HomeMy WebLinkAbout2008-06-03 ResolutionM ~ 06-0 -08
4e(1)
Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138
RESOLUTION NO. 08-150
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 17, 2008, ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE 2008 DURABLE PAVEMENT MARKING PRO-
JECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING,
AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR
PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 17T" day of June,
2008, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 3rd day of
ATTEST: l/ ..~,,o.,,,i 1f' - ,~~.ini
CIT LERK
20~_.
pwengtres\pavement mk9 set ph doc
Resolution No. 08-150
Page 2
It was moved by Champion and seconded by writhe the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
_~_
x
S
X
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
ABSTAIN:
x
wpdafa/glossarylresolution-ic.doc
M d os-o -os
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Prepared by: Daniel Scolt, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144
RESOLUTION NO. 08-151
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 17, 2008 ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE 2008 SANITARY SEWER REHABILITATION
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 17'" day of June,
2008, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 3rd day of
ATTEST: //'Ii.wn~.J ~pM/
C Y JERK
20~_.
~7/~~
Pweng/res/2008sanswer-setph.tloc
5/08
Resolution No. 08-151
Page 2
It was moved by chamuion and secronded by wriQht the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
~_
x
x.
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
ABSTAIN:
x
wpda Wglossary/resolutionic.doc
~~ ~ 06-03-OS
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Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149
RESOLUTION NO. 08-1 52
RESOLUTION SETTING A PUBLIC HEARING ON JUNE 17, 2008, ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR
THE CONSTRUCTION OF THE HIGHLAND COURT WATER MAIN EXTENSION
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID
HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS
ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 17~' day of June,
2008, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting
is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 3rd day of
ATTEST: //1~ ~_ o.rn~
CITY LERK
pwengtres/highlanddezi-setph.tloc
03/08
.ln~rN, ....,...,~
City Attorney's Office~~.`7~0~
Resolution No. 08-1~2 _
Page 2
It was moved by Champion and seconded by wriQht the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
.Wilburn
Wright
ABSTAIN:
x
wpdatalgbssary/resd W on-ic. doc
~~ os-a -os
4e 4
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. O8-153
RESOLUTION SETTING PUBLIC HEARING FOR JUNE 17, 2008, ON A
PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 960
LONGFELLOW PLACE.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No.
93-255 approving the Section 5(h) Implementing Agreement for the conversion of public
housing to private ownership, also known as the Tenant-to-Ownership Program; and
WHEREAS, under this agreement the proceeds from such sales must be used to expand
affordable housing opportunities in Iowa City; and
WHEREAS, the proceeds from such sales are used to provide affordable housing under the
City's Affordable Dream Home Program ("ADHOP"); and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 960
Longfellow Place, Iowa City; and
WHEREAS, the City has received an offer to purchase 960 Longfellow Place for the principal
sum of $147,000; and
WHEREAS, this sale would provide the opportunity for aloes-income family to obtain ownership
of their own home; and
WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase
of the home.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. The City Council does hereby declare its intent to convey a single family home located at
960 Longfellow Place, Iowa City, Iowa, also known as Unit 960 Longfellow Place of Lot
11, Longfellow Manor Condominiums, for the sum of $147,000.
Resolution No. 08-153
Page 2
A public hearing on said proposal should be and is hereby set for June 17, 2008, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter
as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause
notice of said public hearing to be published as provided by law.
It was moved by champion and seconded by wri~ht the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: aBSTnzN:
x Bailey
x Champion
X Correia
Hayek x
x O'Donnell
x Wilburn
x Wright
Passed and approved this 3rd day of June , 2008.
MAYO
ATTEST: ~a~...J ~ • ~~ev/
CI CLERK
Approved by
`~~"~)
City Attorney's Office
Resolution No. os-t 53
Page 2
2. A public hearing on said proposal should be and is hereby set for June 17, 2008, at 7:00
p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa
dity, Iowa, or if said meeting is cancelled, at the next meeting of the ty Council thereafter
as posted by the City Clerk, and that the City Clerk be and is h eby directed to cause
notice of said public hearing to be published as provided by law
It was moved bjt Cham ion and seconded by ri ht the Resolution be
adopted, and upo roll call there were:
A
x
x
x
~_
x
Passed and approved this
Approved by
~-ae_~K
NAYS: ABSENT:
of
ATTEST:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
2008.
RK
City Attoyhey's Office
06-03-OS
~~`~ ~ ~ 4f(1)
Prepared by: Steve Long, Comm. Dev. Coordinator, 410, E. Washington St., Iowa City, IA 52240 (319) 356-5250
RESOLUTION NO. 08-154
RESOLUTION TO AMEND THE FY06 AND FY08 ANNUAL ACTION PLANS, WHICH ARE A
PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS).
WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa
City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan
(CITY STEPS) to plan for the use of federal funds to assist lower income residents with
housing, jobs and services; and
WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a
recommendation to amend the FY06 Annual Action Plan at its meeting on May 15, 2008, to
reflect the cancellation of the FY06 CDBG-funded down payment assistance program and The
Housing Fellowship's FY06 HOME-funded affordable rental housing program;
WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a
further recommendation to amend the FY08 Annual Action Plan at its meeting on-May 15, 2008,
to reflect the request by Iowa Valley Habitat for Humanity to use FY08 HOME funds to acquire
land for the construction of four, rather than three, single-family homes; and
WHEREAS, according to CITY STEPS, these are considered substantial changes to the FY06
and FY08 Annual Action Plans and require City Council approval; and
WHEREAS, the City has disseminated information and received input at the May 15, 2008
HCDC meeting on the proposed amendments; and
WHEREAS, adoption of the Amended FY06 and FY08 Annual Action Plans are required by the
U.S. Department of Housing and Urban Development; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of the
Amended FY06 and FY08 Annual Action Plans.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City of Iowa City's amended FY06 and FY08 Annual Action Plans, copies of which
are on file in the Planning and Community Development Department, are hereby
approved and adopted.
2. The City Manager of Iowa City is hereby authorized and directed to submit the
applicable documentation for the City of Iowa City's Amended FY06 and FY08 Annual
Action Plans to the U.S. Department of Housing and Urban Development, and is further
authorized and directed to provide all the necessary certifications required by the U.S.
Department of Housing and Urban Development in connection with said Plans.
Resolution No. os-t 5a
Page 2
Passed and approved this 3rd day of June , 2008.
// Approv~d by~
may, ' / v c~.~ ~' d ~ '°d'
ATTEST: //1~..~r~.~~ f~ . `K~rs./
CITY LERK City Attorney's Office
It was moved by Champion and seconded by wrieht the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: AssTAIN:
~_ Bailey
x Champion
_~ Correia
Hayek x
_~ O'Donnell
x Wilburn
x Wright
Ppacany~.ioncnr~.~aca.aoc
06-03-0
4f(2)
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington Sl., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 08-155
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC
IMPROVEMENTS FOR FIRST AMERICAN BANK ADDITION PROJECT.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer improvements for First American Bank Addition, as constructed by Carter
& Associates of Coralville, Iowa.
WHEREAS, the maintenance bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 3rd day of
ATTEST: r~~(ausc c/ ~ `7~aM/
CITY LERK
20~_.
~'/~~~
City Attorney's OfficeS~a 7/og'
It was moved by (:hampion and seconded by wtigl,c the Resolution be
adopted, and upon roll call there were:
AYES:
_~
x
x
x
x
X
P W ENG\RES\SanSewer-acplwk.doc
NAYS: ABSENT: AaSTAIN:
Bailey
Champion
Correia
Hayek x
O'Donnell
Wilburn
Wright
r.
~;~rr° C~ti~~~'~
:`~rrl®r~il
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240- 1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
ENGINEER'S REPORT
May 22, 2008
Honorable Mayor and City Council
Iowa City, Iowa
Re: First American Bank Addition
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer public improvements for the First
American Bank Addition has been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City. The required maintenance
bond is on file in the City Clerk's office for the sanitary sewer improvements constructed by
Carter & Associates of Coralville, Iowa.
I recommend that the above-referenced improvements be accepted by the City of Iowa City
Sincerely,
Ronald R. Knoche, P.E.
City Engineer
PW ENG\EngRpt-FirstAm Bank-Atltltatloc
,r r 06-03-08
,V {l(~/ 4f 3
Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 08-156
RESOLUTION ACCEPTING THE WORK FOR THE RECONSTRUCTION OF
THE PAVEMENT AND ASSOCIATED STORM SEWER FOR THE ALLEY
LOCATED IN BLOCK 40 OF ORIGINAL TOWN.
WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City:
Reconstruction of the pavement and associated storm sewer for the alley located in Block
40 of Original Town as constructed by All American Concrete, Inc. of West Liberty, Iowa.
WHEREAS, the maintenance bond has been filed in the City Engineer's office; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 3rd day of
ATTEST: ~.~~~
CITY LERK
20_q-g-_.
It was moved by champion and seconded by wrighr the Resolution be
adopted, and upon roll call there were:
AYES:
X
~_
x
~-
X
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
ABSTAIN:
x
P W ENGUtES\SanSewerBlock40-acptwk. tloc
City Attorney's Office s~a8" r7g
L k ~~
~r
"m~~ ~
-•..ar__
CITY OF IOWA CITY
410 East Washington Strcct
Iowa City. Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
ENGINEER'S REPORT
May 22, 2008
Honorable Mayor and City Council
Iowa City, Iowa
Re: Alley located in Block 40 of Original Town
Dear Honorable Mayor and Councilpersons:
I hereby certify that the reconstruction of the pavement and associated storm sewer for the alley
located in Block 40 of Original Town has been completed in substantial accordance with the
plans and specifications of the Engineering Division of the City of Iowa City. The required
maintenance bond is on file in the City Engineer's office for the reconstruction of said alley
pavement and associated storm sewer constructed by All American Concrete, Inc. of West
Liberty, Iowa.
The alley is an east/west alley located east from Van Buren Street; it dead ends at Ralston
Creek. New Pioneer's Cooperative Society, an adjacent property owner, has paid for the
project's design and reconstruction costs. By agreement, the City will reimburse New Pioneer's
Cooperative Society for half of the reconstruction cost, which amounts to $21,989.75.
I recommend that the above-referenced improvements be accepted by the City of Iowa City.
Sincerely,
~~~~
Ronald R. Knoche, P.E.
City Engineer
P W ENG\EngRp4Alley-Block40.tlac
M~-~
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 08-157
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 UNIVERSITY VIEW PARTNERS, AND TENANT TAKANAMI
LLC D/B/A TAKANAMI, FOR A SIDEWALK CAFE
6- 3-0
4f 4
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, University View Partners, as landlord, and Takanami LLC, d/b/a Takanami, as
tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 219
Iowa Ave., 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 103-3; 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 Recorder at Applicant's expense.
Passed and approved this 3rd day of
ATTEST: //'/Q/L~i?~s~ X
CI CLERK
Sune , 2008.
c
Approved by:
City Attorney's Office
Resolution No. 08-157
Page 2
It was moved by champion and seconded by wriQht the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
ABSTAIN:
x
wpdala/glossary/resolutionac.doc
A ^ I 06-03-08
0 4f 5
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION N0. 08-158
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAVER OF RIGHT TO HEARING FROM HY-VEE FOOD STORE
WHEREAS, on March 10, 2008, an employee of Hy-Vee Food Store, 1201 N. Dodge
Street, Iowa City, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a
minor; and
WHEREAS, at the time of the violation, Hy-Vee Food Store 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 is subject 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, Hy-Vee Food Store 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 paying a $300.00 civil penalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation underlying the above civil penalty is the first such violation
within atwo-year period.
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 $300.00 civil penalty on behalf of Hy-Vee Food Store.
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 cigazette 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: ,Tune 3. 2008
City of Iowa City
ATTEST: ~iJ .® /~- 5~Qi1'cJ
City Jerk, City of Iowa City
Resolution No. 08-158
Page 2
It was moved by Champion and seconded by wriQht the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
ABSTAIN:
x
wpdaia/glossary/resolutionic.doc
M-+~~ 06-03 6
((JJ 4f 6
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 08-159
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM SAMCO OF IOWA CITY, INC.,
DB/A JOE'S PLACE
WHEREAS, on March 11, 2008, an employee of Samco of Iowa City, Inc., d/b/a Joe's
Place, 115 Iowa Avenue, Iowa City, violated Iowa Code § 453A.2(1) by selling or
providing tobacco to a minor; and
WHEREAS, at the time of the violation, Joe's Place 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 is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code § 453A.2(1), after a heating and proper notice; and
WHEREAS, Joe's Place 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 paying a $300.00 civil penalty to the City Clerk of the City of Iowa City;
and
WHEREAS, the violation underlying the above civil penalty is the first such violation
within atwo-year period.
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 $300.00 civil penalty on behalf of Joe's Place.
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 cigazette 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: .Tune ~, 7noR
City of Iowa tty
ATTEST
~ ~ at~~
City Jerk, City of Iowa City
Resolution No. nR-i 59
Page 2
It was moved by Champion and seconded by wrirtht the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT: AssTAIN:
x Bailey
x Champion
x Correia
Hayek g
x O'Donnell
x Wilburn
x Wright
wpdatarglossary/resolutionic.doc
1
~~
i.
City of Iowa City
MEMORANDUM
Date: April 25, 2008
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Comprehensive Plan Amendment -Scott-Six Industrial Park
As mentioned at your last meeting, in order to approve the rezoning of the southwest
corner of the Scott-Six Industrial Park from Intensive Commercial (CI-1) to Community
Commercial (CC-2), a comprehensive plan amendment is necessary.
When deciding whether a change in the Comprehensive Plan amendment is
appropriate, the Planning and Zoning Commission and City Council should determine
what circumstances have changed and/or additional information or factors have come to
light such that the proposed amendment is in the public interest.
Staff notes that there are a number of reasons that an amendment might be appropriate.
Since a grocery store is already located on lots 17 and 18 and the gas
station/convenience store is located on lot 18, there are only 6 remaining undeveloped
CI-1 lots at this corner of the Scott-Six Industrial Park. These lots are fairly small in size
and may be more conducive to small retail, office, and restaurant uses that might get
some economic boost from adjacency to the grocery store and its associated retail
traffic. Since the die has already been cast by the establishment of the grocery store, it
may be in the public interest to acknowledge this corner of two arterial streets as a
commercial node. There may be a need to establish a small commercial node in this
part of town to serve nearby residential areas, employees from the surrounding
industries, and future development as the city grows to the east. When McCollister
Boulevard is eventually extended from the Iowa River and across the South District to
connect with Scott Boulevard traffic volumes will likely increase to a point that will better
support a small concentration of retail businesses in this location. In addition, the City
has plans to.reconstruct 420" Street in the next several years to support further
economic growth in this area and in the area to the east. The City's policy is to
concentrate commercial growth within established nodes near the intersection of arterial
streets rather than encouraging strip commercial development. This intersection may be
a good candidate for such a commercial node given these factors.
A revised Comprehensive Plan Map showing general commercial at the northeast corner
of the intersection of Highway 6 and Scott Boulevard will be presented at the meeting for
your consideration. If the comprehensive plan amendment is approved, this revised plan
map should be incorporated in the Comprehensive Plan.
Approved by: A%*-~n'~ul.G
~f obert Miklo, Senior Planner
Department of Planning and Community Development
~r~.. s-
6b
Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251
RESOLUTION NO. 08-160
A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE
MAP DESIGNATION FOR APPROXIMATELY 70 ACRES OF LAND LOCATED NORTH OF
HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM
INDUSTRIAL TO GENERAL COMMERCIAL.
WHEREAS, the Iowa City Comprehensive Plan serves as a land-use planning guide by
illustrating and describing the location and configuration of appropriate land uses throughout the
City, and also provides notification to the public regarding intended uses of land; and
WHEREAS, if circumstances change and/or additional information or factors come to light, a
change to the Comprehensive Plan may be in the public interest; and
WHEREAS, existing land uses in the subject area and the size of undeveloped lots in the
subject area may make this land more conducive to retail commercial uses; and
WHEREAS, the subject area is at the corner of two arterial streets, which is a location that
may be suitable for a commercial node to serve existing and future residential areas and
employees of nearby industrial and employment centers; and
WHEREAS, traffic is likely to increase to a volume that will support general commercial uses
over the long term along Scott Boulevard and Highway 6 as the city expands to the east and
McCollister Boulevard is extended from the Iowa River and across the South District to connect
with this area; and
WHEREAS, the Planning and Zoning Commission has reviewed this amendment and
determined that circumstances have changed to the extent that an amendment to the
comprehensive plan is warranted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Comprehensive Plan Land Use Map is hereby amended as illustrated on the attached
map and shall be incorporated into the Iowa City Comprehensive Plan.
Passed and approved this 3rd day o'
ATTEST: /~'lcru~.,,J ~ ~ `7Ctvr.~ .~-~ 'l C~ ~C/~~Z~ ~'7?ll~~~lz~.~
CITY iERK ty Attorney's Office ~/z,~~~--
Resolution No. nR-t ~n
Page 2
It was moved by champion and seconded by wriQht the Resolution be
adopted, and upon roll call there were:
AYES:
x
x
-x-
x
x
x
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
.Wilburn
Wright
ABSTAIN:
x
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Prepared by: Adam Ralston, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (VACOS-00002)
RESOLUTION
RESOLUTION APPROVING VACATION OF THE NORTHTOWNE PARKWAY RIGHT-OF-WAY,
AND PARTIAL RELEASE OF PUBLIC ACCESS EASEMENT WITHIN
HIGHLANDER DEVELOPMENT, THIRD ADDITION, IOWA CITY, IOWA.
WHEREAS, the owner, Southgate BP Properties, filed with the City Clerk a request for vacation of
the Northtowne Parkway right-of-way, Iowa City, Iowa, Johnson County, Iowa, located with in the
Highlander Development, Third Addition as shown on the plat attached and incorporated herein as
Exhibit A; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
All of Northtowne Parkway as recorded in the Final Plat of Highlander Development Third Addition in
accordance with the Plat thereof, Book 44, at Page 215, Johnson County Recorder's Office, located
within the Southwest One Quarter of the Southeast One Quarter of Section 36, Township 80 North,
Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly
described as follows:
Beginning at the Northeast corner of Lot 12, Highland Development Third Addition, Iowa City, Iowa, in
accordance with the Plat thereof recorded in Book 44, at Page 215, of the records of the Johnson
County Recorder's Office; Thence N89°48'00"W, along the Northerly line of said Lot 12, a distance of
11.82 feet; Thence Northwesterly 386.50 feet, along said Northerly line and an arc of a 625.00 foot
radius curve, concave Northeasterly, whose 380.37 foot chord bears N72°05'03"W; Thence
N54°22'06W, along said Northerly line, 13.52 feet; Thence Southwesterly 41.19 feet, along said
Northerly line and an arc of a 30.00 foot radius curve, concave Southeasterly, whose 38.03 foot chord
bears S86°17'45"W, to a point on the Westerly Right-of-Way line of Northgate Drive; Thence
Northeasterly 98.86 feet, along said Westerly Right-of-Way-line and an arc of a 250.00 foot radius
curve, concave Northwesterly, whose 98.21 foot chord bears N35°37'49"E, to the Southwest corner
of Lot 11 of said Highland Development Third Addition, Iowa City, Iowa; Thence Southeasterly 41.19
feet, along the Southerly line of said Lot 11 and an arc of a 30.00 foot radius curve, concave
Northeasterly, whose 38.03 foot chord bears S15°01'56"E; Thence 854°22'06"E, along said Southerly
line, 13.52 feet; Thence Southeasterly 355.58 feet, along said Southerly line and an arc of a 575.00
foot radius curve, concave Northeasterly, whose 349.94 foot chord bears S72°05'03"E; Thence
S89°48'00"E along said Southerly line, 11.82 feet, to the Southeast corner of said Lot 11; Thence
S00°12'00"W, 50.00 feet, to said Point of Beginning, containing 0.49 acre, (21,326 square feet), and
subject to easements and restrictions of record.
WHEREAS, the Northtowne Parkway right-of-way was dedicated to the public at the time the
Highlander Development, Third Addition was developed, said dedication being recorded with the
Johnson County, Iowa, Recorder's office in Book 3331, page 257; and
WHEREAS, a public access easement was granted to the City, in part, over and across the eight
foot walkway to be constructed within the 70' Parkway running parallel to Northtowne Parkway right-
of-way, said easement agreement being recorded with the Johnson County, Iowa Recorder's office
in Book 3331, page 285; and
WHEREAS, the applicant and the City desire to enter into an Exchange Agreement, whereby, in
exchange for the vacation and conveyance of Northtowne Parkway, and the release of the adjacent
Resolution No.
Page 2
public access easement over the planned walkway, the applicant will agree to convey a similar parcel
to the City to be dedicated as right-of-way and upon which it will construct a roadway to replace the
herein vacated right-of-way. The applicant will also convey to the City the attendant utility
easement(s) for the replacement right-of-way; and
WHEREAS, the Planning and Zoning Commission has found that the portion of Northtowne Parkway
and the public access easement in question serve no public purpose and are not likely to do so in the
future: and
WHEREAS; the Planning and Zoning Commission has recommended approval of the requested
vacation, subject to retention of certain necessary easements; and
WHEREAS; the Iowa City City Council concurs with the recommendations of the Planning and
Zoning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The said Northtowne Parkway right-of-way located on the above-described real estate be and
the same is hereby vacated and that portion of the public access easement parallel to and
adjacent to Northtowne Parkway within the parkway is hereby released, subject to the
Exchange Agreement attached and incorporated herein.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said vacation
and release. The City Attorney shall record the legal documents and plat at the office of the
County Recorder of Johnson County, Iowa at the expense of the owner/applicant.
