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HomeMy WebLinkAbout1982-11-09 Resolutionr RESOLUTION NO. 82-266 RESOLUTION APPROVING FY '84, '85, '86, '87, '88 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1983, TO JUNE 30, 1988. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1983, to June 30, 1988, be approved. It was moved by Perret and seconded by Dickson that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl _ x Lynch x McDonald x Neuhauser x Perret Passed and approved this 9th day of November 1982 MAYOR i ATTEST: CITY CLERK by 1;10 Lc;yal Deparmc.nP it 1453 MICROFILMED BY I -JORM MICR#LAB _ lCEDAR RAPIDS DES MOINES I . -4 I� Y ~City of Iowa Cit; MEMORANDUM Date: October 28, 1982 To: City Council and Neal Berlin From: Frank Farmer, City Engineers Re: Road Use Tax Funds The Iowa Code requires that cities receiving allotments of Road Use Tax funds submit to the Iowa Department of Transportation for review, a five year program of proposed street construction and reconstruction for its total system streets. This report must be submitted by December 1 of each year, or road use funds will be lost. The report submitted to the Iowa Department of Transportation in no way binds the Council to these projects or timing and modifications can be made. Council needs to pass a resolution approving the attached street construction program and authorize the Mayor and City Clerk to sign. To meet the December 1 deadline it is intended that this item would be on the November 9, 1982 Council agenda. tp4/5 I/ MICROFILMED BY JORM MICR#LA6 I) CEDAR RAPIDS DES MOINES C 11 Iowa enpanman, of rrenepontlbn Fo,. 2M)I ble OFFICIAL STREET CONSTRUCTION PROGRAM FOR ❑ CITIES • Pop. 1,000.4,999 (one-year) © CITIES - Pop. 5,000 & over (five-year comprehensive) CITY Iowa City COUNTY Johnson FROM JULY 1, —1 _903 1101 JUNE 30, 1938 Abbie Stolfus city clerk of the City of Iowa City, Iowa _ do hereby certify that the city council has by resolution approved this of llcial report as Its llscal July 1, LHL to June 30, 1988 XAY YIN/five-year comprehensive Stroel Construc. i /11 tion Program this Month Day _1_ Year City Clerk Abbie Stol fus—_____-�_(��, «-- -l�="L Malling Address 410 E. Washington Street; Iowa City, Iowa 52240_____ _ Daytime Phone No. (319) 356-5041 _hours Available g:00 a.m. - 5:00_p, m_ (A,.. cuaat - Mary Neuhauser __� 1 -(I_k's Mayor MEMBERS OF THECOUNCIL Mary Neuhauser John Balmer- Clemens almerClemens Erdahl Larry Lynch David Perret John McDonald Kate Dickson CIIIes-Pop. 5,000 & over shall file, on or before December 1 0l each year, Iwo copies of this report with the Iowa Department of Transportation. Cities -Pop. 1,0004,999 shall Ille, on or before December 31 of each year, Iwo topics of this report with the Iowa Department of Transportation, DISTRIBUTION ^19 002.ol TRI,,mlamn m.: vn:nw. rnr CI,". r1^4 pi. 1..0 i:nnq.o.ininn nnnrm. 1883 MICROrILMED BY JORM MIC R4yLAB 1 ,� F I CEDAR RAPIDS •DES td014ES 1 r rrF '♦ FORM 1200023SO STATE r TYPE OF CONSTRUCTION FUNCTIONAL 1. RIGHT OF WAY .;LASSIFICATION 3. GRADE AND DRAIN 04 ARTERIAL EXTENSION 3. PAVE 05 ARTERIAL CONNECTOR EXTENSION A. RECONSTRUCTION 06 TRUNKt E%T. OF 5. PAVEMENT WIDENING 0) TRUNK `RURAL 6. RESURFACING COLLECTOR SYSTEMS ). SHOULDER WIDENING 10 MUNICIPAL ARTERIAL B. SURFACE RESTORATION SYSTEMS 9. BRIDGE OR CULVERT ONLY II MUNICIPAL COLLECTOR 10. INTERSECTION LIGHTING SYSTEMS 11. STREET LIGHTING 12 MUNICIPAL SERVICE 12. MISCELLANEOUS SYSTEMS STREET CONSTRUCTION PROGRAM For July 1, 19 83 To June 30, 19 88 Pap. 1,000 • 4,999 01 year program Pop. 5,000 & over M 5 year program R.U.T. 4 SHEET 1 OF 2 CITY Iowa City COUNTY Johnson Distribution: White. 0111ce of Trans. Inv.; Yellow . City COPY: Pink. District Planner P � bI 1CROFILVIED BY I 1 JORM MIC R(LAEi ? CEDAR RAPIDS DES HOI4E5 I ! y' (, I --_i PROJECT LIMITS STATE PROJECT TOTAL ESTIMATED FIV PROD. STREET FUNC, EXISTING TYPE OF LENGTH COST NO. NAME FROM TO CLASS. SURFACE CONSTR. (MILES) (DOLLARS) 84 1 Dubuque Street Park Road Iowa Avenue 10 Asphalt 4 0.70 500,000 84 88 2 Asphalt Resurfac p (miscellaneous locations) 10,11,12 Asphalt or P.C.C. 6 unknown 5@ 300,000 1,500,000 84- 88 3 Street and (miscellaneous locations) 10,11,12 Asphalt or P.C.C. 4 unknown 5@ 100,000 500,000 Curb Repair 84 4 R.R. Crossing Improvements (miscellaneous locations) 10,11,12 Asphalt 12 N/A (City share) 60,000 84 5 Alley, Blk. 6 Between Johnson and VanBuren 12 Gravel 2,3 .15 60,000 Lyon's 2nd Add. from Bowery North then East to Johnson 84 6 Wolf Avenue Bridge over Highway 218 & 6 12 Asphalt 9 N/A 20,000 (painting steel) 84 7 Sealing various bridge decks tO,11,12 P.C.C. 9 N/A 80,000 `- 85 8 Clinton Street Washington Street Iowa Avenue 11 Asphalt 8 .10 130,000 5 9 Linn Street Burlington Street Washington Street 11 Asphalt 4 .10 270,000 85 10 First Avenue Culvert across North Branch 12 9 Culvert Ralston Cree none N / A 210,000 5 11 Scott Blvd. Court Street Lower West Branch 10 non-existinj 11 0.6 570,000 Road Distribution: White. 0111ce of Trans. Inv.; Yellow . City COPY: Pink. District Planner P � bI 1CROFILVIED BY I 1 JORM MIC R(LAEi ? CEDAR RAPIDS DES HOI4E5 I ! y' (, I --_i r FORM 2200020E0 , STATE TYPE OF CONSTRUCTION FUNCTIONAL 1. RIGHT of WAY JLASSIFICATION 2. GRADE AND DRAIN Oa ARTERIAL EXTENSION O. PAVE 05 ARTERIAL CONNECTOR EXTENSION a. RECONSTRUCTION Da TRUNK EXT. OF 5. PAVEMENT WIDENING 02 TRUNK CRURAL 6. RESURFACING COLLECTOR SYSTEMS 2. SHOULDER WIDENING 10 MUNICIPAL ARTERIAL 6. SURFACE RESTORATION SYSTEMS 9. BRIDGE OR CULVERT ONLY 11 MUNICIPAL COLLECTOR 10. INTERSECTION LIGHTING SYSTEMS 11. STREET LIGHTING 12 MUNICIPAL SERVICE 12, MISCELLANEOUS SYSTEMS i STREET CONSTRUCTION PROGRAM For July 1, 19 83 To June 30, 19-B8— Pop. 9 B8 Pop. 1,000.4,999 O 1 year program �5P p. 5,000 8 over year program R.U.T. 4 SHEET 2 OF 2 CITY Iowa. City COUNTY Johnson FIY PROD. NO. STREET NAME PROJECT LIMITS STATE FDNC. CLASS. EXISTING SURFACE TYPE OF CONSTR. PROJECT LENGTH (MILES) TOTAL - ESTIMATED COST (DOLLARS) FROM TO 86 12 Iowa Avenue Bridge at Iowa River 10 P.C.C. 9 0,10 1,460,000 _ 86 13 Scott Blvd. Lower West Branch Road Rochester Avenue 10 Gravel 1,2,3 0.35 360,000 87 14 Burlington St. Bridge at Iowa River 10 P.C.C. 9 0.10 1,600,000 87 15 Melrose Avenue West line of West High School Freeway 518 Improvement 10 Asphalt 1,2,3 0.52 600,000 88 16 Benton Street