HomeMy WebLinkAbout1987-10-21 ResolutionRESOLUTION N0. 86-317
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
i the applications be granted and the City Clerk be and he/she
j is hereby directed to issue a permit to the following named j
persons and firms to sell cigarette papers and cigarettes:
Deli Mart Inc., 525 Hwy. 1 West
j;
i
i
I
It was moved by McDonald and seconded by Dickson
that the Resolution as read be. adopted, and upon ro ca t ere
were: j
AYES: NAYS: ABSENT:
Ambrisco X
Baker X
j' Courtney X
Dickson X
I
McDonald X
Strait
�'. X
i
Zuber X
Passed and approved this 21st day of October ,
19 86
yor
Attest:
City Clerk
/G 9S
I
RESOLUTION NO. 86-318
RESOLUTION ACCEPTING THE WORK FOR
THE OUTFALL RELIEF SEVER SYSTEM REHABILITATION PROJECT
WHEREAS, the Engineering Division has recommended that the improvements
covering the Outfall Relief Sewer System Rehabilitation. Project,
as included in a contract between the City of Iowa City and Tschiggfrie
Excavating. Inc. of Dubu ue Iowa
dated — May 7. 1985 be accepte an
WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be .hereby accepted by the City of Iowa City, Iowa.
It was moved by McDonald and seconded by Dickson
that the resolution as read be adopted—, and 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 21st day of October 1986
PAYOR
ATTEST: %JL.; C ►Y .a.J
CITY CLERK
c ivad & Approves
y e Legal E)
A 9f
CERTIFICATE OF COMPLETION
OUTFALL RELIEF SEWER SYSTEM REHABILITATION
Iowa City, Iowa
September 24, 1986
We hereby certify that we have made an on-site review of the
completed construction of the Outfall Relief Sewer System
Rehabilitation as performed by Tschiggfrie Excavating, Inc.
of Dubuque, Iowa.
As Engineers for the project it is our opinion that the work
performed is in substantial accordance with the specifications
and that the final amount of this Contract is Nine Hundred
Seventy-one Thousand, Eight Hundred Three and 71/100 Dollars
($971,803.71).
VEENSTRA & KIMM, INC. —,----2 Accepted:
By CIT F IOWA CIT , IOWA
Title President By , ,,
Date �Z �//Fk Date 9 216 —B6
fl
3 ¢dal
RESOLUTION NO. 86-319
RESOLUTION ACCEPTING THE WORK FOR
THE IOWA CITY TRANSIT MAINTENANCE FACILITY
WHEREAS, the Engineering Division has recommended that the improvements
covering the Iowa City Transit Maintenance Facility
as included in a contract between the -City of Iowa City and Miami
Constructors Inc. of Dubuque, Iowa,
date March 29. 1983 be accepted, an
WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be hereby accepted by the City of Iowa City, Iowa.
It was moved by h1 Do d and seconded by Dickson
that the resolution as rea be a opte , and upon roll call there were:
AYES:
x
X
X
X
X
NAYS: ABSENT:
X _
_ Ambrisco
_ Baker
Courtney
Dickson
McDonald
X Strait
Zuber
Passed and approved this 21st day of October , 19 86 .
ATTEST:�e.� na w
CITY CLERK
r i .
3AV)
NEUMANN
MONSON FC
xza s cwa si
b C#V..wanao
319/338-7878
S;=r N. W
October 14, 1986
L
Mr. Frank Farmer
City Engineer
Civic Center
410 East Washington
Iowa City, Iowa 52240
Dear Mr. Farmer:
Re: Iowa City Transit Facility
NMA File N14.82A.01
We hereby advise, to the best of our knowledge, that the Iowa City Transit
Facility project is in substantial compliance with plans and specifications
and that Miami Constructors, Inc., are entitledto final payment. The orig-
inal contract price for said project was $2,069,700.00. Final contract sum
after all change orders is $2,054,431.00 for a net deduct of $15,269.00.'
Contractor is entitled to a final payment of $81,721.00.
Best regards,
iNEUMANN MONSO P.C.
Kevin Monson, AIA
Vice President
i
KM:jam
Enc. Application and Certificate for Payment N14.
i
14 99
of
RESOLUTION NO.
86-320
RESOLUTION AUTHORIZING EXECUTION
OF AGREDENF IVITII TIIE CEDAR
RAPIDS AND IOIVA CITY RAILIVAY CO. AND STATE OF IONA
(IOIVA DEPT. OF TRANSPORTATION RAIL AND WATER DIVISION
HHERF�ppS5 tIhe C'ty op Io Citi Iowa has negotiated an agreement
wi th h Cdd r Ra id $ I wa �{? t f&.1 �a Co.
g��"
�r �ai}4at inn PS',ae n,
being attached to this Resolution and by this
a copy of said .agreement
reference made a part hereof,
and,
i
WHEREAS, the City Council deems it in
the public interest to enter into `
said agreement for installation and maintenance of railroad highwav crossing
signals on GilbertStreet
NOW, THEREFORE, BE IT RESOLVED BY THE
I
CITY COUNCIL: I.
1. That the Mayor and City Clerk are
hereby authorized and directed to
execute the agreement with the Cedar
State of Iowa
Rapids and Iowa City Railway Co, and
owa p . o Transporta ion.
2. That the City Clerk shall furnish
i an .later ivision .
copies of said
any citizen requesting same.
agreement to
d
It was moved by mcl) I and
the resolution
seconded by Zuber that
as rea—Be a opte , an upon
roll call there were:
AYES: NAYS: ABSENT:
_i
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
_ X Strait
X Zuber
Passed and approved this 21st day of
October 1986
MAY R
'/ IIJJ
ATTEST: 11 �a.;va.,� �. �n
CITY CLERKhied
& Appro
The legal �.
17y
AGREEMENT
between
THE CITY OF IOWA CITY, IOWA
and
CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY
and
STATE OF IOWA
Iowa Department of Transportation
Rail and Water Division
for
Installation and Maintenance of
Railroad -Highway Crossing Signals on
Gilbert Street in Iowa City, Iowa
Project No. RRP-4051(2)--8G-52
County Johnson
Crossing No. 13607
FRA No. 607-299{
Highway Authority Contact Person - Frank K. Fanner City Engineer
Address 410 E. iVashington Street Iowa City Iowa 52240
Telephone No. 319-356-5143
Railroad Contact //Person U )asp, A Swl V1Ot ie -
Address —R b I .. 6-x a.qS ) - F Q IS - rDwo
Telephone No. 919- 399- -7-15-7
r -
—t
AGREEMENT
THIS AGREEMENT is between the City Council of the City of Iowa City,
Iowa hereafter
called the HIGHWAY AUTHORITY, and Cedar Rapids and Iowa City Railway Company
with principal offices located at
Cedar Rapids. Iowa
hereafter called the COMPANY, and the State of
Iowa, acting by and through the Iowa Department of Transportation, Rail and
Water Division, hereafter called the STATE.
