, dated January 18, 1985, and from James Brachtel, dated Febru—
ary 7, 1985, and minutes of a Council meeting held on March 5, 1985). There was a
referral to the City staff after the March 5 Council meeting instructing it to
"move Old (North) Dubuque Road paving to FY86 in CIP" (see attached list of pend—
ing Council items). While the staff can find no specific instructions by the City
Council to move this project up in the Capital Improvements Program, the staff can
only assume this was Council's request as a result of the discussion at this
meeting and the referral.
On April 8 and April 9, 1985, the alternatives for the intersection of Foster Road
with North Dubuque Road were again discussed and the City Council officially
turned down a proposed resolution adopting the second alternative as was presented
in the memorandum dated January 18, 1985, from Karin Franklin. In the minutes of
the April 8 informal meeting (see attached minutes), please note that Councilman
Ambrisco is reported to have said that "the Council should continue with plans to
Improve Old (North) Dubuque Road."
As a result of the referral to the staff as noted in the list of "pending Council
items, the Engineering Division amended the Capital Improvements Program the
subsequent year to move the project up for construction in FY86. As near as the
staff can tell, the Council did not discuss the reconstruction of North Dubuque
Road in discussions on the FY87 Capital Improvements Program since it was not a
new project, having been discussed with the previous year's Capital Improvements
Program.
bj4/8
/;I la
T 1
I
-1
DUBUQUE ROAD IMPROVEMENTS
DESCRIPTION OF THE PROJECT
This project will involve the construction of a new 28' wide paving with curb from Highway ail north to the
HyVee Driveway and widening to 28' wide with asphalt overlay continuing north 1100► feet including required
storm sewer and sidewalk. The existing paving is only 18' in width, This project will provide for proper
storm drainage and street width to carry increased traffic volume due to development. Also, the area along
the HyVee is in need of repair. i
Sidewalks are frequently funded by special assessments. The City can fund the road improvements with General
Obligation Bonds. I
i
RELATIONSHIP TO THE COMPREHENSIVE PLAN AND/OR JUSTIFICATION
Not addressed.. It 1s the City's policy to provide motorists with quality and safe driving facilities.
i
FUTURE YEAR BUDGET IMPACTS
Normal maintenance costs will be required, but will be reduced from what is required now.
YEAR $ • SOURCE OF FUNDING w
Prior 85
85
86 3,000 GO
87 143,000 GO/SP
8889
After 89
TOTAL 146,000
207
I.
I
City of Iowa C `ty
MEMORANDUM
Date: January 18, 1985
To: City Council
From: Karin Franklin, Senior Planner
Re: Bristol Drive/Old Dubuque Road Intersection
a
At the Council meeting of December 17, 1984, a request was presented on
behalf of Dean Oakes for reconsideration of the Bristol Drive/Old Dubuque
Road intersection. Members of the Council reiterated their concern that
the road leading north from Old Dubuque Road, known as Foster Road, not
become a beltway. The consensus of the Council was to look at possible
alternatives to the wide radius turn option in which Foster Road flowed
into Old Dubuque Road east of Bristol Drive. The staff was directed to
meet with interested property owners in the area and to evaluate each of
the alternatives for a future Council meeting.
On January 11, 1985, the people listed at the end of this memo met with
the staff to discuss the four alternatives presented to the Council.
Property owners on either side of "Foster Road" expressed their desire to
not lose significant portions of their property to road right-of-way.
Residents of Bristol Drive expressed concern regarding existing congestion
of Bristol Drive and the desire to prevent increased traffic on their
residential street. Mr. Oakes suggested alternative A5 which uses a
typical T -intersection for "Foster Road", Old Dubuque Road and Bristol
DPive but incorporates a median which prevents through traffic between
Bristol and "Foster Road" and allows only right hand turns. Alternative
#6 is an additional staff suggestion which has been reviewed by the
Traffic Engineer, the Director of Public Works and the Planning staff.
Evaluations of each of the alternatives in terns of cost to the City,
present and future traffic flow, and the impact on existing properties are
presented below.
Costs are based on an assumed per acre land cost of $20,000, current
paving costs of $100 per lineal foot of concrete for a 28 foot wide street
(local), $110 per lineal foot of concrete for a 31 foot 'wide street
(collector), and $25 per square yard for median or cul-de-sac construc-
tion. Since Mr. Oakes may be able to purchase property to the west of the
existing telephone easement lane, land costs include only that property
which would need to be acquired from Dr. Kennedy, to the east of the lane.
to theapityawithethehCityrpayingsfor will
paving over 28 feetnindwidth. All
costs are estimates and are for comparison purposes only.
/tqatf
T
i
i
A ltnrnalive 11
Cost: $206,600
The high cost of this alternative is attributable to the cost of improving
Old Dubuque Road from the point at which the northerly road would join it
to Highway 1 (c. $160,000). This easterly portion of Old Dubuque Road is
presently unpaved.
This design would provide easy access west and east so that Bristol Drive,
although accessible, would not be the most attractive access point to
Highway 1.
This alternative has a significant impact on Dr. Kennedy's property by
requiring the acquisition of nearly one acre of his property.
Alternative 12
Cost: Approximately $28,600
Traffic flow from Road "X" to Bristol Drive would be impeded but not
prevwesnted t would by
beh required toehicle stop atavOldn Dubuque Road, south on turn right Land
accelerate before deciding to again turn left onto Bristol Drive. At some
Point Old Dubuque Road east of Bristol Drive may need improvement to
discourage eastbound traffic from using the improved surface of Bristol
Drive.
Land acquisition from the property owner east of Road "X", Dr. Kennedy,
would be required. Property owners on Bristol Drive may experience more
through traffic.
Alternative /3
Cost: $25,800
Again as with Alternative 12, traffic flow from Road "X" to Bristol Drive
would be impeded but not prevented by the jog. At some point Old Dubuque
Road east of Bristol Drive may need improvement to discourage westbound
traffic from using the improved surface of Bristol Drive. Land acquisi-
tion from the property owner east of Road "X", Or. Kennedy, would be
required. However, less land would be necessary than that required for
Alternative 12. Property owners on Bristol Drive may experience more
through traffic.
Alternative 14
Cost: $14,900
i Traffic from Road "X" is more likely to flow directly to Highway I via
Bristol Drive
ny of the
er. If frther
development towithe tnorth ewere tont kehplace, traffic hons
BristoluDrive
could increase significantly.
/0101 f
q
The impact on the properties to the east and west of the lane will he
minimal compared to the other alternatives. However, the impact on the
residences on Bristol Drive could potentially be significant if develop-
ment beyond Mr. Oakes' proposed 22 dwelling units were to take place and
if traffic chose Bristol Drive as the preferred route.
Alternative M5
Cost: $15,725
A median has been suggested by Mr. Oakes as shown. This alternative would
prevent traffic from flowing from Road "X" to Bristol Drive. Traffic on
Old Dubuque Road would be restricted from any left hand turn movement at
this intersection. In the future, if further development were to take
place to the north, removal of the me-ian would be recommended to handle
the increase in traffic. Widening of Old Dubuque Road to accommodate the
median would be necessary; this cost is not included in the total.
In the short term, the impact of this design on Bristol Drive residents
would be negligible. In the future, however, problems would no doubt
arise if the median were to be removed after residents of Bristol Drive
grew to depend upon its presence.
Alternative I6
Cost: $34,900
Bristol Drive would handle only the residential traffic on the street.
Through traffic from Road "X" or Old Dubuque Road would be impossible.
Old Dubuque Road would handle all present and future traffic from Road "X"
and would require improvement to the east at some point.
No negative traffic impact should be felt by the residents of Bristol
Drive. There would be only one access point to these residences; the
cul-de-sac would extend approximately 1100 feet, 200 feet beyond the
City's 900 foot limit. However, development of this area is almost
complete and consists of 16 single family residences. Secondary access to
Bristol Drive may not be necessary.
The material presented to the Council is being forwarded to all residents
of Bristol Drive and to the people listed below.
cc: Dean Oakes
Kay & Kent Ackerson, owners of property on N. Dubuque Road
Dr. J. R. Kennedy, 1811 N. Dubuque Road
Joey Braverman, 1425 Bristol Drive
Nick Cilek, 1510 Bristol Drive
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ALTERNATIVE 82 -INTERSECTION AT N. DUBUQUE ROAD,
125' EAST OF BRISTOL DRIVE
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ALTERNATIVE p -INTERSECTION AT N. DUBUQUE ROAD
100' EAST OF BRISTOL DRIVE
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TIVE #4 INTERSECTION AT BRISTOL DRIVE
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ALTERNATIVE B5 INTERSECTION AT BRISTOL DRIVE
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city of Iowa City
MEMORANDUM
Date: February 7, 1985
To: Charles Schmadake, Director of Public Yorks
From: James Brachtel, Traffic Enginear.36
Re: Bristol Drive/old Dubuque Road intersection
The City Council his received Its alternative configurations for the inter -
intersect
Of Fostw Road with old Dubuque Rad and Bristol Drtre. This
intersection will be part of a collector street systw connecting Prairie du
Chien Rad to old Dubuque Road and Highway 1, A collector system between
Prairie du Chien and Iowa Highway 1 will be a desirable elemant as develop•
mart aeon.
Alternate I is the most desirable configuration for the roveaant of traffic.
It provides a smooth link between Foster Road and old Dubuque Road (it would
tend to maintain the Current traffic characteristics on Bristol Drive),
Alternates 2, 3 and 1 are very stellar from the Perspective of providing Iw
traffic flow between Prairie du Chien owed Iona erspet ve Of the three,
alternate A would add the most traffic to "atol Ori"- Alternates 2 end 3
mon ►estw Raad would tend to make Bristol
betty en t rod 3 are ery fine boonvConside~nd
fro the prospective of traffic flow.
Alternate five would be a poor choice Geed on traffic flow considerations.
it would force all traffic southbound on Foster Road to right turn Onto old
Dubuque bad. This will be contrary to
between Prairie du Chien Road and jowl Highwathe typical collector maveawnt
Y 1.
Alternate 6 would be similar to Alternates 2, 3 and 1 from the perspective of
`
raff9c fiow. Esst-west traffic would be required to execute turns greater
This is undesirable fro a collector street systm Perspective.
From the Perspective of traffic flow along a Collector system, Alternate I is
thisPreferred
etter pleasedon't hesitald te toou contactquestions or Comments regarding
bit/9
m `t?A
7%i:1�L' ✓� �%i
In response to Ambrisco, Helling said the airport plans are outlined in R8 of
the working draft. McDonald stated Council commitment to the airport still
stands.
Old Dubu ue Road/Bristol Drive/Foster Road Reel 85-C25, Side 1
Franklin stated Dean Oakes is not willing to acquire the necessary property
from the Ackersons to construct an alignment which would go west from a
northerly road, north of Bristol Drive and west to North Dub
now
ue reauiresd. tacf
now recommends alternative 02 which includes a 125 foot jag q
quisition of some of Dr. Kennedy's property. Berlin noted that the City
Manager's office, Public Works, Traffic Engineering and Planning Departments
ableurtowth irespondrntoive the 12recommendation
whenFranklin
contactedsaid
but is willing ntot
continue discussion.
Franklin explained that secondary access is required when a development
contains 29 units or more or when a street extends longer than 900 feet. A
road will be necessaryat some time to provide for future development to the
north of the proposed development and south of I-80.
In response to Strait. Franklin said the 125 foot jog between "Foster Road"
and Bristol Drive will be a day d eandv widenedeto le 28 feet.to drive
In on responseristol ato
North Dubuque Road will be p
divisi esrwhensthey reach tated the is certain has a sizey olicrBerlinnsaidcifdCouncilaccess
decidessub-
to
chane that at the
cations are for
thatg
gchange inithe�policy, ascit relates ctosfuture ider hsubdivisioi
ndevelopment and
secondary access.
Council informally agreed to the alternative /2 recommendation. Franklin
he revious
policyt
tand adopt altern tiveoi2. Cakesn to iscexpect d toil which lsubmit datsubdivision
Lsaid
pproval by the Planning and Zoning Commission and Council. Ambrisco
il giveseitsoapprooalMr. Kennedy should be brought to Council before
I
11
Financial Policies for the Operating Budget Reel 85-C25, Side 2
I Vitosh said the policies have been followed for years and are now being
formalized. Vitosh requested Council to approve the policy by a motion at
their next meeting. In response to Strait, Vitosh said idle funds are funds
in checking account and in non-interest bearing accounts. Ambrisco inquired
about cash flow requirements. Vitosh explained that in the proposed budget
the ending fund balance has been increased but it does not yet meet 100% of
cash without resortinghto shortetermy borrowing in innpt to responseto
needs to cover
cash
Strait, Vitosh
said all City employees are bonded. Larger bonds are carried on the Finance
Director and City Treasurer.
Vitosh noted changes in the written policy and recommended that fees and
charges be reviewed annually or biannually.
lAoRl
I
-T
I
Informal Council Meeting
)ATE:_Math PENDING COUNCIL ITEMS
W
�
c�
Ncr
SUBJECT
9�
REFIRED
DpUTE
a
o
COMMENTS/STATUS '
¢
az
W ¢
a
License Suspension
Policy
y
3-5
Legal
When will this be ready for
Council?
Kirkwood/Dodge Signals and
3-5
Public Nor
s U1
Informal Council discussion. When
Traffic Patterns
Q��
1
Te�
will material be ready for Council?
Existing Industry
3-5
City Mans
r
Convey Council position to support
existing industry to F.C.D.I.
Iowa -Illinois Franchise
3-5
Legal
Will this be ready for neat agenda?
Bristol Drive/North Dubuque
P o rnative N2.
Move 01d Dubuque Road pav ng to
lL.l�
Road/Foster Road
3-5
P&PD/
Finance
6M . k
—
FY86 in CIP.
IRB Area - Ambrisco
3-5
PAPD
Does Nagle building across from
Courthouse qualify for IRBs?
Legislative issues
3-5
ACM
Set up meeting and proper* written
11
materials.
Send information to Council.
Mobile Home Parks
3-5
City Cier
Airport Board of Adjustment
3- 1
—T—
ra a er from Mayor o air o
Rnard of Adi11OMAO M. .�-�����
6q.
Milkman said the Planning and Zoning Commission recommended that the
Council advise the Johnson County Board of Supervisors that the applica-
tion for the rezoning is found to be inconsistent with the Johnson
County/Iowa City Fringe Area Policy for Area 4 as the policy is cur-
rently written. Franklin said the County Zoning Commission had deferred
action until after the Fringe Committee met; a letter that will be sent
to the Board of Supervisors will state the City Council recognizes that
this is currently being considered by the Johnson County/Iowa City
Fringe Area Policy Committee; and that the Planning and Zoning Commis-
sion has suggested further that the development policy for Area 4 be
reevaluated to allow non-farm residential use along Rapid Creek Road
with consideration given to the need for access in the future to
interior parcels.
' BRISTOL DRIVE/NORTH DUBUQUE: Reel 85-C32, Side 1
Dr. Kennedy stated his opposition to any street alignment which routes the
street through his property. Kennedy said that his property is not the
appropriate place to build Foster Road; there is no valid reason to condemn
his property when the adjoining property, the Acker sOno So is for sale; the
alignment would substantially change the character of his property and
destroy the grove along the frontage; the Kennedys may want to build a small
"grandpa" house in the future; traffic on Foster Road will want to go west
towards town and an easterly jog would not serve that purpose; and an
easterly jog would put traffic onto the easterly portion of N. Dubuque Road
and create traffic hazards. Kennedy suggested that the developer delete one
or two lots so there wouldn't be a need for a secondary access road and
Foster Road should be aligned in a westerly direction.
McDonald asked Dean Oakes if he had stated he would never develop more land
stabehind the tement, it r would takoosed e 20 years atosdevelop the stated he darea,o andthe economics
think that
development would need to change for development to take place.
Franklin stated the 125 foot jog to the east appears to be the least costly
an Mr. Oakes was willing to participate in the cost of that road. Oakes said
when he originally sold the Ackerson farmhouse, there were no City restric-
tions regarding access; he currently has no agreement with the Ackersons to
purchase their property; and he has spent ten years trying to find out the
alignment of Foster Road from the City.
Council discussed the resolution adopting a preferred alignment for Foster
Road, the developers participation in the costs, and future development of
the area if Mr. Oakes only develops 22 units now. Berlin inquired about
enternintocontribution inathe gfut re wouldhbe no lessMr. akesthan ifthatwtheouldroadvwere put inanow.
Franklin pointed out that the recent legislation regarding agreements with
developers
Erdahlstated itordinance
rezone approve
thateven ifCo ncil doesn'tadoptho
epreferredeallignmentefor
Foster Road, there will be the same problems with future development.
/A*k8'
+Ambrisco said the Council should continue with plans to improve Old Dubuque
Road. Erdahl inquired if Oakes only developed 22 units, if providing for an
easement for secondary access could be a stage of the planning process.
Franklin said providing for an easement for secondary access cannot be tied
into future development and, with future development, the Council would be
faced with amending the policy for secondary access, condemning land, or
persuading the developer that the developer would have to provide the
secondary access totally at his own cost. Erdahl inquired if the City could
purchase an easement for secondary access from the Ackersons. Baker inquired
about future secondary access. Franklin explained that the developer is
required to provide the secondary access.
McDonald expressed his reluctance to leave the decision for provision of
access to a future Council. He stated, however, that he could not advocate
.condeming Mr. Kennedy's property at this time and suggested that the Council
do nothing.
Berlin said if the Council votes to reject the resolution, the City will
assume that Oakes can proceed with the 22 lot development.
LCouncil informally agreed to reject the resolution adopting a preferred
alignment for Foster Road at its intersection with North Dubuque Road near
Bristol Drive.
i PARCEL 65-2b: Reel 85-C32, Side 2
Cain noted that the developer's proposal and design plans meet the bid
requirements as set out in the Prospectus and offers the minimum bid price of
$10,500 for the parcel. Council received the April 3, 1985, memo from Cain
containing a staff evaluation of the proposal. Cain introduced Attorney Phil
Mears and Bill Nowysz, architect for the project.
Nowysz presented the site plans and proposed west face for the Paul -Helen
Building. In response to Strait, Nowysz said there would be an entrance to
the alley. Nowysz said the west face will have a brick veneer with windows
on the second and third floor, and they plan to utilize a reclaimed entrance
from the University old armory building. Baker raised concerns about
problems with graffiti on the ground floor walls. Nowysz explained windows
are not necessary for the present use and there will be a planted area along
the ground floor.
Berlin said the mini -park will not be reconstructed this year, the developers
have_a commitment to work with the City on the final design plans of the
mini park, and there have been preliminary discussions that the use of the
mini -park may change with the development of the parcel next to the hotel.
Cain stated that no decisions have been made about the final design of the
mini -park.
In response to Strait, Cain explained that the developer is required, as a
condition of the bid, to pledge $5,000 worth of services towards the redesign
of the mini -park and the City has already budgeted money for the redesign and
construction of the mini park.
,A ADF
'r - 1
Council Activities
April 9, 1985
Page 6
was a sensitive area in Iowa City and that a better subdivision could be
submitted in a few months with revised PAD and PDH requirements. The Mayor
declared the resolution adopted, 6/1, with the following division of roll
call vote: Ayes: Dickson, Erdahl, McDonald, Strait, Zuber, Ambrisco. Nays:
Baker.
Ecdplefeated
ed by Ambrisco, seconded by Dickson, to adopt a resolution adopting a
ed alignment for Foster Road at its intersection with North Dubuque
ar Bristol Drive. The Mayor summarized informal Council discussion of
vious evening and stated the developer has agreed to develop the area
he amount requiring a secondary access. Therefore, no road will be
as proposed by the resolution. The Mayor declared the resolution
unanimously, 0/!7, all Councilmembers present.
Moved by Ambrisco, seconded by Baker, that the recommendation of the
Planning and Zoning Commission regarding a request to rezone two acres north
Of Rapid Creek Road and approximately 1.3 miles east of Highway 1 in Johnson
County from A-1 to RS, is found to be inconsistent with the Johnson
County/Iowa City Fringe Area Policy for Area 4 be forwarded to the Bd. of
Supervisors. The Mayor declared the motion carried unanimously, 7/0, all
Councilmembers present.
A public hearing was held on plans, specifications, form of contract, and
cost estimate for the Groundwater Cut-off Trench, Iowa City Sanitary Landfill
Project. Public Works Director Schmadeke explained the project would take
care of the problem on the north 35 acres and that the south 35 acres had not
experienced the leachate problem. Councilmembers discussed the cost of the
project and the impact of State legislation on the future of the site. The
City Manager asked that his memo of 4/5/85 be included as part of the public
hearing. Dickson noted the project was necessary because of State regula-
tions but no money was being received from the State.
Moved by Strait, seconded by Ambrisco, to adopt RES. 85-87, Bk. 85, p.
222, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND COST ESTIMATE FOR
THE GROUNDWATER CUT-OFF TRENCH, IOWA CITY SANITARY LANDFILL PROJECT AND
AUTHORIZING BIDS TO BE RECEIVED APRIL 30, 1985. Affirmative roll call vote
unanimous, 7/0, all Councilmembers present. The Mayor declared the resolu-
tion adopted.
A public hearing was held on plans, specifications, form of contract, and
cost estimate for the Outfall Relief Sewer Rehabilitation Project. Public
Works Director Schmadeke explained the project involved replacing early
1900's systems throughout the City. Darrell Lamb, Director of Engineering at
Mercy Hospital, appeared and clarified the schedule for street closings
around Mercy.
Moved by Strait, seconded by Ambrisco, to adopt RES. 85-88, Bk. 85, p.
223, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND COST ESTIMATE FOR
THE OUTFALL RELIEF SEWER SYSTEM REHABILITATION PROJECT AND AUTHORIZING BIDS
TO BE RECEIVED APRIL 30, 1985. Affirmative roll call vote unanimous, 7/0,
all Councilmembers present. The Mayor declared the resolution adopted.
/,Q;t
I
i�
i
I
RESOLUTION NO. 86-232
RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT AND
SIGN AN OFFER TO SELL FROM QiARIES AND MARIE RUPPEAT OF IOWA CITY, IOWA
W4iEREAS, the City of Iowa City desires to realign the intersection of
North Dubuque Road and Dodge Street, and,
f WHEREAS, 1,171.31 square feet of additional right of.way is required I
to accommodate said realignment, and,
WHEREAS, Charles and Marie Ruppert of 1406 North Dubuque Road, Iowa
j -sell the required 1,171.31 square feet to the
City, Iowa, have offered to
City, I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the Mayor is hereby authorized to accept and sign an j
Offer to Sell from Charles and Marie Ruppert.
and seconded b Strait
It was moved by Zuber Y
that the so ution be adopted and upon roll calT t ere were:
i AYES: NAYS: ABSENT:
i
_ Ambrisco
R Baker
i
�— Courtney
I —7- Dickson
McDonald
—� Strait
Zuber
Passed and approved this 15th day of July , 1986.
i
ATTEST:
i
bred d APP
'A
OFFER TO SELL
PARCEL N0.
PROJECT North Dubuque Road ImprovementsPro'ect
STREET North Dubuque Road
Page 1
THIS AGREEMENT made and entered into this day of
A.D. 19 86 , by and between Charles W. Ihipper� d Marie E. RuppeFE-,'
eller, an the Ctty of owa t y, owa, Buyer.
I. SELLER AGREES to sell and furnish to Buyer a deed, on form(s) furnished by the
Buyer, and buyer agrees to buy the following real estate, hereinafter referred
to as the premises, situated in parts of the following (1/4 1/4
Sec:/Twp./Rge.)
e rollowing buildings,
The premises also includes all estates, rights, title and interests, including
all easements, and all advertising devices and the right to erect such devices
as are located thereon. SELLER CONSENTS to any change of grade of the street
and accepts payment under this contract for any and all damages arising there-
from. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all
claims per the terms of this contract and discharges the Buyer from liability
because of this contract and the construction of this public improvement
project.
2. Possession of the premises is the essence of this contract and Buyer may enter
and assume full use and enjoyment of the premises per the terms of this con-
tract. SELLER GRANTS Buyer the immediate right to enter the premises.
3. SELLER AGREES to grant the right of possession, convey
title and to surrender physical possession of the premises as shown on or
before the dates listed below.
Agreed Performance
right of possession July 1. 1986
conveyance of title July 1. 1986
surrender of possession Jud 1. 1986
possession and conveyance July 1, 1986
BREAKDOWN: ac. = acres
sq,
ft. = square feet
Land by Fee Title
ac./sq,
ft.,
;
Underlying Fee Title
ac./sq,
ft.,
;
Permanent Easement
ac./sq.
ft.,
$
Temporary Easement
ac./sq,
ft.,
;
Buildings 6 Improvements
$
i Fence rods woven
;
-----
Fence rods barbed
$
Date
Damages for ----- $
As consideration for said conveyance, Buyer agrees to pay SELLER $1.00 and other
good and valuable consideration, including the paving of two driveways as set
forth in paragraph 10 hereof.
Nage e.
4. SELLER WARRANTS that there are no tenants on the premises holding under the
lease except:
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution
by the Buyer, we, the undersigned claimants, certify the total lump sum payment
shown herein is just and unpaid.
5. Each page and each attachment is by this reference made part hereof and the
entire agreement consists of four 4 pages.
6. This contract shall apply to and bind the legal successors in interest of the
Seller and SELLER AGREES to pay all liens and assessments against the prem-
ises, including all taxes assessed and payable at the time of delivery of the
conveyance, and agrees to warrant good and sufficient title. Name and ad
dresses of lienholders are:
7. Buyer may include mortgagees, lienholders, encumbrancers and taxing authori-
ties as payees on warrants as contract payment. In addition tofthe
or tTotal
Lump
Sum, Buyer agrees to pay
he cost Of
adding title documents required by this transaction to Seller's abstract of
titl. If Of
IowaeCity, 410uE5 Washingt n St , Iowa LER uC ty ILL fuIowa h52240, an and abstract er to the i
abstract oftitle
continued to date showing merchantable title to the premises in Seller. Buyer
agrees .to pay the cost of abstract continuation and to return the abstract to
Seller. SELLER AGREES to obtain court approval of this contract, if requested
by the Buyer, if title to the premises becomes an asset of any estate, trust,
conservatorship or guardianship. Buyer agrees to pay court approval costs and
all mises to the
attorney rfees*. Claimssfor suchto ransfer transferthe costseshall be paid inyamounts supbut e
ported by paid receipts or signed bills.
8. If the Seller holds title to the premises in joint tenancy with full rights of
survivorship and not as tenants in common at the time of this contract, Buyer
will pay any remaining proceeds to the survivor of that joint tenancy and will
accept title solely from that survivor, provided the joint tenancy has not
been destroyed by operation of law or acts of the Seller.
9. This written contract constitutes the entire agreement between Buyer and
Seller and there is no agreement to do or not to do any act or deed except as
specifically provided for herein.
SPECIAL PROVISIONS:
10. The Buyer shell pave the driveways at 1729 North Dubuque Road and 1406 North
Dubuque Road with 6 inch thick non -reinforced portland cement concrete from
the edge of the street to the property line at no cost to the Seller.
/;OR f
all
SELLER: A�*, �I��V
arles W. Ruppert/—� .
