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HomeMy WebLinkAbout2008-02-19 Resolutioni~f?+ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-35 RESOLUTION TO ISSUE DANCING PERMIT VL'IJ'VU 3c 9 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her 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: It's Brothers Bar & Grill - 125 S. Dubuque Street Passed and approved this 19th day of F uar , 20 08 Approved by ATTEST: L ' ~ ~ 2~~ CIT LERK ~ ~ ~~~~ City Attorney's Office is ,2>~e~ It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey x Champion x Correia x Hayek g O'Donnell x Wilburn ~_ Wright M~~ 3c 10 Prepared by: Marian K. Kan, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-36 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Hawkeye Amusement at PD .Box 3082 City, Iowa, has surrendered Cigarette Permit No. 08-45 and requests a refund on the unused portion, now thereof, in Iowa expiring 6/30/2008 , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Cigarette Permit No. 08-45 ,issued to Que Bar be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 25.Oq payable to Hawkeye Amusement as a refund on Cigarette Permit No. 08-45 Passed and approved this 19th day of F uar , 2008 c R Approved by ATTEST: ~ ~. ~x~Gt~ CIT LERK ~u .~~~~~ City Attorney's Office /ot/27~o 7 It was moved by Correia and seconded by xayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia g Hayek ~ O'Donnell _ ~_ Wilburn ~_ Wright M 3e 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-37 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN FOR THE PROPERTY LOCATED AT 2685 INDIGO COURT, IOWA CITY, IOWA. WHEREAS, on. September 5, 2006, the owners executed a Resale Agreement with the City of Iowa City to secure requirements for HOME funding; and WHEREAS, the home has been sold; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 2685 Indigo Court, Iowa City, Iowa from a Resale Agreement recorded October 2, 2006, Book 4087, Page 937 through Page 938 of the Johnson County Recorder's Office. Passed and approved this 19th day of February , 2008 M Appro ed by ATTEST: ~ ~ ~C ~a`s~9' CIT ERK c~~~f °~ City Attorney's Office It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn X Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Owner(s): Steve and Dee Ann Douthart Agreement Holder: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 2685 Indigo Court, Iowa City, Iowa, and legally described as follows: Lot 84, Whispering Meadows Subdivision, Part Two to Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 99, Plat Records of Johnson County, Iowa. from an obligation of the owners, Steve and Dee Ann Douthart, to the City of Iowa City represented by a Resale Agreement recorded October 2, 2006, Book 4087, Page 937 through Page 938 of the Johnson County Recorder's Office. This obligation has been compiled to and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: J' ~ ICGu ~~) 71 - 7~ CIlrY ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) City Attorney's Office On this 7~~ day of , A.D. 20 ~ ~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. alley 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 corporation, and that the instrument was signed and sealed on behaff of t~_ corporation by authori~iof its City Council, as contained in Resolution No.G8 -37 ,adopted by the City Council on the 1 ~-t~t day 20 O y and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said instrument be the voluntary act and deed of said corporation, by it and by them voluntarily executed. m. __._.. __._._ ~/-~ P r ~e, i-~ - l -tf-l~, -,, ~~ Notary Public in and for Johnson County, Iowa 3 Sys/~~ -~v M ~~ - 3e(2) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08_38 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 LAURENCE SHORT, ET AL, AND TENANT TROPICAL CHILL, INC.D/B/A BALDY'S WRAP, 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, Laurence Short, Et AI, as landlord, and Tropical Chill, Inc, d/b/a Baldy's Wrap, as tenant, applied for a renewal of a temporary use of the public right-of-way at 18 S. Clinton 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 19th day of ATTEST: ,v ~1ti% CIT CLERK nnnn City Attorney's Office r1~~r~veU uy: ~~ ~ '~ ~ v~ Resolution No. 08-38 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright vc- ~ y-uts ~`~~ 3e(3) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-39 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 KLDP, INC, AND TENANT CHACKALACKAL, INC, D/B/A ONE TWENTY SIX, 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, KLDP, Inc, as landlord, and Chackalackal, Inc, d/b/a One Twenty Six, as tenant, applied for a renewal of a temporary use of the public right-of-way at 126 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 1 th day of February , 2008. r c ATTEST: CIT LERK Approved by: ~~ a ~ ~ City Attorney's Office Resolution No. 08-39 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X X X X X X ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright V G' 1 ,7-(/p ~,,~~ 3e 4 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-40 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 120 BUILDING CO, AND TENANT VITO'S OF -IOWA CITY, INC, D/B/A VITO'S, 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, 120 Building Co, as landlord, and Vito's of Iowa City, Inc, d/b/a Vito's, as tenant, applied for a renewal of a temporary use of the public right-of-way at 118 College 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 19th day of ATTEST: l CI CLERK City Attorney's Office NppfUVCU Uy: Resolution No. 08-40 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright 3e 5 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-41 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 MARC MOEN, AND TENANT GRAZE IOWA CITY LLC DIB/A GRAZE, 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, Marc Moen, as landlord, and Graze Iowa City LLC, d/b/a Graze, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 115 College 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; 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 the 2008 renewal of License Agreement for Temporary Use of Public Right-of-Way, 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 ReGOrder at Applicant's expense. Passed and approved this 19th day of ATTEST: ~ ~ ,ti CI , -CLERK Februa 2008. City Attorney's Office Approved by: _~~~ ~ - i a ~~ ~ Resolution No. 08-41 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright ~~~ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-42 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 PLAZA TOWERS LLC, AND TENANT J & E, INC. D/B/A FORMOSA ASIAN CUISINE, FOR A SIDEWALK CAFE 2- 9- 8 3e(6) WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Plaza Towers LLC, as landlord, and J & E, Inc., d/b/a Formosa Asian Cuisine, as tenant, applied for a renewal of a temporary use of the public right-of-way at 241 College 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 19th day of Februar , 2008. ` c 1 ~' ~ ATTEST:~~_ ~~~ I -CLERK Approved by: ~~~~`~ ~ -~ .off City Attorney's Office Resolution No. 08-42 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright ~~ 3e(7 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-43 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 WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC, D/B/A PANCHERO'S MEXICAN GRILL, 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, William and Helen Byington, as landlord, and Little Donkeys, Inc, d/b/a Panchero's Mexican Grill, as tenant, applied for a renewal of a temporary use of the public right-of-way at 32 S. Clinton 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 ~g~ day of ATTEST: /// `~~./ CI CLERK ~~~~ a -~ ~-~~ City Attorney's Office ~NN~~~~~ uy. Resolution No. 08-43 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~ Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright M,l~ - - 3e 8 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 08-44 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 MOKA JAVA LLC, AND TENANT IOWA CITY COFFEE COMPANY D/B/A JAVA HOUSE, 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, Moka Java LLC, as landlord, and Iowa. City Coffee Company, d/b/a Java House, as tenant, applied for a renewal of a temporary use of the public right-of-way at 211 '/z 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 19th day of ATTEST: . -t~~~, CIT LERK a-~~aF~ - ~ City Attorney's Office Hpprovea oy: ~,~~® Resolution No. 08-44 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright UL-'1 y-U23 ~~ 3e 9 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 08-45 RESOLUTION ACCEPTING CNIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM JOHN'S GROCERY, INC. WHEREAS, on December 12, 2007, an employee of John's Grocery, Inc., 401 E. Market Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation John's Grocery was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within atwo-year period; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1) and, at the establishment's option, either a $1500.00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employee violates § 453A.2(1) within a two-year period, each after a hearing and proper notice; and WHEREAS, on or about February 11, 2008, John's Grocery waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by tendering the $1500.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $1500.00 civil penalty on behalf of John's Grocery. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 19, 2008 ATTEST: - ~ -L~(-~ City jerk., City of Iowa City 3~ I WAIVER OF RIGHT TO HEARING ON CIVIL PENALTY COMES NOW JQYr ~l~"hlis owner or manager of John's Grocery, Inc., which holds a retail cigarette permit and is located at 401 E. Market Street, Iowa City. By signing this Waiver of Right to Hearing I voluntarily acknowledge on behalf of John's Grocery: 1. That on December 12, 2007, an employee/agent of John's Grocery violated Section 453A.2(1) of the Code of Iowa, by selling or providing tobacco, tobacco products or cigarettes to a minor. 2. That there was a prior violation of Section 453A.2(1) by one of this business's employees or agents within atwo-year period. 3. That pursuant to Section 453A.22(2) of the Code of Iowa, an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 the first time its employee violates Section 453A.2(1) within a two-year period and, at the permittee's option, either a suspension of its permit for a period of thirty (30) days or a civil penalty of $1500.00 the second time its employee violates Section 453A.2(1) within a two-year period. 4. That pursuant to Section 453A.22(2), a retail cigarette permit holder is entitled to a hearing to determine whether the civil penalty should be assessed. • That John's Grocery does not wish to have a hearing on whether a civil penalty should be assessed against it due to its employee's violation and, instead, wishes to acknowledge its responsibility for the civil penalty provided for in Section 453A.22(2) by surrendering its retail cigarette permit to the City Clerk for a period of thirty (30) days or tendering the $1500.00 civil penalty, without need for the hearing. 