Passed and approved this day of
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
20
MAYOR
Approved by
.1+%!l!/A ~~
City Attorney's Office S l,~lo~
and seconded by
AYES: NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
the Resolution be
S/prdls~aH reportslSUB08-00003ISUB08-00003 resolution
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Adam Ralston, Planning Intern
Item: VAC08-00002 Date: May 1, 2008
Northtowne Pkwy east of Northgate Dr
GENERAL INFORMATION:
Applicant: Southgate BP Properties
P.O. Box 1907
Iowa City, IA 52244
Phone: (319) 337-4195
Contact Person: Glenn Siders
Requested Action: Vacation of current Northtowne Parkway right-of-
way in exchange for dedication of a comparable
parcel for relocation of the roadway
Purpose: To allow more suitable development of land for
development and to allow for a more suitable
location of Northtowne Parkway
Location:
Surrounding Land Use and Zoning:
East side of west end of Northgate Drive
North: Undeveloped (ID-RP)
South: Commercial (CO-1)
East: Undeveloped (ID-RP)
West: Commercial (CO-1)
File Date:
BACKGROUND INFORMATION:
April 10, 2008
The applicant, Southgate BP Properties, is requesting the vacation of the Northtowne Parkway
right-of-way for the purpose of allowing more flexibility in the development of its subdivision. If
vacated, the City will retain the necessary easements over the vacated right-of-way and the
applicant will request that the right-of-way be conveyed from the City to the applicant so that it
may be incorporated into lot 12 of Highlander Development Third Addition. In exchange, the
applicant would convey to the City a comparable right-of-way and easement area east of
Northgate Drive and north of the vacated parcel.
ANALYSIS:
Requests for vacation of right-of-way are reviewed with regard to the following factors: 1)
impact on pedestrian and vehicular access and circulation; 2) impact on emergency and utility
vehicle access and circulation; 3) impact on access of adjacent private properties; 4) desirability
of right-of-way for access or circulation needs; 5) location of utilities and other easements or
restrictions on the property; 6) potential use of the property for another public use; and 7) any
other relevant factors pertaining to the specific requested vacation.
Vacation of this piece of right-of-way will not have a negative effect on vehicular access or
circulation, access for emergency or utility vehicles, access to adjacent properties, or desirability
of access for circulation provided that the alternative street location is established as discussed
below.
In exchange for vacating the current Northtowne Parkway right-of-way and conveying it back to
the Applicant, the applicant has agreed to convey a piece of property approximately 450 feet north
of the current Northtowne Parkway for the purpose of relocating the roadway. In addition to this
relocated right-of-way, the Applicant will also convey any associated public and private utilities
adjacent to the new right-of-way. The Applicant shall construct the new roadway according to City-
approved plans and specificiations.
An extension of Oakdale Boulevard from Dubuque Street connecting to Scott Boulevard has
been proposed for several years. Staff has concluded that the proposed location for a new
Northtowne Parkway will result in a more suitable location for a connection to the proposed
Oakdale Boulevard extension. When the final plat for Highlander Development, Third Addition
was approved, the City and Applicant entered into various agreements, including a Developer's
Agreement. Pursuant to that agreement, the City received a letter of credit for the construction
of Northtowne Parkway in its current location. This letter of credit or a comparable letter will
need to be transferred or provided to the City for the construction of roadway in the proposed
new location.
Utility easements along the vacate right-of-way are necessary for both City and private utilities and
should be obtained or retained, as appropriate. Private utilities have been contacted and asked to
identify any utilities currently on-site. If the right-of-way is vacated, the Applicant should grant
easements for any utilities that may exist, or alternatively, the utilities will need to be relocated.
If vacated, the current roadway will no longer be maintained by the city and will become a privately
owned and maintained access drive.
Vacation of this right-of-way would benefit both the landowner and the City. The landowner
benefits in that the land will become more flexible in its use, helping to facilitate development
within the subdivision. The current roadway could be maintained as an access drive or the land
used for another purpose. The City benefits from this action in that it gains a more appropriate
location for Northtowne Parkway in relation to a proposed extension of Oakdale Boulevard. This
will allow for a better configuration where the two roadways will meet.
STAFF RECOMMENDATION
Staff recommends that VAC08-00002, a request to vacate Northtowne Parkway located east of
Northgate Drive be approved, subject to the retention of certain necessary easements, the
dedication of a new right-of-way with necessary easements and an agreement for the construction
of Northtowne Parkway in the new location.
ATTACHMENTS:
1. Location Map
2. Plat showing property to be vacated by the City
3. Plat showing property to be conveyed to the City
Approved by: / "`~~
Robert Miklo, Senor Planner,
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Prepared by: Adam Ralston, Planning Intern, 410 E Washington St., Iowa City, IA 52240; 319-356-5230 (SUBO6-00003)
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY PLAT OF
GALWAY HILLS SUBDIVISION-- PARTS 10 AND 11, IOWA CITY, IOWA.
WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk, an application for approval of the
preliminary plat of Galway Hills Subdivision-Parts 10 and 11, Iowa City, Iowa; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat; and
WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of
the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The preliminary plat of Galway Hills Subdivision-Parts 10 and 11, Iowa City, Iowa, is
hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed
to certify this resolution, which shall be affixed to the plat after passage and approval by
law.
Passed and approved this day of
20
MAYOR
ATTEST:
CITY CLERK
It was moved by and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
Approved by
City Attorney s Office .~ Z Ir~d y
ABSENT:
the Resolution be
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
~~
STAFF REPORT
To: Planning & Zoning Commission
Item: SUB06-00003
Galway Hills Subdivision Parts 10 & 11
GENERAL INFORMATION:
Applicant:
Contact Person
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District
File Date:
45-Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
Prepared by: Robert Miklo
Date: May 1, 2008
Dav-Ed Limited
2300 Cae Drive
Iowa City, IA 52246
(319)337-4818
Scott Pottortf
MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City IA 52241
(319) 351-8282
Subdivision Preliminary Plat
Development of 51-lot single-family residential
subdivision
West of West High School, north of Shannon
Drive and south of Dublin Drive
Approximately 21.75 acres
Undeveloped - RS-5
North: Residential and Church - RS-5
South: Residential - OPD-8
East: School - P-1
West: Residential - RS-5
Single-family Residential
West High (SW6)
June O6, 2007
In July 2007 the applicant requested indefinite
deferral.
Sanitary sewer and water lines are available and
can be extended from adjoining subdivisions
2
Public Services:
The City will provide police and fire protection,
refuse and recycling collection services.
Currently, no regular transit route serves this
area, however, Westside Loop serves this area
during the school-year. After the completion of
the development, the Westwinds transit route
could be extended to serve this area.
BACKGROUND INFORMATION:
Development of the first phase of Galway Hills Subdivision was approved in 1990 and since then
approximately 200 single-family residential lots have been developed. Galway Hills also includes
an 80-unit retirement community and a church on Dublin Drive. The applicant, Dav-Ed Limited, is
now requesting approval for the preliminary plat of Galway Hills Subdivision Parts Ten and Eleven,
a 51-lot residential development with three outlots on approximately 21.75 acres of land. The
property is located south of Melrose Avenue and west of West High school, on Shannon Drive and
Dublin Drive. At the July 12, 2007 meeting, the applicant requested that consideration of this plat
be deferred indefinitely. The applicant is now requesting approval of the preliminary plat.
ANALYSIS:
Comprehensive Plan and Zoning: The property is located in the Southwest Planning District,
and the Southwest District Plan identifies this area as appropriate for 2-8 dwellings per acre. The
Plan specifies the importance of well-designed, diverse neighborhoods served with interconnected
streets, sidewalks, trails, neighborhood commercial centers, institutional uses, and open spaces
with appropriate designs to suit the surrounding single-family residential development. The
Comprehensive Plan depicts the connection of Dublin Drive to Shannon Drive and a connection to
Willow Creek Trail.
The design of Galway Hills Parts 10 and 11 is consistent with the future land-use scenario of the
Southwest District Plan and complies with the RS-5 zoning requirements. All of the lots exceed
the minimum 8,000 square feet lot area standard and meet the minimum 60 feet lot width
requirement.
Subdivision Design: The design of the subdivision is consistent with the subdivision regulations
and the Southwest District Plan. Dublin Drive will be extended to the south to intersect with
Tipperary Road, which will connect to the existing terminus of Tipperary Road in Galway Hills, Part
3. Shannon Drive will provide a street connection from Tipperary Road to the Walden Hills
subdivision to the south. Limerick Lane will provide street access to the lots in the center of the
subdivision.
This street network has been designed to provide a street connection between Galway Hills and
Rohret Road to the south and to provide a connection from Walden Hills to Melrose Avenue. This
is consistent with the concept plan that was first developed for Galway Hills in the early 1990's.
The Walden Hills subdivision was also based on this street concept and Shannon Drive has been
built across the creek to the southern boundary of Galway Hills. The streets have been designed
to be circuitous to discourage cut-through traffic. The resulting street pattern will improve access
for emergency vehicles and make it more efficient for the City to provide services, such as snow
removal and trash and recycling collection. This street connection will allow a City bus route to be
established between Melrose Avenue and Rohret Road resulting in improved transit service for
much of the area. The City bus cannot be operated without this connection of Shannon Drive.
This connection will also allow more efficient school bus routing. In general traffic circulation will
ppEatlmin\stlrep\sub06-00003 galwayparix-xi-prelim_may2008 doc
be improved in for these two subdivisions.
An 8-foot wide sidewalk is shown on the west side of the Shannon Drive and is continued further
on the east side of Tiperrary Drive and Dublin Drive. This walkway will provide pedestrian access
from the neighborhood to the Willow Creek Trail located to the south.
Open Space: At the time of initial zoning approvals for Galway Hills, a Conditional Zoning
Agreement required the dedication of 6 acres of open space to allow the extension of the Willow
Creek Trail. Three of the required acres are located in Galway Hills, Part 3, located to the west of
this property. This plat will include the dedication of Outlot A and B. The total area of these
outlots equals 3.03 acres and will satisfy the dedication requirement.
Willow Creek Trail runs east-west though Outlots A and B. The trail is proposed to be continued
further to the west as part of a regional trail network. A temporary recycled asphalt trail now
connects it to the existing sidewalk on Tiperrary Drive. With the development of this subdivision
and release of the trail easement on proposed lot 222, this trail should be removed and replaced
with grass. The wide sidewalks along the proposed streets in this subdivision will become part of
this network connecting Melrose Avenue and Rohret Road.
Sensitive Areas: The property contains environmentally sensitive areas including wetlands and a
portion of a stream corridor. The applicant has provided a Sensitive Areas Site Plan that shows
the stream corridor, wetlands and their associated buffers. Most of the sensitive areas are part of
Outlots A and B, which will be dedicated to the City. The sensitive areas will remain undisturbed
except for the installation of necessary infrastructure. Therefore, a sensitive areas development
overlay rezoning is not required.
Storm Water Management: This development will share the existing storm water management
facility in Outlot C on the west side of this property with Galway Hills Subdivision, Part Three. The
storm water from the southern section of the proposed subdivision will drain into the wetland area
and to the stream corridor. Adequate erosion control measures must be taken to protect the
ground around the existing trail and ensure that the stream corridor is not negatively affected by
the drainage. These issues should be addressed in the Sensitive Areas Site Plan and grading and
erosion control plan that will be reviewed and approved by staff.
Infrastructure Fees: Water main extension fees at the rate of $395.00 per acre (a total of
$8,591.25 for 21.75 acres) apply to this subdivision.
STAFF RECOMMENDATION:
Staff recommends that SU606-00003, a preliminary plat for Galway Hills Subdivision Parts Ten
and Eleven, a 51-lot, approximately 21.75-acre, residential subdivision located west of West High
School, on Shannon Drive and Dublin Drive, be approved.
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Galway Hills Concept Plan
A roved b : Y ~~~~~2
PP Y
Jeff D vidson, Director,
Department of Planning and Community Development
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06-03-OS
6i
~~~7
Prepared by: Adam Ralston, Planning Intern, 410 E Washington Street, Iowa City, IA 52240; 319-356-5230 (SUBOS-
00006)
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLATS OF GALWAY HILLS SUBDIVISION -
PARTS 10 AND 11, IOWA CITY, IOWA.
WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk of Iowa City, Iowa, the final plats
of Galway Hills Subdivision -Parts 10 and 11, Iowa City, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
Part 10 - Beginning at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of
Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa; Thence S89°35'26"W, along the South Line of said Southwest Quarter of the Northeast
Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book
38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the
Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded
in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence
N13°15'37"W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66
feet; Thence S76°44'23"W, along said East Line, 170.00 feet; Thence N13°15'37"W, along said East
Line, 185.00 feet; Thence S76°44'23"W, along said East Line, 12.88 feet; Thence N13°15'37"W, along
said East Line, 85.00 feet; Thence N76°44'23"E, 120.00 feet; Thence N13°15'37"W, 5.00 feet; Thence
N76°44'23"E, 170.00 feet; Thence N09°47'24"W, 91.71 feet; Thence S88°21'23"E, 88.39 feet; Thence
N00°10'02"W, 22.95 feet; Thence N89°49'58"E, 151.00 feet; Thence N00°10'02"W, 292.00 feet; Thence
S89°49'58"W, 314.00 feet; Thence S72°25'10"W, 173.67 feet; Thence N89°22'37"W, 81.14 feet; Thence
N66°10'08"W, 48.25 feet; Thence N51°34'04"W, 69.80 feet; Thence N35°19'45"W,78.38 feet; Thence
N23°08'02"W, 8.12 feet, to a Point on the East Line of said Galway Hills Subdivision, Part Three; Thence
N05°26'24"W, along said East Line, 107.98 feet; Thence S64°52'30"W, along said East Line, 127.01 feet;
Thence N89°40'41"W, along said East Line 108.05 feet, to a Point on the Southerly Line of Galway Hills
Subdivision -Part Eight, in accordance with the plat thereof Recorded in Plat Book 47, at Page 111 of
the Records of the Johnson County Recorder's Office; Thence N61°29'00"E, along said Southerly Line ,
115.16 feet; Thence N34°29'52"E, along said Southerly Line, 106.22 feet, to the Southeast Corner
thereof, and a Point on the South Line of Galway Hills Subdivision -Part Nine, in accordance with the plat
thereof Recorded in Plat Book 47, at Page 110, of the Records of the Johnson County Recorder's Office;
Thence N07°03'26"E, along said South Line, 136.28 feet; Thence S82°56'34"E, along said South Line,
20.00 feet; Thence S07°03'26"W, along said South Line, 125.00 feet; Thence S83°27'53"E, along said
South Line, 74.99 feet; Thence S87°32'11"E, along said South Line, 79.86 feet; Thence N89°48'19"E,
along said South Line, 96.82 feet; Thence N79°47'13"E, along said South Line, 63.50 feet; Thence
N78°18'51"E, along said South line, 67.61 feet, to the Southeast Corner thereof, and a Point on the South
Line of Galway Hills Subdivision -Part Seven, in accordance with the plat thereof, Recorded in Plat Book
46, at Page 166, of the Records of the Johnson County Recorder's Office; Thence N74°31'24"E, along
said South Line, 101.52 feet; Thence S15°28'36"E, along said South Line, 41.35 feet; Thence
N74°31'24"E, along said South Line, 66.00 feet; Thence N89°49'58"E, along said South Line, 406.54
feet, to the Southeast Corner thereof, and a Point on the East Line of the Southwest Quarter of the
Northeast Quarter of said Section 18; Thence S00°10'02"E, along said East Line, 1286.98 feet, to the
Point of Beginning. Said Tract of land contains 16.52 acres, and is subject to easements and restrictions
of record.
Part 11 -Commencing at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of
Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson
County, Iowa; Thence S89°35'26"W, along the South Line of said Southwest Quarter of the Northeast
Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book
Ordinance No.
Page 2
38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the
Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded
in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence
N13°15'37"W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66
feet; Thence S76°44'23"W, along said East Line, 170.00 feet; Thence N13°15'37'1N, along said East
Line, 185.00 feet; Thence S76°44'23"W, along said East Line, 12.88 feet; Thence N13°15'37"W, along
said East Line, 85.00 feet, to the Point of Beginning; Thence continuing N13°15'37"W, along said East
Line, 26.42 feet; Thence N30°34'46"W, along said East Line, 153.93 feet; Thence N17°18'04"W, along
said East Line, 396.07 feet; Thence N05°26'24"W, along said East Line, 20.12 feet, to a Point on the
West Line of Galway Hills Subdivision Part Ten, in accordance with the Recorded Plat Thereof; Thence
S23°08'02"E, along said West Line, 8.12 feet; Thence S35°19'45"E, along said West Line, 78.38 feet;
Thence S51°34'04"E, along said West Line, 69.80 feet; Thence S66°10'08"E, along said West Line,
48.25 feet; thence S89°22'37"E, along said West Line, 81.14 feet; Thence N72°25'10"E, along said West
Line, 173.67 feet; Thence N89°49'58"E, along said West Line, 314.00 feet; Thence S00°10'02"E, along
said West Line, 292.00 feet; Thence S89°49'58"W, along said West Line, 151.00 feet; Thence
S00°10'02"E, along said West Line, 22.95 feet; Thence N88°2123"W, along said West Line, 88.39 feet;
Thence S09°47'24"E, along said West Line, 91.71 feet; Thence S76°44'23"W, along said West Line,
170.00 feet; Thence S13°15'37"E, along said West Line, 5.00 feet; Thence S76°44'23"W, along said
West Line, 120.00 feet, to the Point of Beginning. Said Tract of land contains 5.23 acres, and is subject tc
easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plats and subdivisions, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plats and subdivisions and
after due deliberation, recommended acceptance and approval of the plats; and
WHEREAS, a dedication has been made to the public, and the subdivisions have been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plats and subdivisions conform with all of the requirements of the
Ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
The final plats of Galway Hills Subdivision-Parts 10 and 11, Iowa City, Iowa located on
the above-described real estate are hereby approved.
2. The City accepts the dedication of the streets, easements and public open space as
provided by and specifically set aside portions of land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivisions, and to certify this resolution, which shall be affixed to the final plats after
passage and approval by law. The City Clerk shall record the legal documents and the
plats at the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this day of , 20
Ordinance No.
Page 3
ATTEST:
CITY CLERK
YOR
Apprpved by
~«~ ddzum,;rya/ ~~ffe-i,
City Attorney's Office 3 yz~~~
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
the Resolution be
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
STAFF REPORT
To: Planning & Zoning Commission
Item: SU608-00006 Galway Hills
Parts 10 and 11 Final Plat
GENERAL INFORMATION:
Applicant:
Prepared by: Robert Miklo
Date: May 15, 2008
Dav-Ed Limited
2300 Cae Drive
Iowa City, IA 52246
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45-Day Limitation Period:
60-Day Limitation Period:
BACKGROUND INFORMATION:
Scott Pottorff
319 351 8282
Final plat approval
Part 10 - 35 residential lots
Part 11 - 16 residential lots
South of Dublin Drive
North of Shannon Drive
Part 10 -16.52 acres
Part 11 - 5.23 acres
Undeveloped, RS-5
North: Residential and church, RS-5
South: Residential, OPD-8
East: School, P-1
West: Residential, RS-5
Residential 2-8 dwelling units per acre
April 24, 2008
June 8, 2008
June 23, 2008
The Commission is currently reviewing the preliminary plat of Galway Hills Parts10 and 11
(see staff report for SUB06-00003). Approval of this final plat depends on City Council
approval of the preliminary plat.
ANALYSIS:
The final plats of Galway Hills Part 10 & 11 conform to the pending preliminary plat and
comply with the subdivision regulations. The City Attorney is reviewing legal papers.
The City Engineer is reviewing construction drawings. These documents should be
approved by staff prior to City Council consideration of the final plats. Assuming that the
Commission forwards a recommendation on the preliminary plat, the final plat may be
considered by the City Council at the same Council meeting.
STAFF RECOMMENDATION:
Staff recommends that SU608-00006, the final plat of Galway Hills Parts 10 & 11, a
21.75-acre, 51-lot residential subdivision located south of Dublin Drive and north of
Shannon Drive be approved, subject to staff of approval of legal papers and construction
drawings and subject to Council approval of the preliminary plat.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Final Plat
Approved by:
,~~b~~
1~--
Jeff Davidson, Director,
Department of Planning and Community Development
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Page I of 1
~:
Marian Karr
From: pat I hensel [pat.hensel@juno.com]
Sent: Monday, June 02, 2008 6:47 AM
To: Council
Subject: Connection of Shannon Drive and Dublin Drive
All,
While this connection may have been in the comprehensive plan for an extended time, we believe it was
there prior to the thought and/or building of Camp Cardinal Road. This dramatically changs the overall
picture, resulting in a much higher traffic count using this connection than previously anticipated.
Thank you for your consideration.
Patrick & Rebecca Hensel
20 Kearney Court
Iowa City, IA 52246
319.337.5649
6/2/2008
Page 1 of 1
Marian Karr
From: Mary Greenleaf [m.greenleaf@mchsi.com]
Sent: Saturday, May 31, 2008 9:41 PM
To: Council
Subject: Shannon to Melrose
Living on Galway Drive and experiencing a great increase in traffic over the 12 years I've been here,
I'm concerned that taking Shannon to Melrose will further increase the traffic to the area.
Unfortunately, I have another commitment on Tuesday, the 3rd ,and am unable to come to the City
meeting. Thank you. Mary Greenleaf 420 Galway Drive Iowa City, Iowa.
6/2/2008
Page 1 of 1
~~
Marian Karr
From: pat I hensel [pat.hensel@juno.com]
Sent: Saturday, May 31, 2008 5:39 PM
To: Council
Subject: Connection of Shannon Drive to Dublin Drive
This correspondence will become a public record.
Regarding City Council Agenda for June 3, 2008, Item 6. Planning & Zoning Matters, h.:
We wish to express our concern regarding the connection of Shannon Drive to Dublin Drive. We
believe this will result in very high traffic on this road, much higher than the current traffic count
information indicates. This will most certainly cause a bottleneck at the intersections of Dublin Drive
& Melrose Avenue, and at Galway Drive & Melrose Avenue, particularly in the morning when
everyone is trying to get to work and school. We have been told that a traffic light at these
intersections, (Dublin & Melrose and Galway & Melrose) would not be an option. We believe a very
large number of high school students who live anywhere off Rohret Road will use this new connection
to get to West High School, as it will be a much shorter distance to travel. These students are not
included in the current traffic count of these streets because they aren't now using them, and they must
use the Rohret to Mormon Trek to Melrose to West High School route, or use the interstate.
Additionally, this new connection will be widely used to get to Camp Cardinal Road, which provides a
shorter distance to travel to get to Northwest Junior High School and the Coral Ridge Mall, than using
Mormon Trek and Hiway 6 through Coralville.
Patrick & Rebecca Hensel
20 Kearney Court
Iowa City, IA 52246
319.337.5649
Need cash? Apply_now for__a credit loan_wth fas[_approval,.