Bridge at Io abutment & a River deck repair) 10 Asphalt 9 0.10 240,000 88 17 Dodge Street Bridge at Rock deck r Island Lines air 10 P.C.C. 9 0.10 140,000 eminouoon. WNia OIOCa OI Tran, In,., Yalta* City Copy, PIM. Dislnci Planner I' C micRorlUIED BY ' JORM MICR/LAB CEDAR RAPIDS •DES Id014ES I 7 � a ^i J r Li fr LCM Iowa Department of Transportation m % ,-' 701.229 To: City Clerk From: Patrick R. Cain, Director Office of Transportation Inventory Subject: Street Construction Program, Road Use Tax Fund for acknowledge receivin the City's Stree nstruction Program for the period July 1, 3 to June 30, i, as required by Section 312.12 of the CCodee of Iowa. PRC/WD/tlr cc: Transportation Planners 141CROFILMED DY 1 -JORM MICR#LAB- I � CCDAR RAPIDS DES MOIRES i ' I A� 'zet' //Al L J� RESOLUTION NO. 82-268 RESOLUTION SETTING PUBLIC HEARING TO CONSIDER WHETHER THE CITY SHOULD SUSPEND OR REVOKE THE CLASS C LIQUOR LICENSE ISSUED TO CHRISTOPHER S. WILKE, D/B/A WILKE'S, 122 WRIGHT STREET, IOWA CITY. IOWA. WHEREAS, Christopher S. Wilke, d/b/a/ Wilke's, 122 Wright Street, Iowa City, Iowa, currently holds a Class C Liquor License, No. 13010, and WHEREAS, on November 6, 1982, local and federal law enforcement officers obtained evidence at Wilke's, 122 Wright Street, Iowa City, Iowa, that an illegal gambling operation was being conducted on said premises, and WHEREAS, Section 123.49(2), Code of Iowa, provides, in pertinent part, that "No person or club holding a liquor control license or retail beer permit under this chapter, nor his agents or employees, shall do any of the following: a. Knowingly permit any gambling, except in accordance with Chapter 99B, or knowingly permit solicitiation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit. j. Knowingly permit or engage in any criminal activity on the premises covered by the license or permit," and WHEREAS, Section 123.39(2), Code of Iowa, provides that "Any liquor control license or beer permit issued under this chapter may, after notice in writing to the license or permit holder and reasonable opportunity for hearing, and subject to section 123.50 where applicable, be suspended for a period not to exceed one year or revoked by the local authority or the director for any of the following causes: 2. Violations of any of the provisions of this chapter." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City Attorney is hereby directed to file in the City Clerk's office an administrative hearing complaint pursuant to IAC 9/3/b0, Beer and Liquor (150), Chapter 10. 2. That a public hearing will be held before the City Council of the City of Iowa City, Iowa, at the Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 p.m. on the 7th day of December, 1982, to consider whether the City Council should suspend or revoke the Class C Liquor License, No. 13010, held by Christopher S. Wilke, d/b/a Wilke's, 122 Wright Street, Iowa City, Iowa. 1914 iucurILMED BY -J i JORM MICR(ILAB- L� 1 CEDAR RAPIDS • DES MOINES I r, L r 3. That the City Clerk is hereby authorized and directed to publish notice of said public hearing in a newspaper published at least once weekly and having general circulation in the city, not less than four (4) nor more than twenty (20) days before said heraing. 4. That the office of the City Attorney shall provide Christopher S. Wilke, d/b/a Wilke's, 122 Wright Street, Iowa City, Iowa, with reasonable written notice of said hearing. It was moved by Perret and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x Erdahl x Lynch xx x McDonald x Neuhauser x Perret Passed and approved this 9th day of November , 1982. MAYOR ATTEST: ITY CLERK I� Roeelvod A Appravod By The Legal Dopalimeht 1 ?16 MICROFILMED BY "JORM MICROLAB 1� 1 CEDAR RAPIDS DES MOINES y. J_� RESOLUTION NO. 82-269 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NNW, INC. FOR ENGINEERING SERVICES FOR THE CAMP CARDINAL ROAD BRIDGE REPLACEMENT PROJECT. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with NNW, Inc. 'a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with NNW, Inc. for Engineering Services for Camp Cardinal Road Bridge Replacement Project NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with NNW, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by McDonald that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson x _ Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 9th day of November I-' �Su ATTEST: i �J CITY CLERK i NICRor ILMED BY JORM MICR6LAB CEDAR RAPIDS • DES MOINES. i d W. • • AGREEMENT This Agreement, made and entered into this i day of 19 K., by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and NNW, Inc., of Iowa City, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment of, refuse to hire any individual because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. I. SCOPE OF PROFESSIONAL SERVICES The scope of this project is preparation of engineering documents in accordance with the existing requirements of the Iowa Department of Transportation for bridge replacement project: Johnson County BROS-52IC (1)-8J-52 Iowa City The documents will provide for a new standard 3 -span pre -stressed concrete beam bridge with such incidental grading and approach work as required to maintain an acceptable road alignment. The services are divided into four categories as follows: A. Preliminary and Concept Phase B. Design Phase C. Construction Phase 197 J D. Special Services A. Preliminary & Concept Phase These services are intended to bring the project through approval of the City, Iowa Natural Resources Council, preliminary bridge approval at the Iowa Department of Transportation, and FHWA approval. The services shall include: 1. Survey work necessary to establish the Camp Cardinal Road Right -of - Way, prepare a topographic map, and locate all existing and proposed structures and utilities; 2. Obtain approval of Type, Size and Location plan and related informa- tion submitted to Iowa Department of Transportation; 3. Form 1-F Field Notes for Bridges submitted to Iowa Department of Transportation; 4. Obtain approval of type, size and location plan and hydraulic computa- tions from the Iowa Natural Resources Council; 5. Provide for future utility requirements; G. Complete the Concept Statement and "Wet Lands and Floodplain" addendum to the Concept Statement; MICROFILMED BY JORM MICRbLA9 ? CEDAR RAPIDS •DES MOINES i I � I 197 J a- 2 7. Provide information required by the Iowa Department of Transportation to perform the "Cultural Resource Survey"; 8. Meet with staff and elected officials to provide information for policy determination and public hearing requirements as required; 9. Participation in meetings and contracts with various approving and regulatory agencies, utility companies, City of Coralville, and other affected governmental and/or private entities. 