6. That, if an employee of John's Grocery violates Section 453A.2(1) again it may be subject to further civil penalties under Section 453A.22(2), after proper notice and opportunity for hearing, including additional monetary civil penalties and/or a suspension of its retail cigarette permit. 7. That included with this Waiver of Hearing I: surrender the business's retail cigarette permit to be held by the City Clerk for a period of thirty (30) days tender the $1500.00 civil penalty in complete satisfaction of the civil penalty owed by John's Grocery under Section 453A.22(2). 8. That this Waiver of Hearing was executed and the permit surrendered voL~ntarily ~ after sufficient opportunity to consult with legal counsel. ~ C7 -~-, Executed this ~ day of , 2008. f -:=' ~ ~~ ~ ~ ~ ~. , --- ~* i r, -r, ~T~ u Own a ger ~ ~^, N `~•-~ John's Grocery, Inc. ?~ ~., r~, CC..'. ca Poi.+c G. Resolution No. 08-45 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright 5a Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE UPDATED HISTORIC PRESERVATION PLAN WHEREAS, the Comprehensive Plan is a statement of goals and policies of the community; and WHEREAS, Iowa City adopted its first Historic Preservation Plan in 1992 to set policies to guide identification, protection and appropriate development of its historic resources; and WHEREAS, the Historic Preservation Commission with the assistance of Svendsen, Tyler Inc. has updated the plan and set revised goals and objectives to address the communities historic resources; and WHEREAS, recommendations in the plan are based on the studies and analysis of the changes that have occurred since 1992, case studies of historic preservation efforts in other communities in the nation, and public input gathered through neighborhood meetings as well as individual interviews with citizens, community leaders and officials; and WHEREAS, the Historic Preservation Commission and the Planning and Zoning Commission have reviewed said Plan and after due deliberation recommended that the Council adopt the Iowa City Historic Preservation Plan as an element of the Comprehensive Plan; and WHEREAS, the City Council finds that adoption of said Plan is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the updated Iowa City Historic Preservation Ptan is hereby adopted as a part of the Comprehensive Plan. Passed and approved this day of , 2008. MAYOR ATTEST: CITY CLERK Approved bye/ Q c,~~'I Lil~~~'~ n./ City Attorney's Office ~~ 3 /~d Y It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Bailey Champion Correia .Hayek O'Donnell Wilburn Wright PCD\Staff Reports\RES\HP Plan 2008 Resolution.DOC ~~~ - ~~ 7 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 08-46 RESOLUTION ASSESSING $300.00 CNIL PENALTY AGAINST DELIMART #2 WHEREAS, on December 10, 2007, an employee of Delimart #2, 1920 Lower Muscatine Road, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Delimart #2 was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Delimart #2 and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the first such violation of an employee of Delimart #2 within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Delimart #2. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 19 , 2008 ~TTEST:~ ~~~~~' ~'~ City C er c, City of Iowa City Resolution No. 08-46 Page 2 It was moved by Wilburn and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright ~~ CERTIFICATE 1, Lodema Berkley-, Clerk of the District Court of i',e State of Icwa, in andfor,iohnson County, do h?rehy certily~ tha*, this is a true and c,,rs;;iiot- cttry cti the Original Instrument(s) fifer' u...•a ~:,, .. . _ t~r~g of _ Pages. ,, ,+! n, !.PY"'~' ~CrlF, !have hereunto r`liy ~ ire Seaf of said Coun I , r , ~ ~ uiv ~i ir,wa thlS ~C O aY _ ~ t L -~''~ c _::=iK~EY r~- ^ T-C/W ^ OC~-C&R PLALNTIFF: State of Iowa ~~ ~ou~tt•- of: _ ^ city of: 1u th~° Court at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE vs. NAME: Address -5l ~ Z~ First Middle City ~~~-Py~ llG State Zip s~~~ ssiDL# 7t6 9 yY 2 9zS state _~~ Co. # s z- DL Class ~ DL End DL Rest. DOB t!~ ~ P! /lo.~~Race ~ ~,~ Sex ~ Ht. Wt. - The undersigned states that on or about ~ Z ~~~ ~~ ~ at ^ AM defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle/Boat (describe) CMV ^ Yes ^ No HazMat Plac. Req. ^ Yes ^ No US DOT# Reg. # State Year Upon a public highway a / /Ll/47 f Z / 9 Z~ Lw~ Ml~1 nt Located in [he county and state aforesaid and did then and there commit the following offense: ^Traffic ^ Navigation ^ Snowmobile/ATV ^Fish-Game ^Parks Do Not Write In This Space i-°~=' ~-"'.ila ~• (~iES ^ NON-RES IOWA UNIFORM CITATION AND COMPLAIN ^ HIS ~lON-HIS IOWA CITY POLICE DEPARTMENT ~ RM - ^ YES NO ANC # o ~ -063 3 JOHNSON ~ ~ L IC N~ 17 8 2 01 ~; IOWA CITY UScheduledVio/F'ine ~~~~._~ ^Road;?onsuuctionZone ~I~on-Scheduled Violation Surcharge $ ~~ Vurt Appearance Required (805.10) ''-~eason: , Court Costs $~ ~-r~ P.I. ~"P.'b. ($10©0,) Accident / p ;{,_1~~Fata1 Ac~~ent ' T. Total Fine Costs $ '` O ~ - ~`~ivil Damage AsSe'strtent f 3 =', Violatio /'OVi ~( ,~Ti~{ '.._- ~/i't.1v /' Speed In Zone-Sec.# IA Code DATA CODE Fed/Adm. Code rI ocal Ord. yam, }, I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. / .~ ~ / ~ Dated I L~IO /d ~ --~` (.~ /~ Mo. Day Yr. Officer's Signature I No Court Date:lf you must appear in court or if you choose to appear to answer a charge which does not require an appearance, report to the above named court on: ~~ ~~ 7 ~d 7 at _~ ~M ^ PM Mo. Da ~ Yr. NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on [his citation is true under penalty of providing false information. 2. I promise to appear in said court at said time and place, or I wil] comply with [he provision on the top of [he reverse side of the citation. The following applies to simple misdemeanors only: r~~~ r~ 3. 1 hereby give my unsecured appearance bond in the amount of ` ~~ dollars and enter my written appearance. I agree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the court i thorized to enter a conv' tion and render judgment against me for the amount of my appearance din satisfaction of the p alty and surcharge plus court costs. / S re o endant ~PM M+~ 8 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 08-47 RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST DELIMART WHEREAS, on December 11, 2007, an employee of Delimart, 525 Highway 1 West, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Delimart was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Delimart and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the first such violation of an employee of Delimart within a two year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code § 453A.22(2) hereby imposes a civil penalty in the amount of $300.00 against Delimart. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days, in addition to the $300.00 civil penalty. BE TT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 19 , 2008 ATTEST: _ ~ - ~/ City eik, City of Iowa City Resolution No. 08-47 Page 2 It was moved by O'Donnell and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright g CERTIFICATE i, Lodema Berkley ,Clerk of the District Court of the State of Iowa, in and for Johnson County, do hereby certify that this is a true and complete copy of the Original Instruments) filed in this office consisting of ~ pages. IN TESTIMONY vJH EREOF, I have hereunto set my hand and affixed the Seal of said court at my is in Iowa Ci , lawn this ~~ ~ day of LODEM ERKLEY ^ T-C/W ~fJ3'<i~t_F~ll~ 1~ ~6iES ^ NON-RES ^ QC~_C$ ~ WA C'~IFORM CITATION AND COMPLAINT ^ HIS ION-HIS II )~ IOWA CIT P CE DEPAR M N ARMED ^ YES~NO PLAINTIFF: INC # State u# iuwa r ~C N~ 18 5151 ^ County of. JOHNSON_____ Nn_: ^ City of: IOWA CITY In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE _ ____ ___ Middle State -~ ZipS2L State 1~ Co. # ~L - DL Class DL End --~~--~~ DL Rest. DOB ~~' /•2 0 / 7 7 Race _l~1 Sexes Ht. S~ WiZ Oe~ Z- /// ~a 7 at ~ ~ ^ AM ~Q'M The undersigned states that on or about defendant did unlawfully: Mo. Day Yr. Operate Motor VehicleBoat (describe) CMV ^Yes ^No HazMat Plac. Req. ^ Yes ^ No US DOT# Stale Year Reg. # i .~.. a .. ~- ~ t Nt... ~ i / /.~J VS. r NAME: efendan[, Last ~ Address ~ 2Z ~ '~ City ~ a`"4O SS/DL# ~~~~"~' Upon a public highway a ~!-~'~"""' Located in the county and state aforesaid and did then ~1 ^Traffic ^ Navigation ^ Snowmobile/A ~cheduled Vio/Fine Surcharge I ~ Do ~ Couri Costs Not ~ Totall^ine(Costs ~~Do _ $~ $ ...5~ $ /"~ Z - corrim~t the following offense: ~ish-Game ^Parks ;~t oad Construction'{une on-Scltec~ lcd V1j,~ition qurt Ap~earance',i~€i)uircd (805.10) eason: sr,~, _. I, w. I P.I. QIr.D. ($1000) Accident atal A1~dent ~ivil D~tggge Assessment /¢ /N/// 0 r ~6 ~~ VlOlah011/' ivi ° •~• Write Speed In Zone-Sec. # - z- IA Code DATA CODE Fed/Adm. Code Local Ord. In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. , / ~ ~2 f~ This ~ z ~ ~~ ~a ~ ~/ 1.~~ ~_s~l.~G-- Dated Mo. Da Yr Officer's Signature ID No. Y Space Court Date: If you must appear in court or if you choose to appeaz to answer a c azge which does not require an appearance, report t~e above named court on: / /~ ~ ~ ? ~ ~ ~ at SAM ^ PM Mo. Dav Yr. NOTICF_: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdetneanor. My signature below is not a plea of guilty, but acknowledges all of the following: I. I hereby swear and affirm that the intbrmauon provided by me on this c~[anon is tnte under penalty of providing false information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of [he reverse side of the citation. The following applies to simple misdemeanors only: dollars and enter my written 3. 1 hereby give my unsecured appearance bond in the amount of appearance. I agree that if 1 fail to appear m person or by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs. ~~~ ~~v~ 1~ ~~~~> Stgnatme of Defendant Q.ds o "~a`~ Prepared by: Marcia Klingaman, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION N0. 