6/2/2008
Page 1 of 3
~~i
Marian Karr
From: Regenia Bailey [regenia@baileyforiowacity.com]
Sent: Sunday, June 01, 2008 10:34 PM
To: leavesseurfamily@aol.com
Cc: Marian Karr
Subject: RE: Tuesday Council Meeting Agenda Items 6 (h) and (i) Galway Hills
Jay and Nancy,
Thanks for the a-mail. I am including Marian Karr, our City Clerk, as a recipient of this response so she can
provide your letter to all council members.
~enia
Regenia D. Bailey
Mayor, City of Iowa City
430 Church Street
Iowa City, IA 52245
319.351.2068 (h)
319.321.1385 (c)
866.802.2854 (f)
www. baleyforiowacly_.co_m
Please note: any e-mails that I respond to maybe subject to State open records laws and considered information available to
the public.
From: leavesseurfamily@aol.com [mailto:leavesseurfamily@aol.com]
Sent: Friday, May 30, 2008 6:44 PM
To: regenia@baileyforiowacity.com; regenia-bailey@iowa-city.org
Subject: Tuesday Council Meeting Agenda Items 6 (h) and (i) Galway Hills
Regenia -
Unfortunately, it appears I will not be able to attend the council meeting of 6/3/2008 to discuss the
adoption of the resolution approving the final plats for Galway Hills development. So, I wanted to get
my objections to this proposal on record.
The majority of the residents that we have contacted, as well as the Board of Directors of the Galway
Hills Homeowner's Association, are opposed to the completion of the road connecting Shannon Drive
to Dublin and Tipperary Roads. Nancy and I gathered signatures prior to the first P&Z meeting in early
May, and of all of the people that were home over the weekend (roughly 60 households) only two
people were in favor of the connecting roads.
The main objection is the dramatic increase in traffic that this connection can reasonably be expected to
dump onto these connector streets. It is already very difficult to leave the subdivision due to the heavy
traffic going to West High School and UWIHC in the mornings.
Another objection is pushing traffic through the only true green space in the subdivision (this connection
will cut right through our access to the Willow Creek bike trail). It is a proposed park area.
The final objection is that this plan creates a "Melrose by-pass" from the Westside to Camp Cardinal
6/2/2008
Page 2 of 3
Road, Northwest Junior High and Coral Ridge Mall area. People already illegally drive their vehicles
on the trail to get a short cut to West HS and Camp Cardinal. Connecting these roads will only validate
this shortcut.
In discussions during the P&Z hearings, City planners provided various counts that the residents believe
strongly imply that the traffic counts will be pushing the 2500 vehicle limit that forces traffic calming.
While the City planners didn't think this was a problem, we do. City planners felt it would be best to
deal with the issue after it becomes a problem. We would encourage more forward thinking.
Current traffic studies in the area indicated:
280 cars on Dublin from Melrose Meadows
680 vehicles currently using Dublin from Galway Hills
350 vehicles from the proposed development of 51 additional lots in Galway
680+ vehicles that currently turn onto Shannon from Rohret
That is just under 2000 vehicles with no consideration being given to the increased usage from all of the
houses on the other side of Highway 218 in the Weber school area. Our anecdotal conversations with
our friends and neighbors in the Weber area indicates they are all looking forward to avoiding the
intersection of Melrose and Mormon Trek. At the P&Z meeting, Mr. Brooks did the math and agreed
with the likelihood that traffic would rapidly exceed acceptable levels. The rest of the board stuck to the
fact that this plat complied with the Comprehensive plan generated several years ago. City staff also
mentioned that there is a Melrose connector via Country Club Estates planned, but admitted that could
be more than 10 years away.
There is also a proposed commercial daycare that wants to develop in the subdivision, near the Latter
Day Saints Church. P&Z stated that they do not deal with this request, nor do they consider it in their
decision. It is reasonable to assume that a large, commercial day care will drop another couple of
hundred cars onto the road daily. The residents of the neighborhood are also generally opposed to this
development. We believe it is pretty easy to invision 2500 vehicles daily with little effort.
A significant concern that we believe the P&Z board overlooked is that the population growth in the
Weber area has been significantly underestimated since the Comprehensive plan was developed. Weber
school was overpopulated about three years after opening. In the future, we have been informed that
children in our neighborhood will attend the school being built in Camp Cardinal. Therefore, the exit
out of the subdivision via Shannon will serve little use for the residents of Galway Hills.
Additionally, the only neighborhood input for the subdivision on the Comprehensive plan was from the
Developer, as he owned the majority of the lots at the time. Frankly, I am on record as stating that this
developer has a poor record of stewardship when it comes to the quality of life in the neighborhood.
The total lack of green space, unnecessary destruction of natural habitat and inconsistent rules regarding
the Homeowner's Association have been frustrating to live with.
Obviously, we would hope that the road would not be connected. Realizing that there is probably a
bona fide health and safety reason to connect the subdivision on the backside, we would hope for some
forward vision in the planning and development of these connector roads.
We would request that restrictions to access similar to those on Boston Way near Coral Ridge mall be
considered.
We would request that not connecting to Tipperary but only Dublin be considered.
We would request that significant traffic calming features be incorporated in the design now, such as
center boulevards with plantings of trees and appropriate plants. P&Z suggested significant community
6/2/2008
Page 3 of 3
gardens in the area.
Designs to discourage the use of Tipperary Road as a gateway to Camp Cardinal and retain safe access
to the Willow Creek Trail.
The current plat as outlined and approved by P&Z does not adequately provide the traffic calming that
would be required. It provides a fairly straight run up Tipperary to Galway with a turn onto Melrose.
We request that significant design occur now, so that we are not forced to add speed bumps later.
Thank you for your consideration
Sincerely,
Jay & Nancy LeaVesseur
742 Tipperary Road
Iowa City, IA 52246
Stay informed, get connected and more with_AOL onyouu_r phone.
6/2/2008
r~ ~'
Prepared by: Sarah E. Holecek, 1~' Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-161
RESOLUTION AUTHORIZING THE CONVEYANCE OF PROPERTY KNOWN AS
THE PENINSULA NEIGHBORHOOD, PHASE 2-A, IN IOWA CITY, IOWA, TO
PENINSULA DEVELOPMENT COMPANY.
WHEREAS, pursuant to the Peninsula Neighborhood Development Agreement between the City
of Iowa City and Peninsula Development Company (as assignee of Terry L. Stamper Holdings,
L.L.C.) approved by Resolution No. 00-231 of the City Council dated June 29, 2000, and
amendments thereto ("Agreement"), Peninsula Development Company has agreed to develop a
tract of land known as the Peninsula Neighborhood; and
WHEREAS, the City Council approved the final plat of the Peninsula Neighborhood, Phase 2A,
which contains seventeen (17) proposed units, at its meeting on May 13, 2008; and
WHEREAS, pursuant to said Agreement, Peninsula Development Company has agreed to
purchase the Peninsula Neighborhood, Phase 2A, for a price equal to a per-unit base price of
$3,171.00 multiplied by the total number of final site-plan approved units plus interest at the rate
of 6.5% on the outstanding principle balance, for an estimated purchase price of $270,009.10;
and
WHEREAS, said Peninsula Neighborhood, Phase 2A, is located in Iowa City, Johnson County,
Iowa, and is described as follows:
PART OF AUDITOR'S PARCEL NO. 2001020, AS RECORDED IN BOOK 43, PAGE 43 OF
THE OFFICE OF THE JOHNSON COUNTY RECORDER, AND LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 4, AND THE SOUTHEAST QUARTER OF SECTION
5, IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY,
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 51 OF THE PENINSULA
NEIGHBORHOOD SECOND ADDITION AS RECORDED IN BOOK 46, PAGE 186 OF THE
JOHNSON COUNTY RECORDS; THENCE S27°55'45"W, 207.48 FEET ALONG THE
WESTERLY LINE OF SAID LOT 51; THENCE S40°27'14"W, 53.00 FEET; THENCE
S49°32'46"E, 11.05 FEET; THENCE S40°27'14"W, 180.52 FEET; THENCE S27°46'06"W,
49.16 FEET; THENCE N62°12'38"W, 10.27 FEET; THENCE S27°47'22"W, 53.00 FEET;
THENCE S62°12'38"E, 110.32 FEET; THENCE S27°46'06"W, 85.20 FEET; THENCE
S12°47'39"E, 81.75 FEET; THENCE S64°46'06"W, 119.17 FEET; THENCE S73°05'03"W,
101.10 FEET; THENCE N89°19'43"W, 59.10 FEET; THENCE N59°28'31"W, 47.52 FEET;
THENCE N70°45'54"W, 56.87 FEET; THENCE N53°30'11"W, 188.30 FEET; THENCE
N28°41'11"W, 124.62 FEET; THENCE N29°39'25"E, 187.75 FEET; THENCE N37°32'43"E,
141.28 FEET; THENCE N.46°24'05"E, 120.65 FEET; THENCE N59°51'16"E, 63.62 FEET;
THENCE N40°14'00"E, 60.00 FEET; THENCE N56°51'07"E, 62.54 FEET; THENCE
N67°13'55"E, 132.08 FEET; THENCE S49°32'46"E, 63.47 FEET; THENCE S01°35'09"E, 95.85
FEET; THENCE S49°32'46"E, 56.26 FEET; THENCE N40°27'14"E,190.89 FEET TO THE
NORTHERLY LINE OF AUDITORS PARCEL 2001020; THENCE ALONG SAID LINE
Resolution No. 08-161
Page 2
S65°31'42"E, 42.34 FEET TO THE POINT OF BEGINNING. SAID SUBDIVISION CONTAINS
7.60 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
WHEREAS, on May 13, 2008, the City Council adopted a Resolution declaring its intent to
consider the conveyance of its interest in the parcel, authorizing publication of the notice of the
proposed conveyance and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the
disposition of the subject property according to the Development Agreement is in the public
interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
The Mayor and City Clerk are hereby authorized and directed to execute a Warranty Deed
conveying the City's interest in the Peninsula Neighborhood, Phase 2A, described above
to Peninsula Development Company, in accordance with said Agreement, at a price equal
to a per-unit base price of $3,171.00 multiplied by the total number of final site-plan
approved units (17), plus interest at the rate of 6.5% on the outstanding principle balance,
for an estimated purchase price of $270,009.10.
2. The City Attorney is authorized to deliver said Warranty Deed to the Peninsula
Development Company. The deed and any other documentation required by Iowa Code
§364.7 (2007) shall be recorded by the City Attorney's Office in the Johnson County
Recorder's Office at the purchaser's expense.
Passed and approved this 3rd day of .rune , 2008.
ice
ATTEST: ,,~ 9C ~'~iLfJ
CITY LERK
s ~s-o g
m~-
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa Cily, IA 52240 (319) 356-5044
RESOLUTION NO. 08-162
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE REPLACEMENT
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
06-03-08
9
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of
cost for the above-named project was published as required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF-THE CITY OF IOWA
CITY, IOWA THAT:
The plans, specifications, form of contract and estimate of cost for the above-named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer,
City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not
more than 45 days before the date for filing the bids, for the receipt of bids for the
construction of the above-named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Sealed bids for the above-named project are to be received by the City of Iowa City, Iowa,
at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 8T" day of July,
2008. At that time, the bids will be opened by the City Engineer or his designee, and
thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said
bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City,
Iowa, at 7:00 p.m. on the 15 day of July, 2008, or at a special meeting called for that
purpose.
Passed and approved this 3rd day of
ATTEST: ~ • 7}Ct~y~
CI LERK
pweng4es4ec center root approve plans.doc
20 O8
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City Attorney's Office sla~w~
Resolution No. 08-162
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
x
x
x
x
_~
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpda~glossary/resolutioMC.doc
M~ c' s os os
10
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION NO. 08-163
RESOLUTION ASSESSING $300.00 CIVIL PENALTY AGAINST CVS
WHEREAS, on March 7, 2008, an employee of CVS, 2425 Muscatine Avenue, Iowa City,
violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation CVS 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), afer a hearing and proper notice; and
WHEREAS, a heazing was held on this date by the City Council to determine whether to assess
the civil penalty against CVS and at said hearing the City Council heard the facts of the violation
and the arguments of the petmittee, if any; and
WHEREAS, this violation is the first such violation of an employee of CVS 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 CVS.
BE IT FURTHER RESOLVED, that said retail cigarette permittee 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 permittee 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 pemut.
r.TTEST: ~~ tic~,~eJ 7S `~.t/~.~
City C er z, City of Iowa City
PASSED AND APPROVED: ,Tune 3. 2008
Resolution No. 08-163
Page 2
It was moved by o'nonnell and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
x
x
Correia the Resolution be
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata~glossary/resoWfion-ic.doc
~ ~`~
CEP.TIFICATE
1 lodema-B_rkl~, Clerk of the Distric!
Court of the Stale at IoY: a, In and 4or dohnsc~ ;
Co:I^ry, dr. hereby cemfy ?hat !his is a true and
camp'a[e copy of [he Orig~.nal Inst: ument~s)
n 1 m his I
o I F ons'sLng of _-J-D 4~s.
IN I(-:'fti ,.rrf1H11EP'('F II v. hereun!o
c Y hand r ahird(I, t^ I~(,~ryo'-s+
.(my_,Bice in ova iry, ICw nw ~
of __--~t~1t!1L---
ss~Ln ,' 73 s' ~ stare eD. ~ s`Z
DL Class C- DL End DL Rest
DOB ~ ~ ~d' ~ Race-''~Se~~ Ht` ~~5_ Wt.
The undersigned states that on or about 5 ~ ~/ ~ ~`~ at y/~'_ ~ AM
defendant did unlawfully: Mo. Day Yr.
Operate Motor Vehicle/Boa[ (describe)
CMV ~ Yes ~ No HazMat Plac. Req. ~ Yes ^ No US llOT# _
Reg. # State Year
Upon a r e ',
Located in [he county and state aforesaid and did then and [here commit the following offense:
(~ Traffic ^Navigation ^Snowmobile/ATV ^Fish-Game ^Parks
' PLAINTIFF:
^Staale oC Iowa ,-.
JOHNSON ~~~_ Z., IC N~ 17 8 2 51
^ City of: IOWA CITY
In 14e ('o~~r aI 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE
w.
NAME: t7"C l C'K-- C~~~f~--- /71~i~
De( ^dam, Last iat ~ Mtddlc
Address U,~~ .~• ~ t~ . ~~~ ~~-' `-=
City '~'~~ State~Zip Z~ ~
D T-C/W yy~tt
~~ CiTr1/PLAINT ORES 0 NON-RES ~
HIS
~
,,
~~ ^OC S-C8R
~r+
>
a IOWA UM1'IFORM11 CITATION AND COM11PI AINT
TMENT
~
ICE EP
IOWA CITY P ^HS
ARMED -NON-p,
l"NO
~ YES c
3,
v
~• ,
Ql
~
INC# .
Do
Not
Wtite
In
This
Space
^Sche~du!ed Vio/Fine 5 ~~~~ ^ Road ConstmcGon 7nuc
~~ O Non~ct~uJ uled VSolution
Surcharge $ Ll~uwt A(r[J~e:.trance Required (3b5.l Di
COUrt Costs SZ
$ c~
V anon C,.
.I. ~.~-($IOOQ).Accident
-
Total PineLCosLS
$ ~~~ ytal AECtdent
t
Q`wd Da~eAsS~s{.ment
Speed In ~ Zone-Sec.# `~ IA Code
DATA CODE Fed/Adm. Code - ~~ - focal Ord.
~~ s~
I certify under penalty of pequry and pursuant to the I~ - the Stafp of Iowa that [he
preceding is true and correct. y/ ?
Uated 5 ~ ~ ~G~ua ~G ~ ~ / ~ .~.J
Mo- Day Yr. ~T Officer's Signature ID No-
Court Date: If you must appear in court or if you choose to appeal Co answer a charge
whichC~o~rs not require an appearance, repott [ above named court on:
/ ~ ~ ~ City at ~ 'B'tlM ^ PM
Mo. Da Yr.
NOTICE: Providing false information is a violation of Section 7193 oC the Code of
Iowa and is punishable as an aggravated misdemeanor.
11v tignamre below is not a plea of gutty, but ackuowlcdges aJI aC dtc lollewiug-
7. f hereby swear and affirm that the information provided by me on this dtation is tme under pevally
of providing take information.
2. I promise to appear in said coon al said time and place, or 1 will comply with [he provision on the
top of the reverse side of [he ci Wtion.
The following applies ro simple misdemeanors only: ~ !/~ ~
3- I hereby give my unsecured appearance bond in the amount of 7 dollars and enter my wrincn
appearance. 1 agree that iC l fail w appear in peraon or by counsel to defend against the offense chargeA
in this citation, the court is aWhod[ed to enter a conviction and render judgment against me for the
amount c f my appcamnce~~nd in s' mtacuon oC the penalty and surcharge plus coot[ cosra-
'r~ ~^ . f l ~~_. ~
~L ,' ' '~ ~ ~~/ r 1 ~ -fait; 't.. -_
~,
5~~ ~n~iYOltz ~~~
`" tl i s th P nn cin 1 ~ ~~ tiutr,wts~d bond:
1 s~rpt t ~ vii atfls t ~ ma°~ .: c n ,c shun sd ?y ~ uatiuu
,i pc~rsou wno v,llt nsh I,iR n I ~ ~aa.,, r a
„<< urel.~,, era u+ ~ , a~g pa. ds c,.v n 9
in.F 1;e su i,^a W ,_.
n~ n rev+t s ~ hame crate. .., n~ s rye srmxe ics}uired"
,~~s a~+t ,h~~ss ,~> >
U the less c. side, of thn cit:A iso d ithou. a iuart i~, s u arc pi vs u~, thy.
iilp Oi f i (U k iS~C i ~ 1 t. Cat ~ Y. fTh
r;n ~ F 3. h.ery m i ~ ~ ~.. ~'
..I P};: t._ t( ~ ~ rri i_c ( 1 )1 'O~15a1 dl ItC1oP'.
;~~..iw^ n she n~a ~on_,_Ch~ it 1ioa~a s s 1 -== k (s`nos palil by LLre
)s ~_I_it1C t t (~(_~kt m die count, nusn~n (t I e - curt.
uclc_ u+ ~ ~~ sn~
»rw Inr ~nr}' rc iv0 Y°u ~n~~
~ ~ l i ~. co a ~mPOges u
is sVs:v.. ~ 0111. Sl"s TLKY`1 4;1~,~~tUtCtt112(
F'~~taii 1 (ff 1 tj i C'~t 111 tllinilfK'e
~ 61 I~ IICUNe IU{ y~loleLkl~~ ilU~(~ ~~lLl{C~ l ^I41fl0( !J
wl' a srul ~ Ow..t Iuwz~t~ pj'1 ~ ,. s .~~ e 41 ~sl to u
luv~a `<<l: `+~ tt~o 1 _. s~`'iFau,t sit ~ si c~ ~u mo~gk ~.Ifanxs.
,_ c~ PSZtmc~ tnrl v.liel ~-ii zPo ~ d ii
~ ,~,,,,, sire ~ t l ~ 1„. v s 1 f sc~ ss forfeitures
h s i ti a ~~ I~base=d `Q¢~G}~ scluilc. of
W~ cHb2`1C .u ~ ~~ ire 1 ~
rqx, ~ ~ ~ ~,~I ~ If n d m , r ~ ~ ow.n t ~ t 1e 3nu out w,pended
1 ~,~_-~ i urchai ~ 111 br ~d>~ , 90'd ~.1.e~nin@ tl1u
~'„ tnshu'c is ul t w ~o~oc.,xi of Chs s
,1s;-, ,.m ~.ni collccti dFYl-C Lnas_ an to o4 akd u. Sc UIUG 9f iy.
[A Sa~4-0
M~.~il tai fohnson C'a Clerk < 1 C n' +l t ;1mo tis lets a c s
L ti v c,i~nr.!. Qo hes~r.as cntrr n s p(` .ran nn the t i iplninl of fhe
ofiii s I ~r~ed on tLe oth r ~iJ~ .+t ~ s 1 sn": ~ P~1s`svs~ s u~f'lhe aamc
my , : ,u a t s xl; that m) vt,u tote t ~ th~5 ~ ~~ ~.; >t eem us sha
turd n! s tB.u n lu',i~n ~ u of eosin ..ud ~ltti the ste~rvot hey renideuua.
pct ~ iii _~r'. cf Iraucpnrrau<>n in this tit sic s~ t
~~~( na3d uilemr. ,~. cYsar~ed 1'd agree as the ,
I. de heir`~V Af 1alU G t 1'Y l~ ,~
,, i ~ s
Pt.~ ~ yxphcd i~x~mvyl ntc~
~ ,~ `~r1G~v/r`'3 f ~ ~ ~ ~ _- -LPL'-1-~
1% ~i< sue'`->~,T
~ ~
~`, ,~~ t ~`r is i r~ _~ ---
Il j Ot '+RF 6tf (~'I;IRIiD'tO YU'+L P. II[ CO p~TAI'V RELEASE.
A c~uv¢is{upon~ohsstr mg}vou~masl Lhe cituhou tdnuwsou of guiltfrand ~~S
in_,,~`urs Uns ~'~-..u rrh sr~s4uh cousi us_cis to a u~usi- vsola[ions office 1
ss sit ern is pe furn,vhtd be tbs ,tf~cc,.
t3. tf you cho<sse to picz~d ~O'T GI, IL.IY, the officer may wlease you fro[,n
,s.,t~shy' l , seerviui iau mail she rdauou and bne and onriwlf cimeF
he min , iu ~.,'s?. ni 6as-ae. s~th oqud su ts, sir in lieu of one and
si ~-halh nmsw the, hnc xnd co,t s ~u.~r^u~c~1 nrre,t bond eerufieate
u Srtln:: w.ih >i~ipin. tl.c. 1'n{ks +r tste (uent. sf I do
i'oe~s shcs (11 ! s spps ~~ } ~ _.1~uu ~ thls citation or (2)
sot ~,~G npp~'+m. ihr am,~nni d~!,_„~s~,l `si~1 ud to~f~4ied.'~
~ _ SiYntibl CC o! D:4cn?em
an art pear, stele iss'n rfsrequirrd aucli5ection't+O5n6 if?a courts ~pearium
is required.
M~~ s
11
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100
RESOLUTION N0. 08-164
RESOLUTION ASSESSING $300.00 CN1L PENALTY AGAINST K-MART
WHEREAS, on March 10, 2008, an employee of K-Mart, 901 Hollywood Blvd, Iowa City,
violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and
WHEREAS, at the time of this violation K-Mart 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 K-Mart and at said hearing the City Council heazd the facts of the
violation and the arguments of the permittee, if any; and
WHEREAS, this violation is the first such violation of an employee of K-Mart within a two year
period to be considered by the City Council under Iowa Code § 453A.22(2).