Jul 1, 1986 _
—6Tarie Ruppert a e
STATE OF IOWA
SS:
JOHNSON COUNTY
On this 1st day of _ July A.D. 1986 , before me, the
undersigned, a Notary Public in and for the State of Iowa, County of Johnson,
personally appeared Charles W. Ruppert and Marie E. Ruppert, to me known to be the
identical person(s) named in and who executed the foregoing instrument and ac-
knowledged that they executed the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
; CO�MAQ VnN IXP Ms
ES
ACCEPTANCE OF OFFER BY BUYER: sememners,Iss7
^, r — `--
A EST -
July Date 1S 198
` City Clerk a e
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 15th day of 71113A.D. 1986 before me, the
undersigned, a Notary Public in an for the State of Iowa, personally appeared
William J. Ambrisco and Marian K. , to me pens onaTly
nown, w o, a ng y me u y sworn, say at ey are t e Ma or
and Cit Clerk , respectively, of said mun c pa corpora on
execu ng the w n an orego ng nstrument to which this is attached that the
seal affixed thereto is the seal of said municipal corporation; that said instru-
ment was signed (and sealed) on behalf of said municipal corporation by authority
of its Cit Council; and that the said 1Y�71�� and Marian K.
�yas such officers acknowledged the execu ono sa d ins rumen o e
eth voluntary act and deed of said municipal corporation, by it and by them volun-
tarily executed.
7
Notapy Public in and for said County and State
A Aprpr
IndzM
/� d4
DESCRIPTION OF PROPERTY: ,
All of that part of Lot 3 o.f Jacob Ricords Subdivision lying north of the highway and
also all of Lot 2 oJacob Ricords
the ME), of the
W� of Section
Township 79 North,Range6 Westof the Subdivision
to the 52�
survey
recorded in Book 15, Page 146, of the deed records of Johnson County, Iowa, excepting
that part .thereof conveyed to the State of Iowa and now used for highway purposes
across said real estate.
DESCRIPTION OF TRACT TO BE CONVEYED TO CITY:
Commencing at the NW corner of Lot 3 in Jacob Ricords Subdivision of the NE4 of the
SW< of Section 2, Township 79 North, Range 6 West of the 5th P.M., according to the
plat.thereof recorded in Book 15, Page 146, deed records of Johnson County, Iowa;
thence South 92.40 feet along the west boundary of said Lot 3; thence Northeast 31.45
78.03afeet toetherpointtofibeginning. 1ine of Said tracttofHlandacontains 11ence ,171. lNorthwest
square
feet more or less.
DESCRIPTION OF CONSTRUCTION EASEMENT:.
The Westerly 20' of the above-described tract.
Property Owner: Charles & Marie Ruppert
Address: 1406 Dubuque Road
1 EXHIBIT A /��'
-I
G
RESOLUTION NO. 86-233
vab-94
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST AN AGREEMENT FOR THE PROVISION OF ARCHITECTURAL
SERVICES WITH NEUMANN MONSON, P.C., ARCHITECTS, FOR THE DESIGN OF THE
IMPROVEMENTS TO AND THE RENOVATION OF CITY PARK POOL IN IOWA CITY.
WHEREAS, the City Council of the City of Iowa City did, with the assistance
of a Joint Swimming Pool Committee established by the City and the Iowa City
Community School District, study swimming pools needs within the community,
and did determine that a new joint swimming pool faciI ity should be
constructed at Mercer Park adjacent to Southeast Junior High School, and that
City Park Pool should be improved and renovated; and
WHEREAS, upon the recommendation of the Joint Swimming Pool Committee, the
City Council of the City of Iowa City did call a special election upon the
proposal to issue $3,715,000 of general obligation bonds to finance the
renovation of the City Park Pool Facility and to finance the City's share of
the construction of the joint pool facility at Mercer Park; and
WHEREAS, at said special election held on June 3, 1986, the electorate of
Iowa City approved the issuance of general obligation bonds for said pur-
poses; and
WHEREAS, an Agreement has been negotiated and prepared with Neumann Monson,
P.C., Architects, for the provision of architectural services in connection
with the design of the improvements to and renovation of the City Park Pool;
and
WHEREAS, this City Council has been advised and does believe that it would be
In the best interests of the City of Iowa City to execute and enter into said
Agreement for the provision of said architectural services, a copy of which
is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Agreement for the provision of architectural services by and
between the City and Neumann Monson, P.C. a copy of which is attached hereto
and by this reference made a part hereof, is hereby approved as to form and
content.
AND BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed
to execute, and the City Clerk to attest, said Agreement for and on behalf of
the City of Iowa City, Iowa.
Ma"
I
I
r -I
THE AMERICAN INSTITUTE OF ARCHITECTS
4`
AIA Document 8141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION i
L. AGREEMENT
made as of the day of in the year of Nineteen
Hundred and
BETWEEN the Owner: CITY OF IOWA CITY
410 EAST WASHINGTON STREET
IOWA CITY, IOWA 52240
and the Architect: NEUMANN MONSON, P.C.
226 SOUTH CLINTON STREET
IOWA CITY, IOWA 52240
For the following Project:
i(Include detailed description of Project location andscope.l
RENOVATION OF CITY PARK SWIMMING POOL AND CONSTRUCTION OF A NEW BATH HOUSE.
j
i
The Owner and the Architect agree as set forth below.
Cappilhl 1917, ISM, 1918, 1911, 1931, 1956. 1961, 1%), 1966, 1967, 1970, 1971, O 1977 6y the Amelun Intlllule
of ArchhetH, 1711 New Yad Minn, N.W„ Warhinpon, D.C. 2006. Reproduction al the malrctel herein ar
suhttanlDl quolailon of 11, prorlllont without permtttlon of the AIA vlaNtel the copy,shl laws of the United
Stales and will be subject to I<pl pmtt<uuon.
AIA DOCUMENT 1111 a OWNEAARCIIIIECT AGREEMENT a 111 TEENIH EDITION a JULY 116 a AIRS • Ro 190
THE AMERICAN INSTITUTE Of ARCHITECTS, 1715 NEW YOR AVENUE, NW., WASHINGTON, D.C. 2000E 81114977 1
611116111111
TERMS AND CONDITIONS OF AGREEMENTBETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services included i
in Article 15 as part of Basic Services.
1,1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other,SEE ON
FIT lit a ;44,1.1.3 The Architect shall review with the Owner alterna-
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5
tSlrL° I$:lD
12 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner in
the program or Project budget, the Architect shall pre-
pare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents
to fix and describe the size and character of the entire
Project as to architectural, structural, mechanical and elec-
trical systems, materials and such other erements as may
be appropriate.
12.2 SEE
1.3 'CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments and any further adjustments in the scope or qual-
ity of the Project or in the Project budget authorized by
the Owner, the Architect shall prepare, for approval by
The Owner, Construction Documents consisting of Draw -
Ings and Specifications setting forth in detail the require-
ments for the construction of the Project.
1.3.2 The Architect shall assist the Owner in the prepara-
tion of the necessary bidding Information, bidding forms,
the Conditions of the Contract, and the form of Agree-
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust.
ments to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
quired for
cSthe approval of governmental authorities hav-
ing 11.1riSUE onS h( the Project.
1,4 BIDDING OR the
PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist in
awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together with
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when final payment to the
Contractor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty days after the Date
of Substantial Completion of the Work, whichever occurs
first.
1.5.2 Unless otherwise provided in this Agreement and
incorporated in the Contract Documents, the Architect
shall provide administration of the Contract for Construc-
tion as set forth below and in the edition of AIA Docu-
ment A201, General Conditions of the Contract for Con-
struction, current asof the date of this Agreement.
15.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac-
tor shall be forwarded through the Architect.J4* AWi6
or
DA fa llaa�.ar�� ^�'rpa r^ rF., fnnlo.r Mr manic
ca•daala •uit 'p ag•, h c16 1 tJ Q 113
1.5.4 The Architect shall visit the site at intervals ap-
propriate to the stage of construction or as otherwise
agreed by the Architect iw.r ... 9 to become generally
familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord-
ance with the Contract Documents.111 ...... 1,. A,AI_ J��
H__. Lel
-.R. —slat be raq�ad t h rt' 4
wy at the site 6 Peahens Wslw`l ` i -1' it obse /.T1
�::r--.--_-.�_ On the basis of sue on-site o servo•
Hops as an architect, the Architect shall keep the Owner
Informed of the progress and quality of the Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1,5.5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the
Work, for the acts or omissions of the Contractor, Sub -
AIA DOCUMENT RIFT • 0%SNER•ARCHITECT AGREEMENT c 1111R'jIENIH 101110-N , JULY 1777 • ALAS 1 Q 17.7
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WARRINGTON, D.C. 2M 8141.1977 3
I%S0
-I
contractors Or any other persons performing any of the
Wr
eI
f3�f f/
1.5.6 The Architect shall at all times have access to Inc
Work wherever it is in preparation or progress.
15.7 ;he•Ape1*i4m &rail datRraa ne �a at
�Ef (? l(o
:again -ho...
sd- !he -me"
e
SSE' AT/
1.5.9
Ownpr and
,�Seg
'4W 4,ea 6"&W�ej�4efnemess IEA!I e emeetilion OF pFelIP891 AIL he
of !he CoMpael QeEWw*rA9r
cP+tuc
1.5.10
1.5.12 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, in the Architect's reasonable opinion, it is
necessary or advisable for the implementation of the intent
of the Con tract Documents, the Architecl.will have author-
ity to require special inspection or testing of the Work in
accordance with the provisions of the Contract Docu-
ments, whether or not such Work be then fabricated, in-
stalled or completed.
1.5.13 The Architect shall review and approve or take
other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable
promptness so as to cause no delay. The Architect's ap-
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for
the Owner's approval and execution in accordance with
the Contract Documents.
M RI
he
-%Zr l9
1.5.15 The Architect shall conduct inspections to deter-
mine the Dales of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and related documents
required by the Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Pay-
ment.
1.5.16 The extent of the duties, responsibilities and lim.
itations of authority of the Architect as the Owner's rep-
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con-
tractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more ex-
tensive representation at the site than is described In
Paragraph 1.5 shall be provided, the Architect shall pro-
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site,
1.6.2 Such Project Representatives shall be selected, em.
ployed and directed by the Architect, and the Architect
shall be compensated therefor as mutually agreed be-
tween the Owner and the Architect as set forth In an ex-
hibit appended to this Agreement, which shall describe
the duties, responsibilities and limitations of authority of
such Project Representatives.
1.6.3 Through the observations by such Project Repre-
sentatives, the Architect shall endeavor to provide further
Protection for the Owner against defects and deficiencies
in the Work, but the furnishing of such project represenla-
lion shall not modify the rights, responsibilities or obliga-
tions of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following Services are not Included In Basic
Services unless so Identified in Article 15. They shall
be provided If authorized or confirmed in writing by
the Owner, and they shall be paid for by the Owner
as provided in this Agreement, in addition to the
compensation for Basic Services,
AIA DOCUMENT NI • OWN(RARCHITICT AGREEMENT • 111IRTLINTH EDITION. JULY 1977. ALAR. 01977
4 8741.1977 111E MIERICAN INSTITUTE or ARCHITECTS. 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2M
/421510
1.7.7
SEE l.T,i{O
1.7.2 Providing financial feasibility or other special
studies.
1.7.3 Providing planning surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys, studies and submis-
sions required for approvals of governmental authorities
or others having jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, sys-
tems and equipment which are not intended to be con.
strutted during the Construction Phase.
1.7S Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur-
nished by the Owner.
1.7.6 Preparing documents of alternate, separate or
sequential bids or providing extra services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner.
1.7.7 Providing coordination of Work performed by
separate contractors or by the Owner's own forces.
1.7.8 Providing services in connection with the work of
a construction manager or separate consultants retained
I by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs, or detailed quart.
. My surveys or inventories of material, equipment and
labor.
1.7.10
I �1, tre liar
i 1.7.11 Providing services for planning tenant or rental
spaces.
1.7.12 Making revisions in Drawings, Specifications or
other documents when such revisions are Inconsistent
with written approvals or Instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to the preparation of such doc-
uments or are due to other causes not solely within the
control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting
dala4nd providing other services in connection with
Change Orders to the extent that the adjustment In the
Basi! Compensation resulting from the adjusted Con.
struction Cost is not commensurate with the services re-
quired of the Architect, provided such Change Orders are
required by causes not solely within the control of the
Archltect.
1.7.14 Making Investigations, surveys, valuations, Inven-
tories or detailed appraisals of existing facilities, and serv.
ices required in connection with construction performed
by the Owner.
1.7.15 Providing consultation concerning replacement of
any Work damaged by fire or other cause during con.
ti AIA DOCUMENT olEl • OWNLR•ARCIIITECI AGR[EMENT
THE AMERICAN INSTITUTE OF ARCHITECTS. VIS NEW
struction, and furnishing services as may be required in
connection with the replacement of such Work.
1.7,16 Providing services made necessary by the default
of the Contractor, or by major defects or deficiencies in
the Work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for
Construction.
1.7.17
• SEE
1.7.18 •
SEE
1x3
1.7.19 Providing services after issuance to the Owner of
the final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than sixty days after
the Date of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1.7.21 Providing services of consultants for other than
the normal architectural, structural, mechanical and elec.
trical engineering services for the Project.
1.7.22 Providing any other services not otherwise in.
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1.8 TIME
1.8.1 The Architect shall perform Basic and Additional
Services as expeditiously as is consistent with professional
skill and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for the
Owner's approval a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall include allowances for peri.
ods of time required for the Owner's review and approval
of submissions and for approvals of authorities having
Jurisdiction over the Project. This schedule, when approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect. 3E f /5. Rd
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full Information regarding
requirements for the Project Including a program, which
shall set forth the Owner's design objectives, constraints
and criteria, Including space requirements and relation•
ships, flexibility and expandability, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project it
shall include contingenciesfor bidding, changes in the
Work during construction, and other costs which are the
responsibility of the Owner, including those described in
this Article 3 The Owner shall,
at the request of the Architect, provide a statement of
funds available for the Project, and their source.
1 - JULY 1977• AIAO• m 1011
N.w.,
8141.1977 5
2.3 The Owner shall designate, when necessary, a rep-
resentative authorized to act in the Owner's behalf with
respect to the Project. The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto
Promptly, to avoid unreasonable delay in the progress of
the Architect's services,
'gned, specified, selected or specially provided for b
t P.,chi'ect.
3. 3 Construction Cost does not include the comp n•
sat' n of the Architect and the Architect's consult is
the osl of the land, rights-of-way, or other costs s ich
are t e responsib'lily of the Owner as provided i AEI'•
cle 2.
3.2 R ONSIBILITY FOR CONSTRUCTION COST
3.2.1 E luat'ons of the Owner's Project bud t, State•
menu o Probable Construction Cost an Detailed
Estimates Construction Cost, if any, prep ed by the
Architect, present the Architec/onstruction
st ju ment as a
design prof sional familiar with nsu ction Indus.
try. Il is ret n'zed, however, thaher he Architect
nor the Own has control over tst f labor, mate.
rials or equip nt, over the Conts ethods of de-
termining bid p ces, or over comidding, market
or negotiating onditions. Acco, the Architect
cannot and does of warrant orsent that bids or
negotiated prices ill not vary fre Project budget
proposed, establish d or approvedhe Owner, if any,
or from any Statem t of Probablstruction Cost or
other cost estimate evaluationred by theArchi-
tect.
'—� 3.2.2 No fixed limit
fished as a condition
SEE rrproposal or establish
2.7 The Owner shall furnish all legal, accounting and in-&T.Alparagraph 1.1.2 or Pa
surance counseling services as may be necessary at any fixed limit has been s
time for the Project, Including such auditing services as the parties hereto. n
the Owner may require to verify the Contractor's Applica- lished, the Architect
tions for Payment or to ascertain how -or for what put- tingencies for design,
Poses the Contractor uses the moneys paid by or on be- termine what mater)
half of the Owner. and types of constrm
2.8 The services, information, surveys and reports -w— tract Documents, to
scope of the Project
furnished at the Owners expens;, and the Architect shall mems alternate bids t
be entitled to rel u on the accuracy and completeness fixed limitf Any such
thereof. SEE /�;, 8 P amount cu any Inc
Nor execution of iFR
2.9 . If. the Owner observes or otherwise becomes aware
Of any fault or defect In the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the Owner to the Architect.
2.10 The Owner shall furnish required Information and
services and shall render approvals and decisions as ex-
peditiously as necessaryfor the orderly progress of the
Arehi(CU's services and of the Work.
ARTICLE 3 .YFE 110
CONSTRUCTION COST 000
o Construe on Cosl shall be estab•
of 's Agr mens by the furnishing,
nen of aoject budget under Sub-
agra IT 2 or otherwise, unless such
gree It in writing and signed by
such fixed limit has been estab•
shall permitted to include con•
biddi nd price escalation, to do.
Is, a ui ent, component systems
do are be Included in the Con.
na teas able adjustments in the
n to inclu in the Contract Docu•
a djust the nstruction Cost to the
xed limit s II be Increased in the
sse in the C tract Sum occurring
Contract for nstruction.
3.2 .3 If the Biddi g or Negotiation ase has not com•
menced within t ee months after lh Architect submits
the Construction Documents to the net, any Project
budget or fixed imit of Construction st shall be ad.
justed to refiec any change in the gener level of prices
In the constru ion Industry between the to of submis.
sion of the nstruction Documents to I Owner and
the date on hick proposals are sought.
3.2.4
Cost
3.7 RION Ino
3.7.7 The clion Cost s e the total cost or neg
estimated cost to the a 1 elements of the Project the
designed orspecifled 1 hitect. Pan
3.1.2 The Co ellen Cost sha lode at current sco
In rat ncluding a reasonable alto for over- 11
Co
IT profit, the cost of labor and materials hed
e Owner and any equipment which' has been i
k 6 0141-1977
DOCUMENT
AMERICAN
If a roject budget or fixed limit of\2.3ti)
truction
(adj led as provided in Subparagrap3) is ex•d b the lowest bona fide bid or need pro•1 Owner shall (1) give written apI of ans in such fixed limit, (2) authorize rebor re•i Ing of the Project within a reasonab, (3) IfJett is abandoned, terminate In accwithaph 10.2, or (4) cooperate in revisinejectand qualityasrequired to reduce thetr lionIn the case of (4), provided a fixed limions uc•ost has beenestablished as a condition s Ag e•the Architect, without additional chargll mDrawings and Specifications as necesscomp
I PW
I
T
h the fixed it. The providing of such service shal�y
the i the Architect's responsibility ari ' ydf the
establishment fixed limit, a .ng done so, the
Architect shall be emit a pens aIt,
n for all services
performed, in ac cc with reement, whether
Or not t struction Phase is common
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal.
aries of all the Architect's personnel engaged on the Proj.
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment taxes and other statutory employee bene.
fits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com.
Pensaat
actual expenditures made by the Archion for Basic and Additional Services
tect end the Areand hle
sect's employees and consultants in the interest of the
Project for the expenses listed in the following Sub.
paragraphs:
5.1.1 Expense of transportation in connection with the
Project; living expenses in connection with outof-town
travel; long distance communicationsi and fees paid for
securing approval of authorities having Jurisdiction over
the Project. SFE /J*
5.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and the
Architect's consultants. %TEE /.T 3/
S.1.3 Expense of data processing and photographic pro.
duction techniques when used in connection with Addi.
tional Services.
5.1.4
Sle
Expense Of renderings, models and mock-ups ref
quer
quested by the Owner.
5.1.6 Expense of any additional Insurance coverage or
limits, Including professional liability Insurance, requested
by the Owner In excess of that normally carried by the
Architect and the Architect's consultants.
r
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6,1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An Initial payment as set forth in Paragraph 14,1 is
rhv mia...,.... __..___. _
or extended through no fault of the Architect, compensa-
tion for any Basic Services required for such extended
period of Administration of the Construction Contract
shall be computed as set forth in Paragraph 14,4 for Addi-
tional Services.
v'a .mcnlavNALLUUNTOF
ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
6.3 PAYMENTS WITHHELD
6.3.1 No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages
or other sums withheld from payments to contractors, or
on account of the cost of changes in the Work other than
those for whichJhe Architect is held legally liable.
6.4 PROJECT SUSPENSION OR71RMINATION
6,4.1 If the Project is suspended or abandoned in whole
or in part for more than three months, the Architect shall
be compensated for all services performed prior to receipt
of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then
due and all Termination Expenses as defined in Paragraph
10.4, If the Project is resumed after being suspended for
more than three months, the Architect's compensation
shall be equitably adjusted.
lx3� ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per.
taining to Additional Services and services performed on
the basis of a Multiple of Direct Personnel Expense shall
be kept on the basis of generally accepted accounting
principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE B
OWNERSHIP AND USE OF DOCUMENTS
I Z3o
WIA
ARTICLE 9 SEE /.7,37
ARBITRATION
9. All -claims, disputes and othermatters in quest!
be n the parties to this Agreement, arising out o or
relatin to this Agreement or the breach thereof, sh be
decid y arbitration in accordance with the C struc-
tion Indu ryArbitration Rules of the America Arbitra-
tion Assocr 'on then obtaining unlessthe p es mutu-
ally agree of rwise. No. arbitration, arising t of or re-
lating to this ieement, shall include, by nsolidation,
joinder or in an then manner, any addit' at person not
a parry to this Agr ment except by WEI en consent con-
taining a specific re rence to this Agr ment and signed
by the Architect, the net, and an ther person sought
to be Joined. Any cons t to arbit tion involving an ad-
ditional person or person shall t constitute consent to
arbitration of any dispute of escribed .therein or with
any person not named or ribed therein. This Agree.
ment to arbitrate and any a ment to arbitrate with an
additional person or pe his y consented to by the
Parties to this Agreeme shall be ecifrcally enforceable
under the prevailing at tration law.
9.2 Notice of the d and for arbitra ' n shall be filed in
writing' with the o er party to this A ement and with
the American At tration Association. T demand shall
be made withi reasonable time after the laim, dispute
or other mat r in question has arisen. In n event shall
the deman or arbitration be made after the ate.when
instltuti f legal or equitable'�proceedfngs sed on
such da , dispute or other matter in question uld be
barre y the applicable statute of limitations.
9,3 he award rendered by the arbitrators shall be at,
an udgment maybe entered upon it In accordance w
pllcable law in any court having jurisdiction thgreof.
ARTICLE 10 SEF T58
RMINATION OF AGREEMENT
1 . This greement may be terminated by ellher ty
upon —s#yt days' written notice should the r party
fail substan to perform in accordant Its terms
through nofault a party Initiatin termination.
10.2 This Agreement be nated by the Owner
upon at least seven days' notice to the Architect
In the event that the Pr ' ct is pe ently abandoned.
10.3 In the eve termination not t 9 ult of the Ar-
chitect, the Itect shall be compensated to services
perform o termination date, together with Rel urs•
abl penses then due and all Termination Expenses
!tied in Paragraph 10.4.
l Termination Expenses include expenses directly at-
tributa o termination for which the Architect i t
wquentphase.
o nsated, plus an amount com as aof the I Basic and Additi Compensa. to the time rminati , s follows:ercent if terminati curs during the Sche. Design Pha , rercent ' rmination occurs dur the Designl ent Phase; orrcent if termination occurs during any sut phase.
ARTICLE 11
MISCELLANEOUS PROVISIONS
lsy�he•f:v:+f tha principal p1aLa r r
rbE,Arrh!fn,t SEE 15.39
11.2 Terms in this Agreement shall have the same mean-
ing as those in AIA Document A201, General Conditions
of the Contract for Construction, current as of the date
of this Agreement. SEE /150
11.3 As between the parties to this Agreement: as to all
acts or failures to act by either party to this Agreement,
any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to
have accrued in any and all events not later than the rele.
vant Date of Substantial Completion of the Work, and as
to any acts or failures to act occurring after the relevant
Dale of Substantial Completion, not later than the date of
issuance of the final Certificate for Payment.
11.4 The Owner and the Architect waive all rights
against each other and against the contractors, consult.
ants, agents and employees of the other for damages cov-
ered by any property insurance during construction as set
forth in the edition of AIA Document A201, General Con.
ditions, current as of the date of this Agreement. The
Owner and the Architect each shall require appropriate
similar waivers from their contractors, consultants and
agents.
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and
to the partners, successors, assigns and legal representa-
tives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall
assign, sublet or transfer any Interest In this Agreement
without the written consent of the other.
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and Integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agree.
ments, either written or oral. This Agreement may be
amended only by written Instrument signed by both
Owner and Architect,
AIA DOCUMENT 1141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIM • m 19n
6 141.1977 THE AMERICAN INSTITUTEW7 ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 30006
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ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of
-o- dollars is 0.00 )
shall be madelupon Executlo' 6 of this Agreemerii and credited Ib the Owner's account as follows:'
142 BASIC COMPENSATION
14.2.1. FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.S, and any other services included in Article 15
. as part of Basic Services, Basic Compensation shall be computed as follows:
IBne imett 6adt or compematlon, Including ertd amounts, mull! ler ar e,tenb es, and Identify Prater to which gNlmhr "trod, of mmpenu-
non apply, If nnn,ary, P P a
FIFTY-FOUR THOUSAND, EIGHT HUNDRED DOLLARS AND NO/100 ($54,800.00)
I
In addition to the above amount for services, $14,000 shall be included as l
a not -to -exceed total for reimbursable expenses.
14.2.2 Where compensation Is based on a Stipulated Sum or Percentage of Construttion Cost; Payments for Basic
Services shall made as ptovlded In Subparagraph 6.1.2,'so that Basic Compensation for cfi'Phasd shall
equal the following percentages of the total Basic Compensation payable:
eml„ de Pry additional Phan n approp,fate.l".'
Schematic Design Phase:
Design Development Phase:
FIFTEEN
percent (15 %)
" Construction Documents Phase:
TWENTY
percent (20 %)
Bidding or Negotiation Phase:
FORTY
percent (40 %)
Construction Phase:
FIVE
percent (05 %)
TWEE
percent(20 %)
100 X
14.3 FOR PRO)ECT REPRESENTATION BEYOND BASIC SERVICES, as described In Paragraph 1.6, Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
........ .. .. ....... ..... ........ ,•,,w., wanllNGION, D.C. 20006 11141-11L7 9
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14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described In Paragraph 1.7, and any other services in-
cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
(Here Insert bel, of compemanon. Including rate, and/or multiples of Direct personnel Expense for Principal, and employees, and identify nlncrails
and clusaik msployees, it required. Identify specific services to which pNfrolar method, at compensation apply. Il necessary.)
HC1kJ I.Y RATES FOR•PERSONNE7_ 'INVOLVED.IN THrz WORK IN ACCORDANCE WITH TIE
ENCLOSED SCHEDULE.
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, Including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or Identified in Article 15 as part of Addi.
tional Services, a multiple of ONE AND 15/100 ! 1.15 1 times the amounts billed
to the Architect for such services.'
(IAentily apedf c Irma of consultants In Article 15. It equited.)
14! FOR REIMBURSABLE EXPENSES, as described In Article 5, and any other Items included in Article 15 as Reim.
bursable Expenses, a multiple of OF8 AN7'15/100 f 1.15 1 times the amounts ex.
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
14.6L___
.010 SEE /54l
14,7 The owner and the Architect agree In accordance will) the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services Is changed materially, the amounts of compensation
shalt be equitably adjusted.
14,7,2 IF THE SERVICES covered by thlsAgreement have not been completed within
(24) months of the date hereof through no fault of the Architect, the amounts of compensatlon,'rates and
multiples set forth herein shall he equitably adjusted.