SECTION I. The HIGHWAY AUTHORITY and the COMPANY agree upon the
installation of autamatir flashing light siganls (12" 1pnsps) nn r.ilhprt rtrpet
in Inwa rity, inwa, to rp.plare rrncshurkc
, and further agree upon the following:
SECTION II. The COMPANY will prepare the necessary circuit and location
plans for the installation in accordance with the plans shown in Exhibit "0",
which are attached to and made a part of this agreement. The COMPANY will
submit the circuit plans to the STATE and receive approval prior to physical
construction of the installation. The COMPANY will make a complete material
list available for the joint State -Company inspection of this signal project
upon completion of the installation to assure the objectives of this agreement
have been met. The list of materials required and the estimated cost of the
installation are shown in Exhibit "C", which is attached to and made a part of
this agreement.
SECTION 1I1. The COMPANY shall perform the work with its own signal
forces or a STATE approved consultant contractor. The work will be completed
as soon as possible, but in no event later than twelve (12) months after the
HIGHWAY AUTHORITY gives authority to the COMPANY to proceed. The COMPANY will
notify the HIGHWAY AUTHORITY Contact Person in advance of when its forces or
consultant will be engaged in the work allowing the HIGHWAY AUTHORITY
opportunity to document labor and materials required for completion of the
work, The COMPANY will notify the HIGHWAY AUTHORITY and the STATE of the
completion of the work and the date when the signals will be placed in
operation.
SECTION IV. The HIGHWAY AUTHORITY and the COMPANY agree work covered in
this agreement is subject to all Federal laws and regulations relating to
equal employment and opportunity for all persons without regard to race,
W7
color, creed, sex, age, religion, and national origin relating to, but not
limited to nonsegregated facilities, minority business enterprise providing
equal employment and equal opportunities to veterans including, without
limitations, Executive Order 11246 as amended, 41 CPR Section 60-1 et seq., 41
CFR Section 1-1,1310.2, 41 CFR Section 60-741 et seq., Executive Order 11701,
41 CFR Section 60-250,1 et seq., 49 CFR Section 265.1 et seq„ to the extent
applicable.
SECTION V. The STATE agrees the work covered in this Agreement shall be
financed from Federal Aid Section 203 RAIL/HIGHWAY SAFETY FUND in accordance
with Exhibit "A," BILLING -PAYMENT PROCEDURES, which is attached to and made a
part of this agreement. This Agreement is subject in all respects to the
regulations of the Federal Highway Administration, which apply to work
financed from funds appropriated under Federal Highway legislation subject,
however, to the provisions of all applicable State laws, rules and
regulations. Specific reference is made to the Federal -Aid Highway Program
Manual, Volume 6, Chapter 6, Section 2, Sub -Section 1; Volume 1, Chapter 4,
Section 3; Volume B, Chapter 2, Section 3, Part VIII of the Manual on Uniform
Traffic Control Devices for Streets and Highways and any supplements to the
Manual, issued by the Federal Highway Administration. All of the said
regulations, memoranda and laws referred to in this Section are incorporated
in this Agreement by reference.
SECTION VI. Upon completion of installation of the automatic warning
devices the COMPANY shall own, maintain and operate the installation so long
as the signal warning systems are considered necessary at this crossing.
If conditions change and the signal warning installation is no longer
necessary, as determined by the HIGHWAY AUTHORITY, the COMPANY, at its own
expense, shall remove or relocate the signal installation at the HIGHWAY
AUTHORITY'S request, All items recovered shall remain the property of the
COMPANY except in the event the railroad crossing is abandoned by the COMPANY
or its successors -in -interest within ten (10) years from the date of the joint
STATE -COMPANY inspection after installation. In such event the COMPANY or its
successors -in -interest shall relocate the automatic warning devices to a site
agreed upon by the COMPANY or its successors -in -interest and the STATE at
COMPANY expense, In the event the warning devices are not relocated within
the ten (10) year period, the COMPANY will grant the STATE appropriate credit
for salvaged material.
-2-
_..__ i'4
SECTION VII. The HIGMY AUTHORITY agrees to use reasonable means to
properly paint all pavement markings and advanced warning signs under the
MCD. The HIGRVAY AUIIIORITY further agrees to use reasonable means to
maintain the Gilbert Street right-of-way in such manner that motorists' view
of the flashing crossing lights is adequately maintained as long as the
flashing crossing lights are deemed necessary.
SECTION VIII. The maintenance cost of the automatic warning devices
shall be assumed by the COMPANY. The STATE GRADE CROSSING SAFETY FUND, may
participate in an amount up to seventy-five (75%) of the annual maintenance
cost based upon a cost for each eligible AAR signal unit. The number of
AAR signal units shall be tabulated as soon as possible and transmitted to
the Rail and Water Division of the Iowa Department of Transportation for
approval.
SECTION IX. Final payment for the work performed by the COMPANY shall
not be made by the STATE until the COMPANY files the U.S. DOT-AAR CROSSING
INVENTORY FORM with the STATE showing the improvement. The completed form
shall be sent to the Iowa Department of Transportation, Rail and Water
Division, Ames, Iowa 50010.
SECTION X. This Agreement may be executed and delivered in two or more
counterparts, each of which so executed and delivered shall be deemed to be
an original and all shall constitute but one and the same instrument. This
written agreement constitutes the entire agreement between the HIMAY
AUTHORITY, COMPANY, and the STATE for this warning signal project.
IN WITNESS WHEREOF the COMPANY, HIGHWAY AUTHORITY and the STATE hereto
have caused this agreement to be executed by their duly authorized officers as
of the dates below indicated.
Executed by the
COMPANY this
.2471 day of SE%CM8Ck , 1986.
CEDAR RAPIDS AND IOWA
CITY RAILWAY COMPANY
By
Name and aTitleAtufi:�uu perslarxt
State of XOWn
ss
County of L.,uN
On this Aqw, day of 5fP7E1n8e2 19 B6, personally
appeared LEE UV to me personally knows, who
being by me duly sworn did say that he is PRESIDENT
of said COMPANY and that said instrument was signed and execute y hlm on
111 behalf of said COMPANY by authority of its Board of Directors as its voluntary
act and deed.
Delores Hiner McNeill222
ERV• 9.0.88 Notary Pu is in and for said C=ounty
Executed by the THE CITY OF IOWA CITY, IOWA
HIGHWAY AUTHORITY this
Attest:
By
Nam and Title
Executed by the
STATE this
31 -.,0+ day of ()c*C�hPr 19i
State of Iowa
.,rz
STATE OF IOWA
Iowa Department of Transportation
Rail and Water
Division
By
Dame and litle
ss
County of Story
On this 3ILL day of �C fC)�le� 1981q personally
appeared���nIm�+ to me personally known, who
being duly sworn did say he isQ --Lfor the
Iowa Department of Transportation, ail an ater ry sion an t he was
duly authorized to execute this Agreement as the said Department of
Transportation's voluntary act and deed / /'
S 1- . /
Approved Z
ate
x
D• i ' mi 1 sera or
DE AL HIGHWAY ADMINISTRATION
r.
