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Home My WebLink About2008-07-15 ResolutionM~ 3c 14 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-198 RESOLUTION TO IS5UE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Mill Restaurant - 120 E. Burlington Street Etc. - 118 S. Dubuque Street Iowa City Fall Fun Festival - 2140 Rochester Avenue Passed and approved this 15th day of ATTEST: 2~ ~ ~~~ CI CLERK City Attorney's Office i ~ ~ >~s ~ It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey x Champion x Correia Hayek x O'Donnell x Wilburn x Wright ABSTAIN: x ~r3 - - 3c 15 ~~ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 08-199 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required bylaw for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Iowa City Moose Lodge 161096 - 3151 Highway 6 East Konnexian - 106 S. Linn Street Dublin Underground - 5 S. Dubuque Street Passed an~ ATTEST: It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~ Champion _ x Correia Hayek ~ O'Donnell _ x Wilburn x Wright ABSTAIN: x t~~ sa ~ Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 08-200 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT FOR 2814 IRVING AVENUE. WHEREAS, on September 30, 1999, Rick C. Duerlinger and Mary J. Duerlinger, the current owners of 2814 Irving Avenue, executed a mortgage to secure a loan and a Resale Agreement with the City of Iowa City as part of the Affordable Dream Home Program; and WHEREAS, the owners have repaid the loan, but the requirements under the Resale Agreement do not expire until September 30, 2014; and WHEREAS, the Resale Agreement, which restricts the owners' use of the property, is recorded at the office of the Johnson County Recorder; and WHEREAS, the owners recently obtained a loan from the University of Iowa Community Credit Union; and WHEREAS, said financial institution requests that the City's Resale Agreement be subordinated to its loan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and the University of Iowa Community Credit Union. Passed and approved this 15th day of July , 2008. Approved by ~~~~~~~~ ~ ~ a ~. ~~ City Attorney's Office Resolution No. 08-200 Page 2 It was moved by Champion and seconded by Wright 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 wpdatalglossarylresolutio~-ic.doc SUBORDINATION AGREEMENT FOR RESALE AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage, which does not secure a loan but which secures an agreement restricting use and sale of the property (""Resale Agreement"), executed by Rick C. and Mary J. Duerlinger (herein the Owners), dated September 30, 1999, recorded October 4, 1999, in Book 2837, Page 311 through page 314, Johnson County Recorder's Office, covering the following described real property: Lot 66 of Resubdivision of Lot 51 of Walden Hills Subdivision, an addition to the City of Iowa City, Iowa according to the plat thereof recorded in Book 38, Page 327, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $ 80,750 on a promissory note to be executed by the Financial Institution and the Owner secured by a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Resale Agreement held by the City be subordinated to the lien of the mortgage made by the Financial Institution and recorded in Book 4215, Page 890 of the Records of the Johnson County Recorder's Office. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Resale Agreement held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial institution is hereby acknowledged as a lien superior to the Resale Agreement of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. ~t Dated this l5~day of Jue. , 2008. CITY OF IOWA CITY By Attest: .uJ~ City rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION University of Iowa Community Credit Union, as original assignor Donald RWells/First Vice President On this 15 ~ day of ~~ , 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeare 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, as contained in Resolution No. ~ S -metro adopted by the City Council on the /~ ~ day of S ~ , 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument ! be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~ SONDRAEFORT t ~~^^ Commission Number 159791 S;t~„Ann.~. t-~ My Commission Expires Notary Public in and for the State of Iowa • ow 3 ? ~ LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 25th day of June , 2008 ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald R Wells , to me personally known, who being by me duly sworn, did say that he/she is the F; rsr V; ce President ofUniv of Ia Comm Cr Unigi#hat said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Donald R Wells acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him/her voluntarily executed. ~~ CONNtE J. WE K Notary Public in and for the ate of Iowa Connie J Welk ,~ 0951 '~ Oo~nmission Number My €ommission Expires M I,q ~ 3d 2 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 08-201 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1417 FRANKLIN STREET, IOWA CITY, IOWA. WHEREAS, on July 6, 2000, the owners executed a Mortgage with the City of Iowa City to secure a loan to finance the purchase of the home; and WHEREAS, said "2000" loan