08-48 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MELTDOWN GLASS ART AND DESIGN LLC TO PRODUCE ARTWORK FOR THE ROBERT A. LEE RECREATION CENTER POOL ROOM AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and WHEREAS, a Call for Qualifications was distributed for artists to present their qualifications for providing proposals for artwork for the pool area of the Robert A. Lee Recreation Center; and WHEREAS, the City Council approved the Call for Qualifications for the Robert A. Lee Recreation Center project at their May 14, 2007 meeting by adoption of Resolution No. 07-160; and WHEREAS, the Iowa City Public Art Advisory Committee selected 5 artists to present final proposals; and WHEREAS, the Iowa City Public Art Advisory Committee approved the selection of Meltdown Glass Art and Design LLC's "Dancing Water" glass artwork at their December 6, 2007 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. -The Agreement between the City of Iowa City and Meltdown Glass Art and Design LLC for the design, fabrication, and the delivery of the artwork to the Robert A. Lee Recreation Center, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed a ATTEST: nd approved this 19th day of Februar , 20 d $ . C MA pprdved ~ -~% J ~ ~la ^~~ CI ERK City Attorney's Office It was moved by Wright and seconded by Correia and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~_ Champion ~_ Correia ~_ Hayek X O'Donnell ~ Wilburn ~_ Wright the Resolution be adopted, Neighbor/res/btkatzres.doc CITY OF IOWA CITY PUBLIC ART PROGRAM ROBERT A LEE RECREATION CENTER -POOL WALL ART PROJECT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on ~~ ~nR t~etween the City of Iowa City, hereinafter referred to as the OWNER, and Meldown Glass and Design, LLC, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted the proposal for a proposal by the ARTIST for installation of "Dancing Water", a series of 22 glass panels installed along the pool wall in the Robert A. Lee Recreation Center hereinafter referred to as ART WORK. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter °Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, and transportation of the ART WORK to the site. b. The ARTIST shall at all stages of execution, fabrication and delivery coordinate his work with the OWNER'S REPRESENTATIVE. c. The Owner shall be responsible for installation of the ART WORK with coordination and oversight by the ARTIST. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and delivery of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the OWNER'S REPRESENTATIVE on the installation of the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER'S RPRESENTATIVE progress reports in accordance with the schedule provided for in Section 1.2 (a). 2 c. The ARTIST shall complete the fabrication and delivery of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of ART WORK not permitted by or not in substantial conformity with the Proposal. A signficant change is any change in the scope, design, color, size, material, texture or location of the ART WORK ,any change which affects installation, scheduling, site preparation or maintenance for the ART WORK or any change to the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the ART WORK is completed and when it will be delivered and ready for installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than thirty (30) days prior to the ARTISTS intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER'S REPRESENTATIVE. c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART WORK at the site in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall work with the OWNER'S REPRESENTATIVE in determining the location of the ART WORK adjacent to the pool wall. The OWNER shall be responsible for all expenses, labor and equipment to prepare the site and install the ART WORK and insure the timely installation of the ART WORK. e. Installation of the completed sculpture shall occur no later than June 1, 2008. 1.4 Post Installation a. Within 30 days after the installation of the ART WORK, the ARTIST shall furnish the OWNER'S REPRESENTATIVE with a minimum of twelve digital photographs on a disk which document the process and development of the ART WORK from beginning fabrication through completion. b. The OWNER shall arrange photographic documentation of the site and the installation of the ART WORK at the site. c. The ARTIST shall be noted of any dates and times for presentation ceremonies relating to the ART WORK. d. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance 3 a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 (d) have been completed in substantial conformity with the Proposal. This date shall be no later than 6 months after the date of the first installment payment by the ARTIST as detailed in Section 2.1 (a). b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance. 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be home by the ARTIST until delivery of the ART WORK, and the ARTIST shall take such measures as are necessary to protect the ART WORK ftom loss or damage until delivery. The ARTIST shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once installation of the ART WORK is complete. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss; cost, damage and expense resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by the ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all daims or liabil'Ities thereafter made in connection with the ART WORK, the site, the project or this agreement, except daims by the OWNER against the ARTIST and daims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from daims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of the ARTISTS employees or of any person other than the ARTISTS employees; and from daims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and #rom claims arising out of the ARTIST'S performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK 4 Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Sixty-five thousand fifty dollars ($65,050)) which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. Expenses shall include all travel and lodging required for the ARTIST to fulfil his obligations under this contract. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. Forty percent (40%), or $26, 020, within thirty (30) days after execution of this agreement. b. Forty percent (40%) or $26,020, within thirty (30) days of the determination of OWNER'S REPRESENTATIVE that the ART WORK has been fabricated and ARTIST has provided documentation to OWNER'S REPRESENTATIVE to demonstrate such progress. c. Twenty percent (20%) or $13,010 within thirty (30) days after final acceptance of the complete project. 2.2 ARTISTS Expenses The ARTIST shall be responsible for the payment of all expenses necessary for the proper pertonnance of the services required under this agreement, including but not limited to mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, transporting the ART WORK to the site and the costs of all travel and lodging by the ARTIST and the ARTISTS agents and employees. Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the OWNER is delayed from installing the ART WORK within the time specified in the schedule because OWNER has not prepared the site for installation as speafied in Section 1.3(d) hereof, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the 5 schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the ART WORK. In addition, the OWNER shall reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site due to delays caused by the OWNER. Such reimbursements shall be expenses in adddition to the Fixed Fee enumerated in Section 2.1. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTISTS services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTISTS services impossible or unforeseeably burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render tmmely performance of the OWNER'S services impossible or unforeseeably burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty in a manner that is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). 6 Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns aroyalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: ~ [ARTIST'S NAMED, date of publication. 5.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work awned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTISTS name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). 6.3 Alteration of the Work or of the Site 7 a. Except as provided under subsection 6.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file the records, inGuding ARTISTS identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notfication of intent to remove the ART WORK. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or offiaal of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to terminate this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTISTS expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supension of the ARTIST. The ARTIST must obtain written approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or othervvise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute .the. ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund ail amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTISTS services under this agreement. Article 11. General Terms 11.1. The ARTIST shalt not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 Tv discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity; or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request of the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary by OWNER. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance and shall coinade with trips to Iowa City already planned by the ARTIST pursuant to Sections 1.2 and 1.3. 11.5 Should any section of this Agn~rnent be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which indudes members of the City Counal and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Sedaon 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding beiween the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are nat merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST Meltd Glass an Design. LLC By: B atz EST- ,~} ~ ~~ Marian K. Karr City Clerk ~u1~ ~~~ ry 1~ Artwork informed by the Concept of the Nature of Water -BJKatz Until recently water was largely taken for granted. Suddenly its importance is unambiguous. Water has mystery and mystique. Most materials exist in only one state, but water exists in a liquid form; asolid -ice; and agas -water vapor such as humidity, mist, steam and clouds. Water is constantly moving. It cycles through evaporation, precipitation and runoff. Winds carry water vapor over land. Water covers about 71 °k of the earth's surface. Saltwater oceans hold 97% of the earth's surface water; glaciers and polar ice caps hold 2.4% and other land surfaces such as rivers and lakes, 0.6%. People, animals, plants and man-made things like groceries and other products contain some of the earth's water. Cistern's hold some of the water supply, saving rain water for human consumption. Water is a common chemical compound essential to life. Clean drinkable water is becoming an increasingly scarce and valuable commodity. In many parts of the world it is in short supply and the problem is a growing one. Water can also be deadly. Global warming threatens to melt the polar icecaps causing flooding to heavily populated land areas. Over the last 100 years Glacier National Park has gone