Company Execution Acknowledgement
CLAhreel dApp
4YaI enf
0
all
fi
EXHIBIT "A"
BILLING -PAYMENT PROCEDURES
The COMPANY shall pay Ten Percent (10%) of the cost of this signal warning
installation. The COMPANY shall be required to pay the initial material and labor
costs. The COMPANY shall keep an accurate and detailed account of the actual and
necessary expense incurred in the performance of the work.
The COMPANY may submit progressive billings to the HIGHWAY AUTHORITY covering
Ninety Percent (90%) of the applicable material, labor and other costs relative to
this installation. The billing for material shall cover only those materials which
have been delivered to the project location or specifically purchased and delivered
to the COMPANY for use on the project. The billing must be itemized to allow the
HIGHWAY AUTHORITY opportunity to inventory, document and verify that the costs have
been incurred or that the materials covered in the billing will be incorporated into
the work covered in this agreement. After verification, the HIGHWAY AUTHORITY may
reimburse the COMPANY Eighty -One Percent (81%) of the total cost of the progressive
billing. The HIGHWAY AUTHORITY may submit a bill to the STATE for the amount of the
progressive payment, The STATE may reimburse the HIGHWAY AUTHORITY One Hundred
Percent (100%) of the progressive payment.
Upon completion of the installation, the COMPANY shall submit a detailed
statement in no less than five (5) counterparts to the HIGHWAY AUTHORITY for
reimbursement of Ninety Percent (90%) of the total actual and necessary expense of
the work represented by the items shown in Exhibit "C". The HIGHWAY AUTHORITY shall
reimburse the COMPANY an amount not to exceed Eighty -One Percent (81%) of the total,
actual and necessary expense of the work.
The STATE shall inspect the installation and audit COMPANY'S records to
determine compliance with the agreement and the total reimbursable project cost.
The COMPANY shall promptly, upon written request, reimburse the HIGHWAY AUTHORITY
for any justifiable exceptions taken by the audit which exceed the amount withheld
or the HIGHWAY AUTHORITY shall reimburse the COMPANY Ninety Percent (90%) of the
total reimbursable project cost, The HIGHWAY AUTHORITY shall promptly, upon written
request, reimburse the STATE for any justifiable exceptions taken by the audit which
exceeds the amount withheld.
The STATE shall reimburse the HIGHWAY AUTHORITY for Ninety Percent (90%) of the
total reimbursable cost of this installation.
FORM 2
City of County Non F -M and Company
Company Pays 10%
mi
ALLPRESS i MOORE
Roil Rood Signal Contactor
JOHN O. ALLPRESS
SOI Ent Isth SL
VIntOIL Wma SZ349
GIW 472-5779 I Cit I
Direct Materials
Gilbert St. - owa
Cost Estimates
sheet N1
sheet i2
sheet #3
Direct Material Total
Freight'Storage E handling 10%
of direct materials
Field installation, test and
place in service.
Total Estimate
DENNIS R- MOORE
Rwal Rwe •1
am W
L9w. w. MNi0u" "III
oIa ml -5734
$Bnoo.no-
C�35: M
4100.00
$23135=00
$ ;2313.50
$30000.00
U //- / 9 -,?4
M
J004N D. ALLPRESS
IN Ran 1IDl SL
NNtOI WM 17748
01814770178
ALLPRESS i MOORE
Rail Road Signol Cantroctor
Sheet No.: #1
DENNIS R MDDRE
Rural Route • 1
L1DariY. MInOurl 641118
(818)781- 5734
Item No. puanitY D
1 I escription
Up to 24 ft. walkout aluminum
cantilever signal with welded base' four
12" lights on arm tip, two 12" one-way
lights on arm mast, two extra 12" ,
one-way lights on mast railroad'crossing
sign and bell.
} 1 Up to 24 ft. walkout aluminum .
cantilever signal with welded base, four
12" lights on arm tip, two 12" one-way
lights on mast, railroad crossing sign
and pinnacle.
Grand Total Price $8000.00'
Sheet No. b2
OENNIS R MOORE
Rural Rout* a 1
Box 448
Ubety, MHIOufl64118
(816) 731.5754
Item No.
Ouanity
Description
2—
ALLPRESS i MOORE
4
Rail Road Signal Cont Wor
JOHN O. ALLPRESS
5
50* fit 15th SC
insulated rail joints
MntM W" 52549
approx.2001
419) 42.3179
7
Sheet No. b2
OENNIS R MOORE
Rural Rout* a 1
Box 448
Ubety, MHIOufl64118
(816) 731.5754
Item No.
Ouanity
Description
2—
poured concre a can Iver signal foundation
4
2
metal instrunment case piers
5
8
insulated rail joints
6
approx.2001
u.g. signal cable
7
approx 425'
u.g. track cable
8
approx 7001
wire for signals'
9
12
track connectors
10
3
junction boxes
11
9
cells of 240 aph. battery
12
9
cells of 160 aph battery
13
approx. 75
bandwires
14
1
ground rod
15
1
ground rod clamp
16
101
ground wire
17
3
track rectifiers
18
1
ac power service
19
6
paddlocks
20
1 lot
misc. materials
21
1 lot
crushed rock
•� I
Grand Total Price :'3`6035:60:
of+�c-
r-
ALLPRESS & MOORE
Rail Road Signal Conhoc!or
JOHN a. AUPBESs
308 EBR 1301 St OENNISP MOORE
10113td1, 101p 52349 Rural Route a 1
018) 1731178 00448
Ubtli7, MlOnun 64118
(810781-573,11
Prewired Instrunment Case
Sheet No. 03
Item No. Quanity Description
1 each HX -1 track unit
3 each track relays
2 each directional stick relays
1 each XR relay
1 eabh P.O. relay
1 each Flasher relay
8 each relay plug boards
1 each flash-pak
1 each SLT-20 transformer
2 each Craig rectifiers '
10 each variable resistors
1 each utility assehbly
1 eachpo. light assembly
i
2 each sgnal disconnect
1 lot panduit
1 each instrunment case
1 lot misc. materials
Total Materials $5770.00
Case Wiring & Factory Checkout 1830,00
Engineering design & services 1500.00
Grand Total Price 5'9100.00
'EXHIBIT "C" ATTACHMENT
f
` - CROSSING # 607-299-C
I .
�,- GILBERT ST. - IOWA CITY, IOWA
CEDAR RAPIDS & IOWA CITY RRY. CO
P.O. BOX 2951
CEDAR RAPIDS, IOWA 52406
.ESTIMATED COST OF PRE -INSTALLATION, INSTALLATION, AND POST
INSTALLATION:
ELECTRICIAN
MAINTENACE OF WAY
ADMINISTRATIVE
VEHICLE
7 i!