10. Soil investigation, including test borings, related analysis and recommendations as required to ensure adequate design. B. Design Phase These services are intended to bring the project to the point where a construction contract may be awarded. The services shall include: 1. Preparation of detailed contract drawings; 2. Preparation of specifications and contract documents. The contract documents shall meet all requirements of the IDOT and the City. 3. Furnishing the City with two (2) copies of the specifications and contract drawings for a final review prior to submission to the IDOT; 4. Preparation of a final estimate of anticipated construction cost upon final approval by the City and IDOT of the final design, plans, and specifications; 5. Conducting periodic meetings with the City Engineer to review design plans and specifications; C. Construction Phase the Consultant shall advise the City during construction relative to this project, and shall provide the following: 1. Checking detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design; 2. Review laboratory reports, materials and equipment; 3. The Consultant and the City shall discuss interpretations of the requirements of the construction Contract Documents. 4. Make a final inspection report to the City upon completion of the project; 5. Assist in the resolution of unanticipated field problems which may involve more than nominal deviation from the project documents. D. Special Services Upon request the Consultant agrees to furnish the following additional special services. Such special services include, but are not necessarily limited to, the following: I. Make pe dndic visits to the site to observe as an experienced and qualifieu - sign professional the progress and quality of the executed wu:; . -d to determine in general if the work is proceeding in accordance wt h he Contract Documents; he shall not be responsible for the means, rethods, techniques, sequences or procedures of construction seleCLod by contractor(s) or the safety precautions and programs incident to the work of Contractor(s). His efforts shall be directed toward providing assurance for City that the completed project conforms to the Contract Documents. During such visits and on the basis of his on-site observations he shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of Cuntractor(s) and shall recommend disapproval or rejection of work failing to conform to the contract documents. Such site visits are not intended to substitute for technical observations by an on-site resident inspector employed by the City. MICR0E1LnED BY DORM MIC ROLV 1 l r � CEDAR RAPIDS D[S tI01AES i 3 2. Services associated with right-of-way acquisition which may include land surveys, title and easement searches and descriptions of boundaries and monuments; and plat preparation; 3. Assistance as an expert advisory and/or witness in litigation arising from the development or construction of the project. II. TIME OF COMPLETION The consultant shall complete the phase of the project within the times listed below: Preliminary & Concept Phase - 45 days after signing of this contract. Design Phase - 60 days after receiving approvals of Type, Size and Location from the City, Iowa Department of Transportation and Iowa Natural Resources Council. Construction Phase - Punctual response to requests. III. GENERAL TERMS A. Should the City terminate the contract, said Consultant shall be paid on the basis of the schedule of hourly fees and charges for professional services as herein attached as Exhibit A, and by this reference made a part hereof, for all work and services performed up to the time of termination. However, such sums shall not exceed the "not to exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) days written notice, to the other party. If the City and Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedure of the American Arbitration Association. B. This agreement shall be binding upon the successors and the assigns of the parties hereto, provided, however, that no assignment shall be made without the written consent of all parties to said agreement. C. Consultant agrees to indemnify and hold harmless the City of Iowa City, its officers, employees, and agents against any liability or claim of damages arising out of the negligent acts, errors or omissions of the Consultant, his employees, or agents. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of said project shall be exclusive but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Consultant shall be allowed compensation for such services and reimbursable expenses on a basis of a 1.00 multiplier times the amount billed. E. It is agreed by the City that all records and files pertaining to informa- tion needed for said project shall be made available by said City upon reasonable request of the Consultant. The City agrees to furnish all reasoable assistance in the use of these records and files. F. It is further agreed that no party to this agreement will perform contrary to any state, federal or county law or any of the ordinances of the City of Iowa City, Iowa. G. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract and as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. H. The Consultant agrees to furnish, upon termination of this agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this agreement without cost, without restriction or limitation as to the use relative to specific projects covered under this agreement. The Consultant shall not be liable for use of such documents on other projects. I. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. )917 MICROFILMED BY JORM MIC ROLAB ( CEDAR RAPIDS DES !4O1HE5 f i i it 4 J. The City agrees to tender to the Consultant all fees and money in accordance with the schedules attached as Exhibit A except that failure by the Consultant to satisfactorily perform in accordance with this agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this agreement. r K. Should any section of this agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. t L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for their filing use. M. Direct personnel expenses for the purpose of this contract shall be defined as hourly wage plus retirement and fringe benefits. Consultants shall, upon demand, furnish receipts therefore or certified copies thereof. N. Records of the Consultant's direct personal expense, Consultant expense, and reimbursable expenses pertinent to the project, and records of account between the City and the Consultant shall be kept on a generally recognized basis and shall be available to the City or its authorized representative at mutually convenient times. 0. Reimbursable expenses include actual expenditures made by the Consultant, i his employees, or his consultants in the interest of the project for the following incidental expenses listed: 1. Expense of transportation and living when travelling in connection with the project, for long distance calls and telegrams, and for extraordinary work required by the Owner. 2. Expense of reproduction, postage, and handling of drawings and specifications, excluding copies for Consultant's office use. 3. Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for special consultants employed with the City's approval for services other than those defined in this contract. P. The Consultant shall assist and be present for any preparation of letting or analysis of contract dealing with said project. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: A. Preliminary & Concept Phase - The Consultant shall be paid a fee based upon the standard billing rates attached, but not to exceed $9,850.00. B. Design Phase - The Consultant shall be paid a fee based upon the standard billing rates attached, but not to exceed $9,000.00. C. Construction Phase - The Consultant shall be paid a fee based upon the standard billing rates attached, but not to exceed $1,200.00. D. Special Services - The total fee for each requested duty shall be established before the beginning of that task and shall be compensated based upon the standard billing rates attached. the billing rate schedule attached shall be designated Exhibit A. The City agrees to reimburse the Consultant for outside expense at cost. The Consultant shall furnish receipts of all outside expenses upon request. All fees shall be billed and due payable monthly. With each billing the Consultant shall list the individual classification, the hours worked, and the hourly rate. Billing shall be broken down into the following categories: A. Preliminary & Concept Phase 1917 I ' MICROrILI•IE0 DY c i JORM MICROLAB I I CEDAR RAPIDS DES MOINES I I a 5 B. Design Phase C. Construction Phase D. Special Services (detailed) All provisions of this Agreement when not specificially defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: NNW, INC., tMAYOR ATTEST: CITY CLERK STATE OF IOWA ) ) SS JOHNSON COUNTY ) PRESIDENT SEC E RY On this 9th day of November , 19 82 , before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared Mary C. Neuhauser , Mayor of the City of Iowa City, Iowa, and Abbie Stolfus , City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. - Notbry Public in and for Johnson County, Iowa STATE OF 1OWA ) ) SS COUNTY OF JOHNSON ) On this 15th day of November , 19 82, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared Noel W. Willis and Jean E. Willis to me personally known, who, being by me duly sworn, did say that they are the president and secretary respectively, of said corporation; (no seal has beeF procured by the said)(tl�acxssracbcNX65cppp�dcxpolq,t :mmc>mtsec>seedxx�fxdxt) corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Noel 14. Willis and Jean E. Willis as such Officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public iA and fo'r said County and State _. 1917 111CRUILMED BY JORM MIC R6LA B F I I CEDAR RAPIDS DES MOINES I o. �I PRINCIPAL: 6 EXHIBIT "A" Billing Rates Noel W. Willis, P.E. Amount/Hour: $50.00 Description Professional Engineer I Professional Engineer lI Project Engineer Landscape Architect Land Surveyor Engineering Technician I Engineering Technician II Engineering Technician III Engineering Technician IV 2 -Man Survey Crew 3 -Man Survey Crew 2 -Man Const. Crew 3 -Man Const. Crew Electronic Distance Meter Amount/Hour $36.00 $34.00 $28.00 $31.00 $31.00 $26.00 $21.00 $18.00 $16.00 $34.00 $48.00 $42.00 $60.00 $10.00 is T'd OF (0:61:9 Cif"Y LEGAL F EPA,1TiAcl'JT 440 [ O"•.'i `,yJ'.: E!NGTOIY ST. ^iTY, IOWA 52240 Rcceivod & Approved By The Legal Dcpartinenl a& I 0/2:t10`i— i9lT MICRONUIED BY 1_l _ 1 DORM MIC RbLAB- -, CEDAR RAPIDS DES MOIYES 11, RESOLUTION NO. 82-270 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION ESTABLISHING GUIDELINES FOR DESIGN AND MAINTENANCE OF THE BENTON STREET - RIVERSIDE DRIVE INTERSECTION IMPROVEMENTS. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with _the Iowa Department of Transportation, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Per et and seconded by _ McDonald that the resolution as read be adopted, anT-upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson X Erdahl Lynch x McDonald x Neuhauser x Perret Passed and approved this 9th day of November 1982 ___IL—ua Sd_� `Vl E 11�A�Lll At A MAYOR 7 1 % ATTEST: CITY CLERK PV'A unproved By The Lcggl DegeHnwnt 1918 111CRDf ILIdED By JORM MICR6LA13 1 CEDAR RAPIDS • DES MOINES a J� r AGREEMENT County Johnson City Iowa Ci tv Proj. No. 1? -6-7(22)--20-52 Iowa D.O.T. Agreement No. 83-A-009 IT IS AGREED by and between the State of Iowa, Iowa Department of Transportation (homreafter D.O.T.), highway Division and the City of Iowa City in Johnson County, Iowa, (hereafter City) as follows: 1. On April 21, 1.980, the City and D.O.T. along with representatives from Johnson County, Iowa City Chamber of Commerce, Riverside Chamber of Commerce and the City of Bills, signed a District Court Stipulation of Settlement which addressed various highway related construction items in and around Iowa City on Primary Highway No.'s 518 (relocated U.S. 218), U.S. 218, U.S. 6 and Iowa 1. In Section No. .12 on page 5 of said j Stipulation of Settlement, it is specified that the D.O.T. develop a project (on a 50. - 506 basis with the City) on Benton Street and Riverside Drive. The proposed project is to be completed during the same construction seasons as the construction of the Iowa 1, U.S. 6 and U.S. 218 intersection and construcLion of Primary 518 (relocated U.S. 218)wit:iin the City. The D.O.T. and City entered into Agroomcnt No. 81.