from 150 glaciers to 25, and they don't expect any glaciers in another twenty five years. Water wreaks havoc with weather systems. Warming water increases the incidence and strength of hurricanes. After Katrina we will never again tie naive to the damaging power of hurricanes. This artwork helps people enjoy and focus on the importance of water. Process I specialize in designing artwork that integrates with the architecture of buildings. My cast glass artwork is entirely handmade from original molds and handpainting in my art glass studio in Arizona. I work with ten highly trained assistants and together we fabricate my designs on an architectural scale. I start with plate glass. We cut panels to size, allowing for the spread that inevitably happens when casting glass.. After the glass is cast, we drill holes for stand-offs, the mounting hardware I've selected for this installation. The glass is then sent for tempering, a process that strenthens the glass by four to five times and meets architectural safety requirements. When the glass comes back to the studio from tempering it is hand-painted with reflective chrome paint. Material Maintenance The glossy front surface of the art glass is cleaned with ordinary glass cleaner. This would not be required frequently, only as needed. The back side of the panels will never require maintenance or cleaning. Budget This is based on a $60,000 budget. It can be pro-rata altered for a larger size artwork. $9,000 15% Artist Design.Fee $51,000 80 ft. wide x 5 ft. high art glass installation including. hardware. $10,200 Art glass and hardware per additional 1 ft. in height Respectfully submitted, BJ Katz Art Director and Principal Meltdown Glass Art & Design LLC www. meltdownglass. com BJ Katz - Revised Proposal Dancing Water 22 panels 24" wide x 84" high 66.5 pounds/ panel maximum. Budget $53,900 -Tempered cast azurlite colored glass with dichroic bits and reflective coating on back, pattern running between panels with holes drilled for hardware. ($2450/ panel). $9,000 -Artist's fee $1250 -Crating, shipping and insurance $900 - Supervision of installation $65,050 - Total ~~ m ~ N, ~ ~D pa ~ N O ~ ~ C N 7 ~j N ~ CITY OF IOWA CITY PUBLIC ART PROGRAM ROBERT A LEE RECREATION CENTER -POOL ALL ART PROJECT A REEMENT BY AND BETWEEN OWNE AND ARTIST THIS AGREE E hereinafter referred to referred to as the AR Department of Planning shall be the Public Art A NT is made on as the OWNER, and M ST. The OWNER'S RE and Community Develol d isorv Committee. between the City of Iowa City, Glass and Design, LLC, hereinafter _NTATIVE shall be the Director of the or his/her designee. The COMMITTEE WHEREAS, the O NER, on the recom endation of the COMMITTEE, has accepted the proposal for a proposal by the ARTIST fo installation of "Dancing Water", a series of 22 glass panels installed along he pool wall in a Robert A. Lee Recreation Center hereinafter referred to as ART WORK. A copy of said roposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consid ration of the mutual promises and undertakings contained herein, the parties agree s f ows: Article 1. Scope of Services 1.1 General a. The ARTIST shall rform services and furnish all supplies, materials and equipment as necessary for th design, a cution, fabrication, and transportation of the ART WORK to the site. b. The ARTIST shall at all stages of a cution, fabrication and delivery coordinate his work with the OWNER'S RE RESENTATIVE. c. The Owner sh II be responsible for i and oversight by the AR IST. 1.2 Execution of the lation of the ART WORK with coordination a. The ARTI shall furnish the OWNER'S REPR SENTATIVE a tentative schedule for completion of fabri ation and delivery of the ART W K, including a schedule for the submission of pro ress reports, if any. The schedule ust be approved by OWNER'S REPRESENTATIV After written approval of the chedule by the OWNER'S REPRESENTATI E, the ARTIST shall fabricate, transport a consult with the OWNER'S REPRESENTATI Eon the installation of the ART WORK in a ordance with such schedule. Such schedul may be amended by written agreement between the OWNER'S REPRESENTA IVE and the ARTIST. b. Th OWNER shall have the right to review the ART WO K at reasonable times during the f rication thereof. The ARTIST shall submit to the OWNE 'S RPRESENTATIVE progress re orts in accordance with the schedule provided for in Section 1. (a). 2 c. The ARTIS shall complete the fabrication ~ d delivery of the ART WORK in substantial conformity w h the approved Proposal. d. The ARTIST all present to the COMMI TEE in writing for further review and approval any significant ch nges in scope, design, co r, size, material or texture of ART WORK not permitted by or not ins bstantial conformity wit the Proposal. A significant change is any change in the scope, desig ,color, size, material texture or location of the ART WORK ,any change which affects instal tion, scheduling, s' a preparation or maintenance for the ART WORK or any change to the , ncept of the ART ORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall n tify the O NER'S REPRESENTATIVE in writing when the fabrication of the ART WORK 's comp) ted and when it will be delivered and ready for installation at the site. b. The ARTIST agrees to no ify he OWNER'S REPRESENTATIVE, no fewer than thirty (30) days prior to the ARTIST'S inten d time of delivery to determine the particulars of delivery time, location and agent designated b the OWNER'S REPRESENTATIVE. c. The ARTIST shall deliver an consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART OR at the site in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall w rk with the WNER'S REPRESENTATIVE in determining the location of the ART WORK ad' cent to the p of wall. The OWNER shall be responsible for all expenses, labor and equipme t to prepare th site and install the ART WORK and insure the timely installation of the ART ORK. e. Installation of the completed sculpture s~iall occur no later than June 1, 2008 1.4 Post Installation a. Within 30 day after the installation of the T WORK, the ARTIST shall furnish the OWNER'S REPRESEN ATIVE with a minimum of tw ve digital photographs on a disk which document the process nd development of the ART W K from beginning fabrication through completion. b. The OWN~R shall arrange photographic documen~tion of the site and the installation of the ART WORK a4 the site. c. The ARTIST shall be notified of any dates and time for presentation ceremonies relating to the AR~ WORK. d. Upon installation of the ART WORK, the ARTIST shall rovide to the OWNER'S . REPRESENTA IVE written instructions for appropriate maintenance nd preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REP SENTATIVE in writing when all services in Sections 1.1 t ugh 1.4 (d) have been comple din substantial conformity with the Proposal. This date all be no later than 6 months fter the date of the first installment payment by the ARTIS as detailed in Section 2.1 (a). b. The OWNER' REPRESENTATIVE shall otify the ARTIST in writing of OWNER'S final acceptance of the A T WORK. c. Final accept nce shall be REPRESENTATIVE'S writt n notification to 1.6 Risk of Loss The risk of loss or damage to hi ART WORK, and the ARTIST WORK from loss or damage u damage due to vandalism, theft, complete. 1.7 Liability, Indemnification and I re on the date of the OWNER'S of final acceptance. ART WO shall be borne by the ARTIST until delivery of the gall take s ch measures as are necessary to protect the ART it delive The ARTIST shall not be responsible for loss or ~cciden . or acts of God once installation of the ART WORK is a. The ARTIST agrees to demnify, defend and hold OWNER and its officers, employees, and agents harmless o any and all loss, cost, damage and expense resulting from, arising out of, or incurred by easo of any claims, actions or suits based upon or alleging bodily injury, including death, or propert damage arising out of or resulting from ARTIST'S operations, duties or responsibili ies under his agreement, whether such be by ARTIST himself or by any subcontractor or by a one direct) or indirectly employed by the ARTIST. b. Upon final accepts e of the ART RK, the OWNER shall, to the extent permitted by law, and without waiving ny immunities ava able thereunder, indemnify and hold harmless the ARTIST against any an all claims or liabilitie thereafter made in connection with the ART WORK, the site, the proje t or this agreement, xcept claims by the OWNER against the ARTIST and claims which may occur as a result f the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the RTIST shall each effect and maintain insurance to protect the ARTIST from claims under w keys compensation acts; claims for damages because of bodily injury including personal injury, ickness or disease, or death of any of the ARTIST'S employees or of any person other than th ARTIST'S employees; and from claims for damages because of injury to or destruction of tangi le property; including loss of use resulting therefrom; and from claims arising out of the ARTIS 'S performance of professional services caused by errors, omissions, or negligent acts for which e ARTIST is legally liable. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S nal acceptance of the completed ART W(QRK i L. . 4 Article 2. Compensation and Payment Schedule 2.1 Fixed Fee , The OWNER shall pad-the ARTIST a fee not toe eed Sixty-five thousand fifty dollars ($65,050)) which II constitute full compensati for all fees, services, expenses, and materials to be erformed and furnished by the ARTIST under this agreement. Expenses shall include all trav I and lodging required for the RTIST to fulfill his obligations under this contract. The fee shall b paid in the following install nts, expressed as percentages of such fixed fee, each installmen to represent full and final, on refundable payment for all services and materials provid d prior to the due date th reof: a. Forty ~rcent (40%), or $2~, 020, within thirty (30) days after execution of this agreem nt. / b. Forty per ent (40%) or $26,020, within thirty (30) days of the determination of OWNER'S REPRESE ATIVE that the ART WORK has been fabricated and ARTIST h s provid documentation to OWNER'S REPRESENTATIVE to demonstrate uch pro ress. c. Twenty percent (20°°) or $13,010 within thirty (30) days after final acceptance of the complete project. 