NOW, THEREFORE, BE ff RESOLVED BY THE CTI'1' OF IOWA CTI'1' 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 K-Mart.
BE TT FURTHER RESOLVED, that said retail cigarette permittee 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 permittee shall automatically be suspended for a period of
fourteen (14) days, in addition to the $300.00 civil penalty.
BE PI' 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
cigazette permit holder via regulaz mail sent to the permit holder's place of business as it appears
on the application for a retail cigarette permit.
PASSED AND APPROVED: June 3 , 2008
n
City of Iowa City ,/ /J
ATTEST: ~Q,et,r~ 2C - `YCiY.t~J
City k, City of Iowa City
Resolution No. 08-164
Page ~~
It was moved by Wilburn and seconded by xayek the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
x
~_
x
x
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resdWion-(c.doc
~ ~I
f I.odem_ a Be_ iklay ,Clerk of the District
Court of the State of Iowa, in and for Johnson
County, do heretry certify that this is a true and
complete copy of tha Original Instrument(s)
filed in this
office consisting of pages.
IN TESTIMONY NMEREOF, I have hereunto
set my.hand and af!ized the Seal saj~,Court
at my Hice info a Ciry, Iowa this day
of ~^r`tw
__ _ __ -~,
i COMPLAINT ^RES 9'~ RES
^ T-crrw-,~
^OCIFJ-s. Rn ~j"y~',IOWA UNIFORM ORATION AND COMPIAWT ^HIS ^ ON-HIS
1 " + IOWA CITY POLICE DEP R ENT ARMED ^ YFS ~'r40
j INC #
j PLAINTI - -
^state°fiowa is No 17.8252:
^ CrsfitY of. - JOHNSON Na.:
~~ ^ City of: IOWA CITY
In the Court at 417 S. CLINTON STREET, JOHNSON COUNTY COURTHOUSE
NAME: _ ~~ n _ ,:,.~, Maal
uerenaanr, r-a~r
Address Za ? U l
DL~ss DL End
DOB ~ ~ Race ~ Se
The undersigned states that on or about
defendant did unlawfully: M°~ C y Y
Operate Motor VehideBoat (describe)
CMV OYes ^No HuMat Plac. Req. ^ es ^ No
Reg. # Stale
Upon a public highway a[
Located in the county and state aforesaid and did [hen and
^Traffic ^ Navigation ^ Snowmobile/A'R'
^Scheduled Vio/Fine $
Surchazge $
Do Court Costs $ ~ O
No[ ~ Total Fine/Costs
Write Speed ~ In Zone-Sec. N
DATA CODE Fed/Adm. Code
State`~Co. #
DL Restr._.-_---
~H~WL~-
at ^ AM -9fM
,~_Year
p4e'comnffihe folfpjing offense: ,
9~+,i"ssh_Gart~Py, ^Patif9
- _~ ~
Cons~6on Zone
Scheduled Violation
tJrT Appe~ncc Required (805.10)
ea`sdn:
^P.I. ^P.D. ($1000)Acciden[
^ Fatal Accident
^ Civil Damage Assessment .
r C~ ~ ~~{'t'(J)
IA Code
LocaYOrd.
In 1 certify under penalty of perjury and pursuant to the s of [he State of Iowa that the
preceding is we and correct.
This p
Dated o. Da Yr. Of rcer's Signature ID o.
r
Space
Court Dale: If you must appear in court or if you choose m app answer a charge
whit s~ o[ r uir ~ag@ arance, e a court on: _
(~ a[ k_I~A/M
Mo. Da Yc
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 [he following:
L I hereby swear and affirm Nat the info[malmn provided by me on this <itafion is We under penalty
of providing false information.
2. I promise to appeaz in said court aI said time and place, or I will comply wiN Ne provision on Ne
top of Ne reverse side of the citaton.
The following applies to simple misdemeanors only:
3. I hereby give my unsecured appearance bond in the amount of ~ ~ dollars and enter my wnuen
appearance. 1 agree that if I fail to appear in person or by counsel to defend against Ne offense charged
in Nis citation. Ne court is authorized to enter a conv¢tion and under judgment against me for the
amoum of my appearance bond in satisfaction~o,\f the penalty and surcharge plus court costs.
I
*-~'T-_~ V~ y
9gnat o cfen ant
rnr~rt~~z f ~~~ r
Pxn~pt C:~r n~,Ic r.. .d. ~~. au ,r .. ~ to ,~t t. ::.r ~. „S E,uutal b;~rd.
p .,,.. ~.t.c ~iL~i~s;, ;o y, t,.' i .~~~ ., zcli, fl:Uo~, 6,tl,zq
i db t-L ~ .;~ t X5.1 ~!*i ~: t, t!i t _ s.lS. r. P. ;.. t'3 ~Ati 31
t rn~ 't:: ' °:rc stue_
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t r,
?ll(`, 1 lPI(Y l f`. Lil .. ,I '_I C SUr~ u. .SIC
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t. -,,tic c f* {_j, t ati( <<`;~ _~, ~. t tt~tl_rCU ~.~~ :...
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i11)~ JI'!Ui fc.a^li'. AH U rlO~ul.il Oi 11 t. !:IR. ;` 4aI I tt.° 1 ~I:O[5' O.~LC.[liC
ilii J`i H L` a t~ tl, h., ~. ~i~~~':,,•~ u,.~~ ,; i; ~~_ ~'l.~ i IO
~ .t I ~ ~~ t n~~. ~ Ny~ot ,cucr i~ou:~ ? t ~ ~~Ic i n~,,.
ic; ' , i T L Fait ~$EI i J 1, _PtSp .,,tr t iAl .. ~ ry ,~' 1. I ..._
, _ s ~~ ~~ :~h# hr redSiuc'C ut ~ ;: ~, t < ~ ~, u~t st t . n,l ~d~.
(' ,ti fis r~,tgt;~cu ~ a the~iisi ' r <v'., ;,reu _~ fhe
t t ,r. i aua ~ 1~~:f1cr ~ ,sac;, ~~s .'i S..~t n ~}»
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tij •11 ;~ ii~t,n.:nn t"a.f ~f ('taa,if~' _. i ~_ ~ ,. _..
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ulk ;~~. etrt ,:a'~~l un th o~ha cado „i Ihis ailau ,... I h:a~ '~cra ittii -n, sl of
~,
i.r ucht t; ., ved, thu. mo siyanuu, ,u Thin }~ ~ h:ne a 5..nr•.
. > ~,rl ~' a ;! tr'"nem: o Joni) ar:d ,Ut ~<- X71 .a ,ti he c~:^.a tra iha
~~ ~. .';C2 ~ ti :nt~ Iri .... ,I „~ Stih t~ tltY ~ i ,..
«_,
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P ... _ aa~,tfenvx
enaEt,.~ n~n~t ~he,f hai
r ::, ~ .~ --.:
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7F'. tl•.`~ YFZi+' IiEC~Tt1P2tsT) "i'O P!i^i l'}3eATI, TO OIiT~~I'V I~ELf;,~S~
t ~-~'u 1 ~ t. ;o ci Odra f f iiii~~. iii, ; 131crr nwy aclcase }im Trom
atshxty upon ob~,ei~m< <ou trail the cnauon, ^il:ni,3ioxa of ~ruiit, and
aart t t tt a-_ sm h i - ~.cith cynrt G»t~ u, o trn!>> , u>ia[iom ;,tllcc
ttt .r. 'tucope (u^ J,et( Ir: th~ .,ili<ve.
B t, rou ~L,><>s:: to t;i~°a., 'v <37~ .1C i!: C]', tfa~ a~ilccr nu} tch~nu~ poo li~.xn
~todt "~ ;x>serv~nY you m.il ine ;iitu.iou. ;md or~md yam-b.li time':
u ~: Gn -~ i, ' ~i ~ ;gar _ G. ~. .r it Nett nC r' e :rr1
u, :+. ~, ll ~ ; tk,~ hr, and << a~ a gu ruuaed arrea hood ccrtifiatte
acla ~~ ~ t ., c. h~ ti i rr a[r. ~Irnsa. -
.... _ ~,'r r, } ~~p c.,t ~ ,;tc ~ ~ :(ais cit:+tiun :~r (?) if I do
E,t `;. '~rt,.~ t ~ iii .at it UL ~_~, . ~ ..'i UC ,n lch CO.'
c ~ ',.~ .IU. nJ,; .~
Cnasa coats era ;~egnirexi 1',tr scheduf<.~ct yio4~stior.~; in ;^hx.G,ut 6A3.fd{fria if
;ut appc:an;nce is not rcf7uir eci :atafi 4ecII ifm SU:i.tr iY .r react as ~rFre:uancc
is rs`c~narecl,
Publish 5/16
NOTICE OF BOND SALE
Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds of
the City of Iowa City, Iowa, will be received at the office of the Finance Director, in the
City of Iowa City, Iowa (the "Issuer") at 10:00 o'clock A.M., on the 3`d day of June, 2008.
The bids will then be publicly opened and referred for action to the meeting of the City
Council in conformity with the TERMS OF OFFERING.
The Bonds: The bonds to be offered are the following:
GENERAL OBLIGATION BONDS, Series 2008A, in the
amount of $9,150,000, to be dated June 30, 2008 (the
"Bonds").
Manner of Bidding: Open bids will not be received. Bids will be received in any
of the following methods:
• Sealed Bidding: Sealed bids maybe submitted and will be received at the
office of the Finance Director, Iowa City, Iowa
• Electronic Internet Bidding: Electronic internet bids will be received at the
office of the Finance Director, Iowa City, Iowa. The bids must be
submitted through the PARITY® competitive bidding system.
• Electronic Facsimile Bidding: Electronic facsimile bids will be received at
the office of the Finance Director, Iowa City, Iowa. Electronic facsimile
bids will be sealed and treated as sealed bids.
Consideration of Bids: After the time for receipt of bids has passed, the close of
sealed bids will be announced. Sealed bids will then be publicly opened and announced.
Finally, electronic internet bids will be accessed and announced.
Sale and Award: The sale and award of the bonds will be held at the Emma J.
Harvat Hall, City Hall at a meeting of the City Council on the above date at
7:00 o'clock P.M.
Official Statement: The Issuer has issued an Official Statement of information
pertaining to the Bonds to be offered, including a statement of the Terms of Offering and
an Official Bid Form, which is incorporated by reference as a part of this notice. The
Official Statement maybe obtained by request addressed to the Finance Director, City
Hall, 410 E. Washington Street, Iowa City, Iowa, 52240 -telephone: (319) 356-5053; or
the City's Financial Consultant, Public Financial Management, Inc., 2600 Grand Avenue,
Suite 214, Des Moines, Iowa, 50312 -telephone: (515) 243-2600.
Terms of Offering: Al] bids shall be in conformity with and the sale shall be in
accord with the Terms of Offering as set forth in the Official Statement.
Legal Opinion: The bonds will be sold subject to the opinion of
Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their
opinion will be furnished together with the printed bonds without cost to the purchaser
and all bids will be so conditioned. Except to the extent necessary to issue their opinion
as to the legality of the bonds, the attorneys will not examine or review or express any
opinion with respect to the accuracy or completeness of documents, materials or
statements made or furnished in connection with the sale, issuance or marketing of the
bonds.
Rights Reserved: The right is reserved to reject any or all bids, and to waive any
irregularities as deemed to be in the best interests of the public.
By order of the City Council of the City of Iowa City, Iowa.
Marian K. Karr
City Clerk of the City of Iowa City, Iowa
12
Council Member introduced the following
Resolution entitled "RESOLUTION DIRECTING SALE OF $9,150,000 GENERAL
OBLIGATION BONDS, SERIES 2008A" and moved its adoption. Council Member
seconded the motion to adopt. The roll was called and the
vote was,
AYES:
NAYS:
Whereupon, the Mayor declared
RESOLUTION DIRECTIN
GENERAL OBLIGATION
following Resolution duly adopted:
SALE O~"$9,150,000
ANDS ERIES 2008A
WHEREAS, pursuant to notice as
public sale for the bonds described as fol
be the following:
$9,150,000 GENERAL
Bidder:
the terms of the bid being:
Purchase Price: $
True Interest
Net Interest
NOW, T/I'IEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Sect"ion 1. That the bid for the bonds as above set out is hereby determined to be
the best grid most favorable bid received and, the bonds are hereby awarded based on the
bid. l
~{ed by law, bids have been received at
and the best bid received is determined to
BONDS, SERIES 2008A:
-4-
Section 2. That the statement of information for bond bidders and the form of
contract for the sale of the bonds are hereby approved and the Mayor and Clerk are
authorized to execute the same on behalf of the City.
Section 3. That the notice of t11e sale of the bonds
the Clerk done in furtherance of the sale of the bonds are
PASSED AND APPROVED, this day of
2008.
Mayor
ATTEST:
City Clerk
dre given and all acts of
ratified and approved.
-5-
'MLi1 \~~.
June 3 ,2008
The City Clerk of Iowa City, Iowa, met in the City Hall >
Iowa City, Iowa, at 10:00 o'clock _AM., on the above date, to open sealed bids
received, access electronic bids and to refer the sale of the bonds to the best and most
favorable bidder for cash, subject to approval by the City Council at 7 :00 o'clock
P .IvI. on the above date.
The following persons were present:
Kavin n~Maltay Marian Karr lnn Rurmeister.
i Ambrose
********
-1-
This being the time and place for the opening of bids for the sale of $9,150,000
General Obligation Bonds, Series 2008A, the meeting was opened for the receipt of bids
for the bonds. The following actions were taken:
1. Sealed bids were filed and listed in the minutes while unopened, as follows:
Name & Address of Bidders:
None
2. The Finance Director then declared the time for filing of sealed bids to be closed
and that the sealed bids be opened. The sealed bids were opened and announced.
3. Electronic bids received were accessed and announced as follows:
Name & Address of Bidders:
Hutchinson, Shockey, Erley & Co. Chicago, IL
Harris N.A. Chicago, IL
Morgan Keegan & Co., Inc. Memphis, TN
Northland Securities Minneapolis, MN
4. The best bid was determined to be as follows:
Name & Address of Bidder: Huteh; nsnn Shnrkay Frlay n~' fh,~~IL
Net Interest Cost: $ 1.826.348.52
True Interest Rate: 3.494415
All bids were then referred to the Council for action in accordance with the Notice
of Sale.
-2-
June 3 ,2008
The City Council of Iowa City, Iowa, met in regular session, in the Emma J.
Harvat Hall, City Hall, Iowa City, Iowa, at ~ : 00 o'clock P .M., on the above date.
There were present Mayor Bailey , in the chair, and the
following named Council Members:
Bailey, Champion, Correia, Hayek O'Donnell
Wilburn, Wright
Absent: None
***+***
-3-
Council Member wilburn
_ introduced the following
Resolution entitled "RESOLUTION DIRECTING SALE OF $9,150,000 GENERAL
OBLIGATION BONDS, SERIES 2008A" and moved its adoption. Council Member
11 seconded the motion to adopt. The roll was called and the
vote was,
AYES: Bailev,.Champion, Correia,Hayek,
O'Donnell, Wilburn, Wright
NAYS: None
Whereupon, the Mayor declared the following Resolution duly adopted:
Resolution No. 08-165
RESOLUTION DIRECTING SALE OF $9,150,000
GENERAL OBLIGATION BONDS, SERIES 2008A
WHEREAS, pursuant to notice as required by law, bids have been received at
public sale for the bonds described as follows and the best bid received is determined to
be the following:
$9,150,000 GENERAL OBLIGATION BONDS, SERIES 2008A:
B1ddeT: Hutchincnn Shnrke~r Frle~ gLOp, of Chicago, IL
the terms of the bid being:
Purchase Price: $ q 165,680.70
True Interest Rate: 3.494415
Net Interest Cost $ 1 826.348.52
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That the bid for the bonds as above set out is hereby determined to be
the best and most favorable bid received and, the bonds are hereby awarded based on the
bid.
-4-
Section 2. That the statement of information for bond bidders and the form of
contract for the sale of the bonds are hereby approved and the Mayor and Clerk are
authorized to execute the same on behalf of the City.
Section 3. That the notice of the sale of the bonds heretofore given and all acts of
the Clerk done in furtherance of the sale of the bonds are hereby ratified and approved.
PASSED AND APPROVED, this 3rd day of .Tune , 2008.
l
M
ATTEST:
~~t ~- ~~_
City Jerk
-5-
CIG-3
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of the Municipality
showing proceedings of the Council, and the same is a true and complete copy of the
action taken by the Council with respect to the matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy of the face sheet of the agenda being
attached hereto) pursuant to the local rules of the Council and the provisions of Chapter
21, Code of Iowa, upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as required by law and with
members of the public present in attendance; I further certify that the individuals named
therein were on the date thereof duly and lawfully possessed of their respective city
offices as indicated therein, that no Council vacancy existed except as may be stated in
the proceedings, and that no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or boundaries of the City or the right
of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the Municipality hereto affixed this
day of ~',~„t~ , 2008.
~ ~l. ,~~,,!,~
City erk, Iowa City, Iowa
SEAL
MMCGMLE\580988.1 \ W P 10714.091
pR!lalNAl
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: .Tune ~ , 2008.
Time of Meeting: 7 : pp o'clock g.M.
Place of Meeting: Emma J. Harvat Hall, City Hall, Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental
body will meet at the date, time and place above set out. The tentative agenda for the
meeting is as follows:
$9,150,000 General Obligation Bonds, Series 2008A.
Resolution directing sale.
Such additional matters as are set forth on the additional i ~ page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of the governmental body.
/~~(~s~.~~ ~ • ~~
City Clerk, Iowa City, Iowa
P.~a ; s/a91~ 8
UO-Vd-v..
13
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St, Iowa Ciry, IA 52240 (319) 356-5030
RESOLUTION NO. 08-166
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE FIRST ADDENDUM TO LEASE AGREEMENT WITH
HIERONYMI PARTNERSHIP L.L.P. FOR THE LEASE OF APPROXIMATELY
COURTOSTREET TRANSPORTATION CENTER. CE LOCATED WITHIN THE
WHEREAS, on June 13, 2006, the City of Iowa City ("City") and Hieronymi Partnership. L.L.P
("Tenant") entered into a lease agreement for 760 sgears with an optionetotrenewcfor atper od of
Street Transportation Center for a period of two ( ) y
one (1) year; and
WI-IEREAS, the Tenant has exercised the one year option term, running from July 1, 2008
through June 30, 2009; and
successive years, running from July 1,a2009 through June 30 2011 ;and has agr ed to pay rent in
the amount of $830 per month for the first year of the option period and $863 per month for the
second year of the option period; and
WHEREAS, it is in the public interest to enter into said First Addendum to Lease Agreement for
the commercial space as provided herein.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, THAT:
1, The First Addendum to Lease Agreement attached hereto and made a part hereof is
approved as to form and content.
2 and attestothe FirsteAddendam to Lease Agreehment attached' hereto in triplicalte.ly execute
Passed and approved this 3rd day of
ATTEST:
CITY 'LERK
Legal/Eric/Parking and Transit/H Partners/Lease Addendum Resolution
City Attorney's Office
Resolution No. 08-166
Page 2
It was moved by Wilburn
adopted, and upon roll call there were:
AYES:
x
x
X
x
x
-~
x
and seconded by Champion the Resolution be
NAYS:
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpda~arglossary/rewlNion~ic.doc
FIRST ADDENDUM TO LEASE AGREEMENT
This Agreement is made between Hieronymi Partnership L.L.P. (hereinafter "Tenant") and City
of Iowa City (hereinafter "City").
WHEREAS, City and Tenant previously entered into a lease agreement ("Lease") executed
June 13, 2006, for the lease of approximately 760 square feet of commercial space in the Court
Street Transportation Center, Iowa City, Johnson County, Iowa, ("Premises') for a term of two
(2) years with a one (1) year renewable option; and
WHEREAS, Tenant has chosen to exercise the (1) year option to lease the Premises through
June 30, 2009, under the terms negotiated in said lease; and
WHEREAS, Tenant now wishes to have an option of one (1) additional renewal period for two
(2) successive years, and City is willing to extend said option to renew under the terms provided
herein.
NOW, THEREFORE, the parties agree as follows:
1. The option term described in the Lease, running from July 1, 2008 until June 30, 2009
(hereinafter "First Option Term") is hereby exercised by Tenant, under the terms
negotiated in the Lease attached hereto, and incorporated by this reference.
2. Tenant shall be granted one (1) additional option (hereinafter "Second Option
Term")upon the same terms and conditions contained in the Lease, except as described
below, for a two (2) year term, commencing July 1, 2009.
3. During the first twelve (12) months of the Second Option Term Tenant shall pay rent to
City in the amount of $830 per month. During the second twelve (12) months of the
Second Option Term Tenant shall pay $863 per month. All payments shall be made on
or before the first day of the calendar month for which rent is due.
4. Tenant shall be required to give notice to City, in writing, not less than one hundred-
twenty (120) days prior to the expiration of the First Option Term of Tenant's intent to
exercise the Second Option Term. Failure to provide said notice shall result in the lapse
of the Second Option, unless accepted, in writing, by City.
5. All other terms and conditions of the attached lease agreement shall remain in full force
and effect during the option periods, unless modified in writing by both parties.
Landlord:
CITY OF IOWA CITY
Ma
Tenant:
HIER NYMI PA -TNERSHIP, L.L.P.
~/3 o~a Y
Jo n A. Hieronymus, Ma ging Partner
Attest:
~~t iz~;~r ~ ~ ,~ . ~~
ity erk
Appr e~ d by
~ ~ ~~
City Attorney's Office
CITY ACKNOWLEDGMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this 3 <d day of ~ u~ , 2008, before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K.
Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution
of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
oJ°~c SONDRAE FORT
_~. Commission Number 159791
My Commission Fires Sera./rv~_ ~Ej
Notary Public in and for the State of Iowa
HIERONYMI PARTNERSHIP, L.L.P. ACKNOWLEDGMENT
STATE OF Iowa )
SS:
(~Sot\COUNTY )
On this ~ day of ~~~I , 2008, before me, the undersigned, a
Notary Public in and for the State of wa, personally appeared John A. Hieronymus, Managing
Partner of Hieronymi Partnership, L.L.P. to me personally known, who being by me duly sworn,
did identify himself as John A. Hieronymus, Managing Partner of Hieronymi Partnership, L.L.P.
and acknowledge the execution of the instrument to be his own voluntary act and deed.