LABOR COST
22
HRS.
G $15
/HR.
$
330.00
45
HRS.
C $14
/HR.
-f
636.00
22
HRS.
@ sr20
/HR.
E
440.00
43
% OVERHEAD
:F
6.02.00
TRANSPORTATION
COST
6.5
DAYS
@ $20
/DAY
:K
1:0.00
TOTAL
:F 2132.
U0
7 i!
-Exhibit---! a "
TECHIrI= FRLVISICNS
Scone of Work
1111 The specifications, togeather with drawings, cover the work of
furnishing all labor, equipment, engineering, supervision, transporting
to site and material to furnish a turnkey installation of the crossing
signal protection devices. The scope of the work is to include all
of the following.
A. - Furnish and install all signal circuits
B. . Furnish and install conduit under roadways where it is necessary
C. . Furnish and install signal foundations and instrument case piers.
D. . Furnish and install instruament case and all related materiels.
E. a Furnish and install train sensing equipment.
F. - Furnish and install signals, lights and belle for complete oper.
G.• . Furnish and install utility pole and meter loop per power
company's requirements.
H. . Furnish and install all insulated joints, insulated switch rods
and insulated gauge plates that is necessary for a complete installation.
I. a Furnish and install all bond wires and switch bonding wires.
J. . Furnish and Install all underground signal and track cable.
H. . Furnish and install all miscellanous materials needed for a
complete installation. (bootlegs, sleeves, ground rods, etc.)
1. a Furnish and install standby storage batteries.
J. . Furnish crushed rock around signals d inetrunment housings.
K. - all retired signal equipssat, now on site, will be removed and
becoma the property of the Railroad.
if UMIT SCHEDULE DESCRIPTION
it All materials will meet the requirements of AAR SIGNAL SECTION SPEC.
Flashing light signal assembly shall be
um aw Dons :be oa complete with 4" mast, pinnacle, no. of track
signs, railroad crossing sign, lights andunction box base. Bell
i required on one signal. Signal lights shall be cast aluminum constru
-ction with 12" roundels. Hoods and backgrounds shall be aluminum
sheet with flat black finish. bight units shall conform to the specs
-fications of the AAR signal manual part 166. Bell shall operate on
10 - 12 volts do. and meet the specifications of the AAR signal manual
part 21.
Cantilever Leht Signals -Aluminum fixed walkout cantilever with
Bing e— waw ld mast assembly, catwalk, 121lights on mast and arm,
railroad crossing sign, no. of tracks sign and one signal will have a
dc. bell. Hood and backgrounds shall be aluminum with flat black finish.
Ladder and ladder guards.
I
Cantilever S al Foundations ■ Shall be poured or precast concrete
nun a ons.
Flasher Sianal Foundations ■ Galvanized metal or concrete foundations.
Instrumment Case Piers ■ Shall be galvanized metal.
t■ Totally enclosed steel equipment case. Case shall
e use o nose all required equipment. Case will have front and
back binge doors, light and convience outlet, power -off light indicator.
Bottom of case will coated with acid resistance paint and battery
trays.
Ca�� Yi ■ Miring inside of cases shall be inside of
p as c rsoewgye— . Te�terminals shall be provided on the positive
post of each track relay. Teat terminal shall be provided on the
positive post of n relay.
Shall be manufactured by Okonite or Kerite Co.
WON"04 Ar track circuits or Type "C" track circuits ■ Shall
be 1 coed. x no. I9 underground.
Track cable for motion detector locations ■ Shall be 2 cond. x no. k9
twisted underground.
Signal cable ■ Shall be 5 cond. x no. 09 with a bronze tape wrapped
underground.
If underground AC power cable is used ■ It shall be 2 cond. x no. d9
bronse tape wrapped underground. ,
r.�ttr000rri� Shall be(Phaee Motion Detector -2) manufactured by
a�ce Industries, Inc., including the MDSA-1 surge arrestor.
Type "C" (AC -DC style) ■ Power for the track circuits shall be provided
by a self contained transformer and inverter unit with integral power
transfer relay. Tares track circuits required for main line with
directional stick relays. Type "C" track rectifiers shall be mounted
in VA approved junction riser boxes (located approx. 10' from track
and 2' above ground level).
A•vital stick release timer shall be provided to release stick relays
after they have been energized for ten minutes for broken rail protection.
S c C ■ Shall be conventional type DC island track
c rcuits. Niers side tracks are located on both aides of the main line,
two track circuits will be used, (one for all the siding tracks on the
north side of the main line and the other for all of the aiding tracks
on the south aide of the main line.
��tt�� Ch �g ■ Shall be Cragg automatic chargers for operating
Matti
sUndby battery. Track rectifiers shall be automatic
or conetant type,
-I
Stand? Stora a Batteries .Shabe wet nickel -cadmium manufactured
17
M raw- isd on Co.
Phase Motion Detector -2 locations - Shall be 9 -cells of Edison
ni-cad 240 APH.
Type "C" locations - 9-cel2o of Edison ni-cad 240 APH for operating batt.
9-cel2s of ED ni-cad 160 APB for inverter batt.
Track battery ■ 1-c•22 of ED ni-cad 160 APH per DC track section.
Relays - Shall conform to the specifications of AAR signal section
on relays.
Each 6onnection to the track from bootlegs
a • ou • connected to the rail.
JTAgQj - Railhead weld type bonds (cadwell)
The contractor •hall furnish and install all
MWAIM • r o ate needed. Contractor shall also replace any existing
insulated rail joints that is presently located in the, switches
or sidings with new insulated joints, unless otherwise noted. Cn.moat
of the drawings we have indicated the size of rail (or as close as
possible). Decsuse many different rail sections and joint punches
exist within the proposed crossing circuits, it is the responsibility
of each bidder to make a survey of the track to determine the size
and punch of the insulated joints to be supplied. It may be necessary -
in some cases to out and drill the rail.
All main line rail insulated joints (includes the 21. joints in switch
turnout) - Shall be Portec fiberglass 6 -hole drilling.
All insulated joints on sidings - Shall be ;-M Company fiberglass
4 -hole drilling.
All joints on the main line at the present time is 4 -hole drilling. It
will not be necessary for the contractor to drill holes for the 6 -hole
insulated joints.
Contractor shall furnish and install all
eu
na e ew ci MON. He shall also replace any existing insulated
switch rods that is presently located in switches with new insulated
switch rods.
Mine
t Contractor @hall furnish and install all gauge plates,
w ere gauge plates are presently located, He shall also replace any
existing Insulated gauge plates that is presently located in the
switches with new Insulated gauge plates.
Utilitv Dole6 Meter o - Shall meet the requirements of the local
power company an a equipped with a breaker box and breaker.
ggndui$6 PVC PLU . Some of the existing crossing signals may already
ave pipe under the roads. Contractors can use this pipe if possible.
