The URL can be used to link to this page

Home My WebLink About2008-01-29 ResolutionM~ 3c 10 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-18 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Bread Garden Market & Bakery - 225 S. Linn Street Passed and approved this 29th day of a a , 20 08 c M Approve ATTEST:! l~ ~ 7~ CIT CLERK va~~ w2'2~! ~c~ ity Attorney's Office /a/x7~ 7 It was moved by Wilburn and seconded by o' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~ Champion g Correia g Hayek x O'Donnell x Wilburn ~- Wright Mai 3c 11 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-19 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided bylaw is hereby granted to the following named person and at the following described locations upon hislher filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Speakeasy - 171. Hwy. 1 West Farras Productions - 320 E. Burlington Street One-Eyed Jake's - 18-20 S. Clinton Street Passed an ATTEST: d~~~ y ~ ~~~~~~i~ d approved this ~_4th day of Januar 20~_~ C M R Approve CIT CLERK City Attorney's Office /a ~>~e7 It was moved by Wilburn and seconded by o' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey _~ Champion x Correia ~_ Hayek ~_ O'Donnell ~_ Wilburn Wright M~ -9-$ 3e(1) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-20 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS, IOWA FOR PROPERTY LOCATED AT 614 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of five Mortgages, executed by the owners of the property on December 15, 2000 and recorded on December 28, 2000, in Book 3027, Page 244 through Page 248, and in Book 3027, Page 249 through Page 253, and in Book 3027, Page 254 through Page 260; and on August 29, 2001, recorded on September 5, 2001, in Book 3128, Page 625 through Page 631, and dated August 21, 2001, recorded September 5, 2001, in Book 3128, Page 632 through Page 636, in the Johnson County Recorder's Office covering the following described real estate: Lot eleven (11) in Block ten (10), in Rundell, Johnson County, Iowa, according to the recorded plat thereof WHEREAS, Hills Bank and Trust Company is refinancing a loan in the amount of $92,200.00 for 614 Rundell Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the lien of the proposed mortgage in order to induce Hills Bank and Trust Company to make such a loan; and WHEREAS, Hills Bank and Trust Company, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Hills, Iowa. Passed and approved this 29th day of .~anuarv , 20~_ ATTEST: /~~~~ /) ~1~ CITY CLERK ~~.~~ r ~ a a - o ~ City Attorney's Office It was moved by Wilburn and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion _~ Correia ~_ Hayek X O'Donnell x Wilburn _~ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Hills, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the amount of $45,868, and where executed by Benjamin T. Schmidt and Lisa R. Schlesinger (herein the Owners), dated December 15, 2000, recorded December 28; 2000, in Book 3027, Page 244 through Page 248, and dated December 15, 2000, recorded December 28. 2000, in Book 3027, Page 249 through Page 253, and dated December 15, 2000, recorded December 28, 2000, in Book 3027, Page 254 through Page 260, and dated August 29, 2001, recorded September 5, 2001, in Book 3128, Page 625 through Page 631; and dated August 21. 2001, recorded September 5, 2001, in Book 3128, Page 632 through Page 636,Johnson County Recorder's Office, covering the following described real property: Lot eleven (11) in Block ten (10), in Rundell, Johnson County, Iowa, according to the recorded plat thereof WHEREAS, the Financial Institution proposes to loan the sum of $92,200.00. on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 01/10/2008 11:51 3193565217 IOWA CITY PLANNING PAGE 0A/05 4 8 pe #g a heirs, leg I ~ prgersentativeshsuccesso di and assigns~af the~partiesehereto. t of the tt `'~' ~ , zo~- Datedthis I~ day of ,..~~! x~ R.T- CITY OF IOWA CITY <; 6y Mayor Attest: FINANCIAL INSTITUTION i G~e~~~1-~or,~ . ,,,1 Ci lark CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this a~ia~`" day of ~~ls , 2t)~ before me, the undersigned, a Notary public !n and far the State of lows, ersortally appeared . : a D, • i a and Marian K. Karr, to me personatly known, and, who, Eyeing by me dut sworn, did say t at #hey are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on tyehatf of the corporation, by authority of its City Ccuncil, as contained in (Ordinance) (Resolution) No. o g- ao pissed (the Resolution adopted) by the City Council, under Roll Cali ty ~ da , 20 ~ ,and No, _ of the Ci Council on the y °f ed the execution of the That ~asn'~Q 1~. ~3a'~ I~e ~, and Marian K. Karr actCrto 9 instrument to be their vofutttary sect nd deed and the voluntary act and deed of the corporationr by i1 vniuntarily executed. S s~ Notary Publican and for the State of Iowa os9`~q~s SONDRAE FORT _ ~ Commission Number 159791 My Commission Expires low 01/10/2008 11:51 3193565217 ICI~lA CITY PLANNING PAGE 05/05 STATE OF IOWA ) ~: JOHNSON COUNTY ) ~ ` ~ ~~ V ~ _ I~ 2008 by ~Th`is instrument was acknowledged before me on 't(k--r ~cia ~i~ ~.~(narne(s) of person(s)} aS ~sr U1ce,P Oc;~en~ }1'mn ~f~2 ~ (tYPe of ~ 1' ~ 1~ ~,~-,fir ~,,~,,,1'j`~L1~-t- ('c~rn~(.Y'.n~ - .