2.2 ARTIST'S Expenses The ARTIST shall be re onsible\fc performance of the servi es require or shipping charges on submission: ART WORK to the site nd the costs agents and employees. the payment of all expenses necessary for the proper under this agreement, including but not limited to mailing to the OWNER'S REPRESENTATIVE, transporting the all travel and lodging by the ARTIST and the ARTIST'S Article 3. Time of Performance 3.1 Duration The services to I accordance with 1 and approved by such time limits i ARTIST and the G required of the ARTIST a~ schedule for completion of t OWNER'S REPRESENTA' ~ be extended or otherwise VER'S REPRESENTATIVE. set forth in Article 1 shall be completed in e ART WORK as proposed by the ARTIST f E pursuant to Section 1.2, provided that m ified by written agreement between the 3.2 If, when the RTIST completes fabrication or procurement f the ART WORK in accordance with the a roved schedule and notifies the OWNER th the ART WORK is ready for installation,. the OWNER is delayed from installing the ART W K within the time specified in the schedule because OWNER has not prepared the site for inst lation as specified in Section 1.3(d) hereof, the OWNER shall provide storage, or reimburse e ARTIST for reasonable transportation and storage costs incurred for the period between he time provided in the 5 schedule for commencement of ins ation and the date upo which the site is sufficiently complete to reasonably permit in Ilation of the ART WORK. In addition, the OWNER shall reimburse the ARTIST for any ditional travel costs or for u ecessary time spent on the site due to delays caused by the O NER. Such reimbursement shall be expenses in adddition to the Fixed Fee enumerated in ection 2.1. 3.3 Early Completion of ARTI T Services The ARTIST shall bear any tr nsportation and storage osts resulting from the completion of the ARTIST'S services prior to th time provided in the sc edule for installation. 3.4 Time Extensions The OWNER'S REPRESENTA IVE shall grant reasonable extension of time to the ARTIST in the event that there is a delay the part of th ARTIST in performing its obligations under this Agreement due to conditions b and the ART ST'S control or Acts of God which render timely performance of the ARTIST'S se ices impo ible or unforeseeably burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNE in pert rming its obligations under this Agreement due to conditions beyond the OWNER'S c ntrol r Acts of God which render timely performance of the OWNER'S services impossible or unf reseeably burdensome. Failure to fulfill contractual obligations due to conditions beyon ei er party's reasonable control will not be considered a breach of contract; provided that suc obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and wa rants that: (a the ART WORK is solely the result of the artistic effort of the ARTIST; (b) a cept as othe ise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is uniqu and original and does not infringe upon any copyright; (c) that the ART ORK, or a dupli to thereof, has not been accepted for sale elsewhere; and (d) the ART ORK is free and cle r of any liens from any source whatever. 4.2 Warranties of Quality ar{d Condition The ARTIST represents d warrants that: (a) the exe ution and fabrication of the ART WORK will be performed in a w rkmanlike manner; (b) the A WORK, as fabricated, will be free of defects in material and workmanship, including any d ects consisting of inherent qualities which cause or acc lerate deterioration of the A T WORK; and (c) maintenance recommendations sub fitted by the ARTIST to the OWNER REPRESENTATIVE hereunder, if followed, will achieve eir intended result. The warranties desc abed in this Section 4.2 shall survive fora riod of five years after the final acceptance of the RT WORK. The OWNER shall give notice t the ARTIST of any observed breach with reaso ble promptness. The ARTIST shall, at the re uest of the OWNER, and at no cost to the O NER, cure reasonably and promptly the breac of any such warranty in a manner that is co sistent with professional conservation standards (i luding, for example, cure by means of rep it or refabrication of the ART WORK). 6 Article 5. Reproduction Rights 5.1 General To the extent not limited by t is Section 5.1, the ARTIST r ains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other righ in and to the ART WORK except ownership and possession. n view of the intention that he ART WORK in its final dimension shall be unique, the ARTIST hall not make any additi nal duplicate reproductions of the final ART WORK, nor shall the A TIST grant permission others to do so except with the written permission of the OWNER. e ARTIST grants to a OWNER and its assigns aroyalty-free, irrevocable license to make o or three dimens' nal reproductions of the ART WORK for educational and/or non-comme cial purposes, incl ding but not limited to reproductions used in advertising, calendars, posters, brochures, med' ,publicity, catalogues, museum, educational and development projects, or of er similar publ' ations, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER s all ntain a credit to the ARTIST and a copyright notice substantially in the following form: ~ [ R IST'S NAME], date of publication. 5.3 Credit to Owner The ARTIST shall use best efforts o giv a credit reading substantially, "an original art work owned and commissioned by the City of owa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the AR WORK. 5.4 Registration The ARTIST may cause to b registered, with copyright of the ART WORK i the ARTIST'S nan United States Register of Copyrights, a Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and insta at the site a plaque identifying the ARTIST, the title of the A T WORK, and the year of com letion; and shall reasonably maintain such notice to the extent s may be practicable. 6.2 Maintenance The OWNER recogniz s that maintenance of the ART WORK o a regular basis is essential to the integrity of the AR WORK. The OWNER shall take reaso ble steps to assure that the ART WORK is grope ly maintained and protected, taking into ac ount the instructions of the ARTIST provided in a~CCOrdance with Section 1.4 (b). 6.3 Alteration of the y/Vork or of the Site 7 a. Except as provided under subsection 6.3(b), below, The OWNER agrees that it will not intentionally damage, alt !modify or change the ART ORK without the prior written approval of the ARTIST. b. The OWNER r serves the right to alter the locati n of the ART WORK; relocate the ART WORK to another s te; and remove the ART WOR from public display. The following provisions shall apply to r location or removal: (i) While th OWNER shall attempt to r move ART WORK in such a way as to not affect the ART WORK it is the parties' unders nding that such removal may result in damage, alteration, modifica ion, destruction, distorti or other change of the ART WORK. The ARTIST acknowledges that t is provision shall qual' under 17 U.S. C. Section 113 (d) so as to waive rights under 17 U.S.C. ection 106A. (ii) If, at the ti e removed without damage, alt ra OWNER shall give notice as re of the ART WORK, the ARTIS address, with the Register of Cop' ARTIST further agrees to update notification of intent to remove the 6.4 Permanent Record. of removal, is determined that the ART WORK may be tion, modif ation, destruction, distortion or other change, red by 17 .S.C. Section 113 (d) (2) and (3). On completion agrees t file the records, including ARTIST'S identity and rights s provided under 17 U.S.C. Section 113 (d) (3). The for tion with the Register of Copyrights so as to permit A T ORK. The OWNER'S REPRESENTATIV shal aintain on permanent file a record of this Agreement and the location and disposition of he AR WORK. Article 7. ARTIST as Independe Contractor. The ARTIST shall perform all ork under this reement as an independent contractor and not as an agent or an employe of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the NER. Article 8. Assignments, Tr nsfer, Subcontracting 8.1 Neither this Agreem nt nor any interest herein shall a transferred by the ARTIST. Any such transfer shall be null an void and shall be cause to termi to this Agreement. 8.2 Subcontracting by/ARTIST The ARTIST may subcontract portions of the services tb~be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not'~egatively affect the design, appearance, or vi ual quality of the Proposal and shall be carved out under the personal supervision of th ARTIST. The ARTIST must obtain written approval from the OWNER'S REPRESENTATI E prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approv the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreeme , shall willfully or negligently fai to fulfill in a timely and proper manner, or otherwise violate, ny of the covenants, agreeme s or stipulations material to this agreement, the other party sh II thereupon have the right to rminate this agreement by giving written notice to the defaulti g party of its intent to ter inate specifying the grounds for termination. The defaulting pa y shall have thirty (30) day after receipt of the notice to cure the default. If it is not cured, then this agreement shall ter inate. In the event of default by the OWNER, the OWNER shall pr ptly compensate the TIST for all services performed by the ARTIST prior to termination. In he event of default b the ARTIST, all finished and unfinished drawings, sketches, photograph ,and other work pr ucts prepared and submitted or prepared for submission by the ARTIST u der this agreeme t shall at the OWNER'S option become its property, provided that no right to fabricate or xecute the ART WORK shall pass to the OWNER and the OWNER shall ompensate th ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; r the ARTIST shall refund all amounts paid by the OWNER in exchange for all fi fished and nfinished related art works. Notwithstanding the previous sentence, the ARTIST s II not b relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any reach of this Agreement by the ARTIST, and the OWNER may reasonably withhold p men s to the ARTIST until such time as the exact amount of such damages due the OWNER fro t e ARTIST is determined. Article 10. Compliance The ARTIST shall be required to co ply ith Federal, State, and City statutes, ordinances and regulations applicable to the perfor nce f the ARTIST'S services under this agreement. Article 11. General Terms 11.1. The ARTIST shall not mmit any of he following employment practices and agrees to prohibit the following actices in any ubcontracts. 11.1.1 To discharge or refu a to hire any indivi ual because of their race, color, religion, sex, national origin, disa ility, age, marital sta s, gender identity, or sexual orientation. 11.1.2 To discriminate a ainst any individual in to ms, conditions, or privileges of employment because of their ce, color, religion, sex, n tional origin, disability, age, marital status, gender identity, r sexual orientation. 11.2 It is understoo and agreed that the retention f ARTIST by OWNER for the purpose of the Project shall be as an independent con actor and shall be exclusive, but the ARTIST shal have the right to employ such a sistance as may be required for the performance of the Project subject to the terms of ection 8.2 of the Agreement. 