If pipe has to be pushed under road it shall be at least 3" galvanized
rigid conduit. If pipe can be laid under road at least 3" PVC pipe.
owA s• Contractor ahall furnish and install gravel around
n an Sastrunment cases where ground surface Is dirt. Gravel
shall be spread approx. 5e deep around walking area of case and
signals.
Contractor shall supppl�yy ppaadlocks for instrunment cases
en • goal units. Padlocks shall be -the type that opens with a 1/2"
terminal wrasch.
Removal A
It shall be the contractors
responaluilly V TAG OXL@ZlUg warning divices remain in
service until the now warning devices are placed in service.
It shall be the contractors responsibility to retire and return the
existing signal material back to the railway company. It shall be
stockpiled on the Cedar Rapids 6 Iowa City By. Co.'s right -of -ray.
s the Contractor shall carry Workman's Compensation
aurascs or all his employees in accordance with Iowa Workmen's
Compensation laws. .
The Contractor also shall carry insurance for protection against
damage which may arise from his operations of the kinds and limits
u fellars3
( General !lability Insurance in an amount not lee
s than $19000000
0Public Liability A Vehicle Liability Insurance in an anount not
less than 03000000 3 15009000
RECEIVED
DEC 12 1386
RAIL '� WATER DIV.
,RECEIVED
OCTV ;er
RAIL & WATER DIV,
RESOLUTION NO. 86-321
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST THE LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY,
IOWA, AND ACCESS IOWA CITY, INCORPORATED.
WHEREAS, on September 9, 1986, the City of Iowa City, Iowa, executed a
license agreement with Multi -Mentions, A Sole Proprietorship, for the use
of the access system referred to as IGIV which is a system designed for
use by cable TV customers to independently access central data base util-
izing a telephone and a computer software/ hardware package provided by
Multi -Mentions, and
WHEREAS, the City has received written notice from Multi -Mentions termi-
nating said license agreement with said termination to be effective upon
the execution of a similar license agreement between the City and Access
Iowa City, Incorporated, and
WHEREAS, the City has negotiated the attached, similar license agreement
with Access Iowa City, Incorporated, and
WHEREAS, the license granted to the City under said proposed agreement is
an experimental installation and, as such, the City will not be required
to pay any license fees, and
WHEREAS, under said proposed agreement, the consideration to be received
by Access Iowa City, Incorporated, consists of the opportunity to install
and demonstrate said system for actual use and to gain experience for
future improvements of the system, and
WHEREAS, under said proposed agreement, the consideration to be received
by the City consists of the expanded utilization of the cable TV system
and the results of the market analysis and market research information
gathered by Access Iowa City, Incorporated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Mayor is hereby directed and authorized to execute and the
City Clerk to attest said license agreement between the City of Iowa
City, Iowa, and Access Iowa City, Incorporated.
2. That upon the execution of said license agreement with Access Iowa
City, Incorporated, the previously executed license agreement between
the City of Iowa City, Iowa, and Multi -Mentions, A Sole Proprietor-
ship, shall be deemed terminated.
It was moved by McDonald and seconded by
the Resolution be adopted, and upon roll call there were:
Zuber
/7007-
007—
ii
all
Page 2
AYES: NAYS:
ABSENT:
Ambrisco
X
Baker
X
Courtney
X
Dickson
X
McDonald
X
X Strait
Zuber
X
Passed and approved this 21st day of
Octo� be=_+ 1986.
I
11
ATTEST: _ x»
i CIT CLERK
ApWOVW
By fie Ugel Depertmad
j`
1
C_
jr
�
I.
i.
LICENSE AGREEMENT BETWEEN THE CITY OF ICWA CITY, ICWA AND
ACCESS IOWA CITY, INCORPORATED
Agreement made October 21 , 1986 between the City of Iowa
City, Iowa, a municipal corporation organized and existing under
the laws of the State of Iowa, having its principal place of
business at 410 E. Washington, Iowa City, Johnson County, Iowa,
52240, herein referred to as Licensee, and Access Iowa City,
Incorporated, a corporation organized and existing under the laws
of Iowa, having its principal place of business in Iowa City,
Iowa, herein referred to as Licensor.
RECITALS
1. Licensor is authorized to enter into this agreement for
use of the access system herein after referred to as IGIV. The
system is designed for use by cable T.V. customers to indepen-
dently access a central data base utilizing a telephone and the
computer softwareNrdware package provided by Licensor.
2. IGIV is a combination of computer software
designed to use specified computer hardware selected by and
incorporated with the software by the developers of the system.
The particular combination of hardware and software, the software
"source code" and the various programs built around the "source
code," were all developed, designed and authored by Drew Shaffer,
J. Matthew Johnson, Jay Priest, Scott Zimmerman, Jeffrey Kinseth
and Roger Black.
3. Licensee acknowledges that Drew Shaffer has an ownership
interest in the IGIV System; that he is an employee of the City
of Iowa City and that Drew Shaffer receives no direct or indirect
compensation from the City of Iowa City in connection with this
agreement, and that he is not a party to this agreement.
Licensor states that it has no contract or agreement, direct or
indirect, with Drew Shaffer respecting this agreement with the
City of Iowa City involving the payment of any compensation or
consideration of any kind vhatsoever.
4. The Licensed Programs as defined in this agreement are
the sole property of the developers and authors named above. The
Licensee acknowledges that it has no ownership interest in the
Licensed Programs.
I. Definitions.
The following terms are defined for the purpose of this
Agreement as follows:
a. Licensed Programs" shall mean the computer software
programs collectively known as and incorporated .into "IGIV", as
provided to the Licensee, whether in the form of source code or
1
70z
K
object code, and whether fixed in printed or machine-readable
media. It shall also include any additional computer software
Programs or program portions provided to the Licensee at a later
date as a supplement to, replacement for, or correction of the
initial IGIV programs, and any works substantially derived from
any of the above, whether by Licensor, Licensee, or any other
person.
b. "Supporting Documentation" shall mean all materials
Provided to the Licensee for purposes of instruction,
demonstration, operation, or'maintenance, including video tapes,
audio tapes, and printed manuals.
c. "Designated Equipment" shall mean a single Commodore
AMIGA Model 1000 with mcnitor,Comspec Ram Hoard, keyboard and 3.5
external disc drive computer and associated peripheral devices
operated by the Licensee and located at the Iowa City Civic
Center, 410 E. Washington Street, Iowa City, Iowa.
i
d. "Use" means the use of the Licensed Programs in
accordance with the provisions of this Agreement, and shall
include copying any portion of the Licensed Programs from storage
units or media into equipment for processing, whether by
mechanical, electronic, or other means, or to other storage media
for archival purposes.
e. "System Enhancement" means any modification,
enhancement, improvement, or update of the Licensed Programs,
other than error corrections, together with Supporting
Documentation, furnished to the Licensee.
II. Grant, Acceptance, and Assignment of License.
2.1. Licensor hereby grants to the Licensee during
the term of this Agreement a con -exclusive license to use the
Licensed Programs, in machine-readable form only and only
on the Designated Equipment..