10 8141.1977
KLPgNT . IHIK
17)) NEW YORK
30
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ARTICLE 1S
OTHER CONDITIONS OR SERVICES
AIA DOCUMENT RMT •0WNlR,ARpNT[CT AGRIEMENT TAMEENIH EDITION JULY 1977
THE AMERIGN INSTITUTE 07 ARCHITECTS. 1713 NEW YORK AVENUE, N.W., WASHINGIONIAO.C.�219,7
0006
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AIA DOCUMENT RMT •0WNlR,ARpNT[CT AGRIEMENT TAMEENIH EDITION JULY 1977
THE AMERIGN INSTITUTE 07 ARCHITECTS. 1713 NEW YORK AVENUE, N.W., WASHINGIONIAO.C.�219,7
0006
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This Agreement entered Into as of the day and year first written above. j
! OWNER ARCHITECT
CITY OF.IOWA CITY NEUMANN MONSON, P.C.
y 410 EAST WASHINGTON STREET 226 SOUTH CLINTON STREET
IOWA CITY, IOWA 52240 IOWA CITY, IOWA 52240
William Am is , yor BY
BY
rian K. Karr, City Clerk
I
AIA DOCUMENT 11� • OWNER-ARC/117(C7 AGREEMENT • TNIR11(NItj EDITION • IULY 1977 • AIM • m 1171
12 0141.1977 711E AMERICAN INtiITU7t OF ARCHITECTS, UIS NEW YORE AVENUE, NX. WASNINGION, D.C. 2OM6
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City Park Pool
Article 15 - Other Conditions or Services
SUPPLEMENTARY CLAUSES AND PROVISIONS
15.1 BASIC SERVICES: The Architect shall be responsible for designing the
renovat ono an outdoor swimming pool and associated facilities such
that the total construction cost shall not exceed $645,000. If the
lowest bona fide bid exceeds the amount of $645,000 or any other
fixed limit as mutually agreed upon by Owner and Architect, the Owner
shall, at its sole option and discretion, (1) give written approval
of an increase in such limit, (2) authorize rebidding the project
within a reasonable time, or (3) cooperate in revising the project
scope and quality as required to reduce the probable construction
cost. In case of (3), the Architect, without additional charge,
shall modify the drawings and specifications as necessary to bring
the construction cost within the fixed limit.
For the purposes of this Agreement, the specific person of Kevin
Monson shall be in charge as the project director. Changes in as-
signment shall be grounds for termination of this Agreement.
The Director of Parks and Recreation will be the Owner's representa-
tive with respect to the work to be performed in this Agreement. He
shall have complete authority to transmit instructions, receive
information, process change orders, interpret and define policies and
decisions with respect to materials, equipment, elements and systems
pertinent to this project.
The Architect shall recognize that, due to the nature of this pro-
ject, many other individuals will be involved to some extent during
the course of this project. The City will provide additional con-
struction supervision beyond that supervision required to be provided
by the Architect under the terms of this contract.
The Swimming Pool will be designed by the Architect. It is understood
that the work will be divided into two parts. Part I will incl ude
the schematic design phase ( paragraph 1.1). Part II will include the
design development phase (paragraph 1.2); construction documents
phase (paragraph 1.3); bidding or negotiation phase (paragraph 1.4);
construction phase (paragraph 1.5); and construction observation
services (Appendix 1, paragraph 1.2.1.5). The phases of services are
included in this document as defined in AIA Document 8141-1977.
Specific tasks for Part I and Part I1 are detailed in Appendix 1
(Scope of Services), which is appended hereto and made a part of this
contract.
15.2 CONTRACT EXECUTION: Initiation of work
approval by the electorate of the bond
Therefore, no work may begin on Part
proceed is given to the Architect by
understood that the Owner is under no
in Part II until the written notice to
to the Architect.
on Part II is contingent upon
referendum, on June 3, 1986.
II until written notice to
the Owner. It is expressly
obligation for costs incurred
proceed to Part II is issued
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15.3 BASIC SERVICES: The Request for Proposal for Architectural and
Engineering Services, due by November 20, 1985, and the proposal
presented by Neumann Monson, P.C., received by the City Clerk on
November 20, 1985, are hereby made part of this Agreement. The
Architect will provide services and prepare documents as necessary
for the completion of the project described in these documents. The
City of Iowa City has adopted a Minority/Women's Business Enterprise
Commitment of 3%. The Architect will make every reasonable attempt
to meet this requirement.
15.4 BASIC SERVICES: The Architect, consultant(s), contractor(s), subcon-
tractor s , vendor(s), etc., shall comply with all applicable fed-
eral, state, and local laws regarding equal employment opportunities
and non-discrimination.
15.5 BASIC SERVICES: At the completion of all Part I services, the Archi-
tect will present the documents developed to the Owner and the City
Council of Iowa City at a mutually agreed time, as deemed necessary
by the Owner.
15.6 BASIC SERVICES: After final approval by the Owner, the Architect
will make minor revisions in drawings, specifications, and other
documents if requested by the Owner as part of Basic Services. Major
revisions to these documents requested by the Owner shall be made by
the Architect as additional services. Upon the Owner's request for
revisions, the Architect will advise Owner if the requested revision
Is to be a minor or major revision. The Architect will not proceed
with the work on major revisions requested by the Owner without
written notice to proceed.
15.7 BASIC SERVICES: The Architect will research swimming pool facility
state-of-the-art and accumulate supplemental information to develop
design criteria.
15.8 BASIC SERVICES: In Part II Services, in addition to the services
sista in Paragraphs 1.2; 1.3; 1.4; 1.5; and 1.6, and the tasks in
Appendix 1 of this Agreement, it is agreed that the Architect will
notify the Owner when the Construction Documents Phase is 5O% com-
plete and will meet with the Owner to review all portions of the
completed drawings including architectural, structural, civil, me-
chanical, electrical, and landscaping work.
The Architect will attend meetings and sessions as mutually agreed
upon as necessary during the construction stage.
15.9 PARAGRAPH 1.1.2:
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15:10 PARAGRAPH 1.1.5:
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The Architect will submit five copies of the Schematic Design studies
and three sets of Statement of Probable Construction Costs based on
current area, volume or other unit costs.
15.11 PARAGRAPH 1.2.2:
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The Architect will submit five copies of the Design Development
Documents and three sets of further Statement of Probable Construc-
tion Cost.
15.12 PARAGRAPH 1.3.5:
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The Architect shall submit five copies of the Construction Documents
and three sets of copies of the revised Statement of Probable Con-
struction Costs.
15.13 PARAGRAPH 1.5.3:
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15.14 PARAGRAPH 1.5.4:
i
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tute "herein."
Delete the second sentence, add sentences: `
The Architect along with appropriate consultant(s) shall attend
regular scheduled and any specified meetings with Owners and Repre-
sentatives and contractor's representatives as required by the cir-
cumstances of the project. The Architect shall keep meeting minutes,
prepare a report of meeting and distribute copies to Owner offices
and contractors concerned.
15.15 PARAGRAPH 1.5.5:
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15.16 PARAGRAPHS 1.5.7 through 1.5.9:
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15.17 PARAGRAPH 1.5.10:
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The Architect shall interpret the requirements of the construction
contract documents. Interpretations and decisions of the Architect
shall be consistent with the intent of and reasonably inferable from
the Contract Documents and shall be in written or graphic form. The
Architect shall have the authority to act on behalf of the Owner. The
Owner shall be consulted by the Architect concerning interpretation
and decisions and be provided with a written copy of same.
15.18 PARAGRAPH 1.5.11:
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15.19 PARAGRAPH 1.5.14:
Delete material indicated.
15.20 PARAGRAPH 1.7.1:
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15.21 PARAGRAPH 1.7.10:
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15.22 PARAGRAPH 1.7.17:
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15.23 PARAGRAPH 1.7.18:
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15.24 PARAGRAPH 1.8.1:
Add the following sentences:
The Architect will complete the tasks described in Part I Services in
Appendix 1 and will submit this information to the Owner within 21
days after this Contract is executed. Initial preparation of plans
and specifications and bid documents shall be completed within 30
days after owner approval of Part I services.
15.25 PARAGRAPH 2.4:
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5
15.26 PARAGRAPH 2.5:
Delete the entire paragraph, substitute:
As part of the Basic Services in Part I, the Architect shall provide
complete geotechnical services consisting of borings and any other
reports or tests as required by law or the Contract Documents will be
furnished by the appropriate Contractor as specified in the Contract
Documents.
15.27 PARAGRAPH 2.6:
I4j Delete the entire paragraph, substitute:
As part of the Basic Services in Part II, the Architect shall pro-
vide, structural , mechanical, chemical, and other laboratory tests,
inspections, and reports as required by law or the Contract Docu-
ments. Such tests, inspections and reports to be conducted and
furnished by the appropriate contractor as specified in the Contract
Documents.
15.28 PARAGRAPH 2.8:
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...required by paragraph 2.7 shall be...
15.29 Article 3:
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15.30 PARAGRAPH 5.1.1:
Add last sentence.
No charges for transportation or communications shall be made for
services rendered by architect's personnel from the Sioux City, Iowa,
office.
15.31 PARAGRAPH 5.1.2:
Add these words to the last sentence:
...and two sets of documents to be supplied to the Owner.
15.32 PARAGRAPH 5.1.4:
Delete the entire paragraph, substitute:
j All rates of pay for employees of the Architect working on this
project will be paid at regular straight time rates.
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15.33 PARAGRAPH 6.1.2.:
Add the following sentence:
Services performed will be identified in the monthly progress report
which will form the basis for monthly invoices.
15.34 PARAGRAPH 6.1.4.:
Delete the entire paragraph.
15.35 OWNERSHIP OF DOCUMENTS - PARAGRAPH 8.1.:
Delete the entire paragraph, substitute:
All drawings, design, specifications, notes, and other work produced
by the Architect in the performance of this Agreement shall be and
remain in the sole property of the Owner, and with respect thereto,
the Architect agrees not to assert any rights or establish any claim
under any design, patent or copyright laws.
15.36 PARAGRAPH 8.2.:
Delete the entire paragraph.
15.37 ARBITRATION ARTICLE 9.:
Delete entire article and title and substitute the following:
DISPUTE RESOLUTION:
All claims, counterclaims, disputes and other matters in question
between Architect and the Owner arising out of or relating to this
Agreement or breach hereof will be decided by arbitration if the
parties mutually agree, or otherwise in a court of competent juris-
diction.
In any case in which Architect and the Owner mutually agree to submit
a matter to arbitration, such arbitration shall be conducted pursuant
to applicable statutes of the State of Iowa at the time in effect
and, to the extent permitted by said statutes, in accordance with the
Commercial Arbitration Rules at the time in effect of the American
Arbitration Association, unless the parties agree otherwise. The
party desiring such arbitration shall give notice to that effect to
the other party and shall in such notice appoint as one of the
arbitrators a disinterested person of recognized competence in the
field involved. Within ten (10) days thereafter, the other party
shall by notice to the original party appoint as an arbitrator a
second disinterested person of recognized canpetence in such field.
The arbitrators thus appointed shall appoint as a third arbitrator a
disinterested person of recognized competence in such field, and such
three arbitrators shall as promptly as possible determine such mat-
ter, provided that, if the second arbitrator is not appointed as
aforesaid, the matter shall be decided by the first arbitrator.
1:so
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The Architect and the Owner shall be entitled to present evidence to
the arbitrators or arbitrator as the case may be. The decision of
the arbitrators or arbitrator shall be in writing and shall be final
and binding upon Architect and the Owner, and judgment thereon may be
entered in any court of competent jurisdiction.
The fees and expenses of the arbitrators shall be divided equally
between Architect and the Owner, provided, however, that if the
arbitrators determine that either party has acted in bad faith in
referring any matter to arbitration or in the conduct of arbitration,
the arbitrators may, to the extent permitted by law, assess the party
acting in bad faith with more than one-half of the fees and expenses
of the arbitrators and all or a portion of the other party's
expenses, including attorney's fees.
No arbitration, arising out of or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi-
tional person or entity not a party to this Agreement except by
written consent of the Owner, Architect. and person or entity sought
to be joined. Any consent to arbitration involving an additional
person or entity shall not constitute consent to arbitration of any
dispute not described herein. Nothing herein shall be construed to
bind the parties to arbitration nor to bar legal remedies in law or
in equity with regard to civil liability, breach of contract or other
issues arising from this Agreement.
15.38 TERMINATION OF CONTRACT: ARTICLE 10.:
Delete entire article, except title and substitute:
The Owner may terminate this contract in whole or in part, at any
time by written notice to the Architect. The Architect shall be paid
his costs, including contract close-out costs, reimbursable expenses,
and profits on work performed up to the effective date of termina-
tion. The Architect shall promptly submit his termination claim. if
the Architect has any property in his possession belonging to the
Owner, the Architect will account for same, and dispose of it in the
manner the Owner directs.
15.39 PARAGRAPH 11.1.:
Delete the entire paragraph, substitute:
This Agreement shall be governed by the substantive laws of the State
of Iowa, and not the laws of conflict of the State of Iowa.
15.40 PARAGRAPH 11.2.:
Add these words to the last sentence:
...and included as a part of this Agreement by reference.
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15.41 COMPENSATION: PARAGRAPH 14.6.:
Delete the entire paragraph, substitute:
All rates used by the Architect as the basis of estimated compensa-
tion are subject to City audits. If such rates are determined to be
different as a result of audit, payments already made to the Archi-
tect shall be subject to appropriate refunds to the Owner accord-
ingly.
15.42 AUDIT AND INSPECTION OF RECORDS: The Architect shall keep and main-
tain all records pert nent to this project for a period of three
Years after completion and acceptance of the project and shall permit
the representatives of the Owner to inspect and audit all data and
records of the Architect relating to his performance under the con-
tract until the expiration of three (3) years after final payment
under this contract.
15.43 The Architect further agrees to include in all its subcontracts
hereunder provisions to the effect that the subcontractor (1) agrees
to keep and maintain all records pertinent to this project for a
period of three years after completion and acceptance of the project,
and (2) agrees that the Owner, or Owner's duly authorized representa-
tive, shall, until the expiration of three (3) years after completion
and acceptance of the project, have access to and the right to exam-
ine any directly pertinent books, documents, papers, and records of
such subcontractor, involving transactions related to the subcontrac-
tor.
15.44 PROHIBITED INTERESTS: No member, officer, or employee of the Owner
or of a local public body during his tenure or one year thereafter
shall have any interest, direct or indirect, in this contract or the
proceeds thereof.
15.45 EQUAL EMPLOYMENT OPPORTUNITY: In connection with the execution of
t�js
on
tract, e rc ect shall not discriminate against any
employee or applicant for employment because of race, religion,
color, sex or national origin. The Contractor shall take affirmative
action to ensure that applicants are employed, and the employees are
treated during their employment, without regard to their race, relig-
ion, color, sex or national origin. Such actions shall include, but
not be limited to, the following: employment upgrading, demotion, or
transfer; recruitment or recruitment advertising; lay-off, or termi-
nation; rates of'pay, or other forms of compensation; and selection
for training, including apprenticeship.
15.46
pprenticeship-
15.46 MINORITY(WOMEN'S BUSINESS OPPORTUNITIES: In connection with the
per ornance o s con rac , e rc ect will cooperate with the
Owner in meeting its commitments and goals witerwill use
th regard to the maximum
utilization of minority/women's business enprises, and
reasonable efforts to ensure that MBEs and WtBEser shall have willpracca-
ble opportunity to compete for subcontract work under this contract.
The Owner has set a goal of 3% for MBE/ act
for this contract.
170,50
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15.47 If any of the MBE or WBE subcontractors default on the contract, the
Architect will make a good faith effort to replace them with another
MBE or WBE subcontractor certified by the Owner as a bona fide MBE or
WBE for the remaining amount of work of the defaulted subcontract.
15.48 PROGRESS REPORTS: The Owner will review the work progress by the
Architect and will be responsible for project guidance and direc-
tives.
15.49 It is understood that the reviews by the Owner are general in nature
and that the Architect will verify such review for technical accu-
racy, sufficiency, and consistency.
15.50 The Architect will submit a monthly written statement of the status
of work within each phase.
15.51 SUBCONTRACT APPROVAL: Subcontracting, assignment, or transfer of all
or part of the cluties, activities and responsibilities the Architect
is obligated to perform by the terms of this agreement are prohibited
except with prior written approval of the Owner. In the event the
Owner gives such approval, the party or parties to whom such work is
subcontracted, assigned, or transferred shall be bound and obligated
by the terms and conditions of this agreement as fully and completely
as the Architect, and the Architect shall thereafter, in writing, to
the satisfaction of the Owner, identify the work to be performed by
such party or parties. The Architect shall have full responsibility
for the work performed by such party or parties.
15.52 The Architect shall take such action with respect to any subcontract
or procurement as the Owner may direct as a means of enforcing such
provisions, including sanctions for non-compliance; provided, how-
ever, that in the event the Architect becomes involved in or is
threatened with litigation with a subcontractor or supplier as a
result of such direction, the Architect may request the Owner to
enter into such litigation to protect the interests of the Owner.
15.53 MAINTENANCE OF RECORDS: The period of access and examination for
records w c relate o (1) appeals under the "Arbitration" clause of
this contract; (2) litigation or the settlement of claims arising out
of the performance of this contract; or (3) costs and expenses of
this contract as to which exception has been taken by the owner,
shall continue until such appeals, litigation, claims or exceptions
have been disposed of.
15.54 PATENT RIGHTS: The Architect will save, keep, bear harmless and
fully Indemn y the owner and all of its employees or agents from all
damages, costs, or expenses in law and equity, that may at any time
arise, or be set up, for any infringement of the patent rights of any
person or persons in consequence of the use by the Owner or by any of
its employees or agents, of articles specified by the Contract Docu-
ments. The Owner will give to the Architect prompt notice in writing
of any suit or proceeding and permit the Architect, through his
counsel, to defend same and will give all information, assistance,
and authority available.
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15.55 ADMINISTRATION: The Director of Parks and Recreation or his designee
will administer this contract for the Owner and will serve as the
Project Representative and will be responsible for liaison between
the Owner and Architect. The project director will be responsible
for representing the firm and its consultants and for all contacts
with the Owner.
15.56 The Project Director will direct and manage all services provided by
the Architect and its consultants.
15.57 Al communication and contact between the Owner and Architect will be
onithey through the Office of the Director of Parks and Recreation and
unoff unofect ficial unless otherwise eauthorized. contacts will be consid-
ered15.58 IN-60FDEMNIFICATION: The Architect shall be responsible for and
employees�fromeail claims and d h roles the Owner, its officers, and
s of or
erty, or personal injuries, including deathtopersons,naand fromrall
Judgments recovered therefor, and from all expenses incurred in
defending said claims or suits, or enforcing this provision, includ-
out of
in
ort costs andanegligenteactsnof the Architect orrits ttorney fes ad other expenses mconsult-
ants in connection with the performance of this contract.
15.59 The Architect shall, without additional compensation, correct or
revise any errors or deficiencies in plans, reports and other serv-
ices performed by the Architect, and in addition, the Architect shall
be responsible for damages incurred by the Owner as a result of the
errors, omissions and negligent acts of the Architect and its subcon-
tractors.
15.60 SAVINGS CLAUSE: If any provision of this agreement is held invalid,
t e rema n er of this agreement shall not be affected thereby if such
remainder would then continue to conform to the terms and require-
ments of applicable law.
15.61 CONTRACT NON-PERFORMANCE: In the event
p tante with the prov Bions of this contract,hthe rOwner eshalloimpose
such contract sanctions as it maydetermine to be appropriate, in-
cluding, but not limited to:
A. Withholding of payments to the Architect under the contract until
the Architect complies, and/or
B. Cancellation, termination, or suspension of the contract, in
whole or in part.
15.62 If at any time it is determined by the Owner that there is any out-
standing right or claim of right in or to the project property, the
existence of which creates an undue risk of interference with opera-
tion of this project or the performance of the covenants of the
Architect herein contained, the Architect will acquire, extinguish or
modify said right or claim in a manner acceptable to the Owner.
250
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15.63 The Architect will promptly, upon written notification reimburse the
owner for any justification audit excn_ptions.
15.64 PROFESSIONAL RESPONSIBILITY: Although the Architect does not guaran—
ee per ormance by the construction contractor and subcontractors,
nothing in this Agreement nor any language used in any contract in
connection with this project shall be construed as relieving the
Architect from the obligation to perform its duties under this Agree—
ment in a professional and competent manner.
Approvals by the City shall not be deemed to be an assumption of
responsibility and liability by the City for any defect in the de—
signs, working drawings and specifications or other engineering
documents prepared by the Architect, their agents, employees and
other subcontractors, it being the intent of the parties that ap—
proval of the City signifies the City's approval of only the general
design concept of the improvements to be constructed. The Architect
covenants and agrees to and does hereby indemnify and hold harmless
the City, its officers, agents and employees from any loss, damages,
liability or expense on account of damage to property and/or injuries
(including death) to any person or persons, including employees or
agents of the Architect, which might arise out of any negligence of
the Architect, their employees or agents, or out of any defect or
deficiency in Architect's designs, working drawings, specifications
or other engineering documents incorporated into any improvements
constructed in accordance herewith. The Architect shall defend at
its expense any suit or other proceedings brought against the City or
its officers, agents or employees on account thereof and shall pay
all expenses and satisfy all judgments which may be incurred by or
rendered against the City or its officers, agents or employees in
connection herewith; providing and except, however, that this defi—
ciency provision shall not be construed as requiring the Architect to
indemnify or hold harmless the City, its officers, agents or employ—
ees for loss, damages, liability or expense on account of damage to
property or personal injury, including death, arising out of negli—
gence of the City, its officers, agents, or employees, including, but
not limited to, defects or deficiencies in design criteria and infor—
mation furnished to the Architect by the City and which the Architect
could not discover by the exercise of reasonable diligence, or devia—
tions by the contractor in construction from the Architect's designs,
working drawings, specifications or other engineering documents
except such deviations as might occur with the approval of the Archi—
tect or during the performance of work over which the Architect has
responsibility for observation.
/%30
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APPENDIX 1
SCOPE OF SERVICES
Part I Services shall include in Basic Services:
1.1.1 The Architect shall provide preliminary work resulting in:
1.1.1.1 Schematic design of the swimming pool, building(s) and site,
1.1.1.2 Detailed estimate of specific activities in areas (sq. ft.)
of the facility,
1.1.1.3 Detailed cost estimate of the total project, including:
a. demolition
b. construction and renovation of the structure(s)
c. purchase and installation of equipment
d. site improvements
e. other pertinent items
1.1.2 The Architect will provide facility programming services which will
include an analysis of the Owner's needs and programming requirements .
of the project.
1.1.3 It will be necessary for representatives of the Architect to work very
closely with the City of Iowa City staff. Progress reports (verbal)
will be required weekly to the Owner.
1.1.3.1 The Architect will investigate and identify existing site
problems and consider various alternative site plans for the
facility as they relate to design criteria.
1.1.4 The Architect will be required to develop a detailed site design in
coordination with the Owner's staff. The Architect will also be
required to prepare a preliminary layout of the design wbich will
consist of drawings and other documents, to sufficiently illustrate
the proposed concept for the approval of the Owner.
f 1.1.5 The Architect will also provide the following:
1.1.5.1 A soils testing program which, in its professional judgment,
is adequate to provide information required to design and
construct facilities as per the Architect's drawings and
h specifications.
1.1.5.2 A certified land survey of the site showing all topographic
features, contours and existing utility information.
I 1.1.6 The Architect will be responsible for and be required to:
1.1.6.1 Prepare project development scheduling, site development,
planning, detailed site utilization studies, on-site utility
i studies, and coordinate consulting/review/approval.
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1.1.6.2 The Architect will, with respect to the schematic design
phase of the project, be responsible for architectural sche-
matic design (wherever possible utilizing data already avail-
able from the Owner), civil design concepts, structural
design concepts, electrical design concepts, mechanical
design concepts, landscape design concepts, interior design
concepts, statement of probable construction costs, agency
consulting/rev iew/approval, Owner supplied coordination, and
presentation of project development scheduling.
Part II Services shall include in Basic Services:
1.2.1 The Architect shall be responsible for and be required to:
1.2.1.1 With respect to the design development phase of the project,
be responsible for architectural design development, civil
design development, which is to include but not to be limited
to engineering and design for storm sewers, traffic ways,
structural design development, electrical design development,
mechanical design development, landscape design development,
interior design development, outline specification, statement
of probable construction cost, agency consulting/review/ap-
proval, and project development scheduling.
1.2.1.2 The Architect will prepare working design and construction
documents consisting of plans, specifications and bid docu-
ments. Such documentation will be prepared to facilitate
bidding and construction of logical and appropriate systems.
It will be the responsibility of the Architect to write all
specifications and bid documents for the renovation and
construction of the swimming pool facility, and specifica-
tions and bid documents for all equipment of a special na-
ture.
1.2.1.3 The Architect will, with respect to the construction docu-
ments phase of the project, prepare the following: architec-
tural working drawings, civil construction documents,
structural construction documents, mechanical construction
documents, electrical construction documents, landscape
construction documents, interior construction documents,
specifications, statement of probable construction cost, and
will be responsible for agency consulting/review/approval and
document checking/coordination. All construction documents
will be submitted to the owner for approval.
1.2.1.4 The Architect will, with respect to bidding, be responsible
for bidding documents and addenda, and for any negotiations
required prior to contract award.
1.2.1.5 The Architect will, with respect to construction contract
administration, be responsible for construction observation,
shop drawings, (submittals and review), construction cost
accounting, supplemental documents, quotation requests and
change orders, testing and inspection coordination, part-time
4%30
14
project representation, project close-out, civil engineering,
structural engineering, mechanical engineering, electrical
engineering, landscape architecture and interiors, and prepa-
ration of record drawing of construction as actually accom-
plished.
1.2.1.6 The Architect will prepare the design of special furnishings
for the facility. Special attention must be paid to the
energy efficiency (construction and operation) of the pro-
ject. Solar energy techniques and state-of-the-art insulation
techniques should be explored as part of basic services.
1.2.1.7 The Architect will provide interior design and other similar
services for or in connection with the selection, procure-
ment, and installation of fixed equipment.
1.2.1.8 The Architect will provide a manual which will include
warranties, operating, and maintenance requirements for new
equipment systems, including solar or hot water heating
I1 systems, based upon the recommendations of the appropriate
manufacturers .
1.2.1.9 At the completion of each construction stage, the Architect
will prepare and submit to the Owner a set of reproducible
record drawings showing significant changes in the work made
during construction based on marked -up prints, drawings and
other data furnished by the Contractor to the Architect.
1.2.2 The Architect shall:
1.2.2.1 Conduct regular weekly progress meetings with Contractor and
I( Owner and prepare minutes of same.
1.2.2.2 Receive and reply to all correspondence from Contractor.
1.2.2.3 Review the Contractor's construction schedule.
i
1.2.2.4 Recommend any changes to the work that may be needed or
desirable for the expeditious completion of the project.
Issue all change orders to the Contractor and review cost
proposals for same. All change orders shall first be ap-
proved by the owner.
1.2.2.5 Provide review and analysis of any claims for delay and/or
additional compensation filed by the Contractor.
1.2.2.6 Review Contractor's monthly payment requisitions and recom-
mend appropriate payment approvals to the Owner.
1.2.2.7 Review all shop drawings, samples, catalog cuts, brochures,
guarantees, and certificates for compliance with contract
documents.
1.2.2.8 Be responsible for all areas as outlined in this document.
T
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TYPICAL FEE SCHEDULE -_SWIMMING POOLS - Enclosed Type
Base Fee % Construction Phase
(Not including Field 8 Project
Construction Cost Const. Phase)
Maximum
Management
Fee t
E 50,000 Multiple of
Hourly rate
100,000 8.8 See Note 3
10.75
150,000 8.6 "
10.50
200,000 8.4
10.25
250,000 8.2 "
10.00
300,000 8.0
9.15
400,000 7.8
9.50
j
500,000 7.6
9.25
600,000 7.4 "
9.OU
700,000 7.2 Is it
8.15
I.