11.3 It is agree by the OWNER that all records and file pertaining to information needed by the AR IST for the project shall be available by s id City upon reasonable request of the AR IST. The OWNER agrees to furnish all rea onable assistance in the use of these rec rds and files. 9 11.4 At the request of OWNER, the ARTIST shall attend such eetings of the City Council relative to the work set forth in this Agreement as deeme necessary by OWNER. Any requests made by the:OWNER shall be given with re sonable notice to ARTIST to assure attendanc nd shall coincide with trips to to a City already planned by the ARTIST pursu t to Sections 1.2 and 1.3. 11.5 Should any ction of this Agreement be found in lid, it is agreed that the remaining portion shall a deemed severable from the inv id portion and continue in full force and effect. 11.6 Upon signing his agreement, ARTIST ackn ledges that Section 362.5 of the Iowa Code prohibits City officer or employee fro having an interest in a contract with the City, and certifi s that no employee or offs er of the City, which includes members of the City Counci and City boards and c missions, has an interest either direct or indirect, in this greement, that does n t fall within the exceptions to said statutory provision enume ted in Section 362.5. Article 12. Entire Ag This writing embodies the en ire agreement and understanding between ttte parties hereto, and there are no other agreement and unders andings, oral or written, with reference to the subject matter hereof that are not mer ed herein nd superseded hereby. Article 13. Modification No alteration, change, or modifica 'o of the terms of the Agreement shall be valid unless made in writing and signed by both partie ereto and approved by appropriate action of the OWNER. ARTIST OWNER Meltdown Glass and Design. ~LLC Regenia Bailey, Mayor By: BJ Katz /~ ATTEST /~ Marian K. Karr I City Clerk Kl K»t ~, ~I»:::: »Ifc: Jesivn v~FUn~ 1 t~ ~y ~y ,. , ~~ ~~ C t ~ ~~. y ~ ___ - '~ _ _ .. .!:-"- .. :1 .. . _t -~~ - ,~~, k ~ fi <~ u Ei ~ ,. V ~ ` Kl K»t ~, ~I»:::: »tti:: Jesivn v~FUn~ 2 J ;~ t ~' ;~ ~4 '__~I ~.- i~ ~~ '?~"'~ - ~~ Wit. ~,,,~ --' Y ~, 4, `i I~ J r ^~!_,_,®,~ C[TY OF IOWA CITY 10 .:m~~r~~ E~C~RA Date: February 12, 2008 To: Iowa City City Council From: Jen Jordan, Recycling Coordinator Re: ICLEI application The International Council for Local Environmental Initiatives, or ICLEI, is an international association of local governments that have made a commitment to sustainable development. Their basic premise is that locally designed initiatives can provide an effective and cost-efficient way to achieve local, national, and global sustainability objectives. ICLEI works with about 700 governmental bodies around the world through performance-based, results-oriented campaigns and programs. Through membership, Iowa City can utilize technical consulting, training and information services to target and achieve our local sustainability objectives. Marian Karr From: Dale Helling Sent: Wednesday, February 13, 2008 11:54 AM To: 'Patricia Ephgrave' Cc: Council Subject: RE: Dear Ms. Ephgrave, Thank you for you recent email to the City Council regarding ICLEI. Council members do not receive their emails directly. Your message will be forwarded to them. I can provide some information that you will hopefully find to be helpful. Last year the Mayor signed the 'U.S. Mayors' Climate Protection Agreement' and the City Council agreed to join the Sierra Club's "Cool Cities" initiative. The City's first step as a "Cool Cities" community is the join ICLEI and Council's regular meeting agenda for February 19 includes a resolution to approve the City's application for membership. We look forward to having available the resources ICLEI provides in exploring what further steps the City will take in addressing the issue of global warming and climate change. Thank you for your interest. Hopefully you will have an opportunity in the future to become more directly involved. Citizen participation will certainly be needed if this initiative is to be successful. Best regards, Dale Helling Interim City Manager --Original Message----- From: Patricia Ephgrave [mailto:pnephgrave@mchsi.com] Sent: Monday, February 04, 2008 4:34 PM To: Council Subject: This correspondence will become a public record. Dear Members of the Council: Does the City of Iowa City know of and/or belong to the International Council for Local Environmental Initiative? One of their concerns is sharing information on steps to take to prepare for the effects of climate change on cities. Please consider looking at this organization. Sincerely yours, Patricia N. Ephgrave 1 n~+~ Prepared by Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave. SW, Iowa City, IA, 52246, (319) 887-6160 RESOLUTION NO. 08-49 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO JOIN THE INTERNATIONAL COUNCIL OF LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) AND PARTICIPATE IN ITS "CITIES FOR CLIMATE PROTECTION" CAMPAIGN WHEREAS, scientific consensus has developed that carbon dioxide (COZ) and other greenhouse gases released into the atmosphere have a profound effect on the Earth's climate; and WHEREAS, The City of Iowa City is a signatory to the 2005 U.S. Mayors' Climate Protection Agreement, which has been endorsed by the U.S. Conference of Mayors and signed by more than 700 U.S. mayors as of October 2007. WHEREAS, the Urban Environmental Accords adopted by local government delegates during UN World Environment Day 2005 call for reduced emissions through energy efficiency, land use and transportation planning, waste reduction, and wiser energy management; and WHEREAS, the International Council of Local Environmental Initiatives (ICLEI) is an international association of local governments and governmental organizations that have made a commitment to sustainable development and supports locally-designed initiatives as an effective and cost-efficient way to achieve local, national, and global sustainability objectives. WHEREAS, the ICLEI has invited the City of Iowa City to become a full member of the organization and become a partner in its "Cities for Climate Protection" Campaign; WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses, and its residents; and WHEREAS, it is in the public interest for the City of Iowa City to become a member of the ICLEI and to participate in the "Cities for Climate Protection" Campaign. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT the City of Iowa City, Iowa, will join ICLEI as a Full Member and participate in the "Cities for Climate Protection" Campaign and, as a participant, pledge to take a leadership role in promoting public awareness about the causes and impacts of climate change. Passe nd approved this 19th day of February , 2008. c ' Appro ed by: M ATT T: .~i City Attorney's Office/~3/O ~ CITY LERK It was moved by Correia and seconded by Wilburn that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey g Champion g Correia ~_ Hayek _~ O'Donnell ~_ Wilburn X Wright Application for Membership ~i® /il~~l~ ou I~LE:I ~~/~ Local Governments for Suetainability Jurisdiction Name City Of Iowa City County, State Johnson County, Iowa Website www.icgov.orq Population 62,220 1. Name of Highest Ranked Elected Official Regenia Bailey Title Mayor E-mail regenia-bailey~a.iowa-city.org Telephone (319) 351-2068 2. Name of Elected Official Liaison to ICLEI Regenia Bailey Title Mayor Address 410 E. Washington St. City Iowa City State, ZIP IA 52240 E-mail regenia-bailey~a.iowa-city.org Telephone (319) 351-2068 Date last elected /Last day of term November 7, 2007 I January 1, 2012 3. Name of Staff Liaison to ICLEI Jennifer Jordan Title Recycling Coordinator Address 3900 Hebl Avenue SW City Iowa City State, ZIP IA 52246 E-mail iennifer-iordan a(~.iowa-city.org Telephone (319) 887-6160 Key Contact Person on ICLEI Matte~S (Check either Staff or Elected for each) .Staff Elected Voting ^ Regular contact ~ ^ 4. Name of Internal Press & Media Liaison to ICLEI Jennifer Jordan Title Recycling Coordinator Address 3900 Hebl Avenue SW City Iowa City State, ZIP IA 52246 E-mail Jennifer-Lrdan a(~.iowa-city.org Telephone (319) 887-6160 5. Name of Person to Receive Invoice Jennifer Jordan Title Recycling Coordinator E-mail iennifer-Gordan aniowa-city.org Telephone (319) 887-6160 6. Name of Person Completing Form Jennifer Jordan Title Recycling Coordinator E-mail iennifer-Jordan@iowa-city.orq Telephone (319) 887-6160 7. Date of CCP Program Resolution Adoption or Proclamation* * Please include supporting documentation, if already adopted. Upon receipt of membership fees and an adopted program resolution, your jurisdiction will be considered a full ICLEI Member. All ICLEI Council Members are governed by the ICLEI Charter. A copy of the Charter will be sent to the primary contact indicated above. Signature: Date: Please take a moment to complete the questions on the reverse side. Please send completed form to: ICLEI -Local Governments for Sustainability U.S.A. 436 14th Street, Suite 1520 Oakland, CA 94612 Telephone: (510) 844-0699 Fax: (510) 844-0698 E-mail: iclei-usa@iclei.org Website: www.iclei.org/usa Application for Membership ICLEI local Governments for Sustainability 7. Please list other local governmental associations of which your local government is a member: Iowa League of Cities Johnson County Council of Governments East Central Iowa Council of Governments Iowa Public Works Association 8. Please list any local governments that are twin or sister cities with your local government: 9. In general, how can ICLEI best help your local government with climate protection and Sustainability goals? ICLEI can be a resource for sound technical advice as we work towards our climate protection and Sustainability goals. 10. If you are a new member, how did you learn about ICLEI? 