-3-032 for the reconstruction of parts of Primary Highway No.'s Iowa 1, U.S. 6 and U.S. 218 within the City. The Agreement was signed by the City and D.O.T. on Juno 2 and 30, 1981, respectively. Section No. 5 on page 2 of said AgroLmont addresses the rucon.stl-uctioll of Bontan Street from Orchard Street extending a e;Lcrly to the Iowa River bri.dgo, and on R:i.versidu Drive from approximaLoly 4001 rt. north of Bonton Street oxLonding southerly to a t.io-in w1th the reconstruction on combined Iowa 1, U.S. 6 and U.S. 218. Allproject related costs are to be shared by the City and D.O.T. on a 50; - 50^ basis, except for the additional cost of the activated exclusive pedestrian phase on the traffic signal installation. This addiL.i.onal cost sliall be 100':, City participation. (See Section No. 3d herain.) MICROrILMED BY 1 ' JORM MIC R#LAB -� 1 I CEDAR RAPIDS •DES Id014E5 HIS 1 r -2- 3. In accordance wish plans for the designed recon:,truc- tion of BentOa Street and Riverside Drive as referenced above the following guidelines shall be observed: a-. The D.O.T. will design, let, and inspect construction of the above described project, and in the first instance shall bear all costs incident thereto. b. Benton Street 'nest of Riverside Drive will be widened uniformly and A.C. overlaid to provide for a four lane operating roadway with portland cement concrete curb and gutter units on both sides. East of Riverside Drive beginning approximately 63 ft. east of the Riverside Drive centerline (Sta. 15134-65) and extending easterly approximately 280 ft. (to Sta. 1516+45) to near the west end of the Iowa River bridge a tapered section of new P.C. concrete pavement will be provided. The portion of the Benton street reconstruction project which lies between Riverside Drive and the Iowa River must be closed to traffic during the construction period to accommodate the new pavement. C. Riverside Drive will be widened along the best side only with a P.C. concrete widening unit. Milling will be done on the existing southbound (westerly) lanes and then covered with an A.C. overlay (bctwccn proposed gutter and the centerline) which will provide a correction in the slope of the existing roadway crown. The proposed -11104 ono]. width %,.,j 11 allot•: r.01aL-ructi nn of: a fifth 1, as requested by L!"(' City, said 1:1.10 to be usod for turninq movollcn4.r; (ront�r l:nt(') througtl the Benton Street intersec-H.011. 'Phe City shall berospoISL1)1e for any fuLw:u InC`rli ficrllion to includC a raised median, all at: no cost or future obl.i.gatiOn to the D.O.T. d. An ci'iht p11ar:o 1111.1y aCLIlateci insCnlJnCilm ,:omplol." with nn nali:•,ILo,I o:u:lu:,iv p0destrian pha^,c ,i.11. also ba co 11 aC L'hu Benton Strool-/Ri've_csidc Drive .i.nter:acct.ion. 'I'hc si(Jnal i stal..l.aLion wi.l-I bo Connl:ruCtOd by the D.o.'P. The City will bear tho aadi.Lion:ll cost 1 RICROEIti•IED By I I JORM MIC R#I_AB - CEDAR RAPIDS •DES 1401YE5 ' � I 1 r .4 -3- of the activiatod exclusive pedestrian phase. Upon completion of the signal construction, the City shall thereafter own the signal installation and shall be responsible for all future energy, maintenance or reconstruction costs inculn-ed, all at no expense or future obligation to the D.O.T. 4. Ef at some fu'.nre date the City chooses to modify the exclusive pedestrian phase of the signal installation or install a raised median, the City shall bear the full cost of said modifications all at no expense to the D.O.T. Prior to any future signal or geometric modifications, the City shall present- the proposal of same to the D.O.T. for approval prior to its implementation. 5. A preconstruction project agreement will be developed by the D.O.T. and submitted to the City for approval subsequent to execution of this Agreement. Tho subsequent Agreement- will provide specific information concerning estimated city costs for this project (storm sewer, grading, paving, right of way etc.). 6. This Agreement may be executed in two counterparts each of which so cxecuted shall be deemed to be an original and both shall constitute but one and the same instrument-. o � MICRor ILMED OY JORM MICR6LAB CEDAR RAPIDS DES MOINES - i 1 J r _ •, C•�unt„ Johnson Project No. P-6-7(22)--20-52 IN WITNESS WHEREOF, each of the parties hereto has Oxecuted Agreement No. 83-A-009 as of the date shown opposite it's signature below. City of Iowa City By: �AauflNovember 9 , i9 82 Title: D•.a or I, Abbie Stolfus , certify Lhat I an, the Clerk of the CITY,and that Mary C. Neuhauser Mayor, who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution, Resolution No. 82-270 , dt;ly passed and adopted by the CITY, on the 9th day of November , 19 82 Received & Approved By The Legal Department I) Z- November 9 1982 IOi{i, DEPARTPIENT OP TRANSPORTATION DY:ca.ght L r _ Date 19 xi.� hL- I• Way irec r - pate highway Division ATTEST: Q DY:CGtG[//�P�✓ MICROFILMED BY I I JORM MICRbLAO ! � CEDAR RAPIDS DES MOINES I /9/f I 1 r RESOLUTION NO. 82-271 RESOLUTION TO ADOPT AN AMENDMENT TO THE INDUSTRIAL REVENUE BOND POLICY FOR THE CITY OF IOWA CITY, IOWA, ENLARGING THE CHAPTER 403 AREA ELIGIBLE TO APPLY FOR INDUSTRIAL REVENUE BONDS. WHEREAS, Iowa municipalities are empowered to issue Industrial Revenue Bonds pursuant to Chapter 419 of the Code of Iowa and the City of Iowa City adopted a Neighborhood Redevelopment Plan to meet the requirements of Chapter 403 of the Code of Iowa on February 1, 1977, Resolution No. 77-29; WHEREAS, Chapter 419 of the Code of Iowa permits areas designated by Chapter 403 of the Code of Iowa prior to July 1, 1979, to be eligible to apply for Industrial Revenue Bonds; WHEREAS, the City of Iowa City adopted an Industrial Revenue Bond Policy on October 21, 1980, Resolution No. 80-474, and amended on October 6, 1981, Resolution No. 81-266 and on November 10, 1981, Resolution No. 81- 290; and WHEREAS, the City of Iowa City wishes to encourage medium and high density housing in and near downtown Iowa City as expressed in the City's Comprehensive Plan, adopted May 30, 1978. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Industrial Revenue Bond Policy map of eligible areas for the City of Iowa City, Iowa, be amended as follows: 1. To expand the designated area to include the area of Outlet 26 as shown on Attachment A be developed from medium to high density housing. It was moved by McDonald and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Dickson —_ x Erdahl x Lynch x McDonald x Neuhauser x Perret Passed and approved this 9th day of November , 1982. MAYOR ATTEST: azei uroved CITY CLERK Received & Approved By Tfle Legal Qeaaliment MICROMMED BY t JORM MICR6LAS J CEDAR RAPIDS DES MOINES _ a )417 J r r � L Attachment A ELIGIBLE AREA: INDUSTRIAL REVENUE BONDS RUN 95 164 �9VM 83 GiffiE�A.r2W ' XMfffl Pos ffic ELIGIBLE CH.403 AREA URBAN RENEWAL R-14 ST. The southern and eastern boundary lines on outlot 25 are defined by a line beginning 330' south of the point of beginning on the western boundary of the large scale residential development plan, Ralston Creek Village, approved by the City Council 5/15/80, with said line proceeding east and south along the existing asphaltic concrete (as shown on the plan), and along 38' of the Abrams Furniture building to Ralston Creek and following a line along the west bank of Ralston Creek thdn across the Creek, north approximately 480' to the intersection of the center of the right-of-way of Van Buren St. X11 CROr ILITD DY JORM MIC RISLAB i CEDAR RAPIDS •DCS '•101'1[5 �■ RESOLUTION NO. 82-272 A RESOLUTION NAMING A CERTAIN AREA IN CITY PARK LOCATED WITHIN THE CITY LIMITS OF THE CITY OF IOWA CITY, IOWA WHEREAS, City Park is a municipal park which provides to the City of Iowa City, Iowa and its residents a place for general recreation and an opportunity to enjoy the numerous benefits of a natural habitat, and WHEREAS, within City Park is an area on the lower west side designated for use by Iowa City Boys Baseball containing eight Little League diamonds, and WHEREAS, Iowa City Boys Baseball operations are totally dependent upon volunteers to carry out their program, and the late Robert (Bobby) Oldis volunteered for fourteen years as a coach as well as maintaining team and individual statistics, and WHEREAS, to honor the efforts and inspiration of Bobby Oldis, a muscular dystrophy victim confined to a wheelchair for his last sixteen years, and WHEREAS, it is advisable to designate said area in City Park with a sign, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the Little League diamonds in City Park be named "Bobby Oldis Fields", and that there be a such. sign erected designating them as i i It was moved by Balmer and seconded by Perret that the resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer —x_ Dickson i x Erdahl x Lynch .�f_ McDonald — x Neuhauser _ x. Perret Passed and approved this 9th day of November , 1982. ATTEST Mayor C TY CLERK 1 141CRDflL11ED BY _ �. JORM MICR# A13 CEDAR RAPIDS • DES MDIYES f I ;;. tr1VP.ti & Jlj'jYt rxotl By ilhe Le031 DG .arlm2nt O J r RESOLUTION NO. p2_273_ RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT (PITH 111GHLANDER, INC. FOR SANITARY SEWER SERVICE FACILITIES WHEREAS, the City of Iowa City and Highlander, Inc. desire to enter into an agreement whereby both parties desire to extend the sanitary sewer service facilities of the City of Iowa City so that same are available for use by Highlander, Inc. if they elect to so use and to serve the property of Highlander, Inc. located north of Interstate Highway 80; and WHEREAS, the City of Iowa City and Highlander, Inc. have agreed upon a procedure for the design, construction, and installation of a sanitary sewer and lift station and a method for payment and financing of same through the sale by the City of special assessment bonds and the payment by Highlander, Inc. for its share of said project costs by the payment of a special assess- ment incurred for the financing of the sewer and sewer lift station; and WHEREAS, this agreement has now been prepared and requires ex- ecution on behalf of the City of Iowa City by the Mayor and City Clerk; and WHEREAS, the City Council deems it in the public interest to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOIPA, that the Mayor and City Clerk are hereby authorized and empowered to execute said agreement on behalf of the City of Iowa City, Iowa. It was moved by _ Balmer and seconded by McDonald that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer �— Dickson x Erdahl x Lynch x McDonald - x— Nouhauser x— Perret Received & Approved By The Legal Depa ment //_ r�' MICROFILMED 94 " JORM MICRbLAB- 1 CEDAR RAPIDS • DES MOINES i I l F J Passed and approved this 9th day of November 1982. ATTEST: / CITY CLERK 6 OccIk Above not needed per Bob Jansen, City Attorney 1/17/83 MICROI'ILMED BY "JORM MICR(ILAB' CEDAR RAPIDS • DES I401YE i I I .a I9al 1 S- AGREEMENT THIS AGREEMENT is entered into this 9th day of November , 1982, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "CITY"; Highlander, Inc., an Iowa corporation, and Highlander Partnership, an Iowa general partnership, both referred to collectively as "Highlander". WHEREAS, the existing sanitary sewer facilities of CITY do not extend North of Interstate Highway 80 so as to serve the property of the other parties hereto; AND WHEREAS, HIGHLANDER and CITY desire to extend the sanitary sewer service facilities so the same are available for use by the HIGHLANDER if they elect to so use the same; AND WHEREAS, the parties hereby agree upon a procedure for the design, construction, and installation of a sanitary sewer, force main and lift station and a method for the payment and financing of the same through the sale by CITY of special assessment bonds and the payment by HIGHLANDER for its share of said projects costs by the payment of a special assessment incurred for the financing of the sewer, force main and sewer lift station; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. CITY shall design a sewer lift station, force main and sewer lines from the existing sewer lines to the lift station and sanitary sewer extension as more accurately described in Exhibit "A" attached hereto. The lift station capacity shall be designed for an ultimate load capacity of 200 gallons per minute. 