(name of authority, e.g, officer, trustee, etc.) of „~ ~ ~~ _ ~,~ ~,~ u pally of behalf of whom instruments was executed) . ~ Notary Public in and fo the State of Iowa ';~" ~ ID rNy Commission expires: '"~~ - 3e(2) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-21 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN TRUST, AND TENANT MOTIF, LTD D/B/A BO-JAMES, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Lubin Trust, as landlord, and Motif, Ltd, d/b/a Bo-James, as tenant, applied for a renewal of a temporary use of the public right-of-way at 118 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 29th day of ATTEST: i .r,~ CIT CLERK ~„~~ (~a3~~~ City Attorney's Office rr~ C® Resolution No. 08-21 Page 2 It was moved by Wilburn and seconded by 0' Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey g Champion ~ Correia x Hayek x O'Donnell g Wilburn x Wright 01-29-08 ~ ~~ 3e 3 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-22 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER IOWA STATE BANK & TRUST CO, AND TENANT ICBB, LTD D/B/A BROWN BOTTLE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Iowa State Bank & Trust Co, as landlord, and ICBB, Ltd, d/b/a Brown Bottle, as tenant, applied for a renewal of a temporary use of the public right-of-way at 115 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this 29th day of ATTEST: s ~' CIT CLERK City Attorney's Office ^NN~vv~.v var. Resolution No. 08-22 Page 2 It was moved by Wilburn and seconded by 0' Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey x Champion x Correia x Hayek _~ O'Donnell x Wilburn x Wright ~1~~ ~ c~ Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5030 RESOLUTION NO. 08-23 RESOLUTION APPROVING MUTUAL RELEASE AND SETTLEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND KNUTSON CONSTRUCTION SERVICES MIDWEST, INC. REGARDING THE PRECAST DOUBLE TEE BEAMS AT THE IOWA CITY WATER FACILITY. WHEREAS, the City of Iowa City (IOWA CITY) and Knutson Construction Services Midwest, Inc. (KNUTSON) are parties to a contract for construction of the Iowa City Water Facilities Improvement dated December 15th, 1999; and WHEREAS, the parties have a dispute relating to the precast double tee beams construction and design as detailed in Wiss, Janney, Elstner Associates, Inc.'s ("WJE") final report and letter dated June 26th, 2007, and Rath, Rath 8~ Johnson, Inc.'s ("RRJ"), report dated August 20th, 2007; and WHEREAS, IOWA CITY has instructed KNUTSON to perform all work described in the Project Manual for Iowa City- Water Facility Improvements Double Tee Roof Beam FRP Repairs dated December 10th, 2007, and the drawings for that project; and WHEREAS, IOWA CITY and KNUTSON have agreed on certain modifications of the instructions for the convenience of the installation and work to be performed; and WHEREAS, the parties have agreed to settle all of their potential and existing disputes and claims presented with respect to precast double tee beams at the Iowa City Water Facility Improvements as set forth in the attached Mutual Release and Settlement Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The City Council for the City of Iowa City hereby approves the attached mutual release and settlement agreement between the City of Iowa City and Knutson Construction Services Midwest, Inc. as being in the best interest of the City of Iowa City. 2. The Mayor and City Clerk are hereby authorized and directed to sign and attest the attached mutual release and settlement agreement. 8 Passed and approved this y of Jan ar , 2007. MAYOR proved b ATTEST: ~~~.~~~ rt 5~ ITY CLERK ?. ~- 2.`t -D~ City Attorney's Office Annen/ord&res/res rat settlement.doc Resolution No. pg_~3 Page ~_ It was moved by Correa a and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion ~_ Correia x Hayek x O'Donnell x Wilburn ~_ Wright wpdata/glossary/resolution-ic.doc SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Agreement is dated Jan. 29 , 2008. The parties to this Agreement are CITY OF IOWA CITY, IOWA ("IOWA CITY") and KNUTSON CONSTRUCTION SERVICES MIDWEST, INC. ("KNUTSON"). BACKGROUND FACTS A. IOWA CITY is a Municipal Corporation in the State of Iowa. B. KNUTSON is an Iowa corporation with its principal place of business in IOWA CITY, Johnson County, Iowa. C. IOWA CITY and KNUTSON entered into a contract for the construction of the IOWA CITY Water Facilities Improvement dated December 15, 1999, which contract was for the performance of the work described in the Project Manual. for IOWA CITY Water Facilities Improvement dated October 11, 1999. D. KNUTSON proceeded with the Work and achieved substantial completion of the Work at an agreed date of April 10, 2003. E. In January 2005, IOWA CITY and KNUTSON settled a claim relating to the replacement of the architectural precast wall panels at the IOWA CITY Water Treatment Facilities by entering into a Rework Agreement, a copy of which is attached hereto marked as Exhibit A. F. IOWA CITY paid KNUTSON the full amount of its retainage, $158,080.43, on or about July 25, 2005. With that payment, IOWA CITY paid the full amount due to KNUTSON under the December 15, 1999 contract. G. On November 14, 2006, IOWA CITY passed Resolution No. 06-341 accepting the work for the IOWA CITY Water Facility Improvements Division I: Water Treatment Plant and Division II: Well Houses Project. H. On February 23, 2007, IOWA CITY notified KNUT50N that it had discovered cracks in the precast double tee roof beams ("double tees") on February 15, 2007. { 00521140. DOC } Settlement Agreement and Mutual Release -Page 1 of 7 Following an investigation conducted by Wiss, Janney, Elstner Associates, Inc. ("WJE") on behalf of IOWA CITY and by Raths, Raths & Johnson, Inc. ("RRJ") on behalf of KNUTSON, the City instructed WJE to prepare plans and specifications for repair of the double tees. In a letter dated January 10, 2007, IOWA CITY instructed KNUTSON to perform all work described in the Project Manual for IOWA CITY Water Facility Improvements Double Tee Roof Beam FRP Repairs dated December 10, 2007 and in the drawings for that project, entirely at KNUTSON's cost. K. On January 15, 2008, KNUTSON responded to IOWA CITY in writing and agreed to perform the work demanded by IOWA CITY with certain modifications of the instructions for the convenience of the installation and the work to be performed. L. On that same date, representatives of IOWA CITY and KNUTSON met to negotiate the terms of a settlement agreement and mutual release, and this is the settlement agreement and mutual release they negotiated. TERMS OF THE AGREEMENT In consideration of the facts mentioned above and the mutual promises set out below, the parties agree as follows: KNUTSON shall perform at its sole cost and with no cost to IOWA CITY all work