'The City of Iowa City learned about ICLEI through our local chapter of the Sierra Club. Thank you for your interest in joining ICLEI -Local Governments for Sustainability. Please send completed form to: Telephone: (5l0) 844-0699 ICLEI -Local Governments for Sustainability U.S.A. Fax: (510) 844-0698 436 14th Street, Suite 1520 E-mail: iclei-usa@iclei.org Oakland, CA 94612 Website: www.iclei.org/usa uc- ~ a-vu 11 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA UTION NO. 19-356-5030 RESOLUTION APPRO ING A LEASE AND A TEMPO ARY CONSTRUCTION EASEMENT WITH MER CHMAN SEEDS, INC. AND RE NNITTER FARMS, INC. TO LEASE AND CONST CT AN ACCESS WAY FROM ORMON TREK BLVD. TO THE NORTH/SOUTH RUN AY. ~ WHEREAS, the Iowa City Air rt Commission ("Co fission") contracts with Farmers National Company to manage agricult al land within the wa City Airport ("Airport"); WHEREAS, the Commission has K Company and Regennitter Farms, Inc. ("I WHEREAS, Regennitter Farms, Inc Seeds, Inc. to plant seed plots in the area s Commission is agreeable to this arrangeme proved a o-year lease between Farmers National sed airp rt land"); ~ like to enter into a contract with Merschman of the closed, north/south runway, and the th two conditions; WHEREAS, the conditions are si a ac land and to construct an access way fr m Mo WHEREAS, Merschman Se;~ds, Inc. has an access way; and ,t' ments to control access to the leased airport ~ Trek Blvd. to the closed, north/south runway; to provide a security gate and construct WHEREAS, it is in th est interest of the Ci to enter into a lease for the access way and a temporary constructio easement for the const ction of the access way, copies of which are attached; and NOW, THEREF RE, BE IT RESOLVED BY T E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Mayor d the City Clerk are authorized to exe ute and attest to the attached Lease and Temporary onstruction Easement. Said easemen is to be recorded at Merschman Seeds, Inc.'s co . Passed and a proved this day of , 2008. / MAYOR r Approv d by ATT~~ST: _ ~ ^ ~ 3'G~ CITY CLERK City Attor ey's Office Prepared by: Susan Dulek, Asst. City A .; 410 E. Washingto t.; Iowa City, IA 52240; 319-356-5030 Return Address: City Attorney's Office; 41 East Washington S eet, Iowa City, IA 52240 Legal Description: NE ]/4 of SE 1/4 of Section 1, Township 79 ,Range 6W, Johnson County Taxpayer Information: City of Iowa City, 410 E. W hington St., wa City, IA 52240 Grantor(s): City of Iowa City and Iowa Ci Airport ommission Grantee(s): Merschman Seeds, Inc. TEMPORARY CONSTRUCTI EASEMENT AGREEMENT FOR CONSTRUCTION OF CESS WAY TO AIRPORT THIS AGREEMENT, made and entered Airport Commission ("Commission"), Iowa. , In consideration of their mutual py6mises herein, agree as follows: ty of Iowa City ("City"), the Iowa City ~n Seeds, Inc. ("Merschman") in Iowa City, COMMISSION, and CITY CITY states and cove is that it is the owner o certain real estate described on Exhibit A attached hereto, by irtue of legal and/or equi ble title, that it is lawfully seized and possessed of said eal estate, and that it has ood and lawful right to convey these easements. CO ISSION states that it has the uthority to control and manage certain real estate descr' ed on Exhibit A attached hereto b virtue of state law. 2. COMMISSI N and CITY (collectively, "OWN ") MERSCH AN a temporary construction easement 'n, OWNER' property described as "Temporary Co str Exhibit attached hereto (hereafter "Temporary Ease f 8,140 s ware foot strip of land 44 feet wide by 185 feet to g center ne of the southern end of runway 18/36 at the I ~ facil' ating MERSCHMAN'S construction of an access sou ern end of runway 18/36 at the Iowa City Airpo~ M SCHM_ AN shall include necessary grading, exc restoration, storage of materials and equipment, and equipment to the Temporary Easement Areas, as needed do hereby grant and convey to over and across that portion of the uction Easement" and shown on ant Areas"), which is an approximate between Mormon Trek Blvd. and the va City Airport, for the purpose of vay from Morman Trek Blvd. to the ("improvement"), which grant to vation, piling of dirt, regrading, i ress and egress of persons and t complete said improvement. 2 3. The term of this Temporary Co truction Easement will be fo the period of time required by MERSCHMAN to complet the construction of the impro ement, but in no event shall the duration of the Tempor Construction Easement exte beyond one (1) year after commencement of constructio of the project. 4. With respect to the Tempo Construction Easement, OWNER grants the following rights: a. MERSCHMAN shall ave the right to mak excavations within the Temporary Easement Areas, and to rade as MERSCH AN may find reasonably necessary for the construction. MERS HMAN covenan and agrees to protect such excavations during construction; to pr mptly fill said xcavations following construction; and to hold OWNER harmless fro third p liability during said construction. b. MERSCHMAN shall prom tly b kfill any trench made by it, and repair any damages caused by MERS H AN within the Temporary Easement Areas, including the replacement trees and shrubs on the Easement Areas. MERSCHMAN shall indemni WNER against loss or damage which occurs as a result of MERSCHMAN'S negl ent acts or omissions in the exercise of its easement rights herein. O e the emporary Easement Areas have been restored substantially to their pr' r conditi n and except as expressly provided in this Temporary Easement A reement, M SCHMAN shall have no further responsibil- ity for maintaining the emporary Eas ent Areas. c. MERSCHMAN s all have the right of ingress and egress to and from the Temporary Ease nt Areas by such rout within the Temporary Easement Areas as shall occasion t least practical damage d inconvenience to OWNER. d. MERSCHM shall have the right to trim r remove all trees and brush which may interfere wi the exercise of MERSCHM 's rights pursuant to this Temporary Easement greement. 5. MERSCHMA covenants and agrees that existin driveways, fences, underground drainage the r other site features, including trees d shrubs, which are removed or disturbed s all, to the extent reasonably possible, b replaced by MERSCHMAN to conform ith features or items removed during cons ction. MERSCHMAN further agrees t at all grassed areas disturbed by the const ction shall be seeded within a reason le time after construction is complete. 6. ME SCHMAN covenants and agrees to remove and stock ile existing topsoil from areas to e excavated, to be used in the event of any repair. Foll wing installation of the public i~provement, all areas within the Temporary Easement Are s which are disturbed will be g aded to form a uniform slope, and topsoil shall be replace and respread over disturbed 3 areas, thereby restoring the replacement of trees, 7. The provisions hereof s , respective parties hereto title to the land, and MERSCHMAN expense SIGNED this day of CITY OF IOWA CITY, IOWA By: Regenia D. Bailey, Mayor By: Marian K. Karr, City Clerk area substantially to its prior condition, with the exception of bs and brush. ill inure to the benefit of and brad the successors and assigns of the shall be deemed a covenant wh$ch runs with the land and with the hall be recorded in the Johnson County Recorder's Office, at IOWA CITY AIRPORT COMMISSION By: Howard Horan, ATTEST: Janelle Retti ,Secretary Date Date Approved by City Attorney's Uttice 4 MERSCHMAN SEEDS, INC. By ss: CITY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this _ day of Date 08, before me, a Not Public in an for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. K , to me per nally known, and, who, being by me duly sworn, did say that they are the Mayor and City Cle ,respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing inst ent ' the corporate seal of the corporation, and that the instrument was signed and sealed on b hal of the corporation, by authority of its City Council, as contained in Resolution No. passed by the City Council on the day of 08, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the inst m nt to be their voluntary act and deed and the voluntary act and deed of the corporation, by ' volu tarily executed. Notary~ublic in and My CHMAN ACKN STATE OF IOWA CO This instrument the State of Iowa acknowledged before me o (name of (type of authority, e.g, Merschman Seec,~s, Inc. 2008 by person) as officer, trustee, etc.) of Notary Public in a~d for the State of Iowa . ~ EXHIBIT` "A" 0 0 0 EU O ~~ ~~ ~o L ~ a I ~ N ' 3 C ~I' ` ' ~ _~ ter IOWA CITY ' } .MUNICIPAL AIRPORT O TP i y<,. ~ . ~ O TP i~ ~ ~ a j '~ ~ ` NW 1/4 of SE I/4 ~ . ~ NE I/4 of SE I/ ~ r' ~," 1/4 Sect ion Line ~' ~' ~I~ ' , i ~' ~~~ ~~: ~~ -r to '' ' ~~ ;. i ~ -, e; ~~;. ~~`' Existing 50' ROW ,' ' ' x - -- x x---- ----------"-------- -- 2 R 29.5' ~ ~ LI ~m~X 860 i 861 90 a 862 863 MORMON TREK BLVD,. Sta. 8~ +23.52 /: ~ ' ~ 0 50 100 ~ '~ ' SCALE IN FEET ; i ~~ ~ ~ ~ PROPOSED _ - - ~ ' - - - MERSCHMAN SEEDS ENTRANCE ~J~J~/ ~ ' ^~ l Date: IOWA CITY MUNICIPAL AIRPORT 01 /22/08 Figure - _ _ _ _ Pr°;e°t N°. ~ EarthTech - _ - - _ - _ _ _ _ - A `yC~ IntematianelLtd.Comvany. LEASE This LEASE AGREEMENT ("Le~") is entered into among e City of Iowa City ("City"), the Iowa City Airport Commis on ("Commission"), and M rschman Seeds, Inc. ("Merschman") in Iowa City, Iowa. WHEREAS, the Iowa City A' ort Commission ("Commi sion") contracts with Farmers National Company to manage agricu tural land within the Iowa ity Airport ("Airport"); WHEREAS, the Commission as approved a lease b ween Farmers National Company and Regennitter Farms, Inc. ("agricult ral lease") for the p iod of March 1, 2008 to February 28, 2010 with two conditions; WHEREAS, the two conditions e side agre ents to control access to the leased space and to construct an access way from Mo on Trek lvd. to the north south runway and WHEREAS, Merschman Seeds, Inc (" erschman") intends to contract with Regennitter Farms, Inc. to plant, harvest, and manage pl for research, show, and promotional purposes on a portion of the land covered by the agricul al lease. IT IS THEREFORE AGREED A:S FOLLOWS: 1. Leased Premises. T City and ommission do hereby lease to Merschman the approximate 4,200 square foot ar a depicted on Exhibit A, which is attached and incorporated herein and which is a strip of lan~cl 24 feet wide b 175 feet long between Mormon Trek Blvd. and the centerline of the southern e d of runway 18/36 t the Iowa City Airport ("Leased Premises"). 2. Term. The rm of this Lease will be from March 1, 2008 to February 28, 2010. In the event Merschman co times to occupy the Lea ed Premises beyond the term of this Lease Agreement without exe ting an agreement for anoth r term, such holding over shall not constitute a renewal of this Leas Agreement but shall be on a m nth-to-month basis only. 3. Re .Merschman shall pay no rent. In onsideration for not paying rent under this Lease, Merschm agrees to construct an access way etween Mormon Trek Blvd. and runway 18/36 as provid d in Paragraph 4 below. 4. Access Way. Merschman shall constru t, at its sole cost, an access way from Mormon T ek Blvd. to runway 18/36 at the Iowa City 'rport according to City specifications. Said acce s way shall be located partially on the Leased emises and partially on City right-of- way, as epicted on Exhibit A. The City consents to Me schman constructing a portion of the access ay on the City right-of--way, and Merschman knowledges that it does not have exclusi use of City right-of--way. Merschman shall main ain the access way at its sole cost throughout the term of this Lease. All improvements t the Leased Premises made by Merschman shall be and remain the property of Merschma through the term of this Lease. Upon termination of this Lease, whether by breach, default, xpiration of lease, or otherwise, title to Merschman's improvements shall be and become the s le and absolute property of the City and the Commission, and Merschman shall thereupon be required to return and deliver up to the City and the Commission the Leased Premises and Merschman's improvements thereon. 