has been paid off, but the mortgage also secures an agreement restricting the use of the property until June 30, 2015; WHEREAS, on September 26, 2005, the owners executed another Mortgage with the City of Iowa City to secure a loan to assist with rehabilitating the home; and WHEREAS, said "2005" loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to execute a partial release of the 2000 mortgage and a release of the 2005 mortgage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Mortgage for recordation, whereby the City does partially release the property located at 1417 Franklin Street, Iowa City, 'Iowa from a Mortgage recorded July 6, 2000, Book 2984, Page 498 through Page 504 of the Johnson County Recorder's Office and the attached Release of Mortgage for recordation, whereby the City does release the Mortgage recorded October 27, 2005, Book 3956, Page 482 through Page 486 of the Johnson County Recorder's Office. Passed and approved this 15th day of July , 2008. ATTEST: CITY ERK MA ApproJe~Q by City Attorney's Office Resolution No. 08-201 Page 2 It was moved by Champion and seconded by Wright 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 wpdatafglossary/resolution-ic.doc Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Robert H. Peck and Debbie S. Peck Mortgagee: City of Iowa City RELEASE OF MORTGAGE The City of Iowa City does hereby release the property at 1417 Franklin Street, Iowa City, Iowa, and legally described as follows: Lot 5 in Block 1, in Highland Development Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owners, Robert H. Peck and Debbie S. Peck, to the City of Iowa City represented by a Mortgage recorded October 27, 2005, Book 3956, Page 482 through Page 486 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior reco ATTEST: ~~C2:t-~-cc~ T - 7~~ CITY ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) On this ~ 5 day of J e^.1- , A.D. 20 o g ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared genia 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 corporation, and that the instrument was signed and sealed on be~alf of the corporation by authority of its City Council, as contained in Resolution No.oY-Jol adopted by the City Council on the /5 ~ day 7 ~ , 20~_ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said i strument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. m SONDRAE FORT ~~ rer~ _ ~ Commission Number 159791 Notary Public in and for Johnson County, Iowa My Commission Expires - row atTo City Attorney's Office Prepared by and return: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 Legal Description of Property: see below Mortgagor(s): Robert H. Peck and Debbie S. Peck Mortgagee: City of Iowa City PARTIAL RELEASE OF SECOND MORTGAGE The City of Iowa City does hereby partially release the property at 1417 Franklin Street, Iowa City, Iowa, and legally described as follows: Lot 5 in Block 1, in Highland Development Addition to Iowa City, Iowa, according to the recorded plat thereof from a financial obligation of the property owners, Robert H. Peck and Debbie S. Peck, to the City of Iowa City in the principal amount of $14,600.00 represented by a Second Mortgage recorded on July 6, 2000, Book 2984, Page 498 through Page 504, the Johnson County Recorder's Office. The City of Iowa City does not release said property from an additional obligation of the property owners contained in the Resale Agreement for Property Located at 1417 Franklin Street recorded on July 6, 2000, Book 2984, Page 494 through Page 497, Johnson County Recorder's Office and secured by said Second Mortgage. By: By: Approved by ~~i6~~ City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) K. Karr, City Clerk On this / 5 day of ~ -. , 2008, before me, the undersigned, a Notary Public in and for said County and State, 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 City Council of said municipal corporation; and that the said Regenia D. Baileyn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ~'u,r SONDRAE FORT _ ~ Commission Number 159791 _ (~ ~ n~ ~~,b My Commission Expires ~~ Y.u7l pow ~ oZ Notary Public in and for the State of Iowa M-f~ 3d 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-202 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND AN AMENDED MORTGAGE FOR THE PROPERTY LOCATED AT 924 VAN BUREN STREET SOUTH, IOWA CITY, IOWA. WHEREAS, on March 28, 2000, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on January 11, 2001, the owner executed an Amended Mortgage; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 924 Van Buren Street South, Iowa City, Iowa from a Mortgage recorded April 7, 2000, Book 2930, Page 59 through Page 63; and from an Amended Mortgage recorded January 11, 2001, Book 3029, Page 526 through Page 530 of the Johnson County Recorder's Office. Passed and approved this 15th day ATTEST: ~ o~,~. ~~ -~ . ~~ CITY LERK 20~~. Appt'a~d by ~~~~ ~ r ~- -cam City Attorney's Office It was moved by Chamvion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey ~_ Champion ~_ Correia Hayek ~_ O'Donnell ~_ Wilburn x Wright ABSTAIN: x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Mara L. Stover Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 924 