described in the Project Manual for IOWA CITY Water Facility Improvements Double Tee Roof Beam FRP Repairs dated December 10, 2007 and the drawings for that project (the "Work") with the following exceptions: a. Surface preparation of the double tees: KNUTSON may use an alternative method to sandblast and to prepare the surface of the double tees for repair provided that the alternative method is acceptable to the FRP manufacturer and does not affect the warranty. Such preparation must meet the required surface preparation specification and lift-off tests to be a satisfactory method. In the event that KNUTSON does not achieve the required performance or satisfactory test completion, the sandblasting requirement included in the original specifications will be required. {00521140.DOC } Settlement Agreement and Mutual Release -Page 2 of 7 b. Regarding ASIC certification, KNUTSON has requested relief from the requirement that the steel supplier be ASIC certified. The services of an independent testing and material science company (Terracon) shall be used to provide special inspection and monitoring of the steel fabrication and erection, determine the contractor's compliance with the steel erection and fabrication specifications and plans, and to generally observe the steel erection and fabrication for conformance of the Work with the Contract Documents. Terracon will be retained by the City directly to perform the inspection and monitoring services described in this paragraph and all costs, expenses and fees associated with this Work will be paid for by KNUTSON or reimbursed to IOWA CITY, as directed by IOWA CITY. The services of Terracon shall in no way relieve, discharge, modify or affect the obligation of the contractor to comply fully and completely with applicable plans, specifications, codes, AISC requirements,.or Contract Documents and the Contractor shall remain fully responsible for its Work in accordance with the terms of the Contract Documents. The fabricator and erector shall be a company or companies specializing in performing the Work of this section with a minimum of 5 years experience. KNUTSON has requested an alternative design for the permanent catwalk. KNUTSON will not be using the designed catwalk for purposes of performance of the repair work, and seeks consideration of alternative design for a permanent catwalk to be placed following completion of the repair. IOWA CITY authorizes KNUTSON to perform the repair of the double tees from temporary scaffolding and to install a permanent catwalk following completion of the repairs. IOWA CITY further authorizes KNUTSON to provide an alternative design for the permanent catwalk which may only be fabricated and installed if the alternative design is satisfactory to IOWA CITY and its consultant WJE. d. KNUTSON will not be responsible for any inspection or maintenance of the FRP installations following KNUTSON's completion of the Work, and instead„ KNUTSON will pay IOWA CITY the sum of $10,500 upon KNUTSON's completion of the Work, which sum represents the total of the allowances for inspections and reports provided for in Section 01125 Unit Price Work of the Project Manual for Iowa City Water Facility Improvements Double Tee Roof Beam FRP Repairs dated December 10, 2007. { 00521 ] 40.DOC } Settlement Agreement and Mutual Release -Page 3 of 7 e. Since the Work will not be publicly bid as contemplated by the Project Manual for IOWA CITY Water Facility Improvements Double Tee Roof Beam FRP Repairs dated December 10, 2007, this Settlement Agreement and Mutual Release shall constitute the Agreement between KNUTSON and IOWA CITY relating to the Work. f. If IOWA CITY requests or orders additional work, IOWA CITY agrees to pay KNUTSON the actual costs KNUTSON incurs in performing the Work as changed. IfKNUTSON and City cannot agree on the amount IOWA CITY is to pay KNUTSON before KNUTSON performs the work affected by the change, KNUTSON may fulfill its obligations under this Agreement by performing the work without the change. Change orders necessary because of conditions revealed during the execution of the work, but necessary to complete the original scope of the work as defined in Section 01800 of Project Manual for Iowa City Water Facility Improvements Double Tee Roof Beam FRP Repairs dated December 10, 2007, are not considered additional work and will be completed at no additional cost. KNUTSON shall not be required to perform additional work at no cost to IOWA CITY that is intended primarily to address aesthetic issues. 2. KNUTSON shall perform all work required under this Agreement with no reimbursement, payment, entitlement, or claim against IOWA CITY for the cost of the work. 3. KNUTSON expressly reserves the right to make claims for reimbursement, contribution, defense, indemnity or otherwise for all costs of the Work and the amounts KNUTSON pays to IOWA CITY pursuant to this Agreement against all other persons or parties who may be responsible or may be alleged to be responsible for those costs, demands, claims or expenses, except for IOWA CITY. 4. KNUTSON will promptly begin the Work and complete it no later than 155 days from January 22, 2008, barring delays relating to the availability of materials or force ma~eure. KNUTSON shall, on or before February 22, 2008, reimburse IOWA CITY the following amounts which the City represents and agrees to be the total amount of costs, losses and damages, including but not limited to fees and charges of engineers, architects, attorneys and other professionals incurred by City in enforcing its contract rights relating to the { 00521140. DOC } Settlement Agreement and Mutual Release -Page 4 of 7 double tees, that it is entitled to recover from KCS, except for the $10,500 provided for in paragraph 1(d) of this Agreement: NAME DESCRIPTION Howard R. Green Temporary Support Design and Work Cedar Valley Steel Temporary Support Design and Work WJE Investigation All American Investigation Access Scaffold WJE Structural Design and Inspection