2. CITY will institute special assessment proceedings under Chapter 384 of the Code of Iowa, or other applicable provisions, to finance the design and construction of the lift station, the force main, and the sanitary sewer line from the lift station to the HIGHLANDER property. CITY will sell special assessment bonds to cover the share of HIGHLANDER's portion of the construction costs as set forth hereafter. 3. HIGHLANDER agrees to perform the following obligations: A. HIGHLANDER shall grant to the CITY such appropriate easements for the site of the lift station, access to the lift station, and sanitary sewer line from the lift station to HIGHLANDER as more particularly described in Exhibit "B" attached hereto, which is incorporated by reference and made a part hereof. Plans and specifications for the sanitary sewer will be reviewed and approved by CITY. B. HIGHLANDER agrees to pay 73% of the total costs of the project, provided that the total costs do not exceed $250,000.00. C. HIGHLANDER agrees to pay a tap -on fee to the City of Iowa City in the amount of $230.00 per acre, for 21.8 acres, to permit the CITY to comply with its obligations under an agreement with E.J. 1921 MICROFILMED BY i' JORM MICR40LAB I 1 CEDAR RAPIDS DES MD18ES r 2 Corporation and American College Testing, Inc. for the collection of said tap -on fee. D. In paying 73% of the total improvement costs as limited in "B" above through the special assessment procedure, HIGHLANDER agrees to waive the right to notice. 4. CITY agrees to perform the following obligations: A. To design and let the construction contracts for the lift station, force main and sewer line no later than June 30, 1983. B. To design the lift station in such a manner that it will incorporate its appearance with the general aesthetics of the area. The contract documents will include plantings in a sufficient number to be installed around the lift station so that it will be largely obscured from view. All ground cover at the lift station and sewage lines will be restored as nearly as possible to its present condition. CITY agrees to indemnify and hold harmless HIGHLANDER for any injury or damage to persons or property that may occur by reason of the construction activities being carried on by CITY. C. CITY agrees to accept easements, maintenance responsibilities for the lift station, force mains, and sanitary sewer mains running to the lift station from the existing facilities of the HIGHLANDER property after its development. D. CITY agrees to maintain and pay all operating costs of the lift station, force main and sanitary sewer mains over which the CITY has public easements. 5. The term "cost" when used herein shall mean the total design project, which includes the preliminary design sum of $14,039.58 previously paid by or billed to HIGHLANDER by Shive-Hattery & Associates, and the sum of $0.00 previously paid by or billed to CITY by Shive-Hattery & Associates, plus all future engineering, legal and construction costs of the lift station, sewer and force main. 6. CITY agrees that it will not permit any property which is annexed to the City of Iowa City, either voluntarily or involuntarily, subsequent to the execution of this agreement, to "hook onto" or utilize the sewer constructed pursuant to this agreement without payment by the CITY to HIGHLANDER of an amount equal to $1,547.60 per acre for each acre included in the annexed tract. 7. This agreement shall be binding upon the heirs, assigns, transferees, and successors in interest of the parties hereto. 8. This agreement is subject to performance of the following conditions, which are prerequisites to the agreement being enforceable as it applies to any parties hereto: A. Approval of the proposed HIGHLANDER Subdivision of a portion of the HIGHLANDER tract, as shown on Exhibit "G". S. That the total costs of the project do not exceed $250,000.00. C. That the CITY adopts a new tap -on sewer fee ordinance. D. Approval by HIGHLANDER of location of lift station. 9. The CITY of Iowa City in the adoption of a new tap -on ordinance agrees to apply that ordinance in an attempt to collect tap -on fees by those parties who utilize the sewer, other than the parties to this agreement, for the purpose of collecting funds to reimburse the parties hereto for their costs of the construction of the sewer, said reimbursement to be made in the same percentages as each party contributed toward the payment of the construction or project costs. It is understood that the CITY does not guarantee its legal authority to collect said tap -on fees, and if the validity of said tap -on fee ordinance or the attempt to enforce the same as it applies to the sewer project constructed herein is challenged by any party, CITY shall not be required to defend the same, but the costs thereof shall MICROFILI4E0 DY j JORM MICRG/LAB I j CEDAR RAPIDS DES MOINES I /9a/ J s� r 0 10. 3 be paid by such parties to this agreement who wish to litigate the enforceability of the tap -on fee. It has been represented to the CITY that lease negotiations are presently being conducted withHewlett constructed inrtheeHIGHLANDER lease by Hewlett Packard of a building to be Subdivision. The parties hereto agree that in the event Hewlett Packard does not execute a lease for a building to be located in the HIGHALNDER Subdivision, within 120 days following the execution of this agreement, then and in that event the CITY shall have the option to declare this agreement to be null and void. HIGHLANDER, INC. PRESIDENT HIGHLANDER PARTNERSHIP BY: PARTNER CITY OF IOWA CITY BY:� MAYOR ATTEST: �-- CITY CLERK MICROFILMED BY "-JORM MICRdLAB J 1 CEDAR RAPIDS • DES M014ES j J r ■ .: L AGREEMENT THIS AGREEMENT is entered into this day of 1982, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "CITY"; Highlander, Inc., an Iowa corporation, and Highlander Partnership, an Iowa general partnership, both referred to collectively as "Highlander" WHEREAS, the existing sanitary sewer facilities of CITY do not extend North of Interstate Highway 80 so as to serve the property of the other parties hereto; AND WHEREAS, HIGHLANDER and CITY desire to extend the sanitary sewer service facilities so the same are available for use by the HIGHLANDER if they elect to so use the same; AND WHEREAS, the parties here construction, and installation of a agree upon a procedure for the design, sewer and lift station and a method for the payment and financing of the same through the sale by CITY of special assessment bonds and the payment by HIGHLANDER for its share of said projects costs by the payment of a special assessment ) curred for the financing of the sewer and sewer lift station; \ NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1. CITY shall contract with Shive-Hattery & Asso iates for the design of a sewer lift station, force main and sewer 1'nes from the existing sewer lines to the lift station and sanitary ewer extension across Highway #1 as more accurately described in Exhibit "A" attached hereto. The lift station capacity shall be designed for an ultimate load capacity of 200/gallons per minute. 