~~ Wit-\~l 2 ~ e1 . o o ~ ~.,
Notary Public in nd for the State of to
.tom KATHRYN D. KEELY
EriUParking antl TransiUH Partners/ Lease Addendum.tloc ~COIIIIMMb11 NWIION /7015
My Can
~' ORIGINAL
LEASE yb
BETWEEN THE CITY OF IOWA CITY AND HIERONYMI PARTNERSHIP. L.L.P.
This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or
"Landlord") and Hieronymi Partnership, L.L.P. ("Tenant") in Iowa City, Iowa.
RECITALS
A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain
premises situated in the City of Iowa City, State of Iowa, commonly known as the Court Street
Transportation Center, and has the authority to lease said premises.
B. Hieronymi Partnership, L.L.P. intends to use the space as an office for general
management of property holdings.
C. The parties desire to enter into a lease for space in the Court Street Transportation
Center, located at 152 E. Court Street, Iowa City, IA.
In consideration of the foregoing and the mutual covenants hereinafter contained, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by the parties, Landlord and Tenant hereby agree as follows:
AGREEMENT
DATE. This Lease is made to be effective as of June 14th, 2006.
2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes
from Landlord for the Term the real property comprising approximately 760 square feet of floor
space located in the Court Street Transportation Center, 152 E. Court Street, Iowa City, Iowa,
on the ground level of the Court Street Transportation Center more particularly described in the
site plan on Exhibit "A" (the "Premises") attached hereto and incorporated herein, together with
the continuous and uninterrupted right of access to and from the Premises.
3. TERM. The term of this Lease ("Term") shall be from June 14'", 2006 through June
30`h, 2008, unless sooner terminated pursuant to any provision hereof.
Option to Renew. With the exception of Section 5 entitled "rent," Tenant shall have the
option to renew this Lease upon the same terms and conditions contained herein for one (1)
successive one (1) year term following the initial term. Tenant shall be required to give notice to
Landlord, in writing, not less than one hundred-twenty (120) days prior to the expiration of the
preceding term of Tenant's intent to exercise an option for the renewal term. Rent for the option
term shall be $798 per month.
4. FIT-OUT. Landlord will reimburse Tenant for Tenant's actual, documented
expenditures for fit-out expenses, not to exceed $18,240.00. As part of these fit-out expenses
Tenant shall construct at least one bathroom with a toilet and sink. All fit-out, whether
reimbursed or not, is subject to prior landlord approval.
5. RENT. Tenant shall pay a deposit for damage or default in the amount of one
month's base rent upon the execution of this lease. Said deposit may not be offered by Tenant
in lieu of regular monthly rent payments. Tenant shall have possession of the premises June
14"', 2006, and will pay $430.67 for the period of June 14`" -June 30, 2006. Tenant shall
thereafter pay to Landlord $760 per month as rent for the use of the Premises, payable in
advance on or before the first day of each calendar month of the initial term. Rent for the option
term, if exercised, shall be $798 per month.
Rent shall be payable to the Court Street Transportation Center, at the Iowa City Parking
Office at 335 E. Iowa Ave., Iowa City, IA 52240, or at such other address as Landlord may
designate by written notice as provided herein.
6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities, including, but not
limited to, water, sewer, gas, and electricity. Tenant shall pay for all janitorial services and
regular cleaning service to the Premises, as well as garbage removal. Landlord will be
responsible for any common area maintenance, including, but not limited to, exterior window
cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep of the
sidewalk and exterior windows as needed outside of this set maintenance schedule.
7. USE OF PREMISES. Tenant shall use the Premises for an office to manage property
holdings. The Premises may not be used for any other purpose without written approval of
Landlord.
8. PARKING. The Premises includes no provision for parking. Tenant must secure its
own parking.
9. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant
observes and performs all of the agreements and covenants required of it hereunder, Tenant
shall peaceable and quietly have, hold and enjoy the Premises for the Term without any
encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited
or denied through rezoning, environmental impact edict, or other action of any public or quasi-
public agency or governmental authority, this Lease, at the sole option of Tenant, shall
terminate as of the effective date of such action and the rent applying to the unexpired portion of
the Term will abate.
10. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TITLE. Landlord
hereby represents, warrants and covenants to Tenant that as of the Commencement Date: "
(a) Landlord is the sole owner in fee simple of the Premises and has full right, power
and authority to grant the estate demised herein and to execute and perform all of the terms,
provisions, covenants and agreements provided in this Lease;
(b) to the best of its knowledge, the Premises complies with all applicable zoning
requirements, ordinances, regulations, and all applicable laws, affecting the Premises or
required in Tenant's use of the Premises or common areas appurtenant to the Premises,
including the Americans with Disabilities Act (or other laws affecting handicapped access) and
any environmental impact or traffic studies or requirements; and
(c) the Premises does not contain any asbestos or Hazardous Materials (as defined
in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance
or regulation relating to industrial hygiene or to the environmental conditions on, under or about
the Premises including, but not limited to, soil and ground water condition, and that no previous
occupant of the Premises has used, generated, manufactured, stored or disposed of on, under
or about the Premises any Hazardous Materials, as determined by a Court of competent
jurisdiction.
11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease
all or a part of the Premises for any purpose, without the prior written consent of Landlord. If
Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to
remain primarily liable for the payment of rent for the remaining term of this Lease.
12. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's
consent, may make any alterations, improvements, or additions in, on or about the Premises,
which Tenant may deem necessary or desirable, except for structural repairs and maintenance,
which are the sole obligation of Landlord, provided such alteration, improvement, or addition
costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one
thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written
description of the proposed work along with plans and drawings respecting the same to
Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld.
Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on
or about the Premises if the removal may be done without structural damage to the Premises.
Tenant's personal property and its. trade fixtures, including all machinery, equipment and
furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal
property, trade fixtures, alterations, improvements, or additions not removed by Tenant within
thirty (30) days after the end of the Term shall automatically become the property of Landlord.
Landlord shall, at its sole expense, make any alterations, improvements or additions to the
Premises (structural or non-structural) that may be required on account of any existing or future
laws of any governmental authority, except alterations, improvements or additions to the
Premises as may be required solely by reason of the nature of Tenant's business. In no event
shall Tenant make any changes, modifications, alternations, or additional to the exterior of the
Premises without Landlords' specific written approval, notwithstanding any provision contained
herein to the contrary.
13. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the
Premises, including for plumbing and electrical fixtures, and be responsible for maintenance of
all floor coverings, as well as be responsible for protecting against insect and pest infestation.
Landlord shall maintain and promptly make all exterior repairs and common area maintenance,
all repairs, replacements or retro-fitting of a permanent character (including, but not limited to,
components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system,
gas lines, and hot water systems, including heaters), and all floors (excluding floor coverings),
wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined)
and structural repairs, support systems, strengthenings, alterations, reconstructions, or
additions necessitated by reason of lapse of time, weakness or decay, or damage to or
destruction of the Premises, or to any part thereof, or which may, at any time, be required by
any governmental or public authority, except for any damage caused solely by Tenant's
negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or
dangerous condition associated with the Building System. As used herein, 'Building Systems'
means the building utility elements essential for Tenant's use and occupancy of the Premises
including, but not limited to, such systems as are not readily accessible to Tenant, such as
underground water, sewer, electric and other utility lines and all elevator services and
maintenance services related to the Premises. Tenant shall surrender the Premises in as good
order, repair and condition, or better, as the same were in the commencement of the Term,
damage by fire and items covered by extended coverage insurance, unavoidable casualty,
reasonable wear and tear, alterations, improvements and additions made by Tenant and
Landlord's failure to repair excepted.
14. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City
Code requirements, and subject to the approval of Landlord. Tenant is responsible for care,
maintenance, and replacement of any and all signs.
15. TAXES. Tenant, during all terms, shall be responsible for all general ad valorem real
estate taxes and assessments which may be imposed upon the Premises. Tenant shall further
pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal
property of Tenant contained in the Premises. As used herein, the term 'real estate tax"'
includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise
tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax,
including any city, county, state or federal government, or any school, agricultural, lighting,
drainage or other improvement district thereof or any public or quasi-public agency or
governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon
Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy
of the Premises.
Tenant shall pay, as additional rent, on the 15` day of each month during the term of this
lease an amount calculated by Landlord to provide for payment installments of real estate taxes
and special assessments, as those payments accrue. The monthly payment shall be adjusted
from time to time as the costs of real estate taxes are known so that the amount held by
landlord will be sufficient to pay those obligations in full and in a timely manner.
Any deficiency in the amount necessary to timely pay the obligations provided for shall be
promptly reimbursed by Tenant upon notice. At the end of the lease period a reconciliation will
take place to refund any excess funds collected by Landlord to Tenant, or for Tenant to pay
Landlord whatever additional sums are needed to account for all taxes accrued during Tenant's
tenancy.
Tenant and Landlord agree to promptly provide the other with copies of statements for taxes so
that payment can be made in a timely manner and each can document the amount of the
payments due and made.
16. INSURANCE. Tenant covenants and agrees that it will at its own expense procure
and maintain general insurance in a company or companies authorized to do business in the
State of Iowa, in the following amounts:
Tvoe of Coverage
a. Comprehensive General Liability Each Occurrence Aggregate
(1) Bodily Injury & Property Damage $1,000,000 $2,000,000
b. Excess Liability $1,000,000 $1,000,000
c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa.
Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the
Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of
execution of this Lease, Certificates of Insurance and copies of said policies, naming the
Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord
before cancellation of said insurance.
17. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord
from any and all liability, whether in contract or tort (including strict liability and negligence) for
any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees,
agents or invitees during the term of this Lease, including, but not limited to, loss, damage or
injury to the property of Tenant that may be located or stored in the Premises, unless such loss,
damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct.
The parties hereby agree that under no circumstances shall the Landlord be liable for indirect,
consequential, special or exemplary damages, whether in contract or tort (including strict liability
and negligence), such as, but not limited to, loss of revenue or anticipated profits or other
damage related to the leasing of the Premises under this Lease.
18. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or
in part by fire or other casualty, Landlord shall repair and restore the Premises to a good
tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or
shall abate pro rata for the portion rendered untenantable in case a part only is untenantable,
until the Premises is restored to a tenantable condition. Landlord shall commence and complete
all work required to be done under this Section with reasonable promptness and diligence. In
4
the event Landlord repairs or restores the Premises, the rent due under this Lease shall be
abated or reduced proportionately during any period which, by reason of such damage or
destruction, there is any interference with the operation of the business of Tenant. If Landlord
does not commence the repair or restoration within fifteen (15) days after the damage or
destruction occurs, or if repair or restoration will require more than ninety (90) days to complete,
Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's
election to do so at any time prior to the commencement of the repair or restoration. In that
event, this Lease shall terminate as of the date of such damage or destruction, without further
liability other than accrued but unpaid rent, utilities and or applicable taxes.
19. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by
condemnation or under the power of eminent domain, or sold under the threat of the exercise of
said power (all of which are herein called "condemnation"), this Lease, at Tenant's sole
discretion, shall automatically terminate, without further liability other than accrued but unpaid
rent, utilities and or applicable taxes, as of the date the condemning authority takes title or
possession, whichever occurs first.
If any other taking (of the Premises or otherwise) adversely and substantially affects
Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect
to terminate this Lease as of the date the condemning authority takes possession, without
further liability other than accrued but unpaid rent, utilities and or applicable taxes. Tenant's
election to terminate shall be made in writing within thirty (30) days after Landlord has given
Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days
after the condemning authority has taken possession). If Tenant does not terminate this Lease
in accordance with this Section, this Lease shall remain in full force and effect as to the portion
of the Premises remaining, except that rent shall be reduced in the proportion that the area
taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its
expense, shall promptly repair any damage to the Premises caused by condemnation and
restore the remainder of the Premises to the reasonable satisfaction of Tenant.
Any award or payment made upon condemnation of all or any part of the Premises
shall be the property of Landlord, whether such award or payment is made as compensation for
the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion
of any such award or payment for loss of or damage to Tenant's trade fixtures, removable
personal property, and additions, alterations and improvements made to the Premises by
Tenant, and for its loss of business or the leasehold herein created or any other consequential
or special damages, such as Tenant's relocation and moving expenses.
20. DEFAULTS. The following shall constitute "Events of Default":
(a) Monetary. Tenant shall fail to pay rent at the time required or any other
monetary obligation or payment required under this Lease when due, and such failure shall
continue for a period of ten (10) days following written notice from Landlord to Tenant; or
(b) Non-performance. Tenant shall fail to observe or perform any of the other
covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail
to be accurate and complete, and such failure shall continue and not be cured for a period of
thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not
reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur
only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue
such efforts to completion; or
(c) Bankruptcy: Receivership. If (i) Tenant files a petition in bankruptcy or for
reorganization or for an arrangement pursuant to any present or future federal or state
bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or
insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability
5
to pay its debts generally as they become due, or if a petition or answer proposing the
adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future
federal or state bankruptcy law or any similar federal or state law is filed in any court and such
petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii)
A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of
the Leased Premises or any portion thereof is appointed in any proceeding brought by or
against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant
consents to or acquiesces in such appointment.
21. REMEDIES.
Upon the occurrence of an Event of Default by Tenant, or at any time thereafter
during the continuance of such Event of Default, Landlord may take any of the following actions
and shall have the following rights against Tenant:
(a) Termination. Landlord may elect to terminate the Lease by giving no less than
thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in
such notice, this Lease and all rights of Tenant hereunder. shall terminate as fully and
completely and with the same effect as if such date were the date herein fixed for expiration of
the Term and Tenant shall remain liable as provided in Section (c) below.
(b) Eviction. Landlord shall have the immediate right upon termination of this
Lease to bring an action for forcible entry and detainer.
(c) Tenant to Remain Liable. No termination of this Lease pursuant to the
provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises
or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and
obligations hereunder, all of which shall survive such termination, repossession or reletting.
(d) Damages. In the event of any termination of this Lease or eviction from or
repossession of the Premises or any part thereof by reason of the occurrence of an Event of
Default:
(i) Rent and Charoes. Tenant shall pay to Landlord the rent and other sums
and charges required to be paid by Tenant for the period to and including the end of the
applicable Term or expiration of an exercised option period as provided for by Section 3 above,
whichever is later.
(ii) Leased Premises. Landlord shall be entitled to offset any amount owing
by Tenant under the preceding section, (d)(i), against any "value added damages" Landlord may
be liable for pursuant to this Lease.
(e) Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or
reserved to Landlord is intended to be exclusive of any other right or remedy, and each and
every right and remedy shall be cumulative and in addition to any other right or remedy given
hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other
remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable
law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the
covenants, agreements, conditions or provisions of this Lease, or to a decree compelling
performance of this Lease, or to any other remedy allowed to Landlord at law or in equity.
(f) Landlord's Right to Cure. If after written notice, Tenant fails to pay any utilities
charges described in Section 6, insurance premiums described in Section 16, real estate taxes
described in Section 15, the cost of any of the repairs or maintenance required to be made by
Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid
under the Lease, Landlord shall have the right, but not the obligation, to make all such
n
payments, and in addition to its other remedies under this Lease, Landlord shall have the option
of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed
additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the
"Default Rate").
(g) Late Charge. Default Rate. If Landlord does not receive payment of any
installment of rent or any other sum or charge required to be paid by Tenant to Landlord
hereunder within ten (10) days after the same falls due (regardless of whether Tenant has
received notice of the delinquency), Landlord may impose a late charge equal to five percent
(5%) of the amount of such delinquent sum and if such sum is not received by Landlord within
thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from
the due date until the date paid.
(h) Non-Waiver. The failure of Landlord to insist upon strict performance of any of
the covenants or conditions of the Lease, or to exercise any options herein conferred in any one
or more instances shall not be construed as a waiver or relinquishment for the future of any
such covenant, condition, or option, but the same shall be and remain in full force and effect.
The receipt by Landlord of any rent or any other sum payable hereunder with knowledge of the
breach of any covenants or agreements contained herein shall not be deemed a waiver of such
breach.
22. HOLDING OVER. If Tenant remains in possession of the Premises after the
expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall
be deemed to be occupying the Premises as a tenant from month-to-month, subject to all of the
conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-
month tenancy.
23. ACCESS BY LANDLORD.
(a) Landlord or Landlord's agents, representatives or employees shall have the
right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in
which case only such notice, if any, as may be feasible under the circumstances shall be
required) to enter upon the Premises for the purposes of inspecting the same, determining
whether this Lease is being complied with, and curing (as permitted herein) any default by
Tenant.
(b) Landlord or Landlord's agents, representatives, or employees shall have the
right whenever necessary and without notice to enter upon the Premises for the purpose of
repairing or maintaining any of Landlord's property adjacent to or abutting the Premises.
24. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the
Premises that Tenant, its employees, and agents shall not discriminate against any person in
employment or public accommodation because of race, religion, color, creed, gender identity,
sex, national origin, sexual orientation, mental or physical disability, marital status or age.
"Employment" shall include but not be limited to hiring, accepting, registering, classifying,
upgrading, or referring to employment. "Public accommodation' shall include but not be limited
to providing goods, services, facilities, privileges and advantages to the public.
(a) Landlord and Tenant shall construct all improvements according to plans and
specifications that meet the requirements imposed by the Americans with Disabilities Act , (43
U.S.C. §12101 et. sec .), as amended and any regulations promulgated pursuant thereto ("ADA
Requirements') effective at the time of construction of the improvements
(b) Landlord and Tenant mutually agree to maintain and operate such facilities and
services in compliance with the requirements imposed by or pursuant to Sections 27.7 and
27.9(b) of Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary of Transportation, Part 27, Nondiscrimination on the Basis of Disability in
7
A
Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and as said
Regulations may be amended
(c) Landlord and Tenant mutually agree to maintain and operate such facilities and
services in compliance with the requirements imposed by or pursuant to Section 21.5 of Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary
of Transportation, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department
of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may be amended.
(d) Landlord hereby covenants and agrees to prohibit Iowa City's employees,
officers, board members, or agents from participating in selection, award, or administration of a
third party contract orsub-agreement supported by Federal funds if a real or apparent conflict of
interest would be involved.
(e) Tenant hereby represents and warrants that neither it, nor its principals is
presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily
excluded from participation in this lease and from participation in any nonprocurement activities
by any Federal department or agency.
25. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity,
performance and enforcement of this Lease.
26. NOTICES. Notices, statements and other communications to be given under the
terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or
registered mail, or by commercial courier, return receipt requested, and addressed as follows:
If to Landlord: With Cooies to: If to Tenant:
Parking and Transit Director Iowa City Attorney Hieronymi Partnership, L.L.P.
335 E. Iowa Ave. 410 E. Washington St. 152 E. Court St.
Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52240
The address and person for written communication may be changed upon ten (10)
days' written notice to the other party.
27. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under
or through them hereby mutually release and discharge each other, any other tenants or
occupants of the building in which the Premises is located, and the officers, employees, agents,
representatives, customers and business visitors of Landlord or Tenant or such other tenants or
occupants, from all claims, losses and liabilities arising from or caused by any hazard covered
by insurance on or in connection with the Premises or said building, even if caused by the fault
or negligence of a released party. This release shall apply only to the extent that such claim,
loss or liability is covered by insurance.
28. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws
during the term of the Lease, but shall bear no liability whatsoever and shall not assume any
conditions for any existing environmental materials or Hazardous Materials on the Premises.
Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all
loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur
as a result of any claim, demand or action related to environmental conditions, Hazardous
Materials or any other environmental laws and regulations not directly resulting from Tenant's
activities on the Premises.
29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall
include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants,
contaminants, hazardous wastes, toxic substances, and any other chemical, material or related
substance exposure to which is prohibited or regulated by any governmental authority having
8
n '
jurisdiction over the Premises, any substances defined as 'hazardous substances,"
"hazardous materials' or "toxic substances" in the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended, by Superfund Amendments and
Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Ad, 42
U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act,
15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or
rulings of the state in which the Premises is located or any local ordinance affecting the
Premises; or the regulations adopted in publication promulgated pursuant to any of such laws
and ordinances.
30. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease,
as determined by a court of competent jurisdiction, shall in no way affect the validity of the
remainder of this Lease or any other provision hereof.
31. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto
or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions
between Landlord and Tenant concerning the Premises and this Lease and there are no
covenants, promises, agreements or conditions, either oral or written, between them. This
Lease may not be modified or amended in any manner except by an instrument in writing
executed by the parties hereto.
32. BINDING EFFECT. The covenants, conditions and agreements contained in the
Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective
successors.
33. ATTORNEY FEES. If either party named herein brings an action to enforce the
terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on
trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as
fixed by the court.
34. HEADING. Headings as to the contents of particular sections herein are inserted
only for convenience, and are in noway to be construed as a part of the Lease or as a limitation
on the scope of the particular section to which they refer.
35. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall
be deemed to be an original and all of which shall, when taken together, constitute but one and
the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be
effective as of the day and year first above written.
Landlord: Tenant:
CIT F IOWA CITY
~~
ayor
PARTNERSHIP, L.L.P.
G
Hieronymus, Managihq Partner
Attest:
~,~ ~J ~ - s~.tJ
City Z;fe~k
9
h
N ~.
CITY ACKNOWLEDGMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~ day of JuN~ , 2006, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally
known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said
municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal
of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers
acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed.
o,~ SONDRAE FORT
Commission Number 159791 ~` ~ ~~ ~-- I
' My Commission E>~ires "^^~' n ~- T~
ow o Notary Public in and for the State of Iowa
HIERONYMI PARTNERSHIP ACKNOWLEDGMENT
STATE OF Iowa )
SS:
Johnson COUNTY )
On this 5th day of June , 2006, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared John A. Hieronymus, of Hieronymi Partnership to
me personally known, who being by me duly sworn, did identify himself as John A. Hieronymus, of
Hieronymi Partnership and acknowledge the execution of the instrument to be his own voluntary act and
deed.
Jay C. Oehler ~, ~ ~~
Commission Number 204791 Nota ublic in and for the State of Iowa
Iowa Notarial Seal
My Commission Expires 9/23/2006
Approved:
~~ ~ ~~~~
City Attorney
Eric/Parking and TransiUH Partners/Lease
10
~3
FIRST ADDENDUM TO LEASE AGREEMENT
This Agreement is made between Hieronymi Partnership L.L.P. (hereinafter "Tenant") and City
of Iowa City (hereinafter "City").