2.2. Licensee hereby accepts the non-exclusive license
granted herein and agrees to exercise the license on the terms
and conditions set forth in this Agreement.
2.3. This Agreement and the license granted hereunder, or
the Licensed Programs to khich said license applies, may not be
assigned, sublicensed, or otherwise transferred by Licensee
without the prior written consent of Licensor. Any prohibited
assignment shall be null and void. No right to use, in whole or
in part, the Licensed Programs is granted hereby except as
hereinafter expressly provided.
2.4. Licensee agrees to provide access to cable T.V.
customers on channel 29 for time periods to be determined and
arranged by Licensee pursuant to its programming authority for
said channel 29.
4
Wi
1,�. Corrections and Enhancements under Maintenance Agreement.
3.1. The parties hereto agree that the license granted to
the City of Iowa City hereunder is an experimental installation.
As such, the Licensee shall pay no license fees pursuant to this
agreement. The parties acknowledge that the consideration
received by Licensor for this agreement consists of the
opportunity to install and demonstrate the system for actual use
and to gain experience for future improvements of the system.
The consideration received by Licensee consists of the expanded
utilization of its cable system and of the results of the market
analysis and market research information gathered by Licensor to
be disclosed to Licensee. Licensor agrees to collect appropriate
statistical data to properly evaluate the Licensed Programs and
to disclose the results of the evaluation and the conclusions
drawn therefrom to the Licensee. The Licensee acknowledges that
the collection of statistical data with the resulting evaluation
and preparation of conclusions is a portion of the consideration
that it receives for entering this agreement.
3.2. Licensor has a separate agreement with Tris
Corporation wherein Tris Corporation is obligated to maintain the
licensed programs. Licensor agrees to cause Tris Corporation,
during the term of this Agreement, to use their best efforts to
correct within reasonable time any and all errors, defects, and
malfunctions in the Licensed Programs which are brought to
Licensor's attention by any means, and to distribute to Licensee
any error correction which applies to the Licensed Programs
licensed index this Agreement.
3.3. During the tern of this Agreement, Licensor may, but
is not required to, distribute to Licensee any System Enhancement
which is applicable to the Licensed Programs licensed under this
Agreement.
3.4. Any System Enhancement provided by Licensor under the
terms of this section of the agreement is considered a Licensed
Program for the purposes of this Agreement. Acceptance by the
Licensee of any System Enhancement frau Licensor shall be deemed
conclusive evidence of Licensee's agreement that the System
Enhancement for the Licensed Programs is covered by this Agreement.
IV. Covenants.
The Licensee covenants that .it will amply with each of the
provisions of this section as follows:
4.1. The Licensee may not copy the Licensed Programs and
Supporting Documentation, in whole or in part, in printed or
machine-readable form. Licensee agrees to take measures
reasonably calculated to prevent its employees and members of the
general public from access to the Licensed Programs or the
Designated Equipment during the term of this agreement. Licensee
agrees that it will not allow any of its employees or members of
/702—
the general public to copy the Licensed programs .in whole or in
part, in printed or machine readably fnrm_
4.2. The Licensee agrees that it will not modify or permit
the modification of the Licensed programs without the prior
written consent of Licensor. Licensor's consent to any such
modification may be conditioned upon the Licensee's agreement to
completely remove the Licensed programs from the modified Mork
upon termination of this Agreement or of the license for the
Licensed programs. Any modified work incorporating, in any way,
the Licensed programs, or any part thereof, shall be used only on
the Designated Equipment, and shall remain subject to all the
terms and•oonditions of this Agreement.
4.3 Licensee acknowledges that the developers and authors
as named above own the sole and proprietary rights to the
Licensed programs and agrees that the Licensed Programs, in whole
or in part, and any copies, including modified or derived works,
in any form, shall bear copyright and reservation -of -rights
notices specified by Licensor or its assignee. Licensee shall
not provide or make available the Licensed Programs, including
modified or derived works, in any form, to any person other than
Licensee's employees, without prior consent from Licensor, except
during the period any such person is on Licensee's premises with
Licensee's permission for the purposes specifically related to
Licensee's use of the Licensed Programs. The Licensee will take
appropriate action by instruction, agreement, or otherwise with
its employees or other persons permitted access to the Licensed
Programs to satisfy .its obligations under this agreement with
respect to the use, copying, modification, and protection and
security of the Licensed Programs.
4.4. 'hie Licensee shall maintain records specifically
identifying the Licensed Programs, the Designated Equipment, and
the location as to specific media of printed and machine-readable
copies of the Licensed Programs, and make such records available
to Licensor during regular business hours upon reasonable
notice.
V. Warranties.
5.1. Licensor warrants that it has the legal right to
grant Licensee the license as set out above and that such license
does not infringe any third party's property or personal rights.
5.2. Licensor warrants that there are no pending law suits
concerning any aspect of the Licensed Programs and that the
Licensed Programs have not been published in such a way as to
lose any of their copyright protection. In addition, certain of
the materials provided hereunder as part of or in addition to the
Licensed Programs may not yet have been the subject of copyright
protection and to such extent those materials have been preserved
as trade secrets. Licensor warrants that there are no pending law
suits concerning any aspect of the programs or materials provided
11
70.Z.
hereunder which are the subject of trade secret protection.
VI. Limitation of Liability.
6.1. THE FOREGOING WARFANPIEs ARE IN LIEU OF AIL amm
WARRANTIES, EXPRESS OR IMIWED, INCIdIDING, BUT NUT LIMITED T0,
ANY IMPLIED WARRANTIES OF MERCPMABILITY OR FITNESS FOR A
PARTICfIIAR RIRR.SE. LICENSEE AC[Q4MEDGES THAT NEITnER LICENSOR
NOR ANY OF THE DEVELOPERS AND/OR AUTHORS NAPPED ABOVE HAVE MADE
ANY EXPRESS WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF.
6.2. Licensee agrees that Licensor and the developers
and/or authors named above shall not be liable for any lost
profits by Licensee or Licensee's suppliers or customers or other
users of the Licensed Programs, or for any claim or demand
against the Licensee by any other party. In no event will
Licensor or the developers and/or authors named above be liable
for consequential damages even if Licensor and/or the developers
and/or authors have been advised of the possibility of such
damages.
6.3. No action, regardless of form, arising out of the
transactions under this Agreement, may be brought by either party
more than one year after the cause of action has accrued.
6.4. Licensor and the developers and/or authors named above
accept no liability or responsibility for the content of
information accessible through the use of the Licensed Programs
and the government access channel 29. Those persons or entities
entering information for access via the Licensed Programs and
government access channel 29 are solely responsible for the
content of such information.
VII. Termination.
7.1. Either party shall have the right to terminate this
Agreement in the event that the other party commits a material
breach of its cbligat.ions. In addition, either party shall have
the right to terminate this Agreement following the expiration of
thirty (30) days after the transmission of a Notice of Intent to
terminate this agreement.