2. CITY will institutg special assessment proceedings under Chapter 384 of the Code o/Ine (a, or other applicable provisions, to finance the design and coction of the lift station, the force main, and the sanitary sewefrom the lift station to the HIGHLANDER property. CITY will sepecial assessment bonds to cover the share of HIGHLANDER'sion of the construction costs as set forth hereafter. 3. HIGHLANDER Orees to perform the following obligations: A. HIGHLhANDER shall grant to the CITY such appropriate easements for he site of the lift station, access to the lift station, and sa ary sewer line from the lift station to HIGHLANDER as more pa titularly described in Exhibit "B" attached hereto, which is i corporated by reference and made a part hereof. Plans and pecifications for the sanitary sewer will be reviewed and approved by CITY. B. HIGHLANDER agrees to pay 73% of the total costs of the project, provided that the total costs do not exceed $250,000.00. C. HIGHLANDER agrees to pay a tap -on fee to the City of Iowa City in the amount of $230.00 per acre, for 21.8 acres, to permit the 111CROIILMED DY JORM MICR6LAB ; CEDAR RAPIDS • DES 1101HES i i 19a/ J 2 CITY to comply with its obligations under an agreement with E.J. Corporation and American College Testing, Inc. for the collection of said tap -on fee. D` In paying 73% of the improvement costs through the special assessment procedure, HIGHLANDER agrees to waive the right to r , notice or to object to the amount of the assessment. 4. CITY, agrees to perform the followingobl gations: A. Te design and let the construc ion contracts for the lift 4 st\ition, force main and sewer lin no later than June 30, 1983. B. To esign the lift station i such a manner that it will Inco orate its appearance wi the general aesthetics of the area. The contract documen will include plantings in a suffic ent number to be instal ed around the lift station so that it will be largely obscured rom view. All ground cover at the lift sta ion and sewage li es will be restored as nearly as possible o its present con ition. CITY agrees to indemnify and hold harml ss HIGHLANDER f r any injury or damage to persons or property that may occur by reason of the construction activities being carried,on by CITY. C. CITY agrees to, accept basements, maintenance responsibilities for the lift station, orce mains, and sanitary sewer mains running to the lift sta ion from the existing facilities of the HIGHLANDER property after its development. D. CITY agrees to maintki, and pay all operating costs for the lift station, force main and sanitary sewer mains over which the CITY has public easements./ \, 5. The term "cost" when used herein shall mean the total design cost, which includes the sum of $14,039.58 previously paid by or billed to HIGHLANDER by Shive-Hattery & Associates, and the sum of $0.00 previously paid by or billed to CITY by Shive-Hattery & Associates, plus final construction, 'costs of he lift station and sewer or force main. 6. CITY agrees that it will not permit any property which is annexed to the City of Iowa City, either voluntarily or involuntarily, subsequent to the execution of this agreement, to "hook onto" or utilize the sewer constructed pursu nt to this agreement without payment by the CITY to HIGHLANDER of a amount equal to $1,547.60 per acre for each acre included in the annexe tract. i 7. This agreement shall be binding upon the h,irs, assigns, transferees, and successors in interest of the parties hereto. 8. This agreement is subject to performance of the following conditions, which are prerequisites to the agreement being enforceable as it applies to any parties hereto: A. Approval of a proposed HIGHLANDER Subdivision of a portion of the HIGHLAND tract, as shown on Exhibit "G". B. That the tot 1 costs of the project do not exceed $250,000.00. C. That the CIT adopts a new tap -on sewer fee ordinance. D. Approval by HIGHLANDER of location of lift station. 1 9. The CITY of Iowa City in the adoption of a new tap -on ordinance agrees to apply that ordinance in an attempt to collect tap -on fees by those parties who utilize the sewer, other than the parties to this agreement, for the purpose of collecting funds to reimburse the parties hereto for their costs of the construction of the sewer, said reimbursement to be made in the same percentages as each party contributed toward the payment of the construction or project costs. It is understood that the CITY does not guarantee its legal authority to collect said tap -on fees, and if the validity of said tap -on fee ordinance or the attempt to enforce the same as it applies to the sewer project constructed herein is challenged by any party, CITY 19 a-/ msorILMED BY JORM MIC ROLAB � � CEDAR RAPIDS DES IdDInES i shall not be required to defend the same, but the costs thereof shall be pail by such parties to this agreement who wish to litigate the enforced ility of the tap -on fee. '•a 10. It has represented to the CITY that lease negotiations are presently being conducted with Hewl tt Packard for the lease by Hewlett Packa of a building to b constructed in the HIGHLANDER Subdivision. a parties hereto ree that in the event Hewlett Packard does not xecute a lease f a building to be located in the HIGHALNDER Subdivi ion, within 1 days following the execution of this agreement, then and in that vent the CITY shall have the option to declare this agree nt to be 11 and void. HIGH NDER, INC. 8Y: HIGHLAAOER PARTNERSHIP CITY OF IOWA CITY BY: MAYOR ATTEST: CITY CLERK MICROFILMED BY JORM MICR46LAB -� CEDAR RAPIDS • DES MOINES f i