19000,000 7.0 "
8.50
I
1,500,000 6.8 n "
8.25
;
2.000,000 6.6
S.OD
I
3.500,WO 6.4
7.15 j
5,000,000 6.2 " " to
7.50
NOTES:
I. Fees are negotiable depending on specific factors.
1 2. The complexity of the project (remodeling, renovation) may
base fee depending on specific
increase the
conditions.
3. In addition to the base fee, we provide project management
inspection services at the following hourly
and field
rates (local services
Project Management $45/hour
only):
(Shop drawing, certification of payments, etc.)
Field Inspection Services
;150/per trip
(Observation of construction)
Depending on Contractors performance and project complexity, total cost of
A/E Services, during the Construction
Phase, may be less than
percentage difference between Base and Maximum Fee. In no
fee
the
case shall the
( exceed the Maximum Fee.
I
NEUMANN MUNSON, P.C.
IOWA CITY, IOWA
SCHEDULE OF HOURLY RATES
The various personnel of the firm have been classified according to
experience and technical training, and the following schedule of charges for
services will apply for all work performed during 1986.
For the work undertaken in subsequent year, this schedule may be
negotiated upward as a direct result of salary escalation.'
Classification Hourly Rate
Clerical $20.00
Grade A Technician
22.00
Grade B Technician26.00
Grade C Technician 29.00
Grade 1 Pre -Professional 28.OU
i
Grade 2 Pre -Professional 30.00
Grade 3 Professional 40.00
Grade 4 Professional
' .. 46.00
Grade 5 Professional 50.00
- I
Principal b5.00
Senior Principal 60.00
Revised May, 1984
RESOLUTION NO. 86-234
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST AN AGREEMENT FOR THE PROVISION OF ARCHITECTURAL
SERVICES WITH NEUMANN MONSON, P.C., ARCHITECTS, FOR THE DESIGN OF THE
JOINT CITY/SCHOOL DISTRICT SWIMMING POOL FACILITY AT MERCER PARK IN
IOWA CITY.
WHEREAS, the City of Iowa City and the Iowa City Community School District
did, with the assistance of a Joint Swimming Pool Committee established by
said bodies, undertake to study the feasibility and plan the development of a
new joint swimming pool facility to be located at Mercer Park in Iowa City
and adjacent to Southeast Junior High School; and
WHEREAS, upon the recommendation of the Joint Swimming Pool Committee, the
City and the School District did enter into a Memorandum of Agreement, dated
May 6, 1986, stating their intent to jointly develop and operate the said
joint swimming pool facility, pursuant to Agreement under Chapter 28E of the
Iowa Code; and
WHEREAS, upon the further recommendation of the Joint Swimming Pool Commit-
tee, the City Council of the City of Iowa City did call a special election
upon the proposal to issue $3,715,000 of general obligation bonds to finance
the renovation of the City Park Pool Facility and to finance the City's share
of the construction of the joint pool facility at Mercer Park; and
WHEREAS, at said special election held on June 3, 1986, the electorate of
Iowa City approved the issuance of general obligation bonds for said pur-
poses; and
WHEREAS, an Agreement has been negotiated and prepared with Neumann Monson,
P.C., Architects, for the provision of architectural services in connection
with the design of the new joint swimming pool facility; and
WHEREAS, this City Council has been advised and does believe that it would be
in the best interests of the City of Iowa City to execute and enter into said
Agreement for the provision of said architectural services, a copy of which
is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Agreement for the provision of architectural services by and
between the City and Neumann Monson, P.C. a copy of which is attached hereto
and by this reference made a part hereof, is hereby approved as to form and
content.
AND BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed
to execute, and the City Clerk to attest, said Agreement for and on behalf of
the City of Iowa City, Iowa.
T
Resolution No. 86-234
Page 2
It was moved by McDonald and seconded by Strait
the Resolution be adopted, and upon roll tall there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald j
x Strait i
x Luber
Passed and approved this 1Sth day of July 1986.
I
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ATTEST:%%ler�..i e a..�
I CLERK
Ived d Appro
Ispd ,
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RESOLUTION NO. 86-234
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST AN AGREEMENT FOR THE PROVISION OF ARCHITECTURAL
SERVICES WITH NEUMANN MONSON, P.C., ARCHITECTS, FOR THE DESIGN OF THE
JOINT CITY/SCHOOL DISTRICT SWIMMING POOL FACILITY AT MERCER PARK IN
IOWA CITY.
WHEREAS, the City of Iowa City and the Iowa City Community School District
did, with the assistance of a Joint Swimming Pool Committee established by
said bodies, undertake to study the feasibility and plan the development of a
new joint swimning pool facility to be located at Mercer Park in Iowa City
and adjacent to Southeast Junior High School; and
WHEREAS, upon the recommendation of the Joint Swimming Pool Committee, the
City and the School District did enter into a Memorandum of Agreement, dated
May 6, 1986, stating their intent to jointly develop and operate the said
joint swimming pool facility, pursuant to Agreement under Chapter 28E of the
Iowa Code; and
WHEREAS, upon the further recommendation of the Joint Swimming Pool Commit-
tee, the City Council of the City of Iowa City did call a special election
upon the proposal to issue $3,715,000 of general obligation bonds to finance
the renovation of the City Park Pool Facility and to finance the City's share
of the construction of the joint pool facility at Mercer Park; and
WHEREAS, at said special election held on June 3, 1986, the electorate of
Iowa City approved the issuance of general obligation bonds for said pur-
poses; and
WHEREAS, an Agreement has been negotiated and prepared with Neumann Monson,
P.C., Architects, for the provision of architectural services in connection
with the design of the new joint swimming pool facility; and
WHEREAS, this City Council has been advised and does believe that it would be
in the best interests of the City of Iowa City to execute and enter into said
Agreement for the provision of said architectural services, a copy of which
is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Agreement for the provision of architectural services by and
! between the City and Neumann Monson, P.C. a copy of which is attached hereto
and by this reference made a part hereof, is hereby approved as to form and
content.
AND BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed
to execute, and the City Clerk to attest, said Agreement for and on behalf of
the City of Iowa City, Iowa.
Resolution No. 86-234
Page 2 �—
It was moved b
l McDonald and seconded by
the Resolution be adopted, and upon roll call they e
7 _ Strait
AYES: NAYS: were.
ABSENT:
X
X Ambrisco
Ba ker
Courtney
X X Dickson
X McDonald
X — Strait
Passed and approved this Zuber
i 15th day of _ 1986.
I ��r
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ATTEST: %h.CLERK
A R
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of
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THE AMERICAN INSTITUTE OF ARCHITECTS
i
AIA Document 8141
Standard Form of Agreement Between
Owner and Architect
i
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH j
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT
made as of the day of in the year of Nineteen
{ Hundred and
BETWEEN the Owner: CITY OF IOWA CITY
410 EAST WASHINGTON STREET
IOWA CITY, IOWA 52240
and the Architect: NEUMANN MONSON, P.C.
226 SOUTH CLINTON STREET
IOWA CITY, IOWA 522411
For the following Project:
(Include detailed delcrlp(lon of Project location and scope.)
CONSTRUCTION OF AN INDOOR/OUTDOOR SWIMMING POOL ADJACENT TO SOUTH EAST JUNIOR
HIGH SCHOOL AND MERCER PARK AND DEMOLITION OF MERCER PARK SWIMMING POOL IN
IOWA CITY,
The Owner and the Architect agree as set forth below.
I
Copslight 1917, 1926, 1910, 1951, 1951, 1956, 1961, 1961,1966,1%7.1970,1914, m 1917 6 The An ealcan Imtltute
of Archlleeb, 1715 New Yolk Avenue, N.W., Washington, D.C. 2W6. Re uoduellan of the materiel herein or
mbstanllal quotation o1 IN pmvbiom without permission of The AIA violates the copyright law, of the United
Slues and will he subject 1. legal provocation.
AIA DOCUMENT 1111 • OWNER-ARPUTICT ACREEMENI • 711 1[LNlll EOI110N • JULY 1911 •AIA m 1911
111E AMERICAN INSIINIE OE MCIIITEC75, 1775 NEW YORK AVENUE, N.W., WASIIINGION, D.C. 20006 8741-0977 1
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TERMS AND CONDITIONS OF AGREEMENT -BETWEEN OWNER AND ARCHITECT
ARTICLE 1
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the five
phases described in Paragraphs 1.1 through 1.5 and
include normal structural, mechanical and electrical
engineering services and any other services included
in Article 15 as part of Basic Services.
1.1 SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished
by the Owner to ascertain the requirements of the Project
and shall review the understanding of such requirements
with the Owner.
1.1.2 The Architect shall provide a preliminary evalua-
tion of the program and the Project budget requirements,
each in terms of the other,
SEE /5.y
1.1.3 The Architect shall review with the Owner alterna-
tive approaches to design and construction of the Project.
1.1.4 Based on the mutually agreed upon program and
Project budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents
consisting of drawings and other documents illustrating
the scale and relationship of Project components.
1.1.5.
1.2 DESIGN DEVELOPMENT PHASE
1.2.1 Based on the approved Schematic Design Docu-
ments and any adjustments authorized by the Owner in
the Program or Project budget, the Architect shall pre-
pare, for approval by the Owner, Design Development
Documents consisting of drawings and other documents
to fix and describe the size and character of the entire
Project as to architectural, structural, mechanical and elec.
Irical systems, materials and such other eremenis as may
be aPpropriale,
1.2.2
1.3 .'CONSTRUCTION DOCUMENTS PHASE
1.3.1 Based on the approved Design Development Doc-
uments and any further adjustments in the scope or qual.
ity of ilia Pro�ect or In the Project budget authorized by
the Owner, Ise Architect shall prepare, for approval by
the Owner, Construction Documents consisting of Draw-
ings and Specificatlons selling forth in detail the require-
ments for the construction of the Project.
1.35 The Architect shall assist the Owner in ilia prepara.
lion of the necessary bidding Information, bidding forms,
the Conditions of the Contract, and the form of Agree•
ment between the Owner and the Contractor.
1.3.3 The Architect shall advise the Owner of any adjust.
[Nr,
NEW
menta to previous Statements of Probable Construction
Cost indicated by changes in requirements or general
market conditions.
1.3.4 The Architect shall assist the Owner in connection
with the Owner's responsibility for filing documents re-
qui1red fortheapproval of governmental authorities hay.
R3.3 urSggio,n.'ov the Project.
1.4 BIDDING OR NQEGOTIATION PHASE
1.4.1 The Architect, following the Owner's approval of
the Construction Documents and of the latest Statement
of Probable Construction Cost, shall assist the Owner in
obtaining bids or negotiated proposals, and assist In
awarding and preparing contracts for construction.
1.5 CONSTRUCTION PHASE—ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
1.5.1 The Construction Phase will commence with the
award of the Contract for Construction and, together will,
the Architect's obligation to provide Basic Services under
this Agreement, will terminate when final payment to the
Contractor is due, or in the absence of a final Certificate
for Payment or of such due date, sixty days after the Dale
of Substantial Completion of the Work, whichever occurs
first.
rovided in [his
Unless
otherwise reement and
incorporatedinthe Contract Documents, che Architect
shall provide administration of the Contract for Construc.
lion as set forth below and in the edition of AIA Docu.
ment A201, General Conditions of the Contract for Con-
slruclion, current as of the date of [his Agreement.
1.5.3 The Architect shall be a representative of the
Owner during the Construction Phase, and shall advise
and consult with the Owner. Instructions to the Contrac-
tor shall be forwarded through the Architect-Llaa.,u,46
1.5.4 The Architect shall visit Ilse file at Intervals ap-
propriale to the stage of construction or as otherwise
agreed by the Architect k iairy.fo become generally
familiar with the progress and quality of the Work and to
determine in general if the Work is proceeding in accord.
ante with the Contract Documents. • 44ewevarrt40,4rebi.,
'H+Y-'d-46a-3aforlr.On Ilsubasis of suck on•slte observa-
Ilona as an architect, the Architect shall keep the Owner
Informed of the progress and quality of tl:e Work, and
shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor.
1.5.5 The Architect shall not have control or charge of
and shall not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the
Work, for Ilse acts or omissions of Iltu Contractor, Sub.
8141-1977 3
/ %lb1
SEE
/X/6
1
contractors or any other persons performing any of lite
Work,
a�t
1.5.6 The Architect shall at all limes have access to /11
Work wherever it is in preparation or progress.
1.5.741e -
r.5.ru
c_
1.5.12 The Architect shall have authority to reject Work
which does not conform to the Contract Documents.
Whenever, In the Architect's reasonable opinion, it Is
6141-1977
necessary or advisable for the implementation of the intent
Of tile Contract Documents, the Architect, will have author-
s.. ity 10 require special inspection or testing of the Work in
accordance with the provisions of the Contract Docu-
ments, whether or not such Work be then fabricated, in.
stalled or completed.
1.5.13 The Architect shall review and approve or take
other appropriate action upon the Conlraclor's submittals
such as Shop Drawings, Product Data and Samples, but
only for conformance with the design concept of the
Work and with the information given in the Contract
Documents. Such action shall be taken with reasonable
Promptness so as to cause no delay. The Architect's ap.
proval of a specific item shall not indicate approval of an
assembly of which the item is a component.
1.5.14 The Architect shall prepare Change Orders for
the Owner's approval and execution in accordance with
the Contract Documents,
SEF
1.5.15 The Architect shall conduct inspections to deter-
mine the Dates of Substantial Completion and final com-
pletion, shall receive and forward to the Owner for the
Owner's review written warranties and related documents
required by lite Contract Documents and assembled by
the Contractor, and shall issue a final Certificate for Pay.
ment.
1.5.16 The extent of the duties, responsibilities and lim-
ifalions of authority of the Architect as the Owner's rep.
resentative during construction shall not be modified or
extended without written consent of the Owner, the Con.
tractor and the Architect.
1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.6.1 If the Owner and Architect agree that more ex.
tensive representation at the site than is described in
Paragraph 1.5 shall be provided, the Architect shall pro-
vide one or more Project Representatives to assist the
Architect in carrying out such responsibilities at the site.
1.6.2 Such Project Representatives shall bee lected
ployed and directed by the Architect, and sh, em -
e Architect
shall be compensated therefor as mutually agreed he-
lween the Owner and the Architect as set forth re an be.
hibit appended to this Agreement, which shall describe
the duties, responsibilities and Iintllalions of all describe
hority of
such Project Representatives.
1.6.3. Through the observations by such Project Repre-
sentatives, the Architect shall endeavor to provide further
Protection for the Owner against defects and deficiencies
in Ilse Work, but the furnishing of such project represen[a-
lion shall not modify Ilse rights, responsibilities or obliga.
lions Of the Architect as described in Paragraph 1.5.
1.7 ADDITIONAL SERVICES
The following Services are not Included In Basic
Services unless so Identified In Article 15. They shall
be provided if authorized or confirmed in writing by
the Owner, and [hey shall be paid for by the Owner
as provided in this Agreement, In addition to the
compensation for Basic services.
1719 NEW YORK1VA9111NGr• AIM • 411977
ON, D.C. 2M
Its 1
1.7.1.
. SEE /J'40
1.7.2 Providing financial feasibility or other special
studies.
1.7.3 Providing planning surveys, site evaluations, envi-
ronmental studies or comparative studies of prospective
sites, and preparing special surveys, studies and submis-
sions required for approvals of governmental authorities
or others (laving jurisdiction over the Project.
1.7.4 Providing services relative to future facilities, sys-
tems and equipment which are not intended to be con-
structed during the Construction Phase.
1.7.5 Providing services to investigate existing conditions
or facilities or to make measured drawings thereof, or to
verify the accuracy of drawings or other information fur.
nished by the Owner.
1.7.6 Preparing documents of alternate, separate or
sequential bids or providing extra services in connection
with bidding, negotiation or construction prior to the
completion of the Construction Documents Phase, when
requested by the Owner.
1.7.7 Providing coordination of Work performed by
separate contractors or by the Owner's own forces.
1.7.8 Providing services in connection with the work of
a.construction manager or separate consultants retained
by the Owner.
1.7.9 Providing Detailed Estimates of Construction Cost,
analyses of owning and operating costs, or detailed quan-
tity surveys or inventories of material, equipment and
labor.
1.7.10
1.7.11 Providing services for planning tenant or rental
spaces.
1.7.12 Making revisions in Drawings, Specifications or
other documents when such revisions are inconsistent
with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws
or regulations subsequent to Ilse preparation of such doc.
uments or are due to other causes not solely within the
control of the Architect.
1.7.13 Preparing Drawings, Specifications and supporting
data,�jnd providing other services in connection with
Change Orders to the extent that the adjustment in the
Basit Compensation resulting from the adjusted Con.
struction Cost is not commensurate with the services re-
quired of the Architect, provided such Change Orders are
required by causes not solely within Ilse control of the
Architect.
1,7,14 Making investigations, surveys, valuations, inven.
tories or detailed appraisals of existing facilities, and Sam -
Ices required in connection with construction performed
by the Owner.
1.7.15 Providing consultation concerning replacement of
any Work damaged by fire or other cause during con.
struction, and furnishing services as may be required in
connection will, the replacement of such Work.
1.7.16 Providing services made necessary by the default
of 111e Contractor, or by major defects or deficiencies in
the Work of the Contractor, or by failure of performance
of either the Owner or Contractor under the Contract for
Construction.
1.7.17
WE
1.7.18
SEE
/s43
,nd m inlnn, nen ,nd
117.19 Providing services after issuance to the Owner of
the final Certificate for Payment, or in the absence of a
final Certificate for Payment, more than sixty days after
the Date of Substantial Completion of the Work.
1.7.20 Preparing to serve or serving as an expert witness
in connection with any public hearing, arbitration pro-
ceeding or legal proceeding.
1.7.21 Providing services of consultants for other than
the normal architectural, structural, mechanical and elec-
trical engineering services for the Project.
1.7.22 Providing any other services not otherwise in-
cluded in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
1.8 TIME
1.8.1 The Architect shall perform Basic and Additional
Services as expeditiously as is consistent with professional
skill and care and the orderly progress of the Work. Upon
request of the Owner, the Architect shall submit for the
Owner's approval a schedule for the performance of the
Architect's services which shall be adjusted as required as
the Project proceeds, and shall Include allowances for peri-
ods of time required for the Owner's review and approval
of submissions and for approvals of authorities having
jurisdiction over the Project. This schedule, when approved
by the Owner, shall not, except for reasonable cause, be
exceeded by the Architect. 3EE IS' n7./
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full Information regarding
requirements for Ilia Project including a program, which
shall set forth the Owner's design objectives, constraints
and « iteria, Including space requirements and relation-
ships, flexibility and expandabllily, special equipment and
systems and site requirements.
2.2 If the Owner provides a budget for the Project It
shall Include contingencies for bidding, changes In the
Work during construction, and other costs which are the
responsibility of the Owner, including those described In
this Article bThe Owner shall,
at the request of the Architect, provide a statement of
funds available for the Project, and their source.
AIA DOCUMWT TNI . OWNER-ARC111TECT Ar,RIIMINT - 11IRUENn1 EDITION. PAY 1971. AIAO. 01977
VIE AMERICAN INSTITUTE O7 ANCIOUCIS, 1111 NEW YORNAVENUE, N,w, WAS111NGTON, D.C. 20006 8141-1977 5
,251
2.3 The Owner shall designate, when necessary, a rep-
resentative authorized to act in the Owner's behalf with
respect to the Project. The Owner or such authorized
representative shall examine the documents submitted by
the Architect and shall render decisions pertaining 1lrereto
promptly, to avoid unreasonable delay in the progress of
the Architect's services.
2.5
2.6
2.7 The Owner shall furnish all legal, accounting and in -4
surance counseling services as may be necessary at any
time for the Project, including such auditing services as
the Owner may require to verify the Contractor's Applica.
tions for Payment or to ascertain how or for what pur.
poses the Contractor uses the moneys paid by or on be.
half of the Owner. .
2.8 The services, information, surveys and reports -la_
tin
furnished at the Owner's expense, and the Architect shall
be entitled to rely u on the accuracy and completeness
thereof.SEE 1568
2.9 If the Owner observes or otherwise becomes aware
of any fault or defect In the Project or nonconformance
with the Contract Documents, prompt written notice
thereof shall be given by the Owner to the Architect.
2.10 The Owner shall furnish required information and
services and shall render approvals and decisions as ex.
peditiously as necessary for the orderly progress of the
Architect's services and of the Work.
ARTICLE 3 `�F� iV�9
CONSTRUCTION COST
gned, specified, selected or specially provided for b
I Architect.
3. 3 Construction Cost does not include the comp n-.
sali n of tire Architect and the Architect's consult is,
the Ost of the land, rights-of-way, or other costs s ich
are I e responsibility of Ilse Owner as provided i Arti-
cle 2.
3.2 RE ONSIBILITY FOR CONSTRUCTION/bud
3.2.1 E luations of the Owner's Proj1, State.
ments o Probable Construction CoDetailed
Estimates f Construction Cost, if any,ed by the
Architect, present the Architect's beent as a
design prof sional familiar with the coion indus-
try. It is rec nized, however, that neitArchitect
nor the Own has control over the cobor, mate-
rials or equip Fit, over lire Contractorods of de-
termining bid p 'ccsor over competitivng, market
or
negotiated prices -Ti
proposed, establish I
or from any Statem
other cost estimate c
lett.
3.2.2 No fixed limit
ions. According the Architect
warrant or reps sent that bids or
not vary from he Project budget
or approved bjF the Owner, if any,
of Probable ronstruction Cost or
evaluation plepared by the Archi-
hshed as a condition or Ill
proposal or establishment
(paragraph 1.1.2 or Paragre
fixed limit has been agree)
the parties hereto. If sucl
lished, the Architect shall
is ngencies for design, bidd
)ermine what materials, e
and types of conslructioril
tract Documents, to
scope of the Projed anma 11
ments alternate bids to dj
fixed limit. Any such xec
uc on Cost shall be estab-
p ment by the furnishing,
oject budget under Sub -
or otherwise, unless such
n in writirigand signed by
ixed limit has been estab-
permilted to Include con.
rnd price escalation, to de.
ent, component systems
be included in the Con -
able adjustments in the
In In the Contract Docu-
he onstruction Cost to the
it sl II be increased in the
amount of any incr se In the C tract Sum occurring
after execution of 11 - Contract for nstruction.
3.2.3 If the Biddi g or Negotiation ase has not com-
menced within t ee months after th Architect submits
the Construction Documents to the net, any Project
budget or fixed limit of Construction st shall be ad.
lusted to reflec any change In the goner level of prices
In the consists ion Industry between the to of submis.
sion of lire C nstruction Documents to t Owner and
file dale on (rich proposals are sought.
3,2.4 If a roject budget or fixed limit of ons
Cost (adju led as provided in Subparagraph 2.:
ceeded b the lowest bona fide bid or nego i
sal, 1 Owner shall (1) give written appr -
reas in such fixed limit, (2) authorize rebiddl
goli Ing of the Project within a seasonable th
e P ject is abandoned, terminate in aecordar
Par
aph 10.2, or (4) cooperate In revising the
o and quality as required to reduce the Cons
. In the case of (4), provided a fixed limit of C
Cost has been establishedas a condilion of till
ml, the Archildct, without additional charge, sN
the Drawings and Specifications as necessary to
3.7 IT" 1 Inc
3.1.1 The ctlon Cost a the total cost or ne
estimated cost to the a I elements of tho Project lh
designed or specified Itect. Pa
sc
3.1.2 The Co clion Cost sha ' lude at current Co
market rat ncluding a reasonable allo for over- Ii
head profit, the cost of labor and materials OF
n
e Owner and any equipment which Inas been I y
li 6 8141-1977
AIA DOCUMENT Bill • OWNER -ARCHITECT A'
Tllf AMERICAN IN5TIIU7E OF ARCIIIIECTS,
THIRTEENTH EDITION ,
YORK AVENUE, N.W.,
Is ex-
pro -
of an
or re.
(3) if
with
Iasi
rr
h the fixed limit. The providing of such service shall
the I the Architect's responsibility arts' r in the
establishment o fixed limit, a Ing done so, ilia
Architect shall be anti[ a spensatiors for all services
Performed, in ac cc with ' •reement, whether
or not I struction Please is comment
ARTICLE 4
DIRECT PERSONNEL EXPENSE
4.1 Direct Personnel Expense is defined as the direct sal-
aries of all the Architect's personnel engaged on the Proj-
ect, and the portion of the cost of their mandatory and
customary contributions and benefits related thereto, such
as employment taxes and other statutory employee bene.
fits, insurance, sick leave, holidays, vacations, pensions
and similar contributions and benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Com-
pensation for Basic and Additional Services and include
actual expenditures made by the Architect and the Archi.
tect's employees and consultants in the interest of the
Project for the expenses listed in the following Sub.
paragraphs:
5.1,1 Expense of transportation in connection with the
Project; living expenses in connection wills out-of-town
travel; long distance communications, and fees paid for
securing approval of authorities having jurisdiction over
the Project. SEE /,T 30
5.1.2 Expense of reproductions, postage and handling of
Drawings, Specifications and other documents, excluding
reproductions for the office use of the Architect and the
Architect's consultants.%Wc /IT 3/
5.1.3 Expense of data processing and photographic pro.
duction techniques when used In connection with Addi-
tional Services.
5,1.4
5.1,5 Expense of renderings, models and mock-ups re-
quested by the Owner.
5.1,6 Expense of any addillonal Insurance coverage or
limits, including professional liability Insurance, requested
by the Owner in excess of that normally carried by the
Architect and the Architect's consultants.
i/
1 ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
6.1.1 An Initial payment as set forth In Paragraph 14.1 is
the minimum payment under this Agreement.
6.1,2 Subsequent payments for Basic Services shall be
made monthly and shall be In proportion toservices per-
formed within each Please of services, on the basis set
forth In Article 14. %JEE I 3.3
6.1,3 If and to the extent that Ilia Cant'ct Time Initially
established in the Contract for Conslructlon Is exceeded
AIA DOCUMENT i 1 • OIVNEA I, is h1I I I I AOIfIMENT 1 11
• illlgi[ENiM [OI710N • SULY 1977 •AIM • 1:111977
III[ AMERICAN INSTITUTE OE AECIIIIICIS, VJS NEW YO(IK AVENUE, N.W., SJULY 4610N, 0.c, 74006
8141.1977 7
or extended through no fault of the Architect, compensa.
tion for any Basic Services required for such extended
Period of Administration of the construction Contract
shall be computed as set forth in Paragraph 14,4 for Addi-
tional Services.
6.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
6.2,1 Payments on account of the Architect's Additional
Services as defined in Paragraph 1.7 and for Reimbursable
Expenses as defined in Article 5 shall be made monthly
upon presentation of the Architect's statement of services
rendered or expenses incurred.
6.3 PAYMENTS WITHHUD
6.3.1 No deductions shall be made from the Architect's
compensation on account of penally, liquidated damages
or other sums withheld from payments to contractors, or
on account of she cost of changes in the Work other than
those for which Jhe Architect is held legally liable.
6.4 PROJECT SUSPENSION OR TERMINATION
6.4,1 If the Project is suspended or abandoned in whole
or in part for more than three months, the Architect shall
be compensated for all services performed pilot to receipt
of written notice from the Owner of such suspension or
abandonment, together with Reimbursable Expenses then
due and all Termination Expenses as defined in Paragraph
10.4. If the Project is resumed after being suspended for
more than three months, the Architect's compensation
shall be equitably adjusted.
,a.3� ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
7.1 Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed on
Ilse basis of a Multiple of Direct Personnel Expense shall
be kept on the basis of generally accepted accounting
principles and shall be avallable to the Owner or the
Owner's authorized representative at mutually convenient
times.
ARTICLE B
OWNERSHIP AND USE OF DOCUMENTS
1231
I
L ti
•�- SEf f5.3;i
Arrhl-
g.2
-41140-01116 OF (nF 01149F -H FRAIMPA1,01t .....