Van Buren Street South, Iowa City, Iowa, and legally described as follows: Lot 19 in Block 2, in Page's addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, Mara L. Stover, to the City of Iowa City represented by a Mortgage recorded April 7, 2000, Book 2930, Page 59 through Page 63; and from an Amended Mortgage recorded January 11, 2001, Book 3029, Page 526 through Page 530 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior ATTEST: ~ ~• _ ~.ltJ CITY LERK STATE OF IOWA ) City Attorney's Office SS: JOHNSON COUNTY ) On this IS '- day of~t+ ~~~i , A.D. 20 ~ g before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Kegenia 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. Q~a~ adopted by the City Council on the /~i ~ day ^~ 20~Q_ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said i trument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT ~_ ~~,,r~ o ~ Commission Number 159791 My Commission Expires Notary Public in and for Johnson County, Iowa ow 8 7 01 M~ sa a Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-203 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 841 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, on September 29, 2006, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, on November 1, 2006, the owner executed a Promissory Note; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 841 Rundell Street, Iowa City, Iowa from a Mortgage recorded October 10, 2006, Book 4090, Page 801 through Page 806; and from a Promissory Note recorded November 3, 2006, Book 4099, Page 11 of the Johnson County Recorder's Office. Passed and approved this 15th d July , 20~$_ c ATTEST: ~~~ 7~ CITY RK ~-~~ ~~ City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x ~_ x x X ~- NAYS: ABSENT: ABSTAIN: Bailey Champion Correia Hayek O'Donnell Wilburn Wright x Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Heather D. Harmsen Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the property at 841 Rundell Street, Iowa City, Iowa, and legally described as follows: Lot 10 in Block 6, Rundell, Addition to Iowa City, Iowa from an obligation of the owner, Heather D. Harmsen, to the City of Iowa City represented by a Mortgage recorded October 10, 2006, Book 4090, Page 801 through Page 806; and from a Promissory Note recorded November 10, 2006, Book 4099, Page 11 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any, liens or clouds upon title to the above property by reason of said prior recc ATTEST: ~~ ~ • fi~c~tti CITY LERK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) ~l On this 1~ day of JKL , A.D. 20 oq ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared egenia 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by author of its City Council, as contained in Resolution No.a~.~ adopted by the City Council on the ,~~ ay ~'u 20 O~ and that the said Regenia D. Bailey and Marian K. Karr as such officers acknowledged the execution of said i trument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,~'~,~ SONDRAE FORT _ ~ Commission Number 159791 S,_„ ~~~ My Commission Expires Notary Public in and for Johnson County, Iowa ow M-I~ 3d 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-204 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A STATEMENT OF LIFE LIEN AND AN AMENDED STATEMENT OF LIFE LIEN FOR THE PROPERTY LOCATED AT 1612 E COURT STREET, IOWA CITY, IOWA. WHEREAS, on August 26, 1992, the owner executed a Statement of Life Lien to secure a loan; and WHEREAS, on June 16, 1993, the owner executed an Amended Statement of Life Lien; and WHEREAS, the loan has been paid off; and WHEREAS, the City of Iowa City should release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Liens for recordation, whereby the City does release the property located at 1612 E Court Street, from a Statement of Life Lien, recorded September 10, 1992, Book 1430, Page 231; and an Amended Statement of Life Lien recorded November 1, 1993, Book 1645, Page 122 of the Johnson County Recorder's Office. Passed ATTEST ~• •~~ o~ ice It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Bailey x Champion ~_ Correia Hayek x x O'Donnell x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Mary J. Lee Mortgagee: City of Iowa City RELEASE OF LIENS The City of Iowa City does hereby release the following property located at 1612 E Court Street, Iowa City, Iowa, and legally described as follows: Lot 6 in Block 2, in College Court Addition to Iowa City, Iowa, according to the plat recorded in Book 2, Page 124, Plat Records of Johnson County, Iowa from an obligation of the owner, Mary J. Lee, to the City of Iowa City represented by a Statement of Life Lien, recorded September 10, 1992, Book 1430, Page 231; and an Amended Statement of Life Lien, recorded November 1, 1993, Book 1645, Page 122 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. '~ App by ATTEST: ~ . `~ 6 ~ ~ ~~ o~ CITY RK City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY ) 1 On this I5 ~ day of ~.c+. , A.D. 20 0 ~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared egenia 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~~-~!