7.2. Upon termination of this agreement, the Licensee shall
immediately cease use of the Licensed Programs and, within five
(5) days after the termination of the right to use the Licensed
Programs under this Agreement, the Licensee shall return to the
Licensor the original and all copies, in whole or in part, in
any form, including partial copies and modifications, of the
Licensed Programs, except that upon written approval of Licensor
the Licensee may retain a copy for archival purposes only.
7.3. Notwithstanding the termination of this Agreement, the
obligations and rights of the following sections of this
Agreement shall remain .in full force: subsection 4.3.,
subsection 4.4., Section VI, and Section VII.
VIII. Miscellaneous Provisions.
8.1. If any provision of this Agreement is invalid under
any applicable statute or rule of law, it is, to that extent,
deemed emitted, without affecting the validity of any other term
or condition hereof.
8.2. This Agreement, including all schedules and
attachments made a part hereof, sets forth the entire agreement
of the parties with respect to the subject matter hereof,
superseding all prior communications and agreements, written or
verbal; and no modifications shall be binding unless in writing
and signed by the parties or their duly authorized agents.
8.3. This Agreement shall be governed by and construed
under the laws of the State of Iowa.
8.4. Headings as used throughout this Agreement are for the
convenience of the parties and are not intended to be used to
interpret any term or condition hereof.
8.5. Any communication in connection with this Agreement
shall be deemed to be delivered if it is in writing (or in the
form of a telegram or telex), addressed as provided below, and if
(a) it is actually delivered at said address or (b) in the case
of a letter, seven business days shall have elapsed after the
same shall have been deposited in the United States mails,
registered or certified, with postage prepaid.
I
8.6. 'Ibis agreement is executed on behalf of the City of
Iowa City, Iowa pursuant to the resolution of the City Council
adopted on the 21st day of October, 1986.
8.7. Communications to Licensor shall be sent to
Access Iowa City, Incorporated
Doug Allaire
P.O. Box 8920
Iowa City, Iowa 52244
Communications to Licensee shall be sent to:
City Clerk
410 E. Washington Street
Iowa City, Iowa 52240
I
i
i
6
In Witness whereof, the parties hereto have executed this
Agreement as of the day and year first written above.
Access Iowa City, Incorporated
BY:
Doug Alla' e, CO -Director
Dan DalI, CS --Director
City of Iowa City
[ liam(,isoo, f7ayor
A=T:
Recefvad $ Approved
By the legal Depadr mM
io ib e6
al
13
RESOLUTION NO. 86-322
RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE UNITARIAN UNIVERSALIST
SOCIETY OF IOWA CITY TO PROVIDE, FOR THE DRAINAGE OF STORM AND SURFACE
WATERS FROM CERTAIN PROPERTIES.
WHEREAS, the Unitarian Universalist Society of Iowa City owns and operates a
church at 10 South Gilbert Street in Iowa City, Iowa, which church lies
immediately west of and adjacent to a parking lot owned and operated by the
City of Iowa City in conjunction with its civic center building; and
WHEREAS, the church is presently engaged in a project to improve the church
building, and in connection therewith desires to construct a new handicapped
accessible sidewalk ramp and entryway into the church on the east side of the
church building immediately adjacent to the City's parking lot; and
WHEREAS, the church has no convenient means readily available to it to drain
storm and surface waters from said sidewalk ramp and entryway, except to
divert same onto the City's parking lot; and
WHEREAS, the church has requested the City to grant it permission to drain
its storm and surface waters onto said parking lot; and
WHEREAS, the City Engineer has reviewed the Church's proposal in this regard,
and has determined that such proposal, as set forth in the License Agreement
attached hereto and made a part hereof, would not be adverse to the City's
interest; and
WHEREAS, this City Council has been advised and does believe that it would be
in the best interest of the City to enter into said License Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the License Agreement attached hereto and made a part hereof is
hereby approved as to form and content.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized
and directed to execute and attest, respectively, the said License Agreement
for and on behalf of the City of Iowa City, Iowa.
It was moved by Dickson and seconded by
the Resolution be adopted, and upon roll call there were:
Zubcr
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
Dickson
McDonald
X Strait
-X_ Zuber
hrod pi Approv
Bt
D r_•n!
W,
Resolution No. 86-322
Page 2
Passed and approved this 21st day of October 1986.
1
MAYO
ATTEST: A - �/ 4�
CITY CLERK
`ii
License Agreement
This Agreement, made and entered into
1986, by and between the City of Iowa
the Unitarian Universalist Society
Church").
WITNESSETH:
this 21st day of October ,
City, Iowa (hereafter The Ci" 'ty') and
of Iowa City, Iowa (hereinafter "The
WHEREAS, The Unitarian Universalist Society of Iowa City, Iowa, owns and
operates a church at 10 South Gilbert Street in Iowa City, Iowa, which church
lies immediately west of and adjacent to a parking lot owned and operated by
the City of Iowa City in conjunction with its Civic Center building, all of
which facilities are located in Block 44, Original Town, Iowa City, Johnson
County, Iowa; and
WHEREAS, The Church is presently engaged in a project to improve the church
building, and in connection therewith desires to construct a new handicapped
accessible sidewalk ramp and entryway into the church on the east side of the
church building immediately adjacent to the City's parking lot; and
WHEREAS, the Church has no convenient means readily available to it to drain
storm water and surface water from said ramp and entryway except to divert
same onto the City's parking lot; and
WHEREAS, the Church has requested the City to grant it a license to drain and
divert said such waters onto the City's parking lot, pursuant to the terms of
this License Agreement.
NOW, THEREFORE, THE CITY AND THE CHURCH DO HEREBY AGREE AS FOLLOWS:
1. Grant of License.
For and in consideration of the sum of $1.00, other valuable considera-
tion, and the mutual covenants and agreements herein contained, the City
does hereby grant to The Church a license to drain and divert storm
waters and surface waters, which fall or accumulate upon the sidewalk
ramp and entranceway on Church property, as shown in the attached draw-
ing, Exhibit A hereto, from said ramp and entranceway onto the City's
parking lot at the location shown on Exhibit A. For this purpose, the
Church is authorized to cut the parking lot curb at said location, sub-
ject to the requirements hereafter provided in paragraph 2. The license
to drain and divert storm and surface waters shall not apply to waters
which fall or accumulate on the church roof or other grounds of the
Church. Said license shall be revocable as provided in paragraph 6.
Said license shall be to and for the benefit of the Church, as owner of
property described as the North 110 feet of Lot 4, Block 4, Original
Town, Iowa City, Johnson County, Iowa.