8;11&e ;F_ 1 481116See lT 36
ARTICLE 9 SEE 1x.37
ARBITRATION
9. All -claims, disputes and-other•matters in quests
bel en the parties to this Agreement, arising out o or
relalin to this Agreement or the breach thereof, sit be
decide y arbitration in accordance with the C sIruc-
tion Indu ry-Arbitration Rules of the America Arbilra-
lion Assocl ion then obtaining unless the pa es mutu-
ally agree of rwise. Noarbitration, arising t of or re-
lating tb this ieement, shall include, by nsolidation,
Joinder or in an Ther manner, any Will nal person not
a party to this Agr ment except by wit en consent con-
taining a specific re rence to this Alit menl and signed
by the Architect, the net, and an ther person sought
to be joined. Any cons t to arbil lion involving an ad-
dilional person or person shall t constitute consent to
arbitration of any dispute of esaibed therein or with
any person not named or ribed therein, This Agree-
ment to arbitrate and any a mens to arbitrate with an
additional person or per n; ly consented so by the
parties to this Agreemen shall be ecifically enforceable
under the prevailing ai station law.
9.2 Notice of the d and for arbilra' n shall be filed in
writing with the o er party to this A ement and with
the American At trallon Association. T demand shall
be made wilhi reasonable time after the laim, dispute
or other mat In question has arisen. In It event shall
the deman or arbitration be made after the at when
institution f legal or equitableproceedings sed on
such cla , dispute or other matter in question uld be
barred y the applicable statute of limitations.
9.3 ' he award rendered by the arbitrators shall be at,
an judgment may be entered upon It In accordance w t
plicable taw In any court having jurisdiction Ihgrgof.
ARTICLE 10 Wif T38
TERMINATION OF AGREEMENT
1
ft—This; greemenl may be terminated by either Iy
upon s days' written notice should the r party
fall substan to perform In accordant its terms
through no fault a party Inillalin termination.
10.2 This Agreement be rated by the Owner
upon at least seven days' notice to the Architect
In the event that the Pr ct is pe tently abandoned.
10,3 In the eve termination not t l ult of the Ar.
chitect, the tett shall be compensated o services
perform o termination date, together with Ret rs-
abl penses then due and all Termination Expenses
tied In Paragraph 10A.
AIA DOCUMENT 1111 • OWN
g 111.1977 ill[ AAIr BrAN INar,.,,...,
1 Termination Expenses include expenses directly at•
uibuta o termination for which the Architect i t
otherwise co nsated, plus an amount com as a
percentage of the I Basic and Additi Compensa•
lion earned to the time rminati , s follows: j
.1 20 percent if terminati curs during the Sche•
matic Design Pha , r
.2 10 percent ' rmination occurs dur the Design tl
Devel ent Phase; or 1
I
.3 ercent if termination occurs during any su r
quent phase. t
ARTICLE 11
MISCELLANEOUS PROVISIONS i
.,I shall
c
�. A, htlnrr See IT 39
11.2 Terms in this Agreement shall have the same mean. II
ing as those in AIA Document A201, General Conditions
of the Contract for Construction, current as of the dale
of this Agreement. $EE /5.b
11.3 As between the parties to this Agreement: as to all
acts or failures to act by -either party to this Agreement,
any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to t1
have accrued in any and all events not later than the rele. t1
vant Dale of Substantial Completion of the Work, and as t
to any acts or failures to act occurring after the relevant
Dale of Substantial Completion, not later than the date of
issuance of the final Certificate for Payment. f .
11.4 The Owner and the Architect waive all rights
against each other and against the contractors, consult•
ants, agents and employees of the other for damages cow
ered by any property Insurance during construction as set
forth in she edition of AIA Document A201, General Con. '
ditions, current as of the date of this Agreement. The I
Owner and the Architect each shall require appropriate j
similar walvers from their contractors, consultants and
agents.
1
ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Architect, respectively, bind
themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and I
to the partners, successors, assigns and legal representa-
tives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall II
assign, sublet or transfer any Interest In this Agreement I
without the written consent of the other, l
ARTICLE 13
EXTENT OF AGREEMENT
13.1 This Agreement represents the entire and integrated
agreement between the Owner and the Architect and
supersedes all prior negotiations, representations or agree•
ments, either written or oral. This Agreement may he
amended only by written Instrument signed by both
Owner and Architect.
1111X1
Y00.x
ARTICLE 14
BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments
to the Architect, and the other Terms and Conditions of this Agreement, as follows:
14.1 AN INITIAL PAYMENT of
shall be made upon Executionbf this Agreement and ciedited tb the'Owner's account as follows:.. r. �•00 )
14.2 BASIC COMPENSATION
14,2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15
as part of Basic Services, Basic Compensation shall be computed as follows:
Ilan Invert hntr of wmpenmfanI (nduding reed amoonu, multiple, or pecenNsec, and Idecury phao to which particular method, of coni
tion apply, 11 necuuryl
TWO -HUNDRED -THIRTY-FOUR THOUS penia
AND, TWO HUNDRED DOLLARS AND NO/100 ($234 ,200.00)
In addition to the above amount for services, $18,000 shall be Included as a
not -to -exceed total for reimbursable expenses.
I
i
14.2.2 Where compensation Is based on a Stlpuiated Sum or Percentage of Construction Cost; payments for Basic '
Services shall be made as ptovided in Subparagraph 6,1.2,'so
that Basic Compensation for
equal the following percentages of the total Basic Compensation
�
eacfi'
phase shall
payable:
flndude any additional pha,o a appreprNte)",' �
I
i
Schematic Design Phase:
Design Development Phase: FIFTEEN
Construction Documents Phase: TWENTY
percent(15 %)
Bidding or Negotiation Phase: FORTY
percent (20 %)
percent (40 Ya)
. Construction Phase: FIVE
percent(05 a/o)
TWENTY
percent(20 %al
100 X
i
14,3 FOR PROJECT REPRESENTATION BEYOND BASIC
be computed separately in accordance with
ICEj 6 p ascribed in Paragraph 1.61 Compensation
Subpar gtraph
shall
AIA DOCUMINr aill • OWNEq•ANCIIIrECIAWEEM[Nr • INI tEENIII EOI110N
TH[ AM[RICAN INf717UT[ Or ARCIIIT[CIS, 1715 NEW YORK AV(HUf,
IUIY 1717 •AIM • 8119)7
N,W„ WA5111NGIO ' D.C. xKD6
6141.197J
( t
I
T
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in
eluded In Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen-
sation shall be computed as follows:
(Hers Insert basis of compensation, including rates smaller multiples of Direct Personnel Espense for Principal, and employees. and identify Principal,
and danify employees. 11 required. Identify socithe services to which particular methods of compensation apply. It necessary.)
HOURLY RATES.F0R- PERSOWEL INVOLVED.IN THE WORK IN ACCORDANCE -WITH THE
ENCLOSED SCHEDULE..
14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi-
tional Services, a multiple of ONE AND 15/100 ! 1.15 1 limes the amounts billed
to the Architect for such services.'
(Identify specific Inset of eonsu(unu In Article is. 11,enul,ed.)
14,5 FOR REIMBURSABLE EXPENSES, as described In Article 5, and any other items Included In Article 15 as Reim-
bursable Expenses, A multiple of UNE AhD'15/100 1 1.15 i times the amounts ex-
pended by the Architect, the Architect's employees and consultants in the Interest of the Project.
i
14,6
place Of
--business of !IN; Aishianct,
I1110. A
sEFrs�►
14.7 The Owner and the Architect agree In accordance with the Terms and Conditions of this Agreement that:
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation
shall be equitably adjusted.
i
14.7.2 IF THE SERVICES covered by this Agreement have not been completed within
i (24) months of the date hereof through no fault of the Architect, the amounts of compensation, -rates and
multiples set forth herein shall 6e equitably adjusted.
1AIA DOCUMENT ai • OWNER•ARCIIITECf AGREEMENr. TIfIRI TENNI EUI TION . JULY 1977 • AIA . 4)1977
10 8141.1977 THE AMERICAN INSTITUTE OF ARCIIITECIS, 1735 NEW YORK AVENUt, N.W., WASHINGION, D.C. 20005
T
IThis Agreement entered into as of the day and year first written above.
OWNER CITY OF. IOWA CITY
410 EAST WASHINGTON STREET
IF "ab -86
ARCHITECT NEUMANN MONSON, P.C.
226 SOUTH CLINTON STREET
IOWA CITY, IOWA 52240
i iaEn r co, a or
BY
BY zi��..� .J r .
pianK. Karr, City Clerk
IOWA CITY, IOWA 52240
12 5141.1977 AIA OOCUMINI silkl . OWNER•ARCIIITICr AGREEMENT • 11112TEENTIl EDITION. TINY 19171 AIAR. O 1971
111E ARIIRICAN INSTITUTE Of ARCHITECTS. 1731 NEW YORK AVENUE, N.W.. WASHINGTON, C. 7000E
I
i
i
IThis Agreement entered into as of the day and year first written above.
OWNER CITY OF. IOWA CITY
410 EAST WASHINGTON STREET
IF "ab -86
ARCHITECT NEUMANN MONSON, P.C.
226 SOUTH CLINTON STREET
IOWA CITY, IOWA 52240
i iaEn r co, a or
BY
BY zi��..� .J r .
pianK. Karr, City Clerk
IOWA CITY, IOWA 52240
12 5141.1977 AIA OOCUMINI silkl . OWNER•ARCIIITICr AGREEMENT • 11112TEENTIl EDITION. TINY 19171 AIAR. O 1971
111E ARIIRICAN INSTITUTE Of ARCHITECTS. 1731 NEW YORK AVENUE, N.W.. WASHINGTON, C. 7000E
I
Article 15 - Other Conditions or Services
SUPPLEMENTARY CLAUSES AND PROVISIONS
-"f
15.1 BASIC SERVICES: The Architect shall be responsible for the design of
an indoor/outdoor swimming pool and associated facilities such that
the total construction cost shall not exceed $3,216,100. If the
lowest bona fide bid exceeds the amount of $3,216,100 or any other
fixed limit as mutually agreed upon by Owner and Architect, the Owner
shall, at its sole option and discretion, (1) give written approval
of an increase in such limit, (2) authorize rebidding the project
within a reasonable time, or (3) cooperate in revising the project
scope and quality as required to reduce the probable construction
cost. In case of (3), the Architect, without additional charge,
shall modify the drawings and specifications as necessary to bring
the construction cost within the fixed limit.-
For
imit.
For the purposes of this Agreement, the specific person of Kevin
Monson shall be in charge as the project director. Changes in as-
signment shall be grounds for termination of this Agreement.
j The Director of Parks and Recreation will be the Owner's representa-
tive with respect to the work to be performed in this Agreement. He
shall have complete authority to transmit instructions, receive
Ij information, process change orders, interpret and define policies and
decisions with respect to materials, equipment, elements and systems
pertinent to th is project.
The Architect shall recognize that, due to the nature of this pro-
ject, many other individuals will be involved to some extent during
the course of this project. The City will provide additional con-
struction supervision beyond that supervision required to be provided
by the Architect under the terms of this contract.
The Indoor/Outdoor Swimming Pool will be designed by the Architect.
It is understood that the work will be divided into two parts. Part
I will include the schematic design phase (paragraph 1.1). Part II
will include the design development phase (paragraph 1.2); construc-
tion documents phase (paragraph 1.3); bidding or negotiation phase
(paragraph 1.4) ; construction phase (paragraph 1.5); and construction
observation services (Appendix 1, paragraph 1.2.1.5). The phases of
services are included in this document as defined in AIA Document
8141-1977. Specific tasks for Part I and Part II are detailed in
Appendix 1 (Scope of Services), which is appended hereto and made a
part of this contract.
15,2 CONTRACT EXECUTION; Initiation of work on Part II is contingent upon
aPprova y e e torate of the bond referendum, on June 3, 1986.
Therefore, no workecmay begin on Part II until written notice to
proceed is given to the Architect by the Owner. It is expressly
understood that the Owner is under no obligation for costs incurred
in Part II until the written notice to proceed to Part II is issued
to the Architect.
1z'NI
I
2
15.3 BASIC SERVICES: The Request for Proposal for Architectural and
Engineering Services, due by November 20, 1985, and the proposal
presented by Neumann Monson, P.C., received by the City Clerk on
November 20, 1985, are hereby made part of this Agreement. The
Architect will provide services and prepare documents as necessary
for the completion of the project described in these documents. The
City of Iowa City has adopted a Minority/Women's Business Enterprise
Commitment of 3%. The Architect will make every reasonable attempt
to meet this requirement.
15.4 BASIC SERVICES: The Architect, consultant(s), contractor(s), subcon-
tractors) , vendor(s) , etc., shall comply with all applicable fed-
eral, state, and local laws regarding equal employment opportunities
and non-discrimination.
15.5 BASIC SERVICES: At the completion of all Part I services, the Archi-
ec w- present the documents developed to the Owner and the City
Council of Iowa City at a mutually agreed time, as deemed necessary
by the Owner.
15.6 BASIC SERVICES: After final approval by the Owner, the Architect
will make minor revisions in drawings, specifications, and other
documents if requested by the Owner as part of Basic Services. Major
revisions to these documents requested by the Owner shall be made by
the Architect as additional services. Upon the owner's request for
revisions, the Architect will advise Owner if the requested revision
is to be a minor or major revision. The Architect will not proceed
with the work on major revisions requested by the Owner without
written notice to proceed.
15.7 BASIC SERVICES: The Architect will research swimming pool facility
state-of-the-art and accumulate supplemental information to develop
design criteria.
15.8 BASIC SERVICES: In Part II Services, in addition to the services
listed in paragraphs 1.2; 1.3; 1.4; 1.5; and 1.6, and the tasks in
Appendix 1 of this Agreement, it is agreed that the Architect will
notify the owner when the Construction Documents Phase is 50% com-
plete and will meet with the Owner to review all portions of the
completed drawings including architectural, structural, civil, me-
chanical, electrical, and landscaping work.
The Architect will attend meetings and sessions as mutually agreed
upon as necessary during the construction stage.
FE 15.9 PARAGRAPH 1.1.2:
i Delete material indicated.
t
fi
h,
Y
Y
1
i
113
T
1-
I
3
15.10 PARAGRAPH 1.1.5:
Delete the entire paragraph, substitute:
The Architect will submit five copies of the Schematic Design studies
and three sets of Statement of Probable Construction Costs based on
current area, volume or other unit costs.
15.11 PARAGRAPH 1.2.2:
Delete the entire paragraph, substitute:
The Architect will submit five copies of the Design Development
Documents and three sets of further Statement of Probable Construc-
tion Cost.
15.12 PARAGRAPH 1.3.5:
Add new paragraph.
The Architect shall submit five copies of the Construction Documents
and three sets of copies of the revised Statement of Probable Con
struction Costs.
15.13 PARAGRAPH 1.5.3;
Delete last sentence,
15.14 PARAGRAPH 1.5.4;
Alter the first sentence as follows: Delete "in writing" and substi-
tute "herein."
' I
Delete the second sentence, add sentences:
The Architect along with appropriate consultant(s) shall attend
regular scheduled and any specified meetings with Owners and Repre-
sentatives and contractor's representatives as required by the cir-
cumstances of the project. The Architect shall keep meeting minutes,
prepare a report of meeting and distribute copies to Owner offices
and contractors concerned.
15.15 PARAGRAPH 1.5.5:
Delete material indicated.
15.16 PARAGRAPHS 1.5.7 through 1.5.9:
Delete the entire paragraphs.
4
i
15.17 PARAGRAPH 1.5.10:
Delete the entire paragraph, substitute:
The Architect shall interpret the requirements of the construction
contract documents. Interpretations and decisions of the Architect
shall be consistent with the intent of and reasonably inferable from
the Contract Documents and shall be in written or graphic form. The
Architect shall have the authority to act on behalf of the Owner. The
Owner shall be consulted by the Architect concerning interpretation
and decisions and be provided with a written copy of same.
15.18 PARAGRAPH 1.5.11:
Delete the entire paragraph.
15.19 PARAGRAPH 1.5.14:
Delete material indicated.
15.20 PARAGRAPH 1.7.1:
Delete the entire paragraph.
15.21 PARAGRAPH 1.7.10:
Delete the entire paragraph.
15.22 PARAGRAPH 1.7.17:
Delete the entire paragraph.
15.23 PARAGRAPH 1.7.18:
Delete the entire paragraph.
15.24 PARAGRAPH 1.8.1:
Add the following sentences:
The Architect will complete the tasks described in Part I Services in
Appendix 1 and will submit this information to the Owner by 5:00
p.m., July 16, 1986. Initial preparation of plans and specifications
and bid documents shall be completed within 60 days after this con—
tract is executed, and notice to proceed is issued.
15.25 PARAGRAPH 2.4:
Delete the entire paragraph.
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' 15.26 PARAGRAPH 2.5:
Delete the entire paragraph, substitute:
As part of the Basic Services in Part I, the Architect shall provide
complete geotechnical services consisting of borings and any other
reports or tests as required by law or the Contract Documents will be
furnished by the appropriate Contractor as specified in the Contract
?i Documents.
15.27 PARAGRAPH 2.6:
Delete the entire paragraph, substitute:
As part of the Basic Services in Part II, the Architect shall pro-
vide, structural, mechanical, chemical, and other laboratory tests,
inspections, and reports as required by law or the Contract Docu-
ments. Such tests, inspections and reports to be conducted and
furnished by the appropriate contractor as specified in the Contract
Documents.
i
15.28 PARAGRAPH 2.8:
Delete material indicated , substitute:
required by paragraph 2.7 shall be...
15.29 Article 3:
Delete entire article. I
15.30 PARAGRAPH 5.1.1: I .
Add last sentence.
i
No charges for transportation or communications shall be made for
services rendered by architect's personnel from the Sioux City. Iowa,
office.
i
15.31 PARAGRAPH 5.1.2:
F Add these words to the last sentence:
...and two sets of documents to be supplied to the Owner.
15.32 PARAGRAPH 5.1.4:
Delete the entire paragraph, substitute:
All rates of pay for employees of the Architect working on this
project will be paid at regular straight time rates.
M C
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15.33 PARAGRAPH 6.1.2.;
Add the following sentence:
Services performed will be identified in the monthly progress report
which will form the basis for monthly invoices.
i
15.34 PARAGRAPH 6,1,4.:
Delete the entire paragraph.
15.35 OWNERSHIP OF DOCUMENTS - PARAGRAPH 8.1.:
Delete the entire paragraph, substitute:
All drawings, design, specifications, notes, and other work produced
by the Architect in the performance of this Agreement shall be and
remain in the sole property of the Owner, and with respect thereto,
the Architect agrees not to assert any rights or establish any claim
under any design, patent or copyright laws.
15.36 PARAGRAPH 8.2.;
Delete the entire paragraph.
15.37 ARBITRATION ARTICLE 9.:
Delete entire article and title and substitute the following:
DISPUTE RESOLUTION:
All claims, counterclaims, disputes and other matters in question
between Architect and the Owner arising out of or relating to this
Agreement or breach hereof will be decided by arbitration if the
parties mutually agree, or otherwise in a court of competent juris-
diction.
In any case in which Architect and the Owner mutually agree to submit
a matter to arbitration, such arbitration shall be conducted pursuant
to applicable statutes of the State of Iowa at the time in effect
Cmmercial and, to the extent permitted by said statutesime in , in accordance with the
ffect Of the erican
ArbitrationAAssociation,rbitration
unless es attthetpartieseagree otherwise, The
party desiring such arbitration shall give notice to that effect to
the other party and shall in such notice appoint as one of the
arbitrators a disinterested person of recognized competence in the
field involved. Within ten (10) days thereafter, the other art
shall by notice to the original party appoint as an arbitrator a
second disinterested person of recognized competence in such field.
disinterestedrPerson appointed
in suchifie arbitrator
andtsuch
three arbitrators shall as promptly as possible determine such mat-
ter, provided that, if the second arbitrator is not appointed as
` aforesaid, the matter shall be decided by the first arbitrator.
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15.33 PARAGRAPH 6.1.2.;
Add the following sentence:
Services performed will be identified in the monthly progress report
which will form the basis for monthly invoices.
i
15.34 PARAGRAPH 6,1,4.:
Delete the entire paragraph.
15.35 OWNERSHIP OF DOCUMENTS - PARAGRAPH 8.1.:
Delete the entire paragraph, substitute:
All drawings, design, specifications, notes, and other work produced
by the Architect in the performance of this Agreement shall be and
remain in the sole property of the Owner, and with respect thereto,
the Architect agrees not to assert any rights or establish any claim
under any design, patent or copyright laws.
15.36 PARAGRAPH 8.2.;
Delete the entire paragraph.
15.37 ARBITRATION ARTICLE 9.:
Delete entire article and title and substitute the following:
DISPUTE RESOLUTION:
All claims, counterclaims, disputes and other matters in question
between Architect and the Owner arising out of or relating to this
Agreement or breach hereof will be decided by arbitration if the
parties mutually agree, or otherwise in a court of competent juris-
diction.
In any case in which Architect and the Owner mutually agree to submit
a matter to arbitration, such arbitration shall be conducted pursuant
to applicable statutes of the State of Iowa at the time in effect
Cmmercial and, to the extent permitted by said statutesime in , in accordance with the
ffect Of the erican
ArbitrationAAssociation,rbitration
unless es attthetpartieseagree otherwise, The
party desiring such arbitration shall give notice to that effect to
the other party and shall in such notice appoint as one of the
arbitrators a disinterested person of recognized competence in the
field involved. Within ten (10) days thereafter, the other art
shall by notice to the original party appoint as an arbitrator a
second disinterested person of recognized competence in such field.
disinterestedrPerson appointed
in suchifie arbitrator
andtsuch
three arbitrators shall as promptly as possible determine such mat-
ter, provided that, if the second arbitrator is not appointed as
` aforesaid, the matter shall be decided by the first arbitrator.
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The Architect and the Owner shall be entitled to present evidence to
the arbitrators or arbitrator as the case may be. The decision of
the arbitrators or arbitrator shall be in writing and shall be final
and binding upon Architect and the Owner, and judgment thereon may be
j entered in any court of competent jurisdiction.
The fees and expenses of the arbitrators shall be divided equally
between Architect and the Owner, provided, however, that if the
arbitrators determine that either party has acted in bad faith in
referring any matter to arbitration or in the conduct of arbitration,
the arbitrators may, to the extent permitted by law, assess the party
acting in bad faith with more than one-half of the fees and expenses
of the arbitrators and all or a portion of the other party's
expenses, including attorney's fees.
No arbitration, arising out of or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi-
tional person or entity not a party to this Agreement except by
written consent of the Owner, Architect, and person or entity sought
to be joined. Any consent to arbitration involving an additional
person or entity shall not constitute consent to arbitration of any
dispute not described herein. Nothing herein shall be construed to
bind the parties to arbitration nor to bar legal remedies in law or
in equity with regard to civil liability, breach of contract or other
issues arising from this Agreement.
15.38 TERMINATION OF CONTRACT: ARTICLE 10.:
Delete entire article, except title and substitute:
The Owner may terminate this contract in whole or in part, at any
time by written notice to the Architect. The Architect shall be paid
his costs, including contract close-out costs, reimbursable expenses,
and profits on work performed up to the effective date of termina-
tion. The Architect shall promptly submit his termination claim. If
the Architect has any property in his possession belonging to the
Owner, the Architect will account for same, and dispose of it in the
manner the Owner directs.
i
15.39 PARAGRAPH 11.1.;
Delete the entire paragraph, substitute:
This Agreement shall be governed by the substantive laws of the State
of Iowa, and not the laws of conflict of the State of Iowa.
15.40 PARAGRAPH 11.2.;
Add these words to the last sentence:
...and included as a part of this Agreement by reference.
izst
15.41 COMPENSATION: PARAGRAPH 14.6.:
Delete the entire paragraph, substitute:
All rates used by the Architect as the basis of estimated compensa-
tion are subject to City audits. If such rates are determined to be
different as a result of audit, payments already made to the Archi-
tect shall be subject to appropriate refunds to the Owner accord-
ingly.
15.42 AUDIT AND INSPECTION OF RECORDS: The Architect shall keep and main-
tain al 1 records pertinent to this project for a period of three
years after completion and acceptance of the project and shall permit
the representatives of the Owner to inspect and audit all data and
records of the Architect relating to his performance under the con-
tract until the expiration of three (3) years after final payment
under this contract.
15.43 The Architect further agrees to include in all its subcontracts
hereunder provisions to the effect that the subcontractor (1) agrees
to keep and maintain all records pertinent to this project for a
period of three years after completion and acceptance of the project,
and (2) agrees that the Owner, or Owner's duly authorized representa-
tive, shall, until the expiration of three (3) years after completion
and acceptance of the project, have access to and the right to exam-
ine any directly pertinent books, documents, papers, and records of
such subcontractor, involving transactions related to the subcontrac-
tor.
15.44 PROHIBITED INTERESTS: No member, officer, or employee of the Owner
or of a oca pub is body during his tenure or one year thereafter
shall have any interest, direct or indirect, in this contract or the
proceeds thereof.
15.45 EQUAL EMPLOYMENT OPPORTUNITY: In connection with the execution of
th s contract, the Architect shall not discriminate against any
employee or applicant for employment because of race, religion,
color, sex or national origin. The Contractor shall take affirmative
action to ensure that applicants are employed, and the employees are
treated during their employment, without regard to their race, relig-
ion, color, sex or national origin. Such actions shall include, but
not be limited to, the following: employment upgrading, demotion, or
transfer; recruitment or recruitment advertising; lay-off, or termi-
nation; rates of pay, or other forms of compensation; and selection
for training, including apprenticeship.
15.46 MINORITY /WOMEN'S BUSINESS OPPORTUNITIES: In connection with the
Pe r ormance o s con rac a rc ect will cooperate with the
Owner in meeting its commitments and goals with regard to the maximum
utilization of minority/women's business enterprises, and will use
reasonable efforts to ensure that MBEs and WBEs shall have practica-
ble opportunity to compete for subcontract work under this contract.
The Owner has set a goal of 3% for MOE/WOE for this contract.
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,15.47 If any of the MBE or WBE subcontractors default on the contract, the
Architect will make a good faith effort to replace them with another
MBE or WBE subcontractor certified by the Owner as a bona fide MBE or
WBE for the remaining amount of work of the defaulted subcontract.
15.48 PROGRESS REPORTS: The Owner will review the work progress by the
Architect and will be responsible for project guidance and direc-
tives.
15.49 It is understood that the reviews by the Owner are general in nature
and that the Architect will verify such review for technical accu-
racy, sufficiency, and consistency.
15.50 The Architect will submit a monthly written statement of the status
of work within each phase.
15.51 SUBCONTRACT APPROVAL: Subcontracting, assignment, or transfer of all
or part of the duti5s, activities and responsibilities the Architect
is obligated to perform by the terms of this agreement are prohibited
except with prior written approval of the Owner. In the event the
Owner gives such approval, the party or parties to whom such work is
subcontracted, assigned, or transferred shall be bound and obligated
by the terms and conditions of this agreement as fully and completely
as the Architect, and the Architect shall thereafter, in writing, to
the satisfaction of the Owner, identify the work to be performed by
such party or parties. The Architect shall have full responsibility
for the work performed by such party or parties.
15.52 The Architect shall take such action with respect to any subcontract
or procurement as the Owner may direct as a means of enforcing such
provisions, including sanctions for non-compliance; provided, how-
ever, that in the event the Architect becomes involved in or is
threatened with litigation with a subcontractor or supplier as a
result of such direction, the Architect may request the Owner to
enter into such litigation to protect the interests of the Owner.