WHEREAS, City and Te ant previously entered into a lease agreement ("Lease') executed
June 13, 2006, for the leas of approximately 760 square feet of comm Dial space in the Court
Street Transportation Cente Iowa City, Johnson County, Iowa, ("Pr ises'") for a term of two
(2) years with a one (1) year newable option; and
WHEREAS, Tenant has choseh to exercise the (1) year optio to lease the Premises through
June 30, 2009, under the terms negotiated in said lease; and
WHEREAS, Tenant now wishes td have an option of on (1) additional renewal period for two
(2) successive years, and City is wi~jng to extend said tion to renew under the terms provided
herein.
NOW, THEREFORE, the parties agree ffs follows/
1. The option term described in the'
(hereinafter "First Option Term")
negotiated in the Lease attached r
2. Tenant shall be granted one
Term")upon the same terms and
below, for a two (2) year term, rr
3. During the first twelve (12) m nth;
eas running from July 1, 2008 until June 30, 2009
is hereby exercised by Tenant, under the terms
to, and incorporated by this reference.
i)\additional option (hereinafter "Second Option
ndi 'ons contained in the Lease, except as described
nen 'ng July 1, 2009.
of th Second Option Term Tenant shall pay rent to
City in the amount of $830 er month. uring the second twelve (12) months of the
Second Option Term Tena t shall pay $86 per month. All payments shall be made on
or before the first day oft calendar month r which rent is due.
Tenant shall be require to give notice to Ci , in writing, not less than one hundred-
twenty (120) days prio to the expiration of the First Option Term of Tenant's intent to
exercise the Second ption Term. Failure to pro ide said notice shall result in the lapse
of the Second Optio ,unless accepted, in writing, City.
All other terms and conditions of the attached lease agreement shall remain in full force
and effect during a option periods, unless modified i writing by both parties.
Landlord:
CITY OF IOWA C
Tenant:
HIERONYMI PARTNERSHIP. L.L.P.
Mayor / John A. Hieronymus\anaging Partner
v
Attest: Ap vpyo~ ed by
~ ~~,~~
City Clerk
City Attorney's Office
CITY ACKNOWLEDGMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this day of , 2008, before me, the undersigned, a
notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K.
Karr, to me personally ,own, 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 ffixed thereto is the seal of said municipal orporation; that said
instrument was signed and s aled on behalf of said municipal corporati by authority of its City
Council; and that the said Mayer and City Clerk as such officers ackno ledged that the execution
of said instrument to be the ~roluntary act and deed of said cor ration, by it and by them
voluntarily executed.
Public in and for the
STATE OF Iowa
COUNTY
HIERONYMI
SS:
L.L.P. ACKNOWLEDGMENT
Iowa
On this day of , 2008, before me, the undersigned, a
Notary Public in and for the State of Iowa, perso ally appeared John A. Hieronymus, Managing
Partner of Hieronymi Partnership, L. L'. P. to me pe ovally known, who being by me duly sworn,
did identify himself as John A. Hieronymus, Mana ng Partner of Hieronymi Partnership, L.L.P.
and acknowledge the execution of the instrument to b~ his own voluntary act and deed.
Notary Public in
EriGParking and TransiUH Partners/ Lease Addendum.doc
the State of Iowa
`,
ORIGI~Nyy.~(AL
P. L.L.P. ~U
This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or
"Landlord") and Hieronymi Partnership, L.L.P. ("Tenant") in Iowa City, Iowa.
RECITALS
A. The City of I a City, a municipal corporation, is a owner of fee title to certain
premises situated in the C of Iowa City, ~ tate of Iowa, P only known as the Court Street
Transportation Center, and s the authorit to lease said emises.
B. Hieronymi Partners ~ L.L.P. intends to a the space as an office for general
management of property holding
C. The parties desire to ent into a leas for space in the Court Street Transportation
Center. located at 152 E. Court Street. owa Cit . IA.
In consideration of the foregoing and the~l~yfual covenants hereinafter contained, and for other
good and valuable consideration, the recei and sufficiency of which are hereby acknowledged
by the parties, Landlord and Tenant here a ree as follows:
DATE. This Lease is
2. PREMISES. Lar
from Landlord for the Term
space located in the Court
on the ground level of the
site plan on Exhibit "A" (the
the continuous and uninterr
na~fe to be effectiv$as of June 14th, 2006
hereby leases to Ten nt and Tenant hereby leases and takes
eal property comprising pproximately 760 square feet of floor
~t Transportation Center, 2 E. Court Street, Iowa City, Iowa,
Street Transportation Cent more particularly described in the
mises") attached hereto and corporated herein, together with
right of access to and from the remises.
3. TERM. The t,E•rm of this Lease ("Term") shall be from ne 14~h, 2006 through June
30~", 2008, unless soor}~r terminated pursuant to any provision here
Option to Renew. With the exception of Section 5 entitled "rent," Tenant shall have the
option to renew thig Lease upon the same terms and conditions conta ed herein for one (1)
successive one (1)!year term following the initial term. Tenant shall be re fired to give notice to
Landlord, in writing, not less than one hundred-twenty (120) days prior to he expiration of the
preceding term of Tenant's intent to exercise an option for the renewal term. Rent for the option
term shall be $7,98 per month.
4. FIT-OUT. Landlord will reimburse Tenant for Tenant's acts
expenditures,~for fit-out expenses, not to exceed $18,240.00. As part of these
Tenant sh~fl construct at least one bathroom with a toilet and sink. All
reimburs or not, is subject to prior landlord approval.
documented
vtexpenses
gut, whether
5. RENT. Tenant shall pay a deposit for damage or default in the amount of one
month's base rent upon the execution of this lease. Said deposit may not be offered by Tenant
in lieu of regular monthly rent payments. Tenant shall have possession of the premises June
14`", 2006, and will pay $430.67 for the period of June 14`" -June 30, 2006. Tenant shall
thereafter pay to Landlord $760 per month as rent for the use of the Premises, payable in
advance on or before the first day of each calendar month of the initial term. Rent for the option
term, if exercised, shall be $798 per month.
Rent shall be payable to the Court Street Transportation Center, at the Iowa City Parking
Office at 335 E. Iowa Ave., Iowa City, IA 52240, or at such other address as Landlord may
designate by written notice as provided herein.
6. UTILITIES ~
limited to, water, sews
regular cleaning servic
responsible for any co
cleaning (twice a year),
sidewalk and exterior w
D JANITORIAL. Tenant shall pay for all utilities, including, but not
gas, and electricity. Tenant shall pay for all janitorial services and
to the Premises, as well as garbage removal. Landlord will be
i area maintenance, including, but not limited to, exterior window
sidewalk cleaning. Tenant may wish to enhance the upkeep of the
vs as needed outside of this set maintenance schedule.
ES. Tenant shall use th Premises for an office to manage property
y not be used for an other purpose without written approval of
'r ises includes o provision for parking. Tenant must secure its
7. USE OF PREMI:
holdings. The Premises m
Landlord.
8. PARKING. The
own parking.
9. QUIET ENJOYMENT.
observes and performs all of the
shall peaceable and quietly have
encumbrance, interference or hindr
or denied through rezoning, enviro
public agency or governmental a
terminate as of the effective date of
the Term will abate.
10.
Landlord%covenants and agrees that so long as Tenant
reemefits and covenants required of it hereunder, Tenant
hold ,and enjoy the Premises for the Term without any
a ceby Landlord. If Tenant's use of the Premises is limited
nm ntal impact edict, or other action of any public or quasi-
uth ity, this Lease, at the sole option of Tenant, shall
such action and the rent applying to the unexpired portion of
Landlord
hereby represents, warrants and covenants t Tenant that as of the Commencement Date: "
(a) Landlord is the sole owner in fee imple of the Premises and has full right, power
and authority to grant the estate demised herei and to execute and perform all of the terms,
provisions, covenants and agreements provided in his Lease;
(b) to the best of its knowledge, the Pr ises complies with all applicable zoning
requirements, ordinances, regulations, and all app cable laws, affecting the Premises or
required in Tenant's use of the Premises or comm areas appurtenant to the Premises,
including the Americans with Disabilities Act (or other la s affecting handicapped access) and
any environmental impact or traffic studies or requirement • and
(c) the Premises does not contain any asbestos Hazardous Materials (as defined
in Section 28 herein) and Landlord is not in violation of any fe ral, state or local law, ordinance
or regulation relating to industrial hygiene or to the environmen I conditions on, under or about
the Premises including, but not limited to, soil and ground water ndition, and that no previous
occupant of the Premises has used, generated, manufactured, st ed or disposed of on, under
or about the Premises any Hazardous Materials, as determine by a Court of competent
jurisdiction. ~
11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease
all or a part of the Premises for any purpose, without the prior written consent of Landlord. If
Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to
remain primarily liable for the payment of rent for the remaining term of this Lease.
12. ALTERATIONS. IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's
consent, may make any alterations, improvements, or additions in, on or about the Premises,
which Tenant may deem necessary or desirable, except for structural repairs and maintenance,
which are the sole obligation of Landlord, provided such alteration, improvement, or addition
costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one
thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written
description of the proposed work along with plans and drawings respecting the same to
Landlord for Landlord's app val, which approval shall not be unreasonably delayed or withheld.
Tenant, at its option, may r 'move such alterations, improvements, or additions made by it in, on
or about the Premises if th removal may be done without structural damage to the Premises.
Tenant's personal property and its trade fixtures, including all machinery, equipment and
furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal
property, trade fixtures, alter tions, improvements, or additions ;not removed by Tenant within
thirty (30) days after the end f the Term shall automatically b~'come the property of Landlord.
Landlord shall, at its sole ex ense, make any alterations, i provements or additions to the
Premises (structural or non-str ctural) that may be required o account of any existing or future
laws of any governmental a thority, except alterations, provements or additions to the
Premises as may be required s lely by reason of the natu of Tenant's business. In no event
shall Tenant make any changes modifications, alternatio s, or additional to the exterior of the
Premises without Landlords' spe ific written approval, n withstanding any provision contained
herein to the contrary.
13. REPAIRS AND MAINT ANCE. Tenant hall make ordinary interior repairs in the
Premises, including for plumbing an electrical fixtur s, and be responsible for maintenance of
all floor coverings, as well as be res onsible for pr testing against insect and pest infestation.
Landlord shall maintain and promptly ake all ext for repairs and common area maintenance,
all repairs, replacements or retro-fitting of a per Went character (including, but not limited to,
components in the air conditioning, boile and he ting systems, HVAC system, sprinkler system,
gas lines, and hot water systems, include g he ters), and all floors (excluding floor coverings),
wall, roof (including water tightness), foun ate n, footings, Building Systems (as herein defined)
and structural repairs, support system strengthenings, alterations, reconstructions, or
additions necessitated by reason of lap of time, weakness or decay, or damage to or
destruction of the Premises, or to any part t ereof, or which may, at any time, be required by
any governmental or public authority, ri=xce t for any damage caused solely by Tenant's
negligence. Tenant shall promptly notify Lan lord of any known defect, damage, decay or
dangerous condition associated with the Buildi g System. As used herein, 'Building Systems'
means the building utility elements essential for Tenant's use and occupancy of the Premises
including, but not limited to, such systems as a not readily accessible to Tenant, such as
underground water, sewer, electric and other tility lines and all elevator services and
maintenance services related to the Premises. Ten nt shall surrender the Premises in as good
order, repair and condition, or better, as the same were in the commencement of the Term,
damage by fire and items covered by extended c verage insurance, unavoidable casualty,
reasonable wear and tear, alterations, improvemen and additions made by Tenant and
Landlord's failure to repair excepted.
14. SIGNAGE. Tenant may, at Tenant's expens install signage, consistent with City
Code requirements, and subject to the approval of Land rd. Tenant is responsible for care,
maintenance, and repl~ement of any and all signs.
15. TAXES. T Want, during all terms, shall be respons le for all general ad valorem real
estate taxes and as eSsments which may be imposed upon t Premises. Tenant shall further
pay all taxes asses ed against and levied upon Tenant's trade fixtures, and all other personal
property of Tenant contained in the Premises. As used herei ,the term 'real estate tax"'
includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise
tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax,
including any city, county, state or federal government, or any school, agricultural, lighting,
drainage or other improvement district thereof or any public or quasi-public agency or
governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon
3
Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy
of the Premises.
Tenant shall pay, as additional rent, on the 1°` day of each month during the term of this
lease an amount calculated by Landlord to provide for payment installments of real estate taxes
and special assessments, as those payments accrue. The monthly paymeyit shall be adjusted
from time to time as the cost of real estate taxes are known so that the amount held by
landlord will be sufficient top y those obligations in full and in a timely,manner.
Any deficiency in the amount necessary to timely pay the obligatio provided for shall be
promptly reimbursed by Ten nt upon notice. At the end of the le a period a reconciliation will
take place to refund any exc ss funds collected by Landlord to enant, or for Tenant to pay
Landlord whatever additional sums are needed to account for II taxes accrued during Tenant's
tenancy. I
Tenant and Landlord agree to promptly provide the other ith copies of statements for taxes so
that payment can be made in timely manner and each an document the amount of the
payments due and made.
16. INSURANCE. Tenan covenants and rees that it will at its own expense procure
and maintain general insurance 'n a company o companies authorized to do business in the
State of Iowa, in the following am unts:
Tvoe of Coverage
a. Comprehensive Gen ral~'iability Each Occurrence Aggregate
(1) Bodily Injury & P; perty Damage $1,000,000 $2,000,000
b. Excess Liability $1,000,000 $1,000,000
c. Worker's Compensation In urance as required by Chapter 85, Code of Iowa.
Tenant's insurance carrier shall be A r'~t
Landlord as an additional insured. Tenant sh
execution of this Lease, Certificates of InSL
Landlord as an additional insured. Tenant sha
before cancellation of said insurance.
j or better by A.M. Best. Tenant shall name the
deliver to the Landlord, within thirty (30) days of
ante and copies of said policies, naming the
,provide fifteen (15) days' notice to the Landlord
17. INDEMNITY! Landlord hereby disclai ,and Tenant hereby releases the Landlord
from any and all liability, whether in contract or to (including strict liability and negligence) for
any loss, damage op injury of any nature whats ver sustained by Tenant, its employees,
agents or invitees daring the term of this Lease, in uding, but not limited to, loss, damage or
injury to the properjiy of Tenant that may be located o stored in the Premises, unless such loss,
damage or injury is'caused by the Landlord's gross ne ligence or intentional willful misconduct.
The parties hereb agree that under no circumstances hall the Landlord be liable for indirect,
consequential, sp cial or exemplary damages, whether i contract or tort (including strict liability
and negligence),~uch as, but not limited to, loss of re enue or anticipated profits or other
damage related to the leasing of the Premises under this Le se.
18. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or
in part by fire or other casualty, Landlord shall repair and restore the Premises to a good
tenantable condition. All. rent shall wholly abate in case the entire Premises is untenantable, or
shall abate pro rata for the portion rendered untenantable in case a part only is untenantable,
until the Premises is restored to a tenantable condition. Landlord shall commence and complete
all work required to be done under this Section with reasonable promptness and diligence. In
4
S
the event Landlord repairs or restores the Premises, the rent due under this Lease shall be
abated or reduced proportionately during any period which, by reason of such damage or
destruction, there is any interference with the operation of the business of Tenant. If Landlord
does not commence the repair or restoration within fifteen (15) days after the damage or
destruction occurs, or if repair or restoration will require more than ninety (90) days to complete,
Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's
election to do so at any time prior to the commencement of the repair r restoration. In that
event, this Lease shall terminate as of the date of such damage or de ruction, without further
liability other than accrued but unpaid rent, utilities and or applicable t es.
19. CONDEMNA ION. If all the Premises or a substanti portion thereof is taken by
condemnation or under th power of eminent domain, or sold un er the threat of the exercise of
said power (all of which re herein called "condemnation" , this Lease, at Tenant's sole
discretion, shall automatical terminate, without further liab~ y other than accrued but unpaid
rent, utilities and or applicab taxes, as of the date the ondemning authority takes title or
possession, whichever occurs fi t.
If any other taking (oft Premises of
Tenant's use, access, or rights of ing ss or egre
to terminate this Lease as of the d e the cor
further liability other than accrued but npaid r~
election to terminate shall be made in iting
Tenant written notice of the taking (or in e ~k
after the condemning authority has taken p e:
in accordance with this Section, this Lease II
of the Premises remaining, except that rent
taken diminishes the value and use of khe Pr
expense, shall promptly repair any damage to
restore the remainder of the Premises to the reas
oth ise) adversely and substantially affects
ss o or to the Premises, then Tenant may elect
rd tuning authority takes possession, without
t, utilities and or applicable taxes. Tenant's
athin thirty (30) days after Landlord has given
Bence of such notice, within fifteen (15) days
rsion). If Tenant does not terminate this Lease
remain in full force and effect as to the portion
all be reduced in the proportion that the area
mises to Tenant. In addition, Landlord, at its
he Premises caused by condemnation and
o ble satisfaction of Tenant.
Any award or payment made upon Conde nation of all or any part of the Premises
shall be the property of Landlord, whether such award r payment is made as compensation for
the taking of the fee or as severance damages; provide Tenant shall be entitled to the portion
of any such award or payment for loss of or damage Tenant's trade fixtures, removable
personal property, and additions, alterations and impro ments made to the Premises by
Tenant, and for its loss of business or the leasehold herein rested or any other consequential
or special damages, such as Tenant's relocation and moving penses.
20. DEFAULTS. The following shall constitute "Events
(a) Monetary. Tenant shall fail to pay rent at the time required or any other
monetary obligation or payment required under this Lease when ue, and such failure shall
continue for a period of ten (10) days following written notice from La dlord to Tenant; or
(b) Non-performance. Tenant shall fail to observe or p rform any of the other
covenants, termg or conditions contained in the Lease, or a warranty m de by Tenant shall fail
to be accurate and complete, and such failure shall continue and not be~cured for a period of
thirty (30) days after written notice by Landlord to Tenant, provided that~,if the default is not
reasonably sf~sceptible of being cured within thirty (30) days, an Event of pefault shall occur
only if the Tenant fails to promptly commence such cure or fails thereafter tea diligently pursue
such efforts to completion; or
(c) Bankruptcy: Receivership. If (i) Tenant files a petition in barrl<ruptcy or for
reorganization or for an arrangement pursuant to any present or future federal or state
bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or
insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability
5
to pay its debts generally as they become due, or if a petition or answer proposing the
adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future
federal or state bankruptcy law or any similar federal or state law is filed in any court and such
petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii)
A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of
the Leased Premises or any portion thereof is appointed in any proceeding brought by or
against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant
consents to or acquiesces in such appointment.
21. REMEDIES.
Upon the occ rence of an Event of Default by T Want, or at any time thereafter
during the continuance of ch Event of Default, Landlord m take any of the following actions
and shall have the following fights against Tenant:
(a) Termination. andlord may elect to ter inate the Lease by giving no less than
thirty (30) days' prior written n tice thereof to Tenant, nd upon the passage of time specified in
such notice, this Lease and II rights of Tenan hereunder. shall terminate as fully and
completely and with the same a ect as if such da were the date herein fixed for expiration of
the Term and Tenant shall remai liable as provid din Section (c) below.
(b) Eviction. Landlor shall
Lease to bring an action for forcible ntry
(c) Tenant to Remaii
provisions of this Lease, by operatic
or any part thereof pursuant to this
obligations hereunder, all of which
the immediate right upon termination of this
~. No termination of this Lease pursuant to the
w or otherwise, and no repossession of the Premises
or otherwise shall relieve Tenant of its liabilities and
rvive such termination, repossession or reletting.
(d) Damages. In the a ent any termination of this Lease or eviction from or
repossession of the Premises or y part hereof by reason of the occurrence of an Event of
Default:
(i) Rent and,Charges. Ten nt shall pay to Landlord the rent and other sums
and charges required to be paid by Tenant or the period to and including the end of the
applicable Term or expiration,of an exercised o tion period as provided for by Section 3 above,
whichever is later.
(ii) L
by Tenant under the pre
be liable for pursuant to
(e) Righ
reserved to Landlord
every right and reme
hereunder or now or
remedies provided ir>`
law, to injunctive rely
covenants, agreenie
d Premises. Landlord all be entitled to offset any amount owing
ng section, (d)(i), again any "value added damages" Landlord may
Lease.
:.umulative, Non-Waiver. No ri ht or remedy herein conferred upon or
intended to be exclusive of an other right or remedy, and each and
shall be cumulative and in addit n to any other right or remedy given
hereafter existing at law or in equity r
this Lease, Landlord shall be entitled, c
fin case of the violation, or attempted
its, conditions or provisions of this t
performance of thi$ Lease, or to any other remedy allowed to
by statute. In addition to the other
the extent permitted by applicable
threatened violation, of any of the
ase, or to a decree compelling
L ndlord at law or in equity.
(f) ,Landlord's Right to Cure. If after written notice,
charges described in Section 6, insurance premiums described i
described in Section 15, the cost of any of the repairs or mainte
Tenant pursuant to the Lease or any other charges, costs or
under the Lease, Landlord shall have the right, but not the
enant fails to pay any utilities
n ection 16, real estate taxes
na a required to be made by
expenses required to be paid
obligation, to make all such
6
h
payments, and in addition to its other remedies under this Lease, Landlord shall have the option
of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed
additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the
"Default Rate").
(g) Late Charge. Default Rate. If Landlord does not receive payment of any
installment of rent or any other sum or charge required to be paid by Tenant to Landlord
hereunder within ten (10) d ys after the same falls due (regardless of whether Tenant has
received notice of the d quency), Landlord may impose ate charge equal to five percent
(5%) of the amount of s ch delinquent sum and if such su is not received by Landlord within
thirty (30) days of its due date, such sum shall, in addition/bear interest at the Default Rate from
the due date until the dat paid.
(h) Non-Wai r. The failure of Landlord o insist upon strict performance of any of
the covenants or condition of the Lease, or to exer se any options herein conferred in any one
or more instances shall no be construed as a fiver or relinquishment for the future of any
such covenant, condition, o option, but the sa shall be and remain in full force and effect.
The receipt by Landlord of a rent or any oth sum payable hereunder with knowledge of the
breach of any covenants or a eements conta" ed herein shall not be deemed a waiver of such
breach.