Howard R. Green Mechanical and Electrical Design and Inspection Estimate Simmons Perrine Legal Services TOTAL AMOUNT $ 11,862.52 $ 26,244.81 $ 62,779.23 $ 1,552.09 $155,000.00 $ 35,000.00 $ 34,290.78 $326,729.43 6. Upon completion of the Work described in paragraph 1 of this Agreement and upon payment of the sums required by this Agreement, IOWA CITY and KNUTSON hereby irrevocably release, acquit and forever discharge each other, their predecessors and successors in interest and their directors, officers, shareholders, employees, agents, attorneys, representatives, affiliates, subsidiaries, heirs and assigns and all thereof from any and all manner of actions, suits, claims, damages, judgments, levies, executions, demands, costs, expenses and liabilities, liquidated or unliquidated, fixed or contingent, direct or indirect, whether in contract, tort or otherwise, whether existing by virtue of any federal, state or local statute or regulation arising out of any Claims that IOWA CITY and/or KNUTSON ever had or have asserted or could assert against each other or its above-named representatives, known or unknown as of the date of the execution of this Agreement for, upon or by reason of any matter, fact or thing arising out of or in any way relating to the manufacture, construction, installation, connection and/or design of the architectural precast wall panels or the precast double tee beams. 7. With the exception of the design-build components of the Work completed by Knutson or any of its subcontractors, KNUTSON and IOWA CITY agree that KNUTSON is not responsible, in any way, for the design of the Work described in the Project Manual for Iowa { 00521140. DOC } Settlement Agreement and Mutual Release -Page 5 of 7 City Water Facility Improvements Double Tee Roof Beam FRP Repairs dated December 10th, 2007 ("the 2007 Project Manual") along with certain plans labeled S-1 to S-8, M-1 to M-2, G-1 and E-1 to E-8 (the "2007 Plans") that WJE prepared for IOWA CITY. The aforementioned consideration is accepted by IOWA CITY and KNUTSON in full and complete satisfaction of all alleged damages arising out of any disputes and claims asserted between the parties. It is expressly understood and agreed that the terms of this Agreement are contractual and not mere recitals, and that the agreements herein contained and the consideration transferred is to compromise doubtful and disputed claims, avoid litigation, and buy peace, and that no statement contained in this Agreement should be deemed to be an admission against interest by IOWA CITY or KNUTSON or a concession as to a claim or defense, nor shall any party be deemed of admitting any liability to any third party, which liability is expressly denied. 9. At the request of IOWA CITY, WJE prepared the 2007 Plans for purposes of obtaining bids for the Work and thereafter letting such Work. Because of this Settlement Agreement and Mutual Release, this bidding and letting process is unnecessary. The Parties hereto agree that the 2007 Plans are incorporated into this Settlement Agreement and Mutual Release to the extent they describe the Work to be performed, the obligations of the Parties and are otherwise consistent with this Settlement Agreement and Release. Knutson will perform the Work at no cost to Iowa City notwithstanding any terms or condition of the Project Manual relating to payment by Iowa City to Knutson. KNUTSON will provide all warranties for the Work described in Project Manual and those warranties shall continue and survive the release granted under this Agreement. These warranties are express exceptions to the release provided in this Agreement, and are incorporated into this Agreement as if fully set forth herein. 10: This Settlement Agreement and Mutual Release represents the entire understanding between the parties in connection with the subject matter hereof, and may not be altered or modified except by a writing duly signed by all parties affected by the alteration or modification. 11. This Settlement Agreement and Mutual Release shall be binding on and inure to the benefit of the successors and assigns of the respective parties. { 00521140.DOC } Settlement Agreement and Mutual Release -Page 6 of 7 12. The parties to this Settlement Agreement and Mutual Release are represented by counsel, and consulted counsel regarding the Settlement Agreement and Mutual Release before executing it. 13. This Agreement may be executed in several counterparts, each of which shall deem to be an original and which counterparts shall together contain the signatures of all of the parties hereto and shall constitute a single binding and complete Agreement. 14. The undersigned, by signing the Settlement Agreement and Mutual Release, state that they have, on behalf of their respective corporation, read the Settlement Agreement and Mutual Release, that the Agreement has been reviewed by legal counsel for their respective corporation, and that as their corporation's representative, they understand and fully agree to each and every provision in the Settlement Agreement and Mutual Release. 15. Any provision in this Agreement which is prohibited or unenforceable in any jurisdiction shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement, and any such prohibition or unenforceability in -any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 16. IOWA CITY and KNUTSON admit that this Agreement is entered into voluntarily and is governed by the laws of the State of Iowa. The parties further agree that the Agreement is specifically enforceable in Iowa Courts and the parties agree that the only suitable venue for any action to enforce said Agreement is the Courts of the State of Iowa. CITY OF A CITY, I WA By: of City of IOWA CI Y CONSTRUCTION,B'ERVICES MID EST, C. By: is Presi ent/ en al Man D in E. Knapp { 00521140.DOC } Settlement Agreement and Mutual Release -Page 7 of 7 DEFEATED 1/29/2008 Prepared by: Kim Sandberg, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY WATER FACILITY IMPROVEMENTS DOUBLE TEE ROOF BEAM FRP REPAIRS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, 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 above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, 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. 