~adopted by the City Council on the ~_'~S-day ~ 20 0 $_ and that the said Regenia D. Bailey and Marian K. Karr as such oificers acknowledged the execution of said in trument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~s SONDRAEFORT ~~ i ~ Commission Number 159791 lS~d.,e, My Commission Expires Notary Public in and for Johnson County, Iowa . row ~ Y ,`~ 07-15-Uti 3d 6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-205 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1552 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $18,000, executed by the owner of the property on December 30, 2005, and recorded on March 14, 2006, in Book 3999, Page742 through Page 748, in the Johnson County Recorder's Office covering the following described real estate: Lot 85 South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312 Plat Records of Johnson County, Iowa WHEREAS, Iowa State Bank and Trust Co. is financing a loan in the amount of $127,920.00 to Chad Johnson of 1552 Dickenson Lane and is securing the loan with a mortgage on the improvements to the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Iowa State Bank and Trust Co., secured by the proposed mortgage in order to induce Iowa State Bank and Trust Co. to make such a loan; and WHEREAS, Iowa State Bank and Trust Co., has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa State Bank and Trust Co.; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust Co., Iowa City, Iowa. Passed and approved this 15th day 20~_ r-- `~ / / Approved ~/ CITY LERK City Attorney's Office Resolution No. 08-205 Page 2 It was moved by ('hams ; ~„ and seconded by .Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Bailey x Champion R Correia Hayek g x O'Donnell X Wilburn ~_ Wright SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa State Bank and Trust Co. of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $18,000, and was executed by Greater Iowa City Housing Fellowship, n/k/a The Housing Fellowship (herein the Owner), dated December 30, 2005, recorded March 14, 2006, in Book 3999, Page 742 through Page 748, Johnson County Recorder's Office, covering the following described real property: Lot 85 South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312 Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $127,920 on a promissory note to be executed by the Financial Institution and Chad Johnson, securing a mortgage on the improvements to the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~'~~ day of ~~ i,t >'I ~, , 20~,. CITY OF IOWA CITY By Attest: ~~ City C e CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By Pegg Do rge, Vice resident On this JAS ~ day of ~ -.- , 20 o Y ,before me, the undersigned, a Notary Public in and for the State of owa, personally appeared • 1 and Marian K. Karr, to me personally known, and, who, being by me my sworn, did sa 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, as contained in (Ordinance) (Resolution) No. 0 8 ~ ac 5 passed (the Resolution adopted) by the City Council, under Roll Call No. -----, of the City Council on the i S ~~`' day of 'T' ~. , 20 v ~" ,and that 1 and Marian K. Karr ackno ledged the execution of the instrument to'be their volu ary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. S~~ ~C,r b Notary Public in and for the State of Iowa ~ ~ SONDRAE FORT i ~ Commission Number 159791 My Commission Expires ow o STATE OF IOWA ) ss: JOHNSON COUNTY ) r This instrument was acknowledged before me on oli~Y~c; ~(.~ 20~~ by ~' ~ ~: ~ (name(s) of person(s)) as L/~c~ `l~l~~:~,~(f?-~~' (type of authority, e.g, officer, trustee, etc.) of ~~LtJQ ~ a-~~ 1Y~ 1~ ~ ~°~~~S~- ~~J (name of party of behalf of whom instruments was executed) . '~1A[ s SCOTT SCHROEDER ,lf o ~. Commission Number 189383 * ~ ~owr My Commission Expires ~~ No ry Publi 'n and for the State of Iowa My Commission expires: ~'l-~`C~~ M~ sa ~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-206 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED AT 3017 STANFORD AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $45,539, executed by the owner of the property on July 20, 2007, and recorded on August 3, 2007, in Book 4199, Page 568 through Page 572, in the Johnson County Recorder's Office covering the following described real estate: Lot 55 in Oak Woods Addition Part One, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 16, Plat Records of Johnson County, Iowa. WHEREAS, Iowa State Bank and Trust Co. is financing a loan in the amount of $117,000.00 to Scott and Cheri Barr of 3017 Stanford Avenue and is securing the loan with a mortgage on the improvements to the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Iowa State Bank and Trust Co., secured by the proposed mortgage in order to induce Iowa State Bank and Trust Co. to make such a loan; and WHEREAS, Iowa State Bank and Trust Co., has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa State Bank and Trust Co.; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust Co., Iowa City, Iowa. Passed and approved this 15th day of July , 20~( $_. t~~c7~ ATTEST: Tice Resolution No. 08-206 Page It was moved by Cha~ion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey x Champion x Correia Hayek x O'Donnell x Wilburn x Wright ABSTAIN: x 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this ~5~' day