5. Sublease/Assi nmen : ~ Merschman shall not sublease the ased Premises or assign this Lease without the prior itten approval of the City and the Com fission. 6. Non-Discriminati n. Merschman shall not discriminate against any person in employment or public accommod tion because of race, religion, color, c ed, gender identity, sex, national origin, sexual orientat on, mental or physical disabilit , marital status or age. "Employment" shall include but not be limited to hiring, accep 'ng, registering, classifying, promoting, or referring to employ ent. "Public accommodation" all include but not be limited to providing goods, services, faciliti s, privileges and advantages the public. 7. Insurance. Mersc an shall at its own exp nse procure and maintain general liability and casualty insurance in a c mpany or companies uthorized to do business in the State of Iowa, in the following amounts: Type of Coverage a. Comprehensive General L bility Each Occurrence Aggregate Bodily Injury & Property mag $1,000,000 $2,000,000 b. Automobile Liability Combined Single Limit Bodily Injury & Property Da age $1,000,000 c. Excess Liability Each Occurrence Aggregate $1,000,000 $1,000,000 d. Worker's Compensat'on Insurance s required by Chapter 85, Code of Iowa. Merschman's insurance c rrier shall be A r ted or better by A.M. Best. Merschman shall name the City of Iowa City d the Commission as additional insureds. Merschman shall deliver to the City and the ommission, within t irty (30) days of execution of this lease agreement, Certificates of nsurance and copies o said policies, naming the City and the Commission as additional ~ sured. Merschman shall rovide fifteen (15) days' notice to the City and the Commission befo~cancellation of said insuran e. 8. Indemn' ication of Merschman. Mersc an agrees to release, indemnify and hold the Commissio and the City of Iowa City, their offs ers and employees harmless from and against any and all 'abilities, damages, business interrupti ns, delays, losses, claims, judgments, of any kind whats ever, including all costs, attorneys' fees, nd expenses incidental thereto, which may be su ered by, or charged to, the Commission a d/or the City of Iowa City arising: (a) by reason of e injury to person or property from whate r cause (other than by negligent acts or omissio s to act by the Commission and the City of Io a City, its officers and employees) w file in, on or near the Leased Premises or with t e improvements or personal property in or on the Leased Premises, including any liability f r injury to the person or personal 2 property of the Commission and the City of Iowa City its officers and employees; (b) By reason of any work performed on the Leased Premises or materials furnished on the Leased Premises as provided in this Agreement, the Gate Agreement, and the Temporary Easem nt Agreement (other than negligent acts or omissions to act by the Commission and the 'ty of Iowa City, its officers and employees); (c) by reason of erschman's failure to perfo any provision of this Agreement or to comply with any require ent imposed upon it or on t Leased Premises in accordance with this Agreement. The Co mission, City of Iowa City its officers and employees will indemnify Merschman for any loss or amage to Merschman's ersonal property as a result of any negligent acts or omissions to act of he Commission, City f Iowa City, it officers and employees. Within 30 days of the time eithe the Commission a City of Iowa City or Merschman and Regennitter Farms, Inc. hav knowledge of an claim that may give rise to the provisions in this paragraph, each party shall rovide the othe with notice of the possible claim to the address of the other party as set forth in Paragraph ni (9) of this Agreement. 8. Indemnification of Regennitter 1 release, indemnify and hold the Commission ar employees harmless from and against any and delays, losses, claims, judgments, of any kind and expenses incidental thereto, which may be and/or the City of Iowa City arising: (a) by reap whatever cause (other than by negligent acts or of Iowa City, its officers and employees) while s In .Regennitter Farms, Inc. agrees to C' y of Iowa City, their officers and ~b' hies, damages, business interruptions, ever, including all costs, attorneys' fees, ,red by, or charged to, the Commission ~f the injury to person or property from ssions to act by the Commission and the City -n or near the Leased Premises or with the improvements or personal property in or on th Lea ed Premises, including any liability for injury to the person or personal property oft e Com fission and the City of Iowa City, its officers and employees; (b) By reason of an work p rfor provided in this Agreement, the Gate Agre ment, and the (other than negligent acts or omissions to pct by the C m~ officers and employees); (c) by reason o~Regennitter r provision of this Agreement or to comply with any req ~r Premises in accordance with this Agreement. The Com i and employees will indemnify Regeruiitter Farms, Inc. f Farms, Inc. personal property includfng but not limited to acts or omissions to act of the Commission, City of Iowa ned on the Leased Premises as Temporary Easement Agreement nission and the City of Iowa City, its ns, Inc. failure to perform any °ment imposed upon it or on the Leased ssion, City of Iowa City, its officers • any loss or damage to Regennitter equipment as a result of any negligent ~ity, it officers and employees. 9. Notices. Any notice, for which provision is ade in this Lease, shall be in writing, and may be given by either party to the other, in addition t any other manner provided by law, in any of the following ways: f a. by service in the manner provided by law for th~ service of original notice, or b. by sending said Notice by certified or registered mail, return receipt requested, to the last known address. Notices shall be deemed have been received on the date of receipt as shown on the return receipt. (1) If to the City, addressed to: City Engineer City Hall 410 E. Washington St. Iowa~City, IA 52240 (2) If to the Com fission, addressed to: Commi ion Chairperson Iowa Cit Airport 1801 S. Ri erside Driv . Iowa City, 52240 (2) If to Merschman, add esse to: Joseph H. Mer an President & CE Merschman Se d Inc. P.O. Box 67 103 Avenue West Point IA 5265 -0067 10. Integration. This Leas constitutes th entire agreement between the parties, and as of its effective date supersedes all rior independen agreements between the parties related to the leasing of the Leased Premises. ny change or mod ication hereof must be in writing signed by both parties. 11. Waiver. The w aver by either party of an covenant or condition of this Lease shall not thereafter preclude s ch party from demanding erformance in accordance with the terms hereof. 12. Severability. f a provision hereof shall be fina ly declared void or illegal by any court or administrative age cy having jurisdiction over the part s to this Lease, the entire Lease shall not be void, but the emaining provisions shall continue i effect as nearly as possible in accordance with the origi al intent of the parties. 13. Securit Merschman acknowledges that the FAA or another governmental entity or subdivision may e act laws or regulations regarding security at g eral aviation airports such that the Commissior~may not be able to comply fully with its obliga 'ons under this Lease, and Merschman agrees at the Commission shall not be liable for any da ages to Merschman that may result from sad non-compliance 4 llate CITY'S A EMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of 2008, before me, a Notary Pu lic in and for the State of Iowa, personally appeared Regenia D. Bailey and Mari K. Karr, t me personally known, and, who, being by me duly sworn, did say that they are the Ma or and ity Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoin instr ment is the corporate seal of the corporation, and that the instrument was signed and Seale on ehalf of the corporation, by authority of its City Council, as contained in Resolution No. passed by the City Council on the day of , 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the 'ns rument to be their voluntary act and deed and the voluntary act and deed of the corporation y i voluntarily executed. Nota~rv Public in anal for the State of Iowa commission expi~es: CHMAN ACKNO~JLEDGEMENT STATE OF IOWA %' ) ss: CO~TNTY ) This instrument Merschman Suds, Inc. 2008 by person) as ity, e.g, officer, trustee, etc.) of Notary Public in and for they-State of Iowa acknowledged before me on (name (type of 6 )08 by as ;tc.) of _„~„ _._u_.,~v~.,~; .; y _ ~~~._._ O TP NW 1/4 of SE I/4 I/4 Sect ion Line ___ ~I~H~B~ 1 rrfln ao ~, ~ N ~ IOWA CITY .MUNICIPAL AIRPORT O TP 0 ~~ ~` E 1/4 of SE I/4 2.89'_ r ~~ c~ ~~d ~ 6~ tM~~ Se ~ -r _ Existing 50' ROW -x x-- 860 ' I 861 MORMON TREK BLVDa Sta. S11+23.52 0 ~~ 0 m~ cc '~ ~ a .- I LIZ ~ .+~, ax 90 ° gg2 863 \ 0 50 100 i SCALE IN FEET PROPOSED _ - _ _ -.- MERSCHMAN SEEDS ENTRANCE ~t~J ~ Date: IOWA CITY MUNICIPAL AIRPORT O1 /22/08 Figure _ _ _ _ _ Pr°;e~t N°' ~ EarthTech _ - _ _ - -- - _ _ _ A'~'l~CO Intematlanel Ltd. Company p'-' ` rv~-i-~, C, Prepared by Eric R. Goers, Assistant City Attorney, 410 E. Washington, Iowa City, IA 52240, (319) 356-5030 RESOLUTION NO. 08-51 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, Nina Siegal filed a lawsuit in the Johnson County District Court, No. LACV067129 against the City of Iowa City with regard to alleged injuries sustained by Ms. Siegal on May 3~d 2006, as a bicyclist riding through City Park; and WHEREAS, all parties in this matter have arrived at a settlement agreement and wish to resolve the claim without further litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Nina Siegal in the amount of $45,000 in full satisfaction of any and all claims which the claimant and/or parties may have against the City in the above matter, in consideration of the claimant's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Johnson County District Court case No. LACV067129 should be and is hereby settled, and said settlement, as previously discussed in executive session earlier this day, February 19, 2008, is hereby ratified for the sum of $45,000 payable to Brady and O'Shea Client Trust Account, in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of appropriate releases and dismissal of the City of Iowa City from Johnson County District Court case No. LACV067129, with prejudice. Passed and approved thisl9th day of February , 2008. Ap roved by ~~~ ~ City Attorney's Office Resolution No. 08-51 Page 2 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 X Correia X Hayek X O'Donnell X Wilburn X Wright