15.53 MAINTENANCE OF RECORDS: The period of access and examination for
records which relate to (1) appeals under the "Arbitration" clause of
this contract; (2) litigation or the settlement of claims arising out
of the performance of this contract; or (3) costs and expenses of
this contract as to which exception has been taken by the owner,
shall continue until such appeals, litigation, claims or exceptions
have been disposed of.
15.54 PATENT RIGHTS: The Architect will save, keep, bear harmless and
tully indemnTfy the Owner and all of its employees or agents from all
damages, costs, or expenses in law and equity, that may at any time
arise, or be set up, for any infringement of the patent rights of any
person or persons in consequence of the use by the Owner or by any of
its employees or agents, of articles specified by the Contract Docu-
ments. The Owner will give to the Architect prompt notice in writing
of any suit or proceeding and permit the Architect, through his
counsel, to defend same and will give all information, assistance,
and authority available.
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15.55 ADMINISTRATION: The Director of Parks and Recreation or his designee
will administer this contract for the Owner and will serve as the
Project Representative and will be responsible for liaison between
the Owner and Architect. The project director will be responsible
for representing the firm and its consultants and for all contacts
with the Owner.
15.56 The Project Director will direct and manage all services provided by
the Architect and its consultants.
15.57 All communication and contact between the Owner and Architect will be
only through the Office of the Director of Parks and Recreation and
the Project Director, respectively. Other contacts will be consid-
ered unofficial unless otherwise authorized.
15.58 INDEMNIFICATION: The Architect shall be responsible for and
n emn y, a end, and hold harmless the Owner, its officers, and
employees from all claims and suits for loss of or damages to prop-
erty, or personal injuries, including death to persons, and from all
Judgments recovered therefor, and from all expenses incurred in
defending said claims or suits, or enforcing this provision, includ-
ing court costs and attorney fees and other expenses arising out of
errors, omissions, or negligent acts of the Architect or its consult-
ants in connection with the performance of this contract.
15.59 The Architect shall, without additional compensation, correct or
revise any errors or deficiencies in plans, reports and other serv-
ices performed by the Architect, and in addition, the Architect shall
be responsible for damages incurred by the Owner as a result of the
errors, omissions and negligent acts of the Architect and its subcon-
tractors.
15.60 SAVINGS CLAUSE: If any provision of this agreement is held invalid,
the remainder—of this agreement shall not be affected thereby if such
remainder would then continue to conform to the terms and require-
ments of applicable law.
15.61 CONTRACT NON-PERFORMANCE: In the event of the Architect's non -com-
p ante w e prov s ons of this contract, the Owner shall impose
such contract sanctions as it may determine to be appropriate, in-
cluding, but not limited to:
A. Withholding of payments to the Architect under the contract until
the Architect complies, and/or
f B. Cancellation, termination, or suspension of the contract, in
whole or in part.
15.62 If at any time it is determined by the Owner that there is any out-
standing right or claim of right in or to the project property, the
existence of which creates an undue risk of interference with opera-
tion of this project or the performance of the covenants of the
Architect herein contained, the Architect will acquire, extinguish or
modify said right or claim in a manner acceptable to the Owner.
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15.63 The Architect will promptly, upon written notification reimburse the
owner for any justification audit exceptions.
15.64 PROFESSIONAL RESPONSIBILITY: Although the Architect does not guar an -
tee per ormance y the construction contractor and subcontractors,
nothing in this Agreement nor any language used in any contract in
connection with this project shall be construed as relieving the
Architect from the obligation to perform its duties under this Agree-
ment in a professional and competent manner.
Approvals by the City shall not be deemed to be an assumption of
responsibility and liability by the City for any defect in the de-
signs,
da by gtheanArchitect,c theirs agents,or employeeserand
other subcontractors, it being the intent of the parties that ap-
proval of the City signifies the City's approval of only the general
design concept of the improvements to be constructed. The Architect
covenants and agrees to and does hereby indemnify and hold harmless
the City, its officers, agents and employees from any loss, damages,
liability or expense on account of damage to property and/or injuries
(including death) to any person or persons, including employees or
agents of the Architect, which might arise out of any negligence of
the Architect, their employees or agents, or out of any defect or
deficiency in Architect's designs, working drawings, specifications
or other engineering documents incorporated into any improvements
constructed in accordance herewith. The Architect shall defend at
its expense any suit or other proceedings brought against the City or
its officers, agents or employees on account thereof and shall pay
all expenses and satisfy all judgments which may be incurred by or
rendered against the City or its officers, agents or employees in
connection herewith; providing and except, however, that this defi-
ciency provision shall not be construed as requiring the Architect to
indemnify or hold harmless the City, its officers, agents or employ-
ees for loss, damages, liability or expense on account of damage to
property or personal injury, including death, arising out of negli-
gence of the City, its officers, agents, or employees, including, but
not limited to, defects or deficiencies in design criteria and infor-
mation furnished to the Architect by the City and which the Architect
could not discover by the exercise of reasonable diligence, or devia-
tions by the contractor in construction from the Architect's designs,
working drawings, specifications or other engineering documents
except such deviations as might occur with the approval of the Archi-
tect or during the performance of work over which the Architect has
responsibility for observation
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APPENDIX 1
i
SCOPE OF SERVICES
Part I Services shall include in Basic Services:
1. 1.1 The Architect shall provide preliminary work resulting in:
1.1.1.1 Schematic design of the swimming pool, building(s) and site,
1.1.1.2 Detailed estimate of specific activities in areas (sq. ft.)
of the facility,
1.1.1.3 Detailed cost estimate of the total project, including:
(l ,
a. site preparation
b. construction of the structure(s)
c, purchase and installation of equipment
d. site improvements
e. other pertinent items
1.1.2 The Architect will provide facility programming services which will
include an analysis of the Owner's needs and programming requirements
of the project.
1.1.3 It will be necessary for representatives of the Architect to work very
closely with the City of Iowa City staff. Progress reports (verbal)
will be required weekly to the Owner.
1.1.3.1 The Architect will investigate and identify existing site
problems and consider various alternative site plans for the
facility as they relate to design criteria. I
1.1.4 The Architect will be required to develop a detailed site design in
coordination with the Owner's staff. The Architect will also be
required to prepare a preliminary layout of the design which wi11
consist of drawings and other documents, to sufficiently illustrate
the proposed concept for the approval of the Owner.
1.1.5 The Architect will also provide the following:
1.1.5.1 A soils testing program which, in its professional judgment,
is adequate to provide information required to design and
construct facilities as per the Architect's drawings and
specifications.
1.1.5.2 A certified land survey of the site showing all topographic
features, contours and existing utility information,
1.1.6 The Architect will be responsible for and be required to:
1.1.6.1 Prepare project development scheduling, site development,
planning, detailed site utilization studies, on-site utility
studies, and coordinate consulting/review/approval,
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1.1.6.2 The Architect will, with respect to the schematic d9sign
phase of the project, be responsible for architectural sche-
matic design (wherever possible utilizing data already avail-
able from the Owner), civil design concepts, structural
design concepts, electrical design concepts, mechanical
design concepts, landscape design concepts, interior design
concepts, statement of probable construction costs, agency
consulting/review/approval, Owner supplied coordination, and
presentation of project development scheduling.
Part II Services shall include in Basic Services: I
1.2.1 The Architect shall be responsible for and be required to:
1.2.1.1 With respect to the design development phase of the project,
be responsible for architectural design development, civil j
design development, which is to include but not to be limited
to engineering and design for storm sewers, traffic ways,
structural design development, electrical design development,
mechanical design development, landscape design development,
interior design development, outline specification, statement
of probable construction cost, agency consulting/review/ap-
proval, and project development scheduling.
1.2.1.2 The Architect will prepare working design and construction
documents consisting ofplans, specifications and bid docu-
ments. Such documentation will be prepared to facilitate
bidding and construction of logical and appropriate systems.
It will be the responsibility of the Architect to write all
specifications and bid documents for the construction of the
swimming pool facility, and specifications and bid documents
for all equipment of a special nature.
1.2.1.3 The Architect will, with respect to the construction docu-
ments phase of the project, prepare the following: architec-
tural working drawings, civil construction documents,
structural construction documents, mechanical construction
documents, electrical construction documents, landscape
construction documents , interior construction documents,
specifications, statement of probable construction cost, and
will be responsible for agency consulting/review/approval and
document checking/coordination. All construction documents
will be submitted to the owner for approval.
1.2.1.4 The Architect will, with respect to bidding, be responsible
for bidding documents and addenda, and for any negotiations
required prior to contract award.
1.2.1.5 The Architect will, with respect to construction contract
administration, be responsible for construction observation,
shop drawings, (submittals and review), construction cost
accounting, supplemental documents, quotation requests and
change orders, testing and inspection coordination, part-time
project representation, project close-out, civil engineering,
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structural engineering , mechanical engineering, electrical
engineering, landscape architecture and interiors, and prepa-
ration of record drawing of construction as actually accom-
plished.
1.2.1.6 The Architect will prepare the design of special furnishings
j for the facility. iSpecial attention must be paid to the
energy efficiency (construction and operation) of the pro-
ject. Solar energy techniques and state-of-the-art insulation
techniques should be explored as part of basic services.
1.2.1.7 The Architect will provide interior design and other similar
services for or in connection with the selection, procure-
ment, and installation of fixed equipment.
1.2.1.8 The Architect will provide a manual which will include
warranties, operating, and maintenance requirements for new
equipment systems, including solar or hot water heating
systems, based upon the recommendations of the appropriate
manufacturers.
1.2.1.9 At the completion of each construction stage, the Architect
will prepare and submit to the Owner a set of reproducible
record drawings showing significant changes in the work made
during construction based on marked -up prints, drawings and
other data furnished by the Contractor to the Architect.
1.2.2 The Architect shall:
1.2.2.1 Conduct regular weekly progress meetings with Contractor and
Owner and prepare minutes of same.
1.2.2.2 Receive and reply to all correspondence from Contractor.
1.2.2.3 Review the Contractor's construction schedule.
1.2.2.4 Recommend any changes to the work that may be needed or
desirable for the expeditious completion of the project.
Issue all change orders to the Contractor and review cost
proposals for same. All change orders shall first be ap-
proved by the Owner.
1.2.2.5 Provide review and analysis of any claims for delay and/or
additional compensation filed by the Contractor.
1.2.2.6 Review Contractor's monthly payment requisitions and recom-
mend appropriate payment approvals to the Owner.
1.2.2.7 Review all shop drawings, samples, catalog cuts, brochures,
guarantees, and certificates for compliance with contract
documents.
1.2.2.8 Be responsible for all areas as outlined in this document.
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TYPICAL FEE SCHEDULE - SWIMMING POOLS - Enclosed Type
Base Fee % Construction Phase
including
Field & Project Maximum
Construction Cost Const.
Management Fee %
$ 50,000 Multiple of
Hourly rate
100,000 8.8
See Note 3 10.75
150,000 8.6 O If i
10.50
200,000 8.4 of toI`
10.25
250,000 8.2 It U if
10.00
300,000 8.0 11 If
9.75
400,000 7.8 it119.50 r
500,000 7.6 u n 119.25
600,000 7.4 r If If
9.UU
7UU,DD0 7.2 O n
8.75
1,000,000 1.0
8.50
1,500,000 6.8
If 11 8.25
2,000,000 6.6 I
8.OU
3,500,000 6.4 u
7.75
5,000,000 6.2 n n to
7.50
NOTES:
1. Fees are negotiable depending on specific factors.
2. The complexity of the project (remodeling. renovation) may increase the
�l base fee depending on specific conditions.
3. In addition 'to the base fee, we provide project management and field
inspection services at the following hourly rates (local services only):
Project Management $45/hour
(Shop drawing, certification of payments, etc.)
Field Inspection Services $150/per trip
(Observation of construction)
Depending on Contractors performance and project complexity, total cost of
peServices
rcentagedifferencduring-the Construction
lPhase, a
ebetweenBaseandMaximumFless
h
Fee. Innocasean hshall the
( fee exceed the Maximum Fee.
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NEIII1ArIN Ml1NSON, P.C.
IUWA CITY, IOWA
SCHEDULE UP HOURLY RATES
The various personnel of the Firm have been classified according to
experience and technical training, and the following schedule of charges for
services will apply for all work performed during 1986.
For the work undertaken in subsequent year, this schedule may be
negotiated upward as a direct result of salary escalation.'
Revised May, 1984
91
Classification
Hourly Rate
Clerical
$20.00
Grade
A Technician
22.UU
Grade
B Technician
26.00
Grade
C Technician
29.00
Grade
1 Pre -Professional
28.00
Grade
2 Pre -Professional
30.UU
Grade
3 Professional
40.UU
Grade
4 Professional
45.00
Grade
5 Professional
50.00
Principal
55.UU
Senior Principal
6U.UU
Revised May, 1984
91
j
CITY OFIOWA CITY
I CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356 5CIb
FEE
3050
STATE OF IOWA 1986 RUG 26 AN 8: 29
SS
JOHNSON COUNTY) l/ 'nCCJRDu.;I
J0811SA Cu .I f1761
do hereMarian
bycertify that,City
theResolution attacheClerk of the d heretoof aCity,
y
isatIowa,
and correct rue
ssed b
the City Council of Iowa y of the RCity, tIowa, ion 'oata reguwarcmeetinhih was gaheld on
the 15th ay of all as the same appears
of record n my off*
Dated at Iowa City, Iowa, this 25th day ofAUeust ,igg§_
M—ari n I arrLn �ICQ J
City Clerk
CORPORATE RE1\1.
VOL $%Fj PAGE 08"j
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RESOLUTION N0: 86-235
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN
THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS, THE CITY OF IOWA CITY
AND JOHNSON COUNTY PROVIDING FOR THE DELIVERY OF PLANNING SERV-
ICES BY THE JOHNSON COUNTY COUNCIL OF GOVERNMENTS.
WHEREAS, it is the mutual interests of the member agencies of the Johnson
County Council of Governments to enter into an agreement providing for the
delivery of planning services by the Johnson County Council of Govern- i
ments; and
WHEREAS, Chapter 28E of the Code of Iowa, 1985, provides that any power —
exercisable by a public agency of this state may be exercised jointly with
any other public agency of this state having such power. I
i I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Mayor be authorized to execute and the City Clerk to attest this i
agreement.
2. The City Clerk shall file the agreement with the Secretary of State
and the Johnson County Recorder.
and seconded b McDonald
It was moved by Strait Y
the Resolution be adopted, an upon roll call there were:
i
AYES: NAYS: ABSENT:
X AMBRISCO
X BAKER
COURTNEY
X DICKSON
X MCDONALD
X STRAIT
X ZUBER
Passed and approved this 15th day of July 1986.
M
ATTEST:
Racnhred R ApPmv6d
r Z3Z
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114PLEMENTATION AGREEMENT
This agreement Is entered into by and between the Johnson County Council of
E Governments, hereinafter referred to as JCCOG, Johnson County, hereinafter
FI L referred to as County, and the City of for City, hereinafter referred to as
Johnson Co;, Iowa city.
AUG ' 7 1986
WHEREAS, it is in the mutual interests of the County, City and JCCOG to enter
/TS�t.N�%fL�� into an agreement providing for the delivery of planning services by JCCOG;
�M�+
COUNTY AUDITOR and
WHEREAS, Chapter 28E of the Code of tor, 1985, provides that any power
exercisable by a public agency of this state may be exercised jointly with
any other public agency of this state having such power.
NOW, THEREFORE, FE IT AGREED BY AND BETWEEN THE CITY, THE COUNTY AND JCCOG as
follor:
1. SCOPE OF SERVICES:
A. All stiff responsibilities, services and duties to be performed by or
on behalf of JCCOG Shall be performed solely by employees of the City
or the County, pursuant to the provisions herein.
B. The City shall provide the part tin services of the following City
staff mimbgrsi Planning and Program Bavelopmt Director, who shall
serve as Director of the JCCGG staff, Secretary, and Minute Tatar.
Permnml costs, including payroll taxes and benefits, for them
positions shall be paid by the City. Administrative and support
costs incurred for services performed by persons in them pottttons
an behalf of JCCOG slsall be charged to JCCOG, as provided below.
C. In addition, the City shall provide to JCCOG the full-time services
Of a Trensportitton planner, an Assistant Transportation Planner, and
r A Hanan Services Coordinator and the part-time services of a
SUL
01
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2
Technical Assistant and a Community Assistance Coordinator. All
personnel, administrative and support costs Incurred for these
positions will be paid from the JCCOG accounts, as provided below.
0. The County shall provide the services of a Senior Planner to serve as
the Division Head of the Aural Planning Division. It Is agreed that
• the Senior Planner In addition shall continue to provide to the hoard
of Supervisors and the County Zoning Commission those services m
I
required of his/her position with the County. The Senior Planner - i -
shall remain a County employee and all personnel costs, Including
payroll tests and benefits, shall ,be paid by the County All -
administrative and support costs Incurred by the Senior Planner shall
be charged to JCCOG, as provided below.
i. E. JCCOG shall provide to the County. City and other member agencies
planning services consistent with Article III of its Amended Articles
of Agreement, as directed by the JCCOG Board of Directors and Aural m '
I Policy bard. The duties and responsibilities assumed heroin by the
County and City shall be In addition to those established for the two m
i
members, pursuant to Article V11 of the +mended articles,
i
It. ACCOUNTING SERVICES:
7
As a repository for funds out of Mich disbursements shall be made, an
accounting system for JCCCG shall be established by the City. Accounts
m for JCCOG shall be established within the City General Fund and torts
assessed to JCCOG shall be charged to the appropriate account. Monthly
and quarterly tabulations of expenditures Incurred by JCCOG shall be
provided by the City.
111. INDEMNIFICATION:
The parties to this Agreement hereby agree to mutually defend and
Identify each other, and their respective officers, employees, and
agents, from any and all liability, loss, cost, damage and expense
resulting frau, arising out of, or incurred by reason o1 any claims,
1Z'S2.
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actions or sults based upon the actions, policies, or directives of
CaMty and City employees while performing services pursuant to this
agreement for JCCOO.
Ir. DURATION:
This Agreement shall become effective upon the acceptance and execution
of the parties and shall continue In effect until modified or repealed
by the written consent of the parties. Any party may terminate this
.._ agreement by giving written notice of Intent to terminate no tater than
March 15th of any year, to take effect on July I of the following
calender year (15 Wnths advance notice).
Dated this =� day of 1986.
ON COUNTY
BY: a
er a err fors
ATTEST: _ Tun.. sl'miaaL L� /).Maw, 'rj
M- �J
Dated this 15th day of July 1986.1986.
CITY OF 10 CITY
oaree+n+ad � yor r
ATTEST:
Lith[ er
. Dated this 4�:ay of—. 1988.
JOH ON COUNTY COUNCIL OF COVEAIK"S
BY•r
// Cha rpmwt
ATTEST:
gr
l
MARY JANE ODELL
SECRETARY OF STATE
Ws
&tact of .lofna
lietretarp of btate
MIE; Bainto
August 26, 1986
Marian K. Karr, CMC
City Clerk
City of Iowa City
Civic Center
410 E. Washington Street
Iowa City, IA 52240
STATE CAMOL BUILdNO
DES MOINES. IA BO,,B
51,•:81.51,, '
Re: 28E Agreement between the City of Iowa City, Johnson
County, and the Johnson County Council of Governments
for the delivery of planning services by the Johnson
County Council of Governments.
Dear Ms. Karr:
We have received the above described agreement, which
You submitted to this office for filing,pursuant to
the provisions of Chapter 28E, 1985 Code of Iowa.
You may consider the same filed as of 8:36 A.M.,
August 26, 1986,
MJO/jm
Cordially,
Ma"ry�J a dell Se
y of State
F F�
nU ; 2 ; Isu
MARIAN K. KARR
CITY CLERK (1)
RESOLUTION NO. 86-236
RESOLUTION AUTHORIZING AND APPROVING AN AMENDED 1986 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET.
WHEREAS, the City of Iowa City is the recipient of Community Development
Block Grant (CDBG) funds granted by the U.S. Department of Housing and
Urban Development (HUD) under Title I of the Housing and Community Devel-
opment Act of 1974, as amended; and
WHEREAS, on November 19, 1985, the City of Iowa City adopted Resolution
No. 85-331 authorizing filing of the 1986 CDBG Program Statement; and
WHEREAS, the Reagan Administration's Deferral of CDBG funds, and the
Gramm -Rudman -Hollings Balanced Budget Act, have resulted in a reduction in
the original grant allocation from $658,800 to $513,000; and
WHEREAS, certain changes in specific CDBG projects are necessary, as
outlined in the revised Budget Summary for the 1986 COBB Program Year,
attached herewith as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the amended 1986 Community Development Block Grant Program Budget, as
more particularly described in Exhibit A, is hereby authorized and ap-
proved.
It was moved by McDonald and seconded by Zuber the Resolu-
tion be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
_X_ BAKER
X COURTNEY
X DICKSON
R MCDONALD
�X_ _ STRAIT
X ZUBER
Passed and approved this 15th day of ,lulu 1986.
/�OR 4
ATTEST:
``
C YTIS
I:@Odlved d AIPnrl�
BY Thi lel DSM M
e7
/A 33
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EXHIBIT A
BUDGET SUMMARY
1986 CDBG PROGRAM YEAR
-I
Approved
Proposed
11-19-85
7-15-86
I
Public Works and Facilities
1. Iowa Youth Corps - Napoleon Park Project (Mayor's
Youth Employment Program)
$26,860
$ 26,860
2. Community Support Services and Day Treatment
Program (Mid -Eastern Iowa Community Mental Health
Center)
115,000
115,000
3. Mark Twain School Playground Revitalization
1,000
1,000
4. Crisis Center - Food Bank Facility
156,500
156,500
5. Handicare, Inc. Expansion
49,000
49,000
6. Goodwill Industries Renovation
127,000
127,000
7. Systems Unlimited Group Homes
70,000
70,000
8. Terrell Mill Park Improvements
1,200
1,200
9. North Market Square Handicapped Accessibility Play Area
3,000
3,000
II
Public Services
1. Shared Housing Program Continuation
20,000
20,000
2. Synthesis Studio Improvement (United Action for Youth)
6,000
6,000
3. Elderly Home Services Coordinator/Case Manager
35,000
3,500
4. Human Services Coordinator
0
23,869
III
Removal of Architectural Barriers
I. Residential Elderly/Handicapped Accessibility Project
20,000
20,000
2. Curb Ramp Installation
5,000
5,000
IV
Rehabilitation of Residential Properties
1. Emergency Housing Project Repairs
8,000
10,000
2. Housing Modifications for Low/Moderate Income
Frail Elderly (Elderly Services Agency)
8,000
8,000
3. Comprehensive Housing Rehabilitation and Weather-
ization Program
180,000
184,903
V
General Administration
1. General Program Administration
107,000
107,000
2. Planning & Program Development
10,000
VI
Other
1. Disposition
0
11000
2. Contingency
110,240
42,222
TOTAL
1,048,800
991,054
Sources of Funds
1986 CDBG Entitlement Grant
658,800
513,000
1984 CDBG Carryover - Congregate Housing & Assisted
Housing
390,000
377,954
1984/85 CDBG Carryover - Miller/Orchard Parkland
100 1g_0
TOTALcquisition
1-6W6
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City of Iowa City
MEMORANDUM
Date: July 11, 1986
To: City Council nn
From: Rosemary Vitosh, Finance Directorv_V-�opiti,
Re: Defeasance of Sewer Revenue Bonds
Currently the City has outstanding sewer revenue bonds from issues sold in
1965 and 1966. In planning for the upcoming issuance of $38,950,000 in
Sewer Revenue Bonds (to be sold July 29, 1986) we determined that it was
preferable to defease the old bond issues so that the City would no longer
need to comply with the current bond resolution covenants. This would
permit a redrafting of the bond resolution which better meet today's
needs. One major change will be that the new bond resolution will require
a coverage factor of 1.1 while the old bond resolution required a coverage
of 1.35. The lower coverage factor results in lower user rates than would
have otherwise been required.
$800,000 in bonds is currently outstanding on the old bond issues. These
bonds are scheduled to mature through FY95 and carry interest rates from
3.25% to 3.75%. We will defease the issue by establishing a trust fund
with available monies in our current sewer fund balances. This transac-
tion will be handled in the same manner as was the trust fund and de-
feasance for the water revenue bonds (done in June, 1986).
Because the trust fund will be invested at higher interest rates than the
old revenue bonds carry, the City will be transferring less than the out-
standing bond principal amount ($800,000) to the trust which along with
future interest earnings will then be sufficient to pay all scheduled
future debt service payments. In order to benefit from the interest
earnings from the trust funds, the City will not call any bonds prior to
maturity dates.
The defeasance and establishment of the trust funds will be completed
prior to the date of sale for the new bond issue.
tp518
/0145
Z4- eb �c_
86-237
July 15th , 1986
The City Council of Iowa City, Iowa, met in regular
session, in the Council Chambers, Civic Center, Iowa City,
Iowa, at 7:30 o'clock S.M., on the above date. There were
present Mayor Ambrisco , in the chair, and the
following named Council Members:
Ambrisco. Baker, Courtney, McDonald
Strait, Zuber.
Absent: Dickson
r
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".A Co ..p 1. H".,,S Ih, MU .. Wy.n M b.
i
86-237
Council Member Zuber introduced the
following resolution entitled "RESOLUTION APPROVING THE
FUNDING TRUST AGREEMENT DATED JUNE 30, 1986, AND AUTHORI2ING
ITS EXECUTION", and moved that the resolution be adopted.
Council Member Courtneyseconded the motion to
adopt. The roll was called and the vote was,
AYES:Zuber, Ambrio, Baker, Courtney,
ona trascit.
NAYS: None. Absent: Dickson
Whereupon, the Mayor declared the resolution duly adopted
as follows:
RESOLUTION APPROVING THE FUNDING TRUST AGREEMENT
DATED JUNE 30, 1986, AND AUTHORIZING ITS EXECUTION
WHEREAS, $850,000 Sewer Revenue Bonds, Series 1965, dated
April 1, 1965, and $900,000 Sewer Revenue Bonds, Series 1966,
dated January 1, 1966, have been sold at public sale for the
Purpose of improvements and extensions to the Municipal
Sanitary Sewer Utility; and
WHEREAS, in order to provide for the proper and timely
application of money and investment income derived from the
operation of the Utility for the payment of the principal and
interest due on the Sewer Revenue Bonds, dated April 1, 1965,
and January 1, 1966, (hereinafter "Funded Bonds"), it is
necessary to enter into a Funding Trust Agreement and to enter
into certain covenants with the holders of the Funded Bonds; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
IOWA CITY, IOWA:
Section 1. That the City Treasurer, is hereby appointed to
act on behalf of the City as Trustee pursuant to the terms of
the Funding Trust Agreement.
1
Section 2. That the Funding Trust Agreement, is hereby
approved and that the Mayor and Clerk are authorized to sign
the Agreement on behalf of the City of Iowa City, Iowa. The
City Treasurer is authorized to sign the Agreement as Trustee
thereunder. The City Finance Director is authorized to acquire
the necessary investments in the necessary amounts and
maturities and cause the same to be deposited in trust with the
Trustee and the terms of the Funding Trust Agreement to be
performed.
-2-
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PASSED AND APPROVED this 15th day of July ,
1986.
I i7
Mayor
ATTEST:
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CIG -3
4-85
CERTIFICATE I.