22. HOLDING OVER. If Tenant mains in possession of the Premises after the
expiration or termination of this L se, a without the execution of a new Lease, Tenant shall
be deemed to be occupying the Pr mise,>~as a tenant from month-to-month, subject to all of the
conditions, provisions and obligatio o this Lease insofar as they are applicable to a month-to-
month tenancy.
23.
(a) Landlord or Landlord's gents, representatives or employees shall have the
right at any time upon at least twenty-f r (24) hours oral notice (except in emergencies, in
which case only such notice, if any, as ay be feasible under the circumstances shall be
required) to enter upon the Premises for he purposes of inspecting the same, determining
whether this Lease is being complied with, and curing (as permitted herein) any default by
Tenant.
(b) Landlord or Landlord's agents representatives, or employees shall have the
right whenever necessary- and without notice t enter upon the Premises for the purpose of
repairing or maintaining any of Landlord's propert adjacent to or abutting the Premises.
24. NON-DISCf~IMINATION. Tenant coven ts, in consideration of the right to lease the
Premises that Tenant its employees, and agents s all not discriminate against any person in
employment or public accommodation because of r e, religion, color, creed, gender identity,
sex, national origin, sexual orientation, mental or p ysical disability, marital status or age.
"Employment" shall; include but not be limited to hi ' g, accepting, registering, classifying,
upgrading, or referring to employment. "Public accomm ation" shall include but not be limited
to providing goodsjrservices, facilities, privileges and adva tages to the public.
(a) Landlord and Tenant shall construct all im ovements according to plans and
specifications th~ meet the requirements imposed by the A ricans with Disabilities Act , (43
U.S.C. §12101 At. sec.), as amended and any regulations pro ulgated pursuant thereto ("ADA
Requirements") effective at the time of construction of the impr vements
(b) Landlord and Tenant mutually agree to maintain nd operate such facilities and
services in compliance with the requirements imposed by or pursu t to Sections 27.7 and
27.9(b) of Title 49, Code of Federal Regulations, Department of Tran ortation, Subtitle A,
Office of the Secretary of Transportation, Part 27, Nondiscrimination on the Basis of Disability in
7
Programs and Activities Receiving or Benefiting from Federal Financial Assistance, and as said
Regulations may be amended
(c) Landlord and Tenant mutually agree to maintain and operate such facilities and
services in compliance with the requirements imposed by or pursuant to Section 21.5 of Title 49,
Code of Federal Regulations, Department of Transportation, Subtitle ;Office of the Secretary
of Transportation, Part 21, Nondiscrimination in Federally-Assisted rograms of the Department
of Transportation-Effectu~ion of Title VI of the Civil Rights Act of 964, and as said Regulations
may be amended.
(d) Landlord ereby covenants and agrees to ohibit Iowa City's employees,
officers, board members, o agents from participating ins ection, award, or administration of a
third party contract or sub-a reement supported by Fed al funds if a real or apparent conflict of
interest would be involved.
(e) Tenant here y represents and
presently debarred, suspend ,proposed for d
excluded from participation in his lease and frc
by any'Federal department or gency.
25. APPLICABLE LAW\ The
performance and enforcement of'this I
26. NOTICES. Notices, s
terms of the Lease shall be in wri
registered mail, or by commercial
If to Landlord:
Parking and Transit Director
335 E. Iowa Ave.
Iowa City, IA 52240
The address and
days' written notice to the otl
27. WAIVER I
or through them her
occupants of the built
representatives, custc
occupants, from all cl
by insurance on or in
or negligence of a r
loss or liability is cov~
that neither it, nor its principals is
declared ineligible, or voluntarily
ration in any nonprocurement activities
the State of Iowa shall govern the validity,
Jts and other communications to be given under the
.less otherwise provided herein, and sent by certified or
return receipt requested, and addressed as follows:
With C ies to: If to Tenant:
Iowa it Attorney Hieronymi Partnership, L.L.P.
410 shington St. 152 E. Court St.
low City, IA 52240 Iowa City, IA 52240
p rson for ritten communication may be changed upon ten (10)
r party.
i BROGATION. Landlord and Tenant and all parties claiming under
utually releas and discharge each other, any other tenants or
n which the Prem~ses is located, and the officers, employees, agents,
's and busihess vi 'tors of Landlord or Tenant or such other tenants or
s, losses and liabili "es arising from or caused by any hazard covered
nection with the Pre ises or said building, even if caused by the fault
ed party. This relea a shall apply only to the extent that such claim,
by insurance.
28. ENVIR NMENTAL MATTERS. Te rr
during the term f the Lease, but shall bear no 'a
conditions for a y existing environmental materi I:
Landlord agre to indemnify, defend and hold T
loss, damage liability and expense (including reaso
as a result of any claim, demand or action relatF
Materials or any other environmental laws and reg
activities on the Premises.
will comply with all environmental laws
lity whatsoever and shall not assume any
or Hazardous Materials on the Premises.
ant harmless from and against any and all
able attorneys' fees) that Tenant may incur
to environmental conditions, Hazardous
~tions not directly resulting from Tenant's
29. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shalt
include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants,
contaminants, hazardous wastes, toxic substances, and any other chemical, material or related
substance exposure to which is prohibited or regulated by any governmental authority having
:, ;'
jurisdiction over the Premises, any substances defined as 'hazardous substances,"
"hazardous materials" or "toxic substances" in the Comprehensive Environmental Response
Compensation and Liability Act of 1980, as amended, by Superfund Amendments and
Reauthorization Act 42 U.S.C. §6901, et seq.; the Hazardous Materials Transportation Ad, 42
U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act,
15 U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq.; the laws, regulations or
rulings of the state in which the Premises is located or any local ordinance affecting the
Premises; or the regulations adopted in publication promulgated pursuant to any of such laws
and ordinances.
30. SEVERABILI Y. The invalidity or unenforceability of any rovision of this Lease,
as determined by a cou of competent jurisdiction, shall in now affect the validity of the
remainder of this Lease o any other provision hereof.
31. ENTIRE AGRE MENT. This Lease and any adde tla and exhibits attached hereto
or to be attached hereto, s t forth all of the covenants, pro ises, agreements, and conditions
between Landlord and Te nt concerning the Premise, and this Lease and there are no
covenants, promises, agree ents or conditions, either oral or written, between them. This
Lease may not be modified r amended in any manner except by an instrument in writing
executed by the parties heret ;
32. BINDING EFFECT.'The covenants, conditions and agreements contained in the
Lease shall bind, apply to and ~jnure to the benefit of the parties hereto and their respective
successors. `~,
33. ATTORNEY FEES. If ither party named herein brings an action to enforce the
terms of this Lease or to declarer hts hereunder, the prevailing party in any such action, on
trial or appeal, shall be entitled to i s reasonable attorney's fees to be paid by losing party as
fixed by the court.
34. HEADING. Headings as t~e contents of particular sections herein are inserted
only for convenience, and are in no wa to be construed as a part of the Lease or as a limitation
on the scope of the particular section to hich they refer.
35. COUNTERPARTS. This Leas~may be executed in counterparts, each of which shall
be deemed to be an original and all of whi h shall, when taken together, constitute but one and
the same instrument.
IN WITNESS WHEREOF, the parti
effective as of the day and year first above
hereto have executed this Instrument to be
Landlord:
CIT F IOWA CITY
ayor
Attest:
CitC~ ~_ '__~~~
Tenant:
HIERONYMI PARTNERSHIP. L.L.P.
c
Partner
K
CITY ACKNOWLEDGMENT
STATE OF IOWA )
ss:
JOHNSON COUNTY )
On this ~ day of JuN1= , 2006, before me, the undersigned, a notary
public in and for the State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personally
known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said
municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal
of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal
corporation by authority of its ty Council; and that the said Mayor and City Clerk as such officers
acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by
it and by them voluntarily execute .
My
in and for the State of Iowa
HIERONYMI PARTNERSHIP ACKNOWLEDGMENT
STATE OF Iowa ) %
SS:
Johnson COUNTY )
On this 5th day of June , 2006, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally eared John A. Hieronymus, of Hieronymi Partnership to
me personally known, who being by me duty morn, did identify himself as John A. Hieronymus, of
Hieronymi Partnership and acknowledge the execition of the instrument to be his own voluntary act and
deed. r~ , r
Jay C. Oehler ~ \_S~J~-t1~~ ~--`
Commission Number 204791 Nota ublic in ahd for the State of Iowa
Iowa Notarial Seal
My Commission Expires 9/23/2006 -
Approved:
~-~ ~~/
City Attorney
Eric/Parking and Transit/H Partners/Lease
~'
i
10
r~~ 06.03.08
14
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 08-167
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER THREE GUYS HOLDINGS LLP, AND TENANT
CORNER OF THE MEADOW, INC. D/B/A MOTLEY COW CAFE, 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, Three Guys Holdings LLP., as landlord, and Corner of the Meadow, Inc., d/b/a
Motley Cow Cafe, as tenant, applied for a temporary use of the public right-of-way at 160 N.
Linn Street 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.
Pass and approved this 3rd day of June , 2008.
1 ~`n
A
Approved by:
City Attorney's Office
Resolution No. 08-167
Page 2
It was moved by wrighc and seconded by
adopted, and upon roll call there were:
O'Donnell the Resolution be
AYES: NAYS: ABSENT:
x Bailey
-~ Champion
x Correia
Hayek
x O'Donnell
x Wilburn
x Wright
ABSTAIN:
x
wpdata/glossary/resoWfion~ic.doc
M~ 06-03-08
O 15
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 08-168
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, LANDOWNER PRODIGY ENTERPRISES L.L.C., AND TENANT
CAFFREY, INC. D/B/A DC'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, Prodigy Enterprises L.L.C., as landlord, and Caffrey, Inc., d/b/a DC's, as tenant,
applied for a temporary use of the public right-of-way at 124 S. Dubuque Street, 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 10-33 with the exception of
the number of required restrooms; 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:
Upon determination by the City Building Official that the proposed sidewalk cafe has
sufficient restrooms to meet City Code, 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.
The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
and approved this 3rd day of June , 2008.
ATTEST~Q~s~.~r~ ~ • ~~,yt/ Approved by:
CITY CLERK ~~ S~a a- ~~
City Attorney's Office
Resolution No. 08-168
Page 2
It was moved by - O'Donnell and seconded by Wright the Resolution be
adopted, and upon roll call there were:
AYES: NAYS:
x
x
X
-~
x
x
ABSENT:
Bailey
Champion
Correia
Hayek
O'Donni;ll
Wilburn
Wright
wpdata~glossary/resolution-ic.doc
~^~ IS
OO REVIEW J~ l
PLUMBING FIXTURE REQUIREMENT:
(RESTAURANT SERVING ALCOHOL)
CURRENT COUNT
MEN'S: 2-URINAL, 2 WATER CLOSET
o ~ WOMEN'S: 2 WATER CLOSET
TOTAL OCCUPANT LOAD BASED ON
FIXTURE COUNT= 120 PEOPLE
(60 MEN, 60 WOMEN)
NEW COUNT
MEN'S: 2-URINAL, 2 WATER CLOSET
WOMEN'S: 4 WATER CLOSET
^ TOTAL OCCUPANT LOAD BASED ON
O FIXTURE COUNT= 280 PEOPLE
~ (150 MEN, 130 WOMEN)
CURRENT OCCUPANT LOAD = 120 PEOPLE
NEW OCCUPANT LOAD = 280 PEOPLE
CALCULATED OCCUPANT LOAD
_ 18+7+48+4+12+2+17+12+12+10+13=155
CI
O /
8'-0" RADIUS--'
FROM \
CORNER
e
W/
tX151 IN(s-' TREE RING
CONCRETE _
SLAB LIGa~ POLE
(V
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~l~ 06-03-08
U 16
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-169
RESOLUTION APPROVING THE ACQUISITION OF A TEMPORARY CONSTRUCTION
EASEMENT AGREEMENT AND A PERMANENT EASEMENT AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE BOARD OF REGENTS, STATE OF
IOWA FOR THE BENEFIT OF THE STATE UNIVERSITY OF IOWA FOR THE
CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS
IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME.
WHEREAS, the City of Iowa City ("City") desires to construct the 2008 Dubuque /Church Street Radius
Improvement Project ("Project"); and
WHEREAS, the Board of Regents, State of Iowa for the benefit of the State University of Iowa
("University") has agreed to grant a temporary construction easement and a permanent easement
for the purposes of constructing, operating, maintaining using and reconstructing Dubuque and
Church Streets in connection with said Project; and
WHEREAS, it is in the public interest for the City to approve the terms of the easement
agreements with the University for said Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The attached Temporary Construction Easement and Permanent Easement Agreements
between the City of Iowa City and the Board of Regents, State of Iowa for the benefit of
the State University of Iowa for the 2008 Dubuque/Church Street Radius Improvement
Project in Iowa City are hereby approved and authorized.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest in triplicate the attached agreements. The City Clerk is authorized and directed to
certify a copy of this resolution for recording along with the easement agreements at City
expense.
Passed and approved this 3rd day of
ATTEST:/ ~-
CITY CLERK
Attorney's Office
7~
Resolution No. 08-169
Page 2
It was moved by wri~hc and seconded by xayek the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
x
x
X
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpda~glossarylresolution-ic.doc
PERMANENT EASEMENT AGREEMENT
2008 DUBUQUE/CHURCH STREET RADIUS IMPROVEMENT PROJECT
THIS AGREEMENT, made and entered into by and between Board of Regents, State of Iowa for
the use and benefit of the State University of Iowa, hereinafter "UNIVERSITY" and the City of
Iowa City, Iowa, a municipal corporation, hereinafter "CITY."
In consideration of their mutual promises herein, UNIVERSITY and CITY agree as follows:
UNIVERSITY hereby grants and conveys to CITY a permanent easement for the purpose of
constructing, operating, maintaining, using and reconstructing Dubuque and Church streets
in connection with CITY's 2008 Dubuque/Church Street Radius Improvement Project
(hereinafter referred to as "public improvement") and such storm sewers as the CITY shall,
from time to time, elect to use for the conveyance of storm water, and all necessary
appliances and fittings for use in connection with said public improvement, together with
adequate protection thereof and also aright-of--way with right of ingress and egress thereto,
over, through and across the permanent easement area, described as "Permanent Easement"
and shown on Exhibit A attached hereto and by this reference made a part hereof (hereafter
"Permanent Easement").
2. UNIVERSITY further grants to CITY the following rights in connection with the above
uses:
a. The right of grading said Permanent Easement Area for the fidl width thereof, and
the right to extend the cuts and fills for such grading into and on said Permanent
Easement Area.
b. The right, from time to time and in consultation with UNIVERSITY, to trim and cut
down and cleaz away all trees and brush on the Permanent Easement Area which
now or hereafter, in the opinion of CITY and UNPJERSITY, may be a hazard to
said Permanent Easement Area, or which may interfere in any manner with CITY's
exercise of its rights herein.
c. The right to enter onto land beyond the Permanent Easement Area and conduct
emergency repair which may extend minimally beyond the Permanent Easement
Area, without obtaining a separate temporary easement. CI1'Y's right to do such
work shall be effective only upon CITY's prior notice to UNIVERSITY, and with
minimal disruption of area. In the event of such emergency repair, CITY agrees to
restore said azea substantially to its prior condition, as set forth in Paragraphs 3 and
4 below.
2
3. CITY shall promptly backfill any trench made by it, and repair any damages caused by
CITY within the Permanent Easement Area, including any damages by virtue of firture
excavation or use of the Permanent Easement Area,. CITY shall defend, indemnify, and
hold harmless the UNIVERSITY against loss or damage which occurs as a result of CITY's
negligent acts or omissions in the exercise of its easement rights herein. Once the
Permanent Easement Area has been completely restored as set forth above and except as
expressly provided in this Permanent Easement Agreement, Cfl'Y shall have no responsi-
bility for maintaining the Permanent Easement Area.
4. CITY acknowledges and agrees to remove and stockpile existing topsoil from areas to be
excavated; and that following installation of the public improvement, all areas within the
Easement Area which are disturbed shall have stockpiled topsoil respread and seeded within
a reasonable time after constriction is complete and the Permanent Easement Area restored
substantially to its original condition.
5. UNIVERSITY and CITY acknowledge that UNIVERSITY reserves the right to use said
Permanent Easement Area for purposes which will not interfere with CITY's fiill enjoyment
of its rights hereby granted; provided, that UNIVERSITY shall not erect or constrict any
building or other structures; drill or operate any well; construct any reservoirs or other
obstrictions on said Permanent Easement Area;. UNIVERSITY may plant trees and shribs
on the Permanent Easement Area. UNIVERSITY may construct a fence over or upon the
Permanent Easement Area, but only after submittal to CITY of a schematic design and prior
written approval of the City Engineer, which approval shall not be unreasonably withheld.
CITY further agrees that nothing in this Permanent Easement Agreement shall in any way
preclude UNIVERSITY from causing, allowing or permitting utilities to cross the
Permanent Easement Area, but only upon CITY's approval, which approval shall not be
unreasonably withheld,.
6. UNIVERSITY hereby covenants with CITY that UNIVERSITY is Iawfiilly seized and
possessed of the real estate above described by virtue of Icgal and/or equitable title, and that
it has good and lawful right to convey the Permanent Easement herein.
7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto; shall be deemed to apply to and run with the land and with the title
to the land; and shall be recorded in the Johnson County Recorder's Office, at CITY
expense.
SIGNED this ~_ day of ~ (+ ~ ~{ , 200
CITY OF IOWA CITY, IOWA BOARD OF REGENTS, STATE OF IOWA
FOR THE USE AND BENEFIT OF THE
STATE UNIVERSITY OF IOWA,
By:
R ll. Bailey, Mayor
By: ~~ ~ ~ `~~x~
Marian K. Karr, City Clerk
UNIVERSITY
By:
me & T~tl
~c h ~ r~ ~c'~ -~ h~
EX~c~°~r-v~ D~r-~C ~~r
By:
Na e Title
George IVf a ~oi~ir~
Appro ed by
~ ~a~~
City Attorney's Office
4
ACKNOWLEDGMENT OF THE CITY OF IOWA CITY
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this 3'"day of ~wae , 200, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally
known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is
the corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, and that they acknowledged the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by ~ ~ -.~cecute S~ ~~
or ~ ~s ONDRAE FORT
_ % Commission Number 159791
iow M~C ~ m~~on Expires Notary Public in and for said State
ACKNOWLEDGMENT OF THE BOARD OF REGENTS, STATE OF IOWA
STATE OF IOWA )
SS:
POLK COUNTY )
On this g~,h day of ~~ 200 before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared k~ta..¢~ ~~ _, to me personally known, and who,
being by me duly sworn, did say that he is the Executive Dir for of the Board of Regents, State of Iowa;
and who is authorized to execute the foregoing instrument to which this acknowledgement is attached by
vote of the Board of Regents, State of Iowa at its meeting on ~,tc,Gl,1 ! 20~ and who
acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and
deed of the Board of Regents, State of Iowa. ~~~~~ ~ ~r~/ _ n n
Notary Public in and for said State
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Mi
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
2008 DUBUQUE/CHURCH STREET RADIUS IMPROVEMENT PROJECT
THIS AGREEMENT, made and entered into by and between Board of Regents, State of Iowa for
the use and benefit of the State University of Iowa, hereinafter "UNIVERSITY", and the City of
Iowa City, Iowa, a municipal corporation, hereinafter "CITY."
In consideration of their mutual promises herein, UNIVERSITY and CITY agree as follows:
UNIVERSITY states and covenants that it is the owner of certain real estate described on
Exhibit A attached hereto, by virtue of legal and/or equitable title, that it is lawfully seized
and possessed of said real estate, and that it has good and lawful right to convey this
easement.
2. UNPJERSITY does hereby grant and convey to CITY a temporary construction easement
in, over and across that portion of UNIVERSITY's property described as "Temporary
Easement" and shown on Exhibit B attached hereto (hereafter "Temporary Easement Area")
for the purpose of facilitating CITY's construction of the 2008 Dubuque/Church street
Radius Improvement Project (public improvement"), which grant to CITY shall include
necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and
equipment, and ingress and egress of persons and equipment to the Temporary Easement
Area, as needed to complete said public improvement.
3. The term of this Temporary Construction Easement will be for the period of time required
by CITY to complete the construction of said project, but in no event shall the duration of
the Temporary Construction Easement extend beyond the date two (2) years after
commencement of construction.
4. With respect to the Temporary Construction Easement, UNIVERSITY grants the following
rights:
a. CITY shall have the right to make excavations within the Temporary Easement area,
and to grade as CITY may find reasonably necessary for the construction. CITY
covenants and agrees to protect such excavations during construction; to promptly
fill said excavations following construction; and to defend, indemnify and hold
UNIVERSITY harmless from third party liability during said construction and the
term of this temporary easement.
2
b. CITY shall promptly backfill any trench made by it, and repair any damages caused
by CITY within the Temporary Easement Area,. CI'T'Y shall defend, indemnify and
hold UNIVERSITY harmless against loss or damage which occurs as a result of
CITY's negligent acts or omissions in the exercise of its easement rights herein.
Once the Temporary Easement Area has been restored to substantially its prior
condition CITY shall have no further responsibility for maintaining the Temporary
Easement Area.
c. CITY shall have the right of ingress and egress to and from the Temporary
Easement Area by such route within the Temporary Easement Area as shall
occasion the least practical damage and inconvenience to UNIVERSITY.
d. CITY shall have the right, in consultation with UNIVERSITY, to trim or remove all
trees and brush which may interfere with the exercise of CITY's rights pursuant to
this Temporary Easement Agreement.
5. CITY covenants and agrees that existing driveways, fences, underground drainage the or
other site features, including shrubs and brush, which are removed or disturbed shall, to the
extent reasonably possible, be replaced by CITY to conform with features or items removed
during constmction. CITY further agrees that all grassed areas disturbed by the
construction shall be seeded or sodded within a reasonable time after construction is
complete.
6. CITY covenants and agrees to remove and stockpile existing topsoil from areas to be
excavated, to be used in the event of any repair. Following installation of the public
improvement, all azeas within the Temporary Easement Area which aze disturbed will be
graded to form a uniform slope, and topsoil shall be replaced and respread over disturbed
azeas, thereby restoring said area substantially to its prior condition.
7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto, shall be deemed a covenant which runs with the land and with the
title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY
expense.
3
SIGNED this ~_ day of
v~
Zook.