4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 10:30 a.m. on the 27th day of February, 2008. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 4th day of March, 2008, or at a special meeting called for that purpose. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK pweng\res\roof beam p&s.doc roved by Z. l ~ ~-~3 - 08 City Attorney's Office DEFEATED Resolution No. Page It was moved by adopted, and upon roll call there were: wpdata/glossarylresolution-ic. doc and seconded by AYES: NAYS: x x x X X x x 1/29/2008 ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be ~~~ I o Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 08-24 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST AMERICAN BANK, IOWA CITY, IOWA FOR PERSONAL BUSINESS PROPERTY LOCATED AT 136 SOUTH DUBUQUE STREET, IOWA CITY, IOWA WITHIN THE BUSINESS OF THE WEDGE DOWNTOWN, INC. WHEREAS, the City of Iowa City is the owner of the following described real estate: The Iowa City Public Library, commercial space of approximately 4,580 square feet, bearing the address of 136 S. Dubuque Street, Iowa City, IA, (hereinafter "premises") WHEREAS, the City of Iowa City will be executing a Lease Assignment and Amendment agreement with Capanna Coffee, Inc., and approving a sublet to The Wedge Downtown, Inc., for the premises; and WHEREAS, the City, under Iowa Code Section 570 would be entitled to a statutory lien against the personal business property contained in the premises in the event of a default by The Wedge Downtown, Inc.; and WHEREAS, First American Bank will be providing The Wedge Downtown, Inc. with a small business loan, including money for all the equipment which would be subject to the statutory lien, contingent upon the City subordinating our lien rights to theirs; and WHEREAS, First American Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of First American Bank; and WHEREAS, This agreement affects only the property held by The Wedge Downtown, Inc., and not the City's tenant, Capanna Coffee, Inc.; and WHEREAS, the City maintains its property interest in the premises, and can re-lease the premises in the event of a default; and WHEREAS, it is in the City's interest to see The Wedge Downtown, Inc. receive the loan and succeed as the City's subtenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City Farmers and Merchants Bank, Iowa City, Iowa. Passed and approved this 29th day of Tan~ary , 200 _ Resolution No Page. 2 ATTEST fice It was moved by Wrir~ht and seconded by rte,-,-p~ a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion ~_ Correia X Hayek ~- O'Donnell ~_ Wilburn ~ Wright 08-24 /lr LANDLORD'S WAIVER AND CONSENT TO ENTER PREMISES TO REMOVE COLLATERAL TO: First American Bank The Undersigned being the Owner and Landlord of the premises described as 136 S Dubuque Street Iowa City, IA 52244(the Premises), having leased such Premises to The Wedge Downtown, Inc. (Tenant), and having been advised by the Lender that Tenant has entered into a security agreement with Lender whereby Tenant has granted to Lender a security interest in: All business machinery, equipment, tools, furniture, furnishings, fixtures, inventory, accounts receivable, leasehold improvements, chattel paper, contract rights and general intangibles, now owned to be acquired, with loan proceeds, and hereafter acquired, including all additions, increases, accessions, proceeds, products, replacements and substitutions thereof, and proceeds of sale of collateral, all or part of which may be located upon or affixed to the Premises, agrees that the Collateral will remain person property, will not become part of the premises, as a fixture or otherwise, and Lender may enter the Premises at any time to remove the Collateral in the exercise of its rights and remedies arising from the security agreement. SUBORDINATION. Landlord hereby consents to Lender's security interest.(or other interest) in the Collateral and subordinates all interests, liens and claims which Landlord now has or may hereafter acquire in the Collateral to the security interest of Lender. Landlord agrees that any lien, security interest or claim it may now have or may hereafter have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement. ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender the right to enter upon the Premises for the purpose of removing Collateral from the Premises or conducting sales of the Collateral on the Fremises. The rights granted to Lender in this Agreement will continue until a reasonable time after Lender receives notice in writing from Landlord that Borrower is no longer in lawful possession of the Premises. If Lender enters onto the Premises and removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the Premises are damaged, without repairing any such damage. MISCELLANEOUS PROVISIONS. This Agreement shall extend to and bind the respective heirs, personal representative, successors and assigns of the parties to this Agreement. The covenants of Borrower and Landlord respecting subordination of the claim or claims of Landlord in favor of Lender shall intend to, include, and be enforceable by any transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement shall apply. Lender need not accept this Agreement in writing or otherwise to made it effective. This Agreement shall be governed by and construed in accordance with the Laws of the State of Iowa. If Landlord is other than an individual, any agent or other person executing this Agreement on behalf of landlord represents and warrants to Lender that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender. Without notice to landlord and without affecting the validity of this Consent, Lender may do or not do anything it deems appropriate or necessary with respect to the Loan, any obligor on the Loan, or any Collateral for the Loan; including without limitation extending, renewing, rearranging, or accelerating any of the Loan indebtedness. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of the Agreement shall not constitute a waiver or prejudice Lender's right otherwise to demand strict compliance with that provision or any other provision. Whenever consent by Lender is required in the Agreement, the granting of such consent by Lender in any one instance shall not constitute continuing consent to subsequent instances where such consent is required. IN WITNESS WHEREOF, the Undersigned, intending to be legally bound hereby, has executed this Waiver and Consent to Enter Premises the 7 9th _ day of January , 200$ LANDLORD: CITY OF IOWA CITY By: is D. Bailey, M SUBLA LORD: Mike McCain d/b/a Capanna Coffee & Gelato ~ '~ A '~~ r Mlc~ - 9- Prepared by: Eric R. Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 11 RESOLUTION NO. 08-25 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT CONSENTING TO THE ASSIGNMENT OF THE LEASE OF GROUND FLOOR COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING FROM LEADING EDGE ENTERPRISES, L.L.C., D/B/A NEW YORK NY DELI, TO CAPANNA COFFEE, INC., AND AMENDING THE LEASE TO ADD 210 ADDITIONAL SQUARE FEET TO THE LEASE, AND ASSIGNING RENTAL RATES FOR OPTION PERIODS. WHEREAS, the Iowa City Public Library Building contains commercial space currently leased to Leading Edge Enterprises, L.L.C., doing business as New York, NY Deli; and WHEREAS, Leading Edge Enterprises, L.L.C. is closing New York, NY Deli, and wishes to assign the lease to their present subtenant, Capanna Coffee, Inc.; and WHEREAS, Capanna Coffee, Inc. wishes to take over the lease for the space, and sublet a portion of the space to The Wedge Downtown, Inc., d//b/a The Wedge Pizzeria; and WHEREAS, Capanna Coffee, Inc. wishes to have an additional 210 square feet added to the lease for use as storage space by Capanna Coffee, Inc. or The Wedge Downtown, Inc.; and WHEREAS, Capanna Coffee, Inc. and the library wish to establish rental rates for the option periods; and WHEREAS, the Library Director has negotiated a lease Assignment and Amendment Agreement with Leading Edge Enterprises, L.L.C. d/b/a New York NY Deli and Capanna Coffee, Inc., which keeps the commercial space filled without interruption, and recovers past due payments from Leading Edge Enterprises, Inc. as part of the closing; and WHEREAS, this approval should be made contingent on payment to the City of Iowa City of all payments due the City from Leading Edge Enterprises; and WHEREAS, it is in the public interest to assign and amend said lease for the commercial space as provided therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon payment of all funds due, and the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute the Lease Assignment and Amendment attached hereto. 2. The City Manager remains authorized to execute any subsequent renewal options, as provided in the original Lease. Passed and approved this 29th day of ATTEST: Z,' ~~ 1iS,-°L~"~ CI LERK ~~?~a- City Attorney's Office Resolution No. 08-25 Page 2 It was moved by chamQion and seconded by ('orre; a the Resolution be adopted, and upon roll call there were: AYES: NAYS: ~- x x X .~_ X ~- ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossary/resolution-ic.doc ~1~ LEASE ASSIGNMENT AND AMENDMENT ASSIGNING THE PRIOR LEASE BETWEEN THE CITY OF IOWA CITY AND LEADING EDGE ENTERPRISES, L.L.C., D/B/ANEW YORK NY DELI TO CAPANNA COFFEE COMPANYi INC., AND AMENDING THE LEASE TO INCLUDE AN ADDITIONAL 210 SQUARE FEET „ „ This Lease Assignment and Amendment Agreement (Assignment) is made by and between the City of Iowa City ("City" or "Landlord"} and Leading Edge Enterprises, L.L.C., d/b/a New York NY Deli ("NY Deli") and Capanna Coffee Company, Inc. ("Capanna"), all in Iowa Gity, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library, and has the authority to lease said premises. B. Leading Edge Enterprises, L.L.C., d/bJa New York NY Deli, is the current tenant of the premises described below, but now wishes to assign their rights to the lease to Capanna. Capanna wishes to accept assignment of the lease, and add an additional 210 square feet of space, at the contract rent of $15.00 per square foot per year, paid monthly as additional rent of $262.50 per month. Said assignment requires Nye written consent of the City, which is offered herein subject to the terms described herein. Inconsideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord, NY Deli, and Capanna hereby agree as follows: AGREEMENT 1. DATE. Effective February 1, 2008, the lease, attached as Exhibit "A" hereto, and incorporated into this agreement by this reference, shall be assigned to Capanna; under the same terms except as amended herein. 2. PREMISES. The space described in Exhibit A shall be amended to add 210 square feet, as described in the architectural drawings attached as Exhibit "B" and incorporated into this agreement by this reference. 3. RENT. Rent shall be amended from Exhibit A to account for the additional space being rented, as described in Exhibit B, by adding $262.50 per month in rent, making the new monthly rent payment $5,725.00 per month. NY Deli's previously provided deposit shall be credited against the sum owed to the City. Capanna receives the tease from free from all encumbrances and debt owed from NY Deli. Capanna shall pay a deposit far damage or default in the amount of one month's base rent upon the execution of this Assignment. Said deposit may not be offered by Tenant in lieu of regular monthly rent payments. All other rental terms remain the same. 3a. SUBLETTING: Capanna is permitted to sublet certain space, as determined by Capanna, of the premises #o Steve Harding d/bla The Wedge Pizza. 