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby
certify that attached is a true and complete copy of the
portion of the corporate records of said Municipality showing
proceedings of the Council, and the same is a true and complete i
copy of the action taken by said Council with respect to said
matter at the meeting held on the date indicated in the
attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting
and all action thereat was duly and publicly held in accordance
with a notice of meeting and tentative agenda, a copy of which
was timely served on each member of the Council and posted on a
bulletin board or other prominent place easily accessible to
the public and clearly designated for that purpose at the
principal office of the Council (a copy of the face sheet of
lj said agenda being attached hereto) pursuant to the local rules
of the Council and the provisions of Chapter 21, Code of Iowa,
upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as
required by said law and with members of the public present in
attendance; I further certify that the individuals named
j therein were on the date thereof duly and lawfully possessed of
1 their respective city offices as indicated therein, that no !
I{ council vacancy existed except as may be stated in said
proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization, !,
existence or boundaries of the City or the right of the
individuals named therein as officers to their respective
positions.
WITNESS my hand and the seal of said Municipality hereto
of fixed this 15th day of July , 1986.
f
City Clerk, Iowa City, Iowa
1} SEAL
i
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! j mm Cn .. M.* "4... A Nib.., i.w,.n. on w�... w.. ' A Si '..
COMPLETE A.%1O RETURN TO
MR. HAYNIE
THE CITY OF IOWA CITY, IOWA
TO
THE CITY TREASURER
IOWA CITY, IOWA
i
AS TRUSTEE
i,
FUNDING TRUST AGREEMENT
Dated as of
June 30, 1986
i
SECURING THE FOLLOWING OUTSTANDING BONDS OF THE CITY OF
IOWA CITY, IOWA:
$850,000 principal amount of Sewer Revenue Bonds,
Series 1965, dated April :L 1965, which bonds are now
outstanding in the principal amount of $410, 000, maturing i
on January let of the ea
Y rs 1987-1995, and bearing interest
at the rate 3.258 and 3.408] and
I'
$900,000 principal amount of Sewer Revenue Bonds,
Series 1966, dated January 1, 1966, which bonds are now
outstanding in the principal amount of $390,000, maturing
on January let of the years 1987-1995, and bearing interest
at the rate of 3.409 and 3.758.
ANn4 [m.y Onmwln IIIirN, Lm.h { {Ilp.., �l.1�n1, Dn {NM.. M � .
Article
Number
IV.
TABLE OF CONTENTS
Title
page
Preamble
i
Granting Clauses
f
E,
Habendum
k
Definitions
i
Deposit of Money with Trustee and
C
Purchase of U.S. Obligations
t
Proceeds of U.S. Obligations; Transfer
i
Creation and Sources of Certain Funds;
Application of Money and U.S.
Obligations
5
Reinvestments; Substitution of U.S.
Obligations; Arbitrage Not Permitted
R
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Article
Number
IV.
TABLE OF CONTENTS
Title
page
Preamble
2
Granting Clauses
2
Habendum
2
Definitions
3
Deposit of Money with Trustee and
Purchase of U.S. Obligations
5
Proceeds of U.S. Obligations; Transfer
i
Creation and Sources of Certain Funds;
Application of Money and U.S.
Obligations
5
Reinvestments; Substitution of U.S.
Obligations; Arbitrage Not Permitted
6
Covenants of the City and the Trustee
6
Concerning the Trustee
7
Defeasance; Unclaimed Money
B
Miscellaneous Provisions
9
Testimonium and Execution
10
Schedules "A", "B" and "C"
11 & 12
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All right, title and interest of the City in and to the
U.S. Obligations purchased from the money described in Article
-2-
THIS FUNDING TRUST AGREEMENT made and entered into as of
the last day of June
by and between the City of Iowa City,
Iowa ("City") and the City Treasurer
("Trustee"), as Trustee:
W I T N E S S E T H
WHEREAS, the City has heretofore issued certain Sewer
Revenue Bonds, consisting two
of issues totaling $1,750,000 of
which $800,000 are outstanding and which bonds
are sometimes
hereinafter referred to as "Funded Bonds" and which
are more
definitely described in Schedules "A" and "B" attached hereto
and made a part hereof by this reference; and
L
WHEREAS by a resolution adopted by the City Council on
July 15, 1986
k
, the City has provided for the
funding of the "Funded Bonds"; and
WHEREAS accumulated Sewer revenues will be applied,
together with other funds, to
the purchase of United States
Government obligations described in Schedule "C"
attached
hereto ("U.S. obligations"), which will mature at such times
r
and in such amounts, l
incuding investment income therefrom, as
will be sufficient to
pay all of the Funded Bonds, principal
and interest; and
WHEREAS in order to provide for the proper and timely
application of
such money and investment incometherefrom to
the payment of the Funded Bonds, it is
necessary to enter into
this Funding Trust Agreement and to enter into certain
1.
cove-
nants with the holders from time to time of the Funded Bonds;
'
NOW, THEREFORE, the City, in consideration of the premises
and of the
acceptance by the Trustee of the trusts hereby
created, and of the
sum of One Dollar ($1.00) lawful money of
the United States of America to it
duly paid by the Trustee at
or before the execution and delivery of these
presents, and for
other good and valuable consideration, the receipt of which is
%
hereby acknowledged; and in order to secure the payment of the
principal of and interest
}
on all of the Funded Bands according
to their tenor and effect, does by these
presents hereby grant,
sell, warrant, remise, release, convey, assign, transfer,
alien, mortgage, pledge, set over and confirm, unto the
Trustee,
j:
and to its successors in the trusts hereby created,
and to it and its assigns forever,
i,
all and singular the
property hereinafter described, to -wit:
DIVISION I
All right, title and interest of the City in and to the
U.S. Obligations purchased from the money described in Article
-2-
r
I hereof, and more particularly described in Schedule "C"
attached hereto and hereby made a part hereof.
DIVISION II
All right, title and interest of the City in and to all
income, interest and increment derived from or accruing to the
Investments described in Article II hereof.
DIVISION III
Any and all other property of every kind and nature from
time to time hereafter, by delivery or by writing of any kind,
conveyed, pledged, assigned or transferred as and for
additional security hereunder by the City or by anyone in its
behalf to the Trustee, which is hereby authorized to receive
the same at any time as additional security hereunder.
DIVISION IV
All property which is by the express provisions of this
Agreement required to be subject to the pledge hereof and any
additional property that may, from time to time hereafter, by
delivery or by writing of any kind, be subject to the pledge
hereof, by the City or by anyone in its behalf, and the Trustee
Is hereby authorized to receive the same at any time as
additional security hereunder.
TO HAVE AND TO HOLD, all and singular, the trust estate,
including all additional property which by the terms hereof has
or may become subject to the encumbrances of this Agreement,
unto the Trustee, and its successors and assigns, forever.
In Trust, however, for the benefit and security of the
holders from time to time of the Funded Bonds, but if the
Funded Bonds shall be fully and promptly paid when due in
accordance with the terms thereof and hereof, then this
Agreement shall be and become void and of no further force and
effect, otherwise the same shall remain in full force and
effect, and upon the trusts and subject to the covenants and
conditions hereinafter set forth.
ARTICLE I
Definitions
Section 1.01. In addition to words and terms elsewhere
defined in th s Agreement, the following words and terms as
used in this Agreement shall have the following meanings,
unless some other meaning is plainly intended:
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AN. C� M. J,, Jw".. t"m A mm .. j...",
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"Agreement" shall mean this Funding Trust Agreement dated
j as of June 30, 1986, between the City and the Trustee;
} "City" shall mean the City of Iowa City, a municipal
corporation in Johnson County, Iowa;
1
"Code" shall mean Internal Revenue Code of 1954, as
amended; I
"Fiscal Year" shall mean the period of time beginning
July 1 of each year and ending on the last day of June of the ;
following year;
"Minimum Balance" shall mean the minimum amount of money
plus the face amount of U.S. Obligations required to be
maintained in the Funded Bonds Trust Fund while any of the f
Funded Bonds shall be outstanding and unpaid, and which minumum [
amount shall be not less than that which, including all income,
interest and increment derived from or accruing to the U.S.
Obligations and without the need for any further investment or
reinvestment, will be sufficient to retire all of the Funded
Bonds as the same come due;
"Funded Bonds" shall mean the outstanding bonds of the City
more particularly described in Schedules "A" and "B" attached
hereto;
"State" shall mean the State of Iowa;
I
"Trust Estate", "trust estate" or "pledged property" shall
mean the property, rights and interest of the City which are
subject to the lien of this Agreement or intended to be subject
to the lien of this Agreements
"Trustee" shall mean the City of Iowa City, Iowa, acting by
and through its City Treasurer and successors to that officer
with respect to the trust imposed by this instrument.
"U.S. Obligations" shall mean the direct obligations of the
United States Government constituting part of the Trust Estate
and any other obligations of the United States Government
substituted therefor in accordance with the provisions of
Section 4.01 hereof;
"Written Request" with respect to the City shall mean a
request in writing signed by the Mayor or Clerk of the City, or
by any other officer of the City satisfactory to the Trustee.
-4—
Aw". C. oo. W ro .. spm •,uro... I�
Section 1.02. Words of the masculine gender shall be
deemed and construed to include correlative words of the
feminine and neuter genders. Words importing and singular
number shall include the plural number and vice versa unless
the context shall otherwise indicate. The word "person" shall
include corporations, associations, natural persons and public
bodies unless the context shall otherwise indicate. Reference
to a person other than a natural person shall include its
successors.
ARTICLE II
DEPOSIT OF MONEY WITH TRUSTEE AND
PURCHASE OF U.S. OBLIGATIONS
Section 2.01. The City shall deposit with the Trustee,
from the sources described below, in federal or otherwise
immediately available funds, the following amounts of money:.
(a) U.S. Obligations in the amount and as described in
Schedule "C" attached hereto;
(b) 599.94 in cash from funds of the City.
Section 2.02. The money deposited with the Trustee
pursuant --to 2.01 hereof shall be applied by the Trustee
as follows:
(a) the amount of 594.94 shall be retained in cash;
(b) the U.S. Obligations described in Schedule "C"
attached hereto shall be held in the Trustee's own name or
invested in U.S. Oblgations required to satisfy the
requirements and purposes of this instrument.
ARTICLE III
PROCEEDS OF U.S. OBLIGATIONS;
TRANSFER, CREATION AND SOURCES OF CERTAIN FUNDS;
APPLICATION OF MONEY AND U.S. OBLIGATIONS
Section 3.01. The Trustee shall receive payment for the
matuFed interest pand cinipal of e
increments therefrom, and othe same tsha11 beheldand disposed of by the Trustee as herein provided.
Section 3.02. There is hereby created a fund to be known
as ''Funded Sewer Revenue Bonds Trust Fund." There shall be
deposited and held in said fund all money deposited with the
Trustee pursuant to Section 2.01 hereof, and all of the U.S.
Obligations acquired pursuant to Section 2.02 hereof; and there
- 5 -
AICA Caws Dorval", K"'.. 5m h A Al".. 1, ,M D. Abv.., k... 1z%4
01
shall be retained in said fund all income, interest and
increment accruing from the U.S. Obligations to the extent
required for the payment of the principal of and interest on
the Funded Bonds, or necessary to maintain the Minimum Balance
therein. All of the money and the U.S. Obligations in said
fund, except as herein otherwise expressly provided, are hereby
-irrevocably pledged to the payment of the principal of and
interest on the Funded Bonds. Money in said fund shall be
transferred as required to the respective Sinking Funds created
for the payment of the Funded Bonds, and shall be applied to
the payment of the principal of and interest on the Funded
Bonds for the payment thereof when due, as summarized in
Schedules "A" and "B" attached hereto and made a part hereof,
on or before the principal and interest payment dates of the
Funded Bonds as shown by the attached schedules. When none of
the Funded Bonds and appurtenant coupons shall be outstanding,
any balance then remaining in the Funded Bonds Trust Fund shall
be transferred to the City.
ARTICLE IV
REINVESTMENTS: ARBITRAGE NOT PERMITTED
Section 4.01. The Trustee shall have the power to sell,
transfer, otherwise dispose of or request the redemption of the
U.S. Obligations and to substitute therefor other direct
obligations of the United States of America. The Trustee shall
purchase such substitute U.S. Obligations with the proceeds
derived from the sale, transfer, disposition or redemption of
the U.S. Obligations so sold or otherwise disposed of. Any
such transaction may be effected by the Trustee only if the
Trustee shall have received a written opinion from a nationally
recognized firm of certified public accountants that the
substitution will not cause the amount of money and U.S.
Obligations in the Funded Sewer Revenue Bonds Trust Fund to be
reduced below the Minimum Balance.
` ARTICLE V
1
COVENANTS OF THE CITY AND THE TRUSTEE
Section 5.01. The Trustee will keep books of record and
account n wh ch complete and correct entries shall be made of
all transactions relating to the receipts, disbursements,
allocations and application of the money and U.S. Obligations
accruing to the Trustee hereunder, and such books shall be
available for inspection at reasonable hours and under
reasonable conditions by the holders of the Funded Bonds.
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M"n.
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I
Section 5.02. Within two months after the close of each
Fiscal Year, the Trustee will prepare a complete financial
statement covering receipts, disbursements, allocation and
application of money and U.S. Obligations for such Fiscal Year.
Section 5.03. The City will not sell, transfer, assign,
pledge or otherwise dispose of or encumber all or any:part of
the Trust Estate, except as provided in Section 4.01 hereof.
Section 5.04. The City will, at its expense, execute,
acknowledge, deliver, record, or file this Agreement and all
and every such further acts, deeds, conveyances, mortgages,
assignments, transfers, financing statements, continuation
statements, and assurances as the Trustee shall require for the
better assuring, conveying, pledging, assigning and confirming
unto the Trustee the Trust Estate hereby pledged, or intended
so to be, or which the City may be or may hereafter become
bound to pledge, convey or assign to the Trustee, or for
carrying out the intention or facilitating the performance of
the terms of this Agreement.
ARTICLE VI
CONCERNING THE TRUSTEE
Section 6.01. The liability of the Trustee for the payment
of the prTncip—al of and interest on the Funded Bonds shall be
limited to the Trust Estate.
The recitals herein shall be taken as the statements of the
City and shall not be considered as made by, or imposing any
obligation or liability upon, the Trustee. The Trustee makes
no representations as to the value, conditions or sufficiency
of the Funded Sewer Revenue Bonds Trust Fund, or any part
hereof, or as to the title of the City thereto, or as to the
security afforded thereby or hereby, or as to the validity of
this Agreement, and the Trustee shall incur no individual
liability or responsibility in respect of any of such matters.
Section 6.02. The Trustee may at any time resign with the
written consent of the City Council of the City. Upon such
resignation, the City shall promptly appoint a successor
trustee in an instrument in writing executed by order of its
City Council. If no successor trustee shall have been so
appointed and have accepted an appointment within 60 days after
such notice of resignation, the resigning Trustee may petition
any court of competent jurisdiction for the appointment of a
successor trustee. The court may thereupon, after such notice,
if any, as it may deem proper and prescribe, appoint a
successor trustee.
-7-
AM.A Cawey. fU 1. "Nt Ln A AllM .. U, M. Dn Mw.. M..,
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Any successor trustee shall be a corporation organized and
doing business under the laws of the United States or the State
authorized under such laws to exercise corporate trust powers,
having its principal office and place of business in the State,
having a combined capital and surplus of at least $5,000,000,
and subject to the supervision or examination by Federal or
State authority.
Any successor trustee shall execute, acknowledge and
deliver to the City and to its predecessor trustee an
instrument accepting such appointment hereunder, and thereupon
the resignation of the trustee, without any further act, deed
or conveyance, shall become vested with all the rights, powers,
trusts, duties and obligations of its predecessor in the trusts
hereunder, with like effect as if originally named as trustee
herein; but nevertheless, on the written request of the City or
on the request of the successor trustee, the Trustee ceasing to
act shall execute and deliver an instrument transferring to
such successor trustee, upon the trusts herein expressed, all
the rights, powers and trusts of the trustee so ceasing to act.
Upon the request of any such successor trustee, the City shall
execute any and all instruments in writing for more fully and
certainly vesting in and confirming to such successor trustee
all such rights, powers and duties. Any predecessor trustee
shall pay over to its successor trustee any unearned portion of
the Trustee's fee hereunder.
ARTICLE VII
DEFEASANCE; UNCLAIMED MONEY
Section 7.01. The covenants, liens and pledges entered
into, created or imposed pursuant to this Agreement shall be
fully discharged and satisfied when all of the Funded Bonds
shall have been paid in full, both as to principal and
interest.
Section 7.02. Upon such discharge and satisfaction this
Agreement shall cease, determine and become null and void. Any
successor Trustee shall, upon the written request of the City,
and upon receipt by the successor Trustee of an officer's
certificate from the City and an opinion of counsel, each
stating that in the opinion of the signers all conditions
precedent to the satisfaction and discharge of this Agreement
have been complied with, forthwith execute proper instruments
acknowledging satisfaction and discharge of this Agreement.
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M .M cow .. W. * H, ..1 Ih
Section 7.03. Notwithstanding any other provision of this
Agreement, any money held by the Trustee hereunder in trust for
the payment of the principal of and interest on the Funded
Bonds, and remaining unclaimed for ten years after the
principal of all said bonds shall have become due and payable,
shall then be repaid to the City upon its written request, and
the holders of such bonds shall thereafter be entitled to look
only to the City for the repayment thereof, and liability of
the Trustee with respect to such money shall thereupon cease.
In the event of the repayment of any such money to the City as
aforesaid, the holders of the bonds secured hereby with respect
to which such money was deposited shall thereafter be deemed to
be unsecured creditors of the City, without interest.
Notwithstanding the foregoing the Trustee, shall, upon the
written request of the City repay such money to the City at any
time earlier than ten years, if failure to repay such money to
the City within such earlier period shall give rise to the
operation of any escheat statute under applicable State law.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 8.01. Nothing in this Agreement expressed or
implied is intended or shall be construed to give to any person
other than the City, the Trustee and the holders of the Funded
Bonds, any legal or equitable right, remedy or claim under or
in respect to this Agreement or any covenants, conditions or
provisions therein or herein contained; and all such covenants,
conditions and provisions are and shall be held to be for the
sole and exclusive benefit of the City, the Trustee and the
holders of said bonds.
Section 8.02. Whenever in this Agreement the giving of
notice by mail or otherwise shall be required, the giving of
such notice may be waived in writing by the person entitled to
receive such notice and in any such case the giving or receipt
of such notice shall not be a condition precedent to the
validity of any action taken in reliance upon such waiver.
Section 8.03. In case any one or more of the provisions
contained in this Agreement shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any
other provisions of this Agreement, but this Agreement shall be
construed as if such invalid or illegal or unenforceable
provision had never been contained herein.
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M , Co ,, po 4( HryM. SL.1h L M .. 6ery . Def KLM. b.. 1 s A
Section 8.04. This Agreement may be executed in any number
of counterparts and each of such counterparts shall for all
purposes be deemed to be an original; and such counterparts, or
as many of them as the City and the Trustee shall preserve
undestroyed, shall together constitute but one and the same
instrument.
Section 8.05. This Agreement shall be governed exclusively
by the provisions hereof and by the applicable laws of the
State.
Section 8.06. Whenever any act is required by this
Agreement to be done on a specified day or date, and such day
or date shall be a day other than a business day, then such act
may be done on the next succeeding business day.
IN WITNESS WHEREOF, the City has caused these presents to
be signed in its name and behalf by its Mayor and its seal to
be impressed hereon and attested by its Clerk and to evidence
its acceptance of the trusts hereby created the Trustee has
caused these presents to be signed in its name and behalf by
one of its duly authorized trust officers, its official seal to
be impressed hereon and attested by one of its authorized
officers, all as of the 30th day of June, 1986, but
actually on July 15 , 19 86.
TH COY OF IOWA TY, IOWA
Mayor
Attest:
IeAA
Cl rk
(SEAL)
City Treasurer of the City
of Iowa City, Iowa
as Trustee
Attest: BY!t
Authorized Officer
(SEAL)
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T
SCHEDULE A
To
IOWA CITY Funding Trust Agreement
City Treasurer, Iowa City, Iowa
Funded Bonds
$850,000 principal amount of Sewer Revenue Bonds, dated
April 1, 1965, which bonds are now outstanding in the principal
amount of $410,000, maturing on January 1st of the years
1987-1995, and bearing interest at the rates shown below:
Principal Interest Maturity
Amount Rate January let
S 40,000 3.258 1987
40,000 3.258 1988
40,000 3.258 1989
40,000 3.258 1990
50,000 3.40% 1991
50,000 3.408 1992
50,000 3.408 1993
50,000 3.408 1994
50,000 3.408 1995
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SC:iEDULE B
To
IOWA CITY Funding Trust Agreement
City Treasurer, Iowa City, Iowa
Funded Bonds
$900,000 principal amount of Sewer Revenue Bonds, dated
January 1, 1966, which bonds are now outstanding in the
principal amount of $390,000, maturing on January 1st of the
years 1987-1995, and bearing interest at the rates shown below:
Principal Interest Maturity
Amount Rate January let
$ 35,000 3.708 1987
35,000 3.70% 1988
35,000 3.70% 1989
35,000 3.70% 1990
50,000 3.708 1991
50,000 3.70% 1992
50,000 3.758 1993
50,000 3.75% 1994
50,000 3.75% 1995
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Mm Cu ,Dor N%IWtx, Smith& AI .. Um Abinet,I '
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SCHEDULE C
To
IOWA CITY Funding Trust Agreement
City Treasurer, Iowa City, Iowa
U.S. Obligations Required to the Purchased Pursuant to
Section
2.02 (b):
Type of
Principal
Maturity
Interest
Obligation
Amount
Date
Rate
USTN
56,000
12/31/86
10.000000
USTN
39,000
12/31/87
11.250000
USTN
41,000
12/31/88
10.625000
USTN
43,000
12/31/89
8.375000
USTN
69,000
11/15/90
13.000000
USTN
74,000
11/15/91
14.250000
USTN -
81,000
11/15/92
10.500000
USTN
87,000
11/15/93
11.750000
USTN
92,000
11/15/94
11.625000
-13-
Mlrn coa,.r. OwN« I,nr.., 1ma,.Ub.. �»,«. ow •b..« b. ' It, .0s4
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: July 15, 1986
Time of Meeting: 7:30 p.m.
Place of Meeting: Council Chambers, Civic Center, Iowa City,
Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
$800,000 Sewer Revenue Bonds.
- Resolution Approving the Funding Trust Agreement
Dated June 30, 1986, and Authorizing Its Execution
such additional matters as are set forth on the addi-
tional 14 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor
pursuant to Chapter 21, Code of Iowa, and the local rules of
said governmental body.
"I . 4-vaw
City Clerk, Iowa City, Iowa
AN Cower. Dar..JK FAm l • uroe,. IM,, M M ,
/R 3r
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Y
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86-238
July 15_, _ , 1986
The City Council of Iowa City, Iowa, met inregular
session, in the Council Chambers, Civic Center, 410 E.
Washington, Iowa City, Iowa, at 7::tn o'clock p.M., on the
above date. There were present Mayor Ambrisco
in the chair, and the following named Council Members:
Ambristo;_Baker_ r spy WT)nn`1d.
Strait, ZUbe
r.
Absent: Dickson
-1-
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86-238
Council Member Zuber introduced the
following Re solution entitled "RESOLUTION
AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $6,350,000 GENERAL
OBLIGATION
BONDS AND LEVYING A TAX TO PAY SAID BONDS"
and moved that it
be adopted. Council Member
the motion to adopt, and the roll eingald called thereon, thed
vote was as follows:
"1
AYES: - mbri co' BakerCourte}+
*�Y Donald
_
Strdit,.Zuber.
I
I
I
NAYS: None. Absent: Dickson I
Whereupon, the Mayor declared said Resolution duly
adopted as follows:
R
.'
RESOLUTIO -
N AUTHORIZING AND PROVIDING FOR THE
ISSUANCE
OF $6,350,000 GENERAL OBLIGATION ;
BONDS AND LEVYING
A TAX TO PAY SAID BONDS i
V .
WHEREAS, the Issuer is duly incorporated, organized and
exists under and by virtue
11
of the laws and Constitution of
the State of Iowa, and
Mr
p,
WHEREAS, the Issuer is in need of funds to pay costs of
construction, reconstruction
and repairing of street I
improvements; acquisition, installation
and repair of
traffic control devices; acquisition, construction,
improvement
and installation of street lighting fixtures,
connections and facilities;
I
acquisition, construction,
reconstruction, enlargement, improvement
"
and repair of
bridges, culverts, grade crossing separations and approaches
thereto, including
railroad crossings; and acquisition, '
construction, reconstruction, improvement,
i�
a
repair and
equipping of waterworks, an essential
corporate purpose, and
it is deemed necessary and advisable that generalobligation
bonds in the
i
amount of $2,625,000 be issuedforasaidl
purpose; and
y
WHEREAS, pursuant to notice published as required by
Section 384.25
of said Code, this Council has held a public
meeting and hearing
.;
upon the proposal to institute
proceedings for the issuance of said bonds,
and the Council
is therefore now authorized to proceed with the issuance of
said bonds;
..1
and
II
2_
AM1Im. Conry, Mmnlat 14,m,, Smith A Allhn, I WM p„ Xkmm,, y_,
irJ
WHEREAS, the Issuer is in need of funds to pay costs of
repairing and reconstructing the City Park swimming pool and
acquiring, constructing and equipping anew indoor swimming
pool in Mercer Park, a general corporate purpose, and it is
deemed necessary and advisable that its general obligation
bonds in the amount of $3,725,000 be issued for said purpose;
and
WHEREAS, this Council, pursuant to Section 384.26 of
said Code, did legally call a City election, fixing the time
and place thereof, and did legally submit to the qualified
electors of the City the proposition of issuing general
obligation Bonds of the City in an amount not exceeding
$3,725,0001 for the aforesaid purpose, and caused to be
given legal sufficient and timely notice of said election
and the time, place and purpose thereof; and
WHEREAS, the City election was duly and legally held and
conducted on June 3, 1986, pursuant to said call and to a
legal notice duly given by publication in a legal newspaper,
printed wholly in the English language, published at least
once weekly, and having general circulation in the City,
said publication in said newspaper appearing an a date not
less than 4 clear days nor more than 20 days prior to the
date of said election, all in strict compliance with the law
and the orders of said Council and the County Commissioner
of Elections; and, the affirmative vote on said proposition
being equal to more than 608 of the total vote cast for and
against said proposition at said election; said proposition
having been declared and at all times certified to have been
duly adopted, no contest thereof having been made; and
WHEREAS, pursuant to Section 384.28 of the City Code of
Iowa, it is hereby found and determined that the various
general obligation bonds authorized as hereinabove described
shall be combined for the purpose of issuance in a single
issue of Corporate Purpose Bonds as hereinafter set forth;
and
WHEREAS, pursuant to the provisions of Chapter 75 of the
Code of Iowa, the above mentioned bonds were heretofore sold
at public sale and action should now be taken to issue said
bonds conforming to the terms and conditions of the best bid
received at the advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. Definitions. The following terms shall have
the following meanings n this Resolution unless the text
expressly or by necessary implication requires otherwise:
-3-
AN.n C. M..n "., 4mh I Afl - 1. M ", Yr. / A 3 S
(a) "Issuer" and "City" shall mean the City of
Iowa City, Iowa;
(b) "Treasurer" shall mean the City Treasurer or
such other officer as shall succeed to the same duties
and responsibilities with respect to the recording and
payment of the Bonds issued hereunder;
(c) "Bonds" shall mean $6,350,000 General
Obligation Bonds, authorized to be issued by this
Resolution;
(d) "Registrar" shall be the City Controller of
Iowa City, Iowa or such successor as may be approved by
Issuer as provided herein and who shall carry out the
duties prescribed herein with respect to maintaining a
registrar of the owners of the bonds. Unless otherwise
specified, the Registrar shall also act as Transfer
Agent for the bonds.