CITY OF IOWA CITY, IOWA
By:
Re D. Bailey, Mayor
By: ~T ~.~ruJ ~`C
Marian K. Karr, City Clerk
Appro ed by
~ ~a~~
City Attorney's Office
BOARD OF REGENTS, STATE OF IOWA
FOR THE USE AND BENEFIT OF THE
STATE UNIVERSITY OF IOWA,
UNIVERSITY
By: (mow"
ame & Title
~obc~~r , ~~ l~' ,r
~Xe° h VP i ~~'
By:
N e itle
George IVi. Holllr~~
4
ACKNOWLEDGMENT OF THE CITY OF IOWA CITY
STATE OF IOWA )
SS:
JOHNSON COUNTY )
On this 3 ~ day of JUNE , 200, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally
known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is
the corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, and that they acknowledged the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntari executed. (~ ~----- 1
,3°'~~s SONDRAE FORT VOrt{~itt~,i 1~r~0
? ~ Commission Number 159791 Notar Public in and for said State
My Commission Expires y
pow ! Qo
ACKNOWLEDGM NT OF THE BOARD OF REGENTS, STATE OF IOWA
STATE OF IOWA )
SS:
POLK COUNTY )
On this ~ day of 200 befo a me, the undersigned, a Notary Public in and for the
State of Iowa, personally a ea d , to me personally known, and who,
being by me duly sworn, did say that he is the Executive Di ector of the Board of Regents, State of Iowa;
and who is authorized to execute the foregoing instrument to which this acknowledgement is ttached by
vote of the Board of Regents, State of Iowa at its meeting on n/lQit Gt.~,l) 20~ and who
acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and
deed of the Board of Regents, State of Iowa.
~.~~ ~~
Notary Public in and for said State
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17
Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 08-170
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND THE UNIVERSITY OF IOWA REGARDING CERTAIN OBLIGATIONS INVOLVING
THE CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS
IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME.
WHEREAS, the City of Iowa City ("City") desires to construct the 2008 Dubuque /Church Street Radius
Improvement Project; and
WHEREAS, as part of the Church Street Project the brick surfaced roadway along Church Street
between Dubuque Street and Clinton Street will have to be resurfaced; and
WHEREAS, the University of Iowa ("University") has agreed to share the financial responsibilities
regarding the reconstruction of the brick surfaced roadway along Church Street between Dubuque
Street and Clinton Street in Iowa City ("Brick Project"); and
WHEREAS, it is in the public interest for the City to approve the terms of the agreement with the
University for said Brick Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The agreement between the City of Iowa City and the University of Iowa regarding certain
obligations involving the Brick Project portion of the 2008 Dubuque/Church Street Radius
Improvement Project in Iowa City is hereby approved and authorized.
2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to
attest in duplicate the attached agreement for the joint reconstruction of the brick surfaced
roadway along Church Street between Dubuque Street and Clinton Street.
Passed and approved this 3rd day of une , 2008
R
App oved b
~J• `t/ ) ~ ~1/~
ATTEST: ~(n/
CIT LERK City Attorney's Office
Resolution No. 08-170
Page 2
It was moved by wilbnrn and seconded by wrighe the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
~-
X
x
X
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
wpdata/glossary/resolution-ic.doc
Prepared by: Dave Panos, Senior Civil Engineer, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA
REGARDING CERTAIN OBLIGATIONS INVOLVING THE CONSTRUCTION OF CHURCH
STREET IMPROVEMENTS IN IOWA CITY.
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a municipal
corporation, hereinafter referred to as "City", and the University of Iowa, hereinafter referred to
as "University".
WHEREAS, City and the University desire to jointly reconstruct a portion of brick
surfaced roadway along Church Street between Dubuque Street and Clinton Street in Iowa City,
hereinafter referred to as the "Brick Project"; and
WHEREAS, City desires to construct the capital improvement project "2008 Dubuque /
Church Street Radius Improvement Project" hereinafter referred to as "Church Street Project";
and
WHEREAS, the "Brick Project" will be constructed as a part of the "Church Street
Project"; and
WHEREAS, the scope of work for the "Brick Project" will be exclusive to bid items:
"BRICK PAVER INSTALLATION with 7 IN PCC", and "BRICK PAVER INSTALLATION" as
further described in said "Church Street Project" plans and specifications; and
WHEREAS, City and the University desire to enter into an agreement outlining their
respective duties and responsibilities regarding said "Brick Project".
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. Purpose. The purpose of the agreement is to establish the financial responsibilities of
each party.
II. Consideration. The mutual consideration herein is the undertaking of the Project and
agreement to the terms herein.
III. Project Phases and Responsibilities.
A. Project Letting
1. Project Development. The project design process shall be completed by
the City to current City of Iowa City Municipal Design Standards and Iowa
Statewide Urban Design Standards
1
2. Award. The construction schedule of the "Brick Project" will coincide with that
of the "Church Street Project". City shall be authorized to proceed to
advertisement for bids following City Council approval of plans and specifications
for said "Church Street Project". The University shall have the opportunity to
review and comment on plans and specifications prior to submission of plans and
specifications to City Council for approval
3. Assurances of Financing. Prior to advertisement for bids, City shall take
such actions as are necessary, and can be completed at that stage of the
process, to assure its ability to finance its share of the costs. Each party should
certify to the other:
a. Its method of payment, describing the amount and types of financing,
including provisions for overrun costs.
b. That it has taken legal actions required to authorize the sale and issuance of
any financing contemplated.
c. That it has received reasonable assurances of its ability to sell or place such
financing, furnishing copies of such assurance or supporting confirmation
from the respective independent financial advisors.
d. If City and University determine that the other's financial assurances are
acceptable, it shall take action to authorize the project to proceed to
advertisement for bids.
4. Payment of Invoices and Reimbursement to the City._City will act as the
lead agency for the project and will supervise construction. Upon presentment of
an invoice for construction costs, the University shall review the same and shall
make payment in the ordinary course upon approval promptly thereafter.
B. Financial Responsibility for Construction Costs.
1. Allocation of Costs, The parties will be responsible for the costs of
construction, including all elements of the new brick pavement section which is
further described in the plans and specifications for the Church Street Project as
follows:
a. City - 50% of "Brick Project"
b. University - 50% of "Brick Project"
IV. MISCELLANEOUS
A. Duration. This agreement shall continue in force until the final acceptance of
work is made by the City Engineer and final payment has been made pursuant to the terms
hereof.
Dated this ~ rd day of ~uN ~ , 2008
CITY OF IOW CITY
By:
a D. Bailey, ayor
ATTES
Mar K. Karr, City Clerk
UNIVER T OF I WA
BY:
eorge Hollins, Business Manager
I,
NOTICE TO BIDDERS
2008 Dubuque I Church Street Radius
Improvement Project
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 3:00 P. M.
on the 28'" day of May, 2008. Sealed proposals will
be opened immediately thereafter by the City
Engineer or designee. Bids submitted by fax
machine shall not be deemed a "sealed bid" for
purposes of this Project. Proposals received after
this deadline will be returned to the bidder
unopened. Proposals will be acted upon by the City
Council at a meeting to be held in the Emma J.
Harvat Hall at 7:00 P.M. on the 3rtl day of June or at
a special meeting called for that purpose.
The Project will involve the following:
Pavement widening at the Dubuque Street and
Church Street Intersection and Brick Reconstruction
of Church Street West of Dubuque Street, along with
all material, labor and equipment necessary to
complete required improvements. Approximate
project quantities include: 1,005 SY of Brick Street
Rehabilitation w/ 7" PCC Base, 313 SY of Brick
Street Rehabilitation, 188 SY of 9" PCC Widening,
187.5 SY of PCC Sidewalk and Curb Ramps, 4
Storm Sewer Intakes, 76 LF of 2000D Storm Sewer
Piping, 51.98 STA. of Durable Pavement Marking,
Fiber Optic Installation, and Traffic Signal
Modifications. All work is to be done in strict
compliance with the plans and specificaticns
prepared by the City of Iowa City, Iowa, which have
heretofore been approved by the City Council, and
are on file for public examination in the Office of the
City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in a
sealed envelope, separate from the one containing
the proposal, by a bid bond executed by a
corporation authorized to contract as a surety in the
State of Iowa, in the sum of 10% of the bid. The bid
security shall be made payable to the TREASURER
OF THE CITY OF IOWA CITY, IOWA, and shall be
forfeited to the City of Iowa City in the event the
successful bidder fails to enter into a contract within
ten (10) calendar days of the City Council's award of
the contract and post bond satisfactory to the City
ensuring the faithful performance of the contract and
maintenance of said Project, if required, pursuant to
the provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days fallowing award of
the contract, or until rejection is made. Other bid
bonds will be returned after the canvass and tabula-
tion of bids is completed and reported to the City
Council.
The successful bidder will be required to furnish a
AF-1
bond in an amount equal to one hundred percent
(100%) of the contract price, said bond to be issued
by a responsible surety approved by the City, and
shall guarantee the prompt payment of all materials
and labor, and also protect and save harmless the
City from all claims and damages of any kind caused
directly or indirectly by the operation of the contract,
and shall also guarantee the maintenance of the
improvement for a period of five (5) year(s) from and
after its completion and formal acceptance by the
City Council.
The following limitations shall apply to this Project:
Working Days: 25
Specified Start Date: June 16, 2008
Liquidated Damages: $ 500 per day
The plans, specifications and proposed contract
documents may be examined at the office of the City
Clerk. Copies of said plans and specifications and
form of proposal blanks may be secured at the
Office of Ciry Engineer of Iowa City, Iowa, by bona
fde bidders.
A $50 non-refundable fee is required for each set
of plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to Treasurer of the
City of Iowa City.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors and
subcontractors on City projects. A listing of minority
contractors can be obtained from the Iowa
Department of Economic Development at (515) 242-
4721 and the Iowa Department of Transportation
Contracts Office at (515) 239-1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other parties
with whom the bidder intends to subcontract. This
list shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall submit a
list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices
and extended dollar amounts.
By virtue of statutory authority, preference must be
given to products and provisions grown and ccal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required under
Iowa Statutes. The Iowa reciprocal resident bidder
preference law applies to this Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the Ciry Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
AF-2
~ r
~..®~r~
~' `"'~ ~
,~®,.~
DATE:
TO:
FROM
RE:
CITY OF
1 O WA C
T
MEMORANDUIVT
May 29, 2008
Michael Lombardo, City Manager
Ron Knoche, City Engineer~_
2008 Dubuque /Church Street Radius Improvement Project
This memo is intended to provide clarification to a question the City Council asked at
the April 29, 2008 meeting regarding the timeline for completion of the 2008
Dubuque /Church Street Radius Improvement Project. The response to how long
the project will take to complete was 25 days. This response was meant to indicate
25 working days and not 25 calendar days. A working day is any calendar day,
exclusive of weekends or holidays, on which weather conditions allow for
construction to be performed.
The 2008 Dubuque /Church Street Radius Improvement Project has a specified
start date of June 16, 2008. The contract requires the contractor to complete the
project within 25 working days of the specified start date. Weather permitting, the
completion date for the project will be July 21, 2008.
Ma-q.
Prepared by: Dave Panos, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145
RESOLUTION NO. 08-171
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2008 DUBUQUE/CHURCH STREET RADIUS
IMPROVEMENT PROJECT.
WHEREAS, All American Concrete, Inc. of West Liberty, IA has submitted the lowest responsible
bid of $282,039.20 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to All
American Concrete, Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above-named project.
Passed and approved this 3rd day of
ATTEST: ~~~ .J ~ . `YCCtf2/
CIT LERK
20 OS
City Attorney's Office
It was moved by Wilburn and seconded by o'oonnel ~ the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
g Champion
x Correia
x Hayek
g O'Donnell
x Wilburn
_~ Wright
pweng\resWwartl wn Dubuque Church.doc
9/07
ADVERTISEMENT FOR BIDS
Public Works Salt Storage Facility
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:00 P.M. on the 27th day of
May, 2008. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted
by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline
will be returned to the bidder unopened. Proposals will be acted upon by the City Council at its next regular meeting to
be held in the Emma J. Harvat Hall at 7:00 P.M. on the 3rd day of June, 2008, or at a special meeting called for that
purpose.
The Project is described in general as:
A salt storage building approximately 57ft wide by 93 ft long with two additional equipment storage bays
approximately 22 ft wide by the length of the building. The building structure consists of treated timber framing and
wood roof trusses with plywood roof sheathing. The work includes structural design for wood plank containment
walls supported by rectangular timber posts cabled to each other to withstand lateral load of internal pile.
All work is to be done in strict compliance with the plans and specifications prepared by Neumann Monson PC, of
Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the
Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope,
separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER
OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder
fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful
performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and
the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned
after the canvass and tabulation of bids is completed and reported to the City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the
contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the
prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of
any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the
improvement for a period of one (1) year(s) from and after its completion and formal acceptance by the City.
The following limitations shall apply to this Project:
Specified Completion Date: October 30t", 2008
Liquidated Damages: $500 per day
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of
said plans and specifications and form of proposal blanks may be secured at the Office of Neumann Monson PC, Iowa,
(Phone# 319.338.7878) by bona fide bidders.
A $50 refundable and a $ 5.00 nonrefundable, is required for each set of plans and specifications provided to bidders
or other interested persons. The fees shall be in the form of lwo separate checks, made payable to Neumann Monson
PC.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors
on City projects.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the
bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors,
together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-
4721.
By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the
State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with respect to bidders who are not Iowa residents.
The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregu-
larities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
pweng\ad bids\salt storege.doc
R-1
M
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356044
RESOLUTION NO. 08-172
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE PUBLIC WORKS SALT STORAGE FACILITY
PROJECT.
WHEREAS, Apex Construction Co., Inc. of Iowa City, Iowa has submitted the lowest responsible
bid of $670,000.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Apex
Construction Co.,lnc., subject to the condition that awardee secure adequate performance
and payment bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The Public Works Director is authorized to execute change orders as they may become
necessary in the construction of the above-named project.
Passed and approved this 3rd day of Jur~e , 20 08
'/ /~ J(! Approved by (J
ATTEST: 7f 75arr~ V l ~h ~j~~~'
CIT CLERK City A rott ney's Office ~/~7/~
It was moved by Wilburn and seconded by xayek the Resolution be
adopted, and upon roll call there were:
AYES
x
x
x
x
~-
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
i~
pweng~es~awartl con salt storage.doc
19
RESOLUTION NO. 08-1
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE I
SIGN AND THE CITY CLERK TO ATTEST A CONTR
~ CONSTRUCTION OF THE PUBLIC WORKS SALT STORAGE
PROJECT. ~
WHEREAS, Apex Construction Co., Inc. of Iowa City, Iowa has
bid of $670,000.00 for construction of the above-named project.
t TO
FOR
lowest responsible
NOW, T REFORE, BE IT RESOLVED BY THE CITY COUNCIL F THE CITY OF IOWA
CITY, IOW THAT:
1. The con act for the construction of the above-named pr ect is hereby awarded to Apex
Constructi Co.,lnc., subject to the condition that away a secure adequate performance
and payment ond, insurance certificates, and contrac ompliance program statements.
2. The Mayor is h eby authorized to sign and th City Clerk to attest the contract for
construction of the bove-named project, subje to the condition that awardee secure
adequate performanc and payment bond, insur nce certificates, and contract compliance
program statements.
3. The Public Works Director ~ authorized to xecute change orders as they may become
necessary in the construction f the above amed project.
Passed and approved this 3rd da of June , 20 O8
c
ATTEST:
Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240
CITY
It was moved by wilbi
adopted, and upon roll call
AYES:
x
were:
and seconded by
NAYS:
Wilburn
Ap/~roved by `-'
JCUt~,, J~u~r ~ ~fa~~
City Attorney's Office ~ 27
the Resolution be
pwengkes~award wn salt storage.doc
ADVERTISEMENT FOR BIDS
2008 ASPHALT RESURFACING PROJECT
Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:00 A.M. on the
20~" day of May, 2008. Sealed proposals will be opened immediately thereafter by the City Engineer or
designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project.
Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon
by the City Council at its next regular meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 3rd
day of June, 2008, or at a special meeting called for that purpose.
The Project will involve the following:
2,600 tons of asphalt cement concrete, 16,000 square yards of pavement milling, 1,330 feet of PCC curb
and gutter replacement, 50,500 square yards of chip sealing, and related work.
All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City
Engineering Division, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are
on file for public examination in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed
envelope, separate from the one containing the proposal, by a bid bond executed by a corporation
authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be
made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forteited to the City of
Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and
post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said
Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of
the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a
contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabula-
tion of bids is completed and reported to the City Council.
The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%)
of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall
guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from
all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall
also guarantee the maintenance of the improvement for a period of two (2) years from and after its com-
pletion and formal acceptance by the City.
The following limitations shall apply to this Project:
Working Days: 30
Specified Early Start Date: June 9, 2008
Specified Late Start Date: July 7, 2008
Liquidated Damages: $400 per day
The plans, specifications and proposed contract documents may be examined at the office of the City Clerk.
Copies of said plans and specifications and form of proposal blanks may be secured at the Office of City
Engineer, City Hall, Iowa City, Iowa, by bona fide bidders.
A $20 non-refundable fee is required for each set of plans and specifications provided to bidders or other
interested persons. The fee shall be in the form of a check, made payable to the City of Iowa City.
Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and
subcontractors on City projects.
Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract
amount(s).
The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed
subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business
enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts
to recruit MBE's.
A listing of minority contractors can be obtained from the Iowa Department of Economic Development at
(515)242-4721.
By virtue of statutory authority, preference will be given to products and provisions grown and coal produced
within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The
Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents.
The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities
and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
'\
Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144
RESOLUTION NO. 08-173
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE 2008 ASPHALT RESURFACING PROJECT.
o- -
_ 20
WHEREAS, L.L. Pelling Company, Inc. of North Liberty, Iowa has submitted the lowest
responsible bid of $446,782.59 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to L.L.
Pelling Company, Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
3. The City Engineer is authorized to execute change orders as they may become necessary
in the construction of the above-named project.
Passed and approved this 3rd day of
ATTEST:
20 os
City Attorney's Office
~~~
'a g~
It was moved by Wilburn and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES:
X
X
x
x
x
x
x
NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
pweng/res/OBasphaNawrd..doc
05/08
r
~._.®~~ CITY OF IOWA CITY 21
~-~'°~'~~~ MEMORANDUM
Date: May 28, 2008
To: Iowa City City Council
From: Jen Jordan, Recycling Coordinator
Re: ECICOG's Regional Comprehensive Integra/ed Solyd Waste Management Plan 2008-201 d
Iowa City Landfill and Recycling Center staff has been working with the East Central Iowa Council of
Governments to update the Regional Comprehensive Integrated Solid Waste Management Plan 2008-
201-1. The Landfill service area communities are not part of a 28E agreement; therefore each City
Council in the service area of Johnson County and the communities of Kalona and Riverside are
required by Iowa Code to individually adopt the plan by resolution.
The majority of the plan consists of ECICOG's reporting requirements to the Department of Natural
Resources regarding what waste reduction activities have occurred since the last update and what new
goals have been set for the region.
The remainder of the plan sets goals and timelines for individual counties in the ECICOG planning
area; this is primarily what City Councils in the service area are asked to adopt. In Johnson County,
two planning sessions involving interested stakeholders were held in September and October of 2007.
"The entire document is located at the Public Works desk in City Hall and is available online at:
blip://www.ic o~ v.or~/landfill.
1'he ten goals resulting from these planning sessions are:
1. Promote a significant, unifying goal to the public. "Exceed 50% waste reduction by 201 I."
2. As a function of the comp plan, establish a local committee to evaluate progress toward
goals
3. Promote and expand waste reduction and recycling education activities
4. Expand use of Iowa City Landfill's Regional Collection Center (RCC) for hazardous waste
5. Investigate new landfill policies to enhance efficiency and environmental protection
6. Continue to support regional approach to recycling
7. Develop strategies to increase recycling among multi- households
8. Review/evaluate waste and recycling collection programs
9. Reduce construction & demolition waste
10. I?xpand composting in Johnson County
These goals are lofry but realistic targets for the City of Iowa City and for all of the Iowa City Landfill
and Recycling Center service area.
I will be available at the June 2 work session and the June 3 forma] meeting to answer any questions
about the Regional Comprehensive Integrated Solid Waste Management Plan 2008-2014. [n the
meantime, please contact me with any questions at Jennifer-iordanna Iowa-ci or or 887-6160.
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Prepared by: Jennifer Jordan, Recycling Coordinator, 3900 Hebl Ave., Iowa City, IA 52246 (319) 887-6160
RESOLUTION NO. 08-174
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST TO THE ADOPTION OF THE EAST CENTRAL IOWA
COUNCIL OF GOVERNMENTS' UPDATED REGIONAL COMPREHENSIVE
INTEGRATED SOLID WASTE MANAGEMENT PLAN 2008-2014.
WHEREAS, Chapter 4556.302 of the Code of Iowa states that each city and county of this state
shall provide for the establishment and operation of a comprehensive solid waste reduction
program consistent with the adopted hierarchy of solid waste management (so stated in Chapter
455B.301A); and
WHEREAS, Chapter 4556.306(1) of the Code of Iowa states that all cities and counties shall file
with the Iowa Department of Natural Resources a comprehensive plan detailing the method by
which those waste reduction and recycling program requirements will be met, and that plan shall
be updated consistent with the rules of the Environmental Protection Commission; and
WHEREAS, an update of the Regional Comprehensive Integrated Solid Waste Management
Plan 2008-2014 has been prepared by the East Central Iowa Council of Governments, and the
City of Iowa City will fulfill its planning requirement through its adoption; and
WHEREAS, the City of Iowa City has participated in the preparation and review of the Regional
Comprehensive Integrated Solid Waste Management Plan 2008-2014, and the City of Iowa City
is committed to the State of Iowa's waste reduction and recycling goals.
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 East Central Iowa
Council of Governments' updated Regional Comprehensive Integrated Solid
Waste Management Plan 2008-2014 a copy of which is available for review in the
Public Works Department at City Hall.
Passed and approved this 3rd day of June , 20 O8
ATTEST: ~2t~s~„rJ 9C TcZ.r-r./
CITY LERK
Approved ~ `--~
,,fit,/ ~ ~~~it,~>~~.~
~ dy Attorney's Office ~r/~~~~
Armen\forms\resolution form.doc
Resolution No. os-174
Page 2
It was moved by cnamnion and seconded by Correia the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright '
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