The Church acknowledges and agrees that this grant of license by the City
does not obligate the City to provide any particular volume amount of
drainage capability, or to maintain the drainage capability that pres-
ently exists. The Church further acknowledges and agrees that it shall
1703
iffIdd
bear any and all risks consequent upon the loss or reduction of the
current drainage capability which may occur as a result of any naturally
occurring change in grade of the parking lot surface, or due to the
natural accumulation of snow and ice thereon. The Church further ac-
knowledges and agrees that the City shall have no duty except to provide
routine maintenance of its parking lot, that the City shall not be obli-
gated to maintain the present grade of its parking lot, and that the City
shall not be obligated to remove snow and ice therefrom so as to maintain
and effectuate drainage for the Church.
Curb Cut.
For purposes of providing a path for the drainage of storm and surface
waters, the Church is hereby empowered to cause the curb on the west side
of the City's parking lot, at the location shown on Exhibit A attached
hereto, to be cut and removed. Thereafter, the Church shall cause said
area to be reconstructed to provide a curb drop sufficient for the pas-
sage of storm and surface waters, as shown on Exhibit B attached. Such
work and the construction of said curb drop shall be done and performed
in a workmanlike manner and to the satisfaction of the City Engineer.
The Church further agrees to maintain said curb cut and curb drop im-
provement in good condition, and to promptly repair any defects which
develop therein which would in the opinion of the City Engineer adversely
affect adjacent City property.
Use of License Area.
The Church agrees that its use of that portion of the license area con-
sisting of the curb cut shall be limited to the drainage of storm and
surface waters as aforesaid from church property. The Church agrees that
it will not use said area as a means of pedestrian or handicapped access
to the new entryway, and that it will not encourage, permit or allow such
use thereof by Church personnel or members, or by others visiting or
using the church building. To this end, the Church agrees that it will,
if requested by the City, install a permanent railing or barricade at
that location to prevent such use.
The City agrees that in the event that vehicles parked in the City park-
ing lot interfere with pedestrian or handicapped use of the sidewalk ramp
or entranceway because such vehicles protrude over the curb and into the
ramp or entranceway area, the Church may in that event install, at its
expense, a guard railing on the west side of the parking lot curb to
prevent such vehicles from protruding onto Church property, and the
Church agrees that it will not pursue any other remedy in the event such
problem occurs.
4. Maintenance of Ramp and Entranceway.
The Church agrees that it will maintain the ramp and entranceway in such
a manner as to prevent undue or excessive waters from draining onto the
City parking lot. To this end, the Church agrees that it will not divert
rainwater from the church building roof drain system onto the ramp or
1i.#If3
Wi
entranceway, and that it will not divert storm or surface waters, or any
other waters, from other portions of church property onto the ramp or
entranceway. In order to prevent the undue accumulation of ice upon the
City's parking lot, the Church further agrees that it will promptly
remove accumulations of snow and ice from the ramp and entranceway, that
it will not place such snow and ice upon adjacent City property, and that
it will place such snow and ice in a location where the watermelt there-
from will not drain through the license area onto the City's parking
lot.
Indemnity and Hold Harmless.
The Church hereby agrees to hold harmless, indemnify, and defend the
City, its officers, agents, and employees from and against any and all
claims, suits, actions, debts, damages, costs, charges and expenses,
including court costs and attorney's fees, and against all liability for
property damage and personal injury, including death resulting directly
or indirectly therefrom, which arise from any negligent act or omission
of the Church, its officers, agents or employees in the maintenance or
use of the ramp, entranceway, or license area as aforesaid; or which
arise from injuries that occur upon the sidewalk ramp or entranceway due
to accumulation of ice thereon, even if such ice accumulates thereon due
to the failure of drainage onto, over or through the City's parking lot
due to the accumulation of snow or ice thereon, or due to the heaving of
the parking lot surface due to frost; or which arise from injuries that
occur upon the City's parking lot due to the excessive or undue formation
or accumulation of ice thereon caused by the Church's drainage of snow
melt or ice melt from the ramp or entranceway.
The Church further agrees to waive and release any and all claims, suits,
actions, debts, damages, costs, charges, and expenses, including court
costs and attorney's fees, which the Church may in the future have or be
entitled to bring or assert against the City, including subrogation
rights which the Church or its insurers may have or hereafter acquire,
against the City, its officers, agents or employees, which arise in any
way from the failure of water to drain over or across the City's parking
lot due to natural causes, including a change in grade of the City's
parking lot due to frost heave or the accumulation of snow or ice upon
said parking lot.
The Church agrees that the aforesaid indemnity agree shall be and remain
in effect at all times during which this license is in effect or during
which the Church utilizes the City's parking lot for the drainage of
storm or surface waters from the ramp and entranceway.
6. Revocation of License.
The license herein granted to the Church is revocable by the City if the
City determines, in its sole discretion, that it would no longer be in
the City's interest to continue to allow use of the license area for
drainage purposes. The City may revoke said license by giving the Church
thirty days written notice of its intent to revoke same. At the end of
/7fl
_f
a
said notice period the license shall stand revoked. If requested by the
City in the revocation notice, the Church shall promptly take action to
replace the curb in a manner acceptable to the City Engineer. If the
Church fails to replace the curb as requested, the City may replace same
and shall be entitled to collect the costs of so doing from the Church.
Unitarian Universalist
Society of Iowa City, Iowa
By: 1�
Diane Martin, President of—
Board
of Directors
i
J n Hood, Secretary
STATE Of IOWA )
SS: i
JOHNSON COUNTY )
On this 40 day ofd (wJ A.D. 19 before me, the
undersi ned, a Nary Public in and or a State of--Iowa, personally ap-
peared Sim _Mdk ; and tzj�e n W6,1d
to mepersona y known o, being by me duly sworn, did say that they —are—e'
�hosrA2 e� / anri and respectively, of j
said corpoPation executing the within and Toregoing instrument to which this
is attached, that (no seal has been procured by the said) (the seal affixed
thereto is the seal of said) corporation; that said instrument was signed
(and sealed) on behalf of said corporation by authority of its Board of
Directors; and that the said cn a %71 and
�7�tn/ood as suc o cers acknowledged the execution of saM +
instrument o be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
i I
Notary PUD11C n and tor the state oTZowa
The City of Iowa City,Iowa
Z66Liam J. co, Mayor
Attest: y�
a iaF1i n K. Karr, Cit Clerk
caved a i%ppr'•u
„6 hu L,_,Qat yard .
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 21st day of October A.D. 1986, before me, the under-
signed, a Notary Public in and for the State of Iowa, personally appeared
William J. Ambrisco and Marian K. Karr, to me personally known, who, being by i
me duly sworn, did say that they are the Mayor and City Clerk, respectively,
of the City of Iowa City, Iowa; that the seal affixed to the foregoing in-
strument is the corporate seal of the corporation, and that the instrument
was signed and sealed on behalf of the corporation, by authority of its City
Council, as contained in (Ordinance) (Resolution) No. 86-322 passed (the _
i Resolution adopted) by the City Council, under Roll call 6 of the
City Council on the 21st day of October 19 g¢_, ani ihia -William
J. Ambrisco and Marian K. Karr acknowled— geFthe execution of the instrument
to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
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