(e) "Paying Agent" shall be the City Controller or
such successor as may be approved by Issuer as provided
herein and who shall carry out the duties prescribed
herein as Issuers agent to provide for the payment of
principal of and interest on the bonds as the same shall
become due.
Section 2. Levy and Certification of Annual Tax; Other
Funds to be Used.
(a) Levy of Annual Tax. That for the purpose of
providing funds to pay the principal and interest of the
bonds hereinafter authorized to be issued, there is
hereby levied for each future year the following direct
annual tax on all of the taxable property in Iowa City,
Iowa, to -wit:
FISCAL YEAR (JULY 1 TO JUNE 30)
AMOUNT YEAR OF COLLECTION:
$1,077,972
1987/1988
$ 755, 626
1988/1989
$ 736,876
1989/1990
$ 742,000
1990/1991
$ 719,600
1991/1992
$ 721,400
1992/1993
$ 720,900
1993/1994
$ 693,000
1994/1995
$ 689,200
1995/1996
$ 682,850
1996/1997 (continued)
CEM
MI."Cavy. Mn ,IWN,.%,,h A AI ..4 W%p "..a..,h ,
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i.
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$ 524,350
S 523,850
1997/1998
$ 521,250
1998/1999
$ 516,500
1999/2000
$ 535,000
2000/2001
2001/2002
(NOTE: For example the levy to be made and certified
against the taxable valuations of January 1, 1986, will
be collected during the fiscal
1987). year commencing July 1,
(b) Resolution to be Filed With Cou
certified copy of this Rent Auditor. A
solution should be filed with
the County Auditor of Johnson County, Iowa, and said
Auditor is hereby instructed in and for each of the
years as provided, to levy and assess the tax hereby
authorized in Section 2 of this Resolution, in like
manner as other taxes are levied and assessed, and such
taxes
forsaid
becollected lin like ed in nmanner d for eashOther of htaxesrofe yeasatheeCity
are collected, and when collected be used for the
Purpose of paying principal and interest on said bonds
issued in anticipation of said tax, and for no other
Purpose whatsoever.
(c) Additional Citv Funds Available. Principal
and interest coming due at anytime when the proceeds of
said tax on hand shall be insufficient to pay the same
shall be promptly paid when due from current funds of
the City available for that purpose and reimbursement
shall be made from such special fund in the amounts thus
advanced.
Section 3. Bond Fund. Said tax shall be collected each
Year at the same time and in the same manner as, and in
addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within
the Debt Service Fund to be known as the "GENERAL OBLIGATION
BOND FUND 1986 No. 1" (the "Bond Fund --)l which is hereby
Pledged for and shall be used only for the payment of the
principal of and interest on the bonds hereinafter
authorized to be issued; and also there shall be apportioned
to said fund its proportion of taxes received by the City
from railway, express, telephone and telegraph companies and
other taxes assessed by the Iowa State Department of
Revenue.
Section 4. Investments of Bond Fund Proceeds. All
Section 3 of
thisys held In ResolutiontshallnbefinvestedvInedirect bobligations of
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Mle". Cw M"Iet W1 Ne.1 Ih 6 AlI . I ,, , De. %b Mm.
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-7
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the United States Government or deposited in banks which are
members of the Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all such deposits
exceeding the maximum amount insured from time to time by
FDIC or its equivalent successor in any one bank shall be
continuously secured by a valid pledge of direct obligations
of the United States Government having an equivalent market
value. All such interim investments shall mature before the
date on which the moneys are required for payment of
principal of or interest on the Bonds as herein provided.
Section 5. Bond Details_,_ Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the
City in the amount of $6,350,000, shall be issued
pursuant to the provisions of Section 384.28 of the City
Code of Iowa for the aforesaid purpose. The bonds shall
be designated "GENERAL OBLIGATION BOND", be dated August
1, 1986, and bear interest from the date thereof, until
payment thereof, at the principal office of the Paying
Agent, said interest payable on June 1, 1987, and
semiannually thereafter on the 1st day of December and
June in each year until maturity at the rates
hereinafter provided.
I
The bonds shall be executed by the facsimile
signature of the Mayor and attested by the facsimile
signature of the Clerk, and printed or impressed with
the seal of the City and shall be fully registered as to
both principal and interest as provided in this
resolution; principal, interest and premium, if any,
shall be payable at the office of the Paying Agent by
mailing of a check to the registered owner of the bond.
The bonds shall be each in the denomination of $5,000 or
multiples thereof. Said bonds shall mature and bear
interest as follows:
Interest
Principal
Maturity
Rate
Amount
June let
4.708
$350,000
1988
5.00%
$375,000
1989
5.305
$375,000
1990
5.608
$400,000
1991
5.809
$400,000
1992
6.008
$425,000
1993
6.209
$450,000
1994
6.40%
$450,000
1995
6.608
$475,000
1996
6.706
$500,000
1997 (cont.)
-6-
MM Ca .. R ?Oft 110n Y"Ih 6 A11W Ieryen. D hW . Iw,
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6.808
$375,000
1998
6.908
$400,000
1999
7.008
$425,000
2000
7.008
$450,000
2001
7.008
$500,000
2002
(b) Redemption. Bonds maturing after June 1,
1995, may be called for redemption by the issuer and
paid before maturity on said date or any interest
Payment date thereafter, from any funds regardless of
source, in whole or from time to time in part, in
inverse order of maturity and within an annual maturity
by lot by giving thirty days' notice of redemption by
registered mail, to the registered owner of the bond.
The terms of redemption shall be par, plus accrued
interest to date of call.
If selection by lot within a maturity is required,
the Registrar shall by random selection of the names of
the registered owners of the entire annual maturity
select the bonds to be redeemed until the total amount
of bonds to be called has been reached.
Section 6.
(a) Registration. The ownership of bonds may be
transferred only by the making of an entry upon the
books kept for the registration and transfer of
ownership of the Bonds, and in no other way. The City
Controller is hereby appointed as Bond Registrar under
the terms of this Resolution. Registrar shall maintain
the books of the Issuer for the registration of
ownership of the Bonds for the payment of principal of
and interest on the Bonds as provided in this
Resolution. All bonds shall be negotiable as provided
in Article 8 -of the Uniform Commercial Code and Section
384.31 of the Code of Iowa, subject to the provisions
for registration and transfer contained in the bonds and
in this resolution.
(b) Transfer. The ownership of any Bond may be
transferred only upon the Registration Books kept for
the registration and transfer of Bonds and only upon
surrender thereof at the principal office of the
Registrar together with an assignment duly executed by
the holder or his duly authorized attorney in fact in
such form as shall be satisfactory to the Registrar,
along with the address and social security number or
federal employer identification number of such
_7—
M -M C.", M.IJ Il n.r. ""h 6 ulG .. IMI.n. D. &.b kx,
/0736
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transferee (or, if! registration is to be made in the
name of multiple individuals, of all such transferees).
In the event that the address of the registered owner of
a Bond (other than a registered owner which is the
nominee of the broker or dealer in question) is that of
a broker or dealer, there must be disclosed on the
Registration Books the information pertaining to the
registered owner required above. Upon the transfer of
any such Bond, a new fully registered Bond, of any
denomination or denominations permitted by this
Resolution in aggregate principal amount equal to the
unmatured and unredeemed principal amount of such
transferred fully registered Bond, and bearing interest
at the same rate and maturing on the same date or dates
shall be delivered by the Registrar.
(c) Registrtion of Transferred Bonds. In all
cases of the trap asfer of the Bonds, the Registrar shall
register, at the earliest practicable time, on the
Registration Books, the Bonds, in accordance with the
provisions of this Resolution.
(d) Ownership. As to any Bond, the person in
whose name the ownership of the same shall be registered
on the Registration Books of the Registrar shall be
deemed and regarded as the absolute owner thereof for
all purposes, and payment of or on account of the
principal of any such Bonds and the premium, if any, and
interest thereon shall be made only to or upon the order
of the registered owner thereof or his legal
representative. All such payments shall be valid and
effectual to satisfy and discharge the liability upon
such Bond, including the interest thereon, to the extent
of the sum or sums so paid.
(e) Cancellation. All Bonds which have been
redeemed s all -no -notbereissued but shall be cancelled by
the Registrar. All Bonds which are cancelled by the
Registrar shall be destroyed and a certificate of the
destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the
Registrar shall forward the cancelled Bonds to the
Issuer.
(f) Non -Presentment of Bonds. In the event any
payment check rep resent ng payment of interest on the
Bonds is returned to the Paying Agent or is not
presented for payment of principal at the maturity or
redemption date, if funds sufficient to pay such
interest on Bonds shall have been made available to the
Q-10
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Paying Agent for the benefit of the owner thereof, all
liability of the Issuer to the owner thereof for such
interest or payment of such Bonds shall forthwith cease,
terminate and be completely discharged, and thereupon it
shall be the duty of the Paying Agent to hold such
funds, without liability for interest thereon, for the
benefit of the owner of such Bonds who shall thereafter
be restricted exclusively to such funds for any claim of
whatever nature on his part under this Resolution or on,
or with respect to, such interest or Bonds. The Paying
Agent's obligation to hold such funds shall continue for
a period equal to two years and six months following the
date on which such interest or principal became due,
whether at maturity, or at the date fixed for redemption
thereof, or otherwise, at which time the Paying Agent,
shall surrender any remaining funds so held to the
Issuer, whereupon any claim under this Resolution by the
Owners of such interest or Bonds of whatever nature
shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar
may furnish to each owner, at the Issuer's expense, one
bond for each annual maturity. The Registrar shall
furnish additional bonds in lesser denominations (but
not less than the minimum denomination) to an owner who
so requests.
Section 7. _Reissuance of Mutilated, Destroyed, Stolen
or Lost Bands. In case any outstanding Bond shall become
mutilated or be destroyed, stolen or lost, the Issuer shall
at the request of Registrar authenticate and deliver a new
Bond of like tenor and amount as the Bond so mutilated,
destroyed, stolen or lost, in exchange and substitution for
such mutilated Bond to Registrar, upon surrender of such
mutilated Bond, or in lieu of and substitution for the Bond
destroyed, stolen or lost, upon filing with the Registrar
evidence satisfactory to the Registrar and Issuer that such
Bond has been destroyed, stolen or lost and proof of
ownership thereof, and upon furnishing the Registrar and
Issuer with satisfactory indemnity and complying with such
other reasonable regulations as the Issuer or its agent may
prescribe and paying such expenses as the Issuer may incur
in connection therewith.
Section 8. Record Date. Payments of principal and
interest, otherw sem than upon full redemption, made in
respect of any Bond, shall be made to the registered holder
thereof or to their designated agent as the same appear on
the books of the Registrar on the 15th day of the month
preceding the payment date. All such payments shall fully
-9-
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discharge the obligations of the Issuer in respect of such
Bonds to the extent of the payments so made. Payment of
principal shall only be made upon surrender of the bond to
the Paying Agent.
Section 9. Execution Authentication and Delivery of
�It
the Bonds. Upon the adoption of this resolution, the Mayor
and Clerk shall execute and deliver the Bonds to the
jt
Registrar, who shall authenticate the Bonds and deliver the
same to or upon order of the Purchaser. No bond shall be
3a
valid or obligatory for any purpose or shall be entitled to
any right or benefit hereunder unless the registrar shall
Allduly
endorse and execute on such Bond a certificate of j
authentication substantially in the form of the Certificate
I.
herein set forth. Such Certificate upon any Bond executed
on behalf of the Issuer shall be conclusive evidence that
the Bond so authenticated has been duly issued under this
resolution and that the holder thereof is entitled to the
benefits of this resolution.
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MOM OM Co .. ponvwl.t 1"W. f 'h { ml..Ln m De. Mdm Y A
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(1)
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(2) (3)
(4) (5)
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(9)
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(10)
back
of this Bond)
11)(12)(13 14) (15)
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Section 10. Form of Bond. Bonds shall be printed in
substantial compliance with standards proposed by the
American Standards Institute substantially in the form as
follows:
FIGURE 1
(Front)
{ Allbea, Lw1+n M Abr,n, Wwa /�
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AW.n Caxxy. Ooix-ltt IIryNr. Mu111
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(1)
(2) (3)
(4) (5)
j
(9)
1
1
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(9A)
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(continued on the
(10)
back
of this Bond)
11)(12)(13 14) (15)
FIGURE 1
(Front)
{ Allbea, Lw1+n M Abr,n, Wwa /�
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AW.n Caxxy. Ooix-ltt IIryNr. Mu111
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1
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(10) (16) (17)
(Continued)
FIGURE 2
(Back)
-12-
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The text of the bonds to be located thereon at the item
numbers shown shall be as follows:
Item 1, figure 1 = "STATE OF IOWA" '
"COUNTY OF JOHNSON"
t�+
"CITY OF IOWA CITY11
"GENERAL OBLIGATION BOND," -
'r.'1.
"CORPORATE PURPOSE."
'!
Item 2, figure 1 = Rate:
Item 3, figure 1 = Maturity:
'
Item 4, figure 1 = Bond Date: August 1, 1986
Item 5, figure 1 = Cusip #
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
g;
Item 8, figure 1 = Principal Amount: S
Item 9, figure 1 = The City of Iowa City, Iowa,
n
municipal corporation organized and existing under and by
virtue of the Constitution and laws of the State of Iowa
(the "Issuer"), for value received, promises to pay from the
source and as hereinafter provided, on the maturity date j
indicated above, to 1
Item 9A, figure 1 = (Registration panel to be completed
by Registrar or Printer with name of Registered owner).
Item 10, figure 1 = or registered assigns, the principal I
sum of principal amount written out) Thousand Dollars in
lawful money of the United States of America, on the j
maturity date shown above, only upon presentation and
'
surrender hereof at the principal office of the City
Controller, Paying Agent of this issue, or its successor,
date hereof until paid at
with interest on said sum from the
the rate per annum specified above, payable on June 1, 1987, I
and semiannually thereafter on the let day of December and
June in each year.
Interest and principal shall be paid to the registered
holder of the bond as shown on the records of ownership
maintained by the Registrar as of the 15th day of the month
a
next preceding such interest payment date. Interest shall
kj
be computed on the basis of a 360 -day year of twelve 30 -day
ry
months.
-�
This bond is issued pursuant to the provisions of
Section 384.2 8 of the City Code of Iowa, for the purpose of
apaying
costs of construction, reconstruction and repairing
of street improvements; acquisition, installation and repair
of traffic control devices; acquisition, construction,
ri
-13-
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improvement and installation of street lighting fixtures,
connections and facilities; acquisition, construction,
reconstruction, enlargement, improvement and repair of
bridges, culverts, grade crossing separations and approaches
thereto, including railroad crossings; and acquisition,
construction, reconstruction, improvement, repair and
equipping of waterworks; and repairing and reconstructing
the City Park swimming pool and acquiring, constructing and
equipping a new indoor swimming pool in Mercer Park, in
conformity to a Resolution of the Council of said City duly
passed and approved.
Bonds maturing after June 1, 1995, may be called for
redemption by the Issuer and paid before maturity on said
date or any interest payment date thereafter, from any funds
regardless of source, in whole or Erom time to time in part,
in inverse order of maturity and within an annual maturity
by lot by giving thirty days' notice of redemption to the
registered owner of the bond. The terms of redemption shall
be par, plus accrued interest to date of call.
Notice hereunder may be given by registered mail to the
owner of record of the bond at the address shown on the
books of the Registrar and shall be deemed complete upon
mailing.
Ownership of this bond may be transferred only by
transfer upon the books kept for such purpose by the City
Controller, the Registrar. Such transfer on the books shall
occur only upon presentation and surrender of this bond at
the principal office of the Registrar, together with an
assignment duly executed by the owner hereof or his duly
authorized attorney in the form as shall be satisfactory to
the Registrar. Issuer reserves the right to substitute the
Registrar and Paying Agent but shall, however, give 60 days'
notice to registered bondholders of such change. All bonds
shall be negotiable as provided in Article 8 of the Uniform
Commercial Code and Section 384.31 of the Code of Iowa,
subject to the provisions for registration and transfer
contained in the bond resolution.
And it is hereby represented and certified that all
acts, conditions and things requisite, according to the laws
and Constitution of the State of Iowa, to exist, to be had,
to be done, or to be performed precedent to the lawful issue
of this bond, have been existent, had, done and performed as
required by law; that provision has been made for the levy
of a sufficient continuing annual tax on all the taxable
property within the territory of the Issuer for the payment
of the principal and interest of this bond as the same will
respectively become due; that the faith, credit, revenues
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and resources and all the real and personal property of the
Issuer are irrevocably pledged for the prompt payment
hereof, both principal and interest; and the total
indebtedness of the Issuer including this bond, does not
exceed the constitutional or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has j
caused this bond to be signed by the facsimile signature of
its Mayor and attested by the facsimile signature of its
City Clerk, with the seal of said City printed hereon, and
to be authenticated by the manual signature of an officer of
the Registrar, the City Controller of Iowa City, Iowa.
Item 11, figure 1 = Date of authentication: j
Item 12, figure 1 = This is one of the bonds described
in the within mentioned resolution, L:
as registered by the City
Controller.
I;
City Controller I 1
By
Registrar i
Item 13, figure 1 = Registrar and Transfer Agent:
City Controller I.
i I
Paying Agent: City Controller
Item 14, figure 1 = (Seal) �-
i i
Item 15, figure 1 = [Signature Block? I 1,
City of Iowa City, Iowa I
By: ( facsimile signature )
Mayor
1.
Attest: ( facsimile signature
City Clerk
Item 16, figure = It is certified that the following is
a correct and complete copy of the
opinion of bond counsel issued as of the
date of delivery of the issue of which
this bond is a part.
i
(facsimile signature)
C ty Clerk
-15-
Mlen. Cm .. O ft"lr. HryN,. Smith { Allb l 1 . ". /� ass
[Opinion of Bond Counsel]
Item 17, figure 2 = [Assignment Block]
[Information Required for
Registration]
ASSIGNMENT
For value received, the undersigned hereby sells,
assigns and transfers unto (Social
Security or Tax Identification No. ) the
within Bond and does hereby irrevocably constitute and
appoint attorney in fact to transfer
the said Bond on the books kept for registration of the
within Bond, with full power of substitution in the
premises.
Dated
(Person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
IMPORTANT - READ CAREFULLY ,
The signature(s) to this Power must correspond with the 4
name(s) as written upon the face of the certificate(s)
or bond(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee
should be made by a member or member organization of the
New York Stock Exchange, members of other Exchanges
having signatures on file with transfer agents or by a j
commercial bank or trust company.
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AWM Cirvry, dwMel HFr .. 1mtF A Allh ..1t 1 p hYi k.A /da 3
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INFORMATION REQUIRED FOR REGISTRATION
OF TRANSFER
f
Name of Transferees)
z
Address of Tr ansferee(s)
r'
'
Social Security or Tax
$�
Identification Number of
Transferee
( s)
Transferee is a(n);
Individual*
Corporation
Partnership
Trust
x
*If the bond is to be registered in the names of multiple
individual owners, the I ,
names of all such Owners and one
address and social security number
must be provided.
The following abbreviations, when used in the
inscription on
the face of this bond, shall b
though written out in full e construed as
according applicable to a
regulations: cable laws or ;
TEN COM - as tenants in common
TEN ENT -
as tenants by the entireties
JT TEN - as joint tenants
with right of j
survivorship and te
not as '
runts in common
UNIF GIFT MIN ACT -,..Custod ian..,......,
(Custl (Minor) !
under Uniform GiftsI. .
is to Minora
Act..........
a
(State)
Section 11. Right to Name Substitute Pavi n
Registrar. Issuer Agent
or
reserves the right to name a substitute,
suc— c epr Registrar or Paying Agent
written
upon giving
notice to each registered bondholder. 60 days
Section 12. Contract Between Issuer and Purchaser.
This Resolution
�
const Lutes a contract between
the purchaser of the bonds. sa d C ty and
-17-
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ANxA Carry, �rvKrlK IlryNe. M141116 Albrc, I^rKM1 C'n AWrrA Mr,
Section 13. Non -Arbitrage Covenants. The Issuer
reasonably expects and covenants that no use will be made of
the proceeds from the issuance and sale of the Bonds issued
hereunder which will cause any of the Bonds to be classified as
arbitrage Bonds within the meaning of Section 103(c)(2) of the
Internal Revenue Code of the United States, and that throughout
the term of said Bonds it will comply with the requirements of
said statute and regulations issued thereunder.
To the best knowledge and belief of the Issuer, there are
no facts or circumstances that would materially change the
foregoing statements or the conclusion that it is not expected
that the proceeds of the Bonds will be used in a manner that
would cause the Bonds to be arbitrage Bonds. The Treasurer is
hereby directed to deliver a certificate at issuance of the
Bonds to certify as to the reasonable expectation of the Issuer
at that date.
The Issuer covenants that it will treat as restricted yield
investments any funds in the Bond Fund for payment of the Bonds
in excess of 13/12ths of the annual principal and interest
requirements of the then current year.
"Restricted yield investments" are funds or investments
which the Issuer covenants not to invest at a yield materially
higher than the yield on the bonds as defined in the
regulations issued under authority of Section 103(c) of the
Internal Revenue Code of the United States.
The Issuer covenants that it will exceed any investment
yield restriction provided in this resolution only in the event
that it shall first obtain an opinion of recognized bond
counsel that the proposed investment action will not cause the
bonds to be classed as arbitrage bonds under Section 103(c) of
the Internal Revenue Code or regulations issued thereunder.
The Issuer covenants that it will proceed with due
diligence to spend the proceeds of the bonds for the purpose
set forth in this resolution.
Section 14.
In order to maintain the exemption from federal income
taxes of interest on the Bonds and for no other purpose, the
Issuer covenants to comply with the provisions of H.R. 3838,
the tax reform act of 1985 in the respective forms in which it
was adopted by the U.S. House of Representatives on December
17, 1985, (the "House Bill") and by the United States Senate on
June 24, 1986. For this purpose, the Issuer reserves the right
-18-
AM." Cm ,, Wn"I" 1lry ,, MMh A AIIAn, LA m A A nn k a
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to accept the extended effective dates of certain provisions of
the House Bill as provided in the Joint Statement of the
leaders of the House Ways and Means Committee, the Senate
Finance Committee and the Treasury Department, issued March 19,
1986. The Issuer may treat the Joint Statement as effective to
extend the effective date of the provisions indicated until it
is modified or withdrawn. Until and unless and except to the
extent in the opinion of bond counsel the following are not
necessary to maintain the tax-exempt status of the Bonds, the
Issuer makes the following covenants, representations and
warranties with respect to the Bonds:
1. The Issuer represents that except for use as a member
of the general public, the proceeds of the bonds will not be
used directly or indirectly in any trade or business carried on
by any person other than Issuer or used directly or indirectly
to make or finance loans to persons other than governmental
units.
2. The Issuer will submit in a timely manner all reports,
accountings and information to the Internal Revenue Service and
Will take whatever action is necessary within its power to
assure the continued tax exemption on the Bonds.
3. In the event the federal law applicable to the Bonds
after the consideration of the House Bill and the Senate Bill
imposes requirements different from the provisions of either of
the respective forms adopted by the House and the Senate,
retroactively effective to the time the Bonds are issued, the
Issuer will take whatever action is necessary within its power
to comply with the applicable law and regulations in order to
maintain tax exemption with respect to the Bonds.
Section IS. Amendment of Resolution to Maintain Tax
Exemption. This resolution may be amended w thout the consent
of any owner of the Bonds for the sole purpose of taking action
necessary to maintain tax exemption with respect to the Bonds
under applicable federal law or regulations.
Section 16. Severabilit Clause. If any section,
paragraph, clause or provis on of this Resolution be held
invalid, such invalidity shall not affect any of the remaining
Provisions hereof, and this Resolution shall become effective
immediately upon its passage and approval.
Section 17. meal of Conflicting Resolutions or
Ordinances. That all ordinances and resolutions and pacts of
rep nances and resolutions in conflict herewith are hereby
repealed.
-19-
"W C� kilN,, Smllh b Allbe ..1A ,, O ht.n �,
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PASSED AND APPROVED this 15th day of July
1986. ,
ayor
ATTEST:
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CERTIFICATE
STATE OF IOWA ) •.
COUNTY OF JOHNSON ) SS I
)
I, the undersigned City Clerk of Iowa Cit Iowa,
certify that attached is a,tdo hereby
a true and complete copy
Portion of the corporate records of said Municipality
showing
proceedings of the Council, and the same is a true
and complete
copy of the action taken by said Council with respect to said
matter at the
(
meeting held on the date indicated in the
attachment, which proceedings remain in
I
full force and effect, `
and have not been amended or rescinded in
any way; that meeting
and all action thereat was duly and publicly held in
I3
accordance
with a notice of meeting and tentative agenda, a copy of which
was timely served
b
on each member of the Council and posted on a
bulletin board or other prominent place easily accessible
to
the public and clearly designated for that
#{
purpose at the
principal office of the Council (a copy of the face sheet of
said agenda being
attached hereto) pursuant to the local rules
of the Council and the
provisions of chapter 21 Code of Iowa,
upon reasonable advance notice to the
I �'
public and dia at
twenty-four hours prior to the commencement of the emeeting lasst
required by said
law and with members of the public present in
attendance; I further certify that
the individuals named
therein were on the date thereof duly and lawfully
I.
possessed of
their respective city offices as indicated therein, that I'
no
council vacancy existed except as may be stated in said
proceedings, and that
no controversy or litigation is pending,
prayed or threatened involving the incorporation,
organization,
existence or boundaries of the City or the right
of the
individuals named therein as officers to their respective
Positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 15th
day of July 1986.
�j
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CClerk, Iowa C ty, Iowa
SEAL
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WHEREAS, the Issuer is in need of funds to pay costs of
repairing and reconstructing the City Park, a general
corporate purpose, and it is deemed necessary and advisable
that its general obligation bonds in the amount of
$3,725,000 be issued for said purpose; and y
WHEREAS, this Council, pursu/unt
ec on 384.26 of
said Code, did legally call a Cii n, fixing the time
d place thereof, and did legalto the qualified
el tors of the City the proposi3 suig generaln
obli tion Bonds of the City in t not exceeding
$3,725,000, for the aforesaid pud caused to be
given le al sufficient and timelof said election
and the t e, place and purposeand
WHEREAS, the City electio was duly and legally held and
conducted on ne 3, 1986, p suant to said call and to a
legal notice d y given by blication in a legal newspaper,
printed lthe
egal
andi'n the
avithengnglneralish acirculationlinhtheed aCityast
said publication i sai newspaper appearing
less than 4 clear d s or more than 20 days on date not
date of said election all in strict compliance iwith othe elaw
and the orders of ea d Council and the County Commissioner
of Elections; and, a ffirmative vote on said proposition
being equal to mor than 08 of the total vote cast for and
against said prop sition a said elections said proposition
having been d ecl red and at all times certified to have been
duly adopted, n contest the of having been made; and
WHEREAS, rsuant to Sectio 384.28 of the City Code of
Iowa, it is ereby found and det rmined that the various
general obl ation bonds authoriz d as hereinabove described
shall be
issue of c rbined for the purpose issuance in a single
and porate Purpose Bonds as ereinafter set forth;
nnc cos, pursuant to the provisions of Chapter 75 of the
Code o Icwa, the above mentioned bonds ere heretofore sold
at pu is sale and action should now be t ken to issue said
bond conforming to the terms and conditl s of the best bid
rece ved at the advertised public sales
NOW, THEREFORE, BE IT RESOLVED BY THE CO
C Y OF IOWA CITY, IOWA: CIL OF THE
Section I. Definitions. The following term have
the following mean ngs n this Resolution unless t e text
expressly or by necessary implication requires othe wises
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