3b. RENEWAL. to the event Tenant exercises any renews! option hereunder, the monthly rent for said renewal period shalt be increased by the percentage incxease, i€ any, with a 1096 cap, in the U.S. Bureau of Labor Statistics, Revised Consumer Price index for a!1 Urtian Consumers-U.S. City Average- CPI-U [1982-84=100 between the first month of the previous #erm of the lease and the last month of the previous term of the lease for whits CPt information is published. Such adjusted monthly rental amount shall be paid to the Landlord on the first day of each month throughout the succeeding renewal period under this lease. If such Index referred to above shall be discontinued, then any successor Consumer Price Index of the United States Bureau of Labor Statistics, or successor agency thereto, shall be used, and if there is no successor Consumer Price Index, the parties hereto shall mutually agree on a substitute Index or formula. 4. UTtLIT1ES. In the event any additional appliances fueled by natural gas are installed in the premises, Tenant shall be responsible for any costs of installation, including gas lines and venting, and will separately meter and pay for any gas consumed by such device. If an electric pizza oven is installed, it too shall be separately metered and the energy consumed by it will be paid for separately by tenant. 5. FIT-0UT. Tenant shall be responsible for all additional fd-out required as a result of this assignment. 6. NOTICES. Notices, statements and other communications to tie given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Copies to: If to Tenant: Library Director Iowa City Attorney Capanna Coffee Co., Inc. 123 S. Linn St. 410 E. Washington St. d/b/a Capanna Coffee Iowa City, IA 52240 Iowa City, IA 52240 165 1/2 Juniper Ct. North Liberty, IA, 52317 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: CITY OF IOWA CITY Assignee: CAPANNA COFFEE COMPANY, INC. dlb/a Capanna Coffee c i~ a r M ke McCa' owner ~ ~!' ~. ~ ~ Assignor A est: / LEADING EDGE ENTERPRISES, L.L.C. ,.-/ d/b/a Newer Cit ~ lerk t ~' eve Miller, ner ~~ ~ ~e r ~N Mark Loughr ;'i;o-owner 2 CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY } On this a9 ~ day of J , 2008, before me, the undersigned, a notary public in and for the State of Iowa, pe Wally appeared Regina D. Bailey and Marian K. Karr, to me personally known, who being by me duty sworn, did say that they are the Mayor and City Clerk, respectively, of said muniapal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that- said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers adcnawledged that the execution of said instrument to be the voluntary ad and deed of said corporation, by it and by them voiuntari!}r execx~ted. J~~m SONDRAEFORT Commission Number 159791 S~na~,. ~~ • ow Mac ~ mission Expires Notary Public in and for the State of Iowa MIKE MCCAIN D/BIA CAPANNA COFFEE COMPANY, INC. STATE OF IOWA ) ss: JOHNSON COUNTY ) On this a 1 ~ day of T a _ .2008, before me, the urxiersigned, a Notary Public in and for the State of Iowa, pe orally appeared Mike McCain, to me personalty known, who being by me duly sworn, did identify himself as owner of Capanna Coffee Company, Inc., d/b/a Capanna Coffee, and acknowledge the exetnrtion of the instrument to be his awn voluntary act and deed. SartoL~e~_ ~~ Notary Public in and for the State of .Iowa pp S~'"~s SONDRAE FORT A roved: _ ~ Commission Number 159791 My Commission Expires ow ~ 1 City Attorney EriGLibraryMew York NY De18 Lease Assignment and Amendment - 2 3 Prepared by: Eric R. Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTH IZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEM T ASSIGNING THE LEASE OF GROUND FLOOR COMMERCIAL SPACE I THE IOWA CITY PUBLIC LIBRARY BUI DING FROM LEADING EDGE EN RPRISES, L.L.C., D/B/A NEW YORK DELI, TO CAPANNA COFFEE, IN :,, AND AMENDING THE LEASE T ADD 210 ADDITIONAL SQUARE FEET Tb~THE LEASE. WHEREAS, the Iowa City Public Library Building contains commerci space currently leased to Leading Edge Enterprises, L.L.C., doing busines's as New York, NY li; and WHEREAS, Leading Edge Enterprises, L.L.C. is closing New Yo , NY Deli, and wishes to assign the lease to their present subtenant, Capanna Coffee,`-Inc.; and WHEREAS, Capanna Coffee, Inc. wishes to take overt lease for the space, and sublet a portion of the space to The Wedge Downtown, Inc., d//b/a he Wedge Pizzeria; and WHEREAS, Capanna Coffee, Inc. wishes to have additional 210 square feet added to the lease for use as storage space by Capanna Coffee, c. or The Wedge Downtown, Inc.; and WHEREAS, the Library Director has negotiate a lease Assignmenf,and Amendment Agreement with Leading Edge Enterprises, L.L.C. d/b/a ew York NY Deli and Capanna Coffee, Inc., which keeps the commercial space filled withoi interruption, and recovers past due payments from Leading Edge Enterprises, Inc. as part oftlie closing; and WHEREAS, this approval should b~made contingent on payment to the City, of Iowa City of all payments due the City from Leadi Edge Enterprises; and WHEREAS, it is in the public ' terest to assign and amend said lease for the commercial space as provided therein. , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Upon payment of all funds due, and the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute the Lease Assignment and Amendment attached hereto. 2. The City Manager remains authorized to execute any subsequent renewal options, as provided in the original Lease. Passed and approved this day of , 20 Resolution No. Page 2 ATTEST: CITY CLERK MAYOR Appro ed by ~~~ City Attorney's Office It was moved by ~. and seconded by adopted, and upon roll call there were: ''. AYES: NAYS: ABSENT: Bailey `~ Champior Correiar/ Hay O'p`onnell 1A%ilburn / Wright the Resolution be EricJLibrary/NYDeliAresolution approving Lease Assignment.doc LEASE ASSIGNMENT AND AMENDMENT ASSIGNING THE PRIOR LEASE BETWEEN THE CITY OF IOWA CITY AND LEADING EDGE ENTERPRISES L.L.C. D/B/A NEW YORK NY DELI TO CAPANNA COFFEE COMPANY INC. AND AMENDING THE LEASE TO INCLUDE AN ADDITIONAL 210 SQUARE FEET This Lease Assignment and Amendment Agreement ("Assignment") is made by and between the City of Iowa City ("City" or "Landlord") and Leading Edge Enterprises, L.L.C., d/b/a New York NY Deli ("NY Deli") and Capanna Coffee Company, Inc. ("Capanna"), all in to a City, Iowa. RECITALS A. The City of wa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of low City, State of Iowa, commonly known,~s the Iowa City Public Library, and has the authority to lease said p mises. ;% B. Leading Edge Enter ises, L.L.C., d/b/a New Y~rk NY Deli, is the current tenant of the premises described below, but no wishes to assign their,;yrights to the lease to Capanna. Capanna wishes to accept assignment of th lease, and add an additional 210 square feet of space, at the contract rent of $15.00 per square foo er year, paid mor5thly as additional rent of $262.50 per month. Said assignment requires the written co ent of the Ci#,y, which is offered herein subject to the terms described herein. In consideration of the foregoing and the mutua'I~ valuable consideration, the receipt and sufficien Landlord, NY Deli, and Capanna hereby agree as ants hereinafter contained, and for other good and which are hereby acknowledged by the parties, 1. DATE. Effective January 16th, the I ase, attach as Exhibit "A" hereto, and incorporated into this agreement by this reference, shall be ssigned to C anna, under the same terms except as amended herein. 2. PREMISES. The space descri ed in Exhibit A shall be'\,amended to add 210 square feet, as described in the architectural drawings ached as Exhibit "B" and ~ corporated into this agreement by this reference. `~~, 3. RENT. Rent shall be am nded from Exhibit A to account far the additional space being rented, as described in Exhibit B, b adding $262.50 per month in rent, raking the new monthly rent payment $5,725.00 per month. NY eli's previously provided deposit shall b~ credited against the sum owed to the City. Capanna receiv s the lease from free from all encumbrances~.,and debt owed from NY Deli. Capanna shall pay a depo t for damage or default in the amount of one month's base rent upon the execution of this Assignmen . Said deposit may not be offered by Tenant in lieu of regular monthly rent payments. All other rental rms remain the same. 3a. SUBLETTING: G~apanna is permitted to sublet certain space, as determined by Capanna, of the premises to Steve Harding d/b/a The Wedge Pizza. 4. UTILITIES. In the event any additional appliances fueled by natural gas are installed in the premises, Tenant shall be responsible for any costs of installation, including gas lines and venting, and will separately meter and pay for any gas consumed by such device. If an electric pizza oven is installed, it too shall be separately metered and the energy consumed by it will be paid for separately by tenant. 5. FIT-OUT. Tenant shall be responsible for all additional fit-out required as a result of this assignment. 6. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Copies to: If to Tenant: Library Director Iowa City Attorney Capanna Coffee Co., Inc. 123 S. Linn St. 410 E. Washington St. d/b/a Capanna Coffee Iowa City, IA 52240 Iowa City, IA 52240 165 1/2 Juniper Ct. North Liberty, IA, 52317 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. ~ IN WITNESS WHER F, the parties hereto have executed t is Instrument to be effective as of the day and year first above 'tten. Landlord: CITY OF IOWA CITY Mayor Attest: City Clerk Tenant: CAPANNA COF E COMPANY, INC. b/a Capanna offee t~`. / Mike M~C~,in, owner 2 CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of , 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regina D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal c oration by authority of its City Council; and that the Said Mayor and City Clerk as such officers acknowled d that the execution of said instrument to be the,~'voluntary act and deed of said corporation, by it and by th voluntarily executed. ,f Notary Public in aid for the State of Iowa MIKE MCCAIN D/B/A CAPANNA COFFEE COMP, STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of Public in and for the State of Iowa, personally by me duly sworn, did identify himself as owrn and acknowledge the execution of the instr~i Approved: City Attorney INC. a eared Mike Mc~ of Capanna Coffee ent to be his own volu before me, the undersigned, a Notary in, to me personally known, who being ~mpany, Inc., d/b/a Capanna Coffee, i rv act and deed. ry Public in and for the State of Eric/Library/New York NY Deli/ Lease Assignment and Amendment - 2 3 I~~ NOTICE TO BIDDERS STATE OF IOWA -Sealed bids will be received on January 16th, 2008 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for atwo-hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks, money orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5). Failure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: • Posted on the Internet at www.bidx.com • Available in the Iowa Department of Transportation's "Weekly Letting Report" • Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239-1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid System. All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87-581 and Implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no Federal Funds involved. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515-239-1414 Bid Order: 103 DBE Goal: 5.0% Work Type: PCC RECREATIONAL TRAIL PAVEMENT Guarantee: 5 TO 10% Project(s): JOHNSON - STP-E-3715(635)-8V-52 Route: COURT HILL TRAIL 12 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO 08-26 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE COURT HILL TRAIL PROJECT STP-E-3715(635)8V--52. WHEREAS, Peterson Contractors, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $446,441.13 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Peterson Contractors, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 29th day of ATTEST: _ CIT LERK 20~_. ~31~ It was moved by Wilburn and seconded by xavek the Resolution be adopted, and upon roll call there were: AYES: x ~_ x x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pwengVes/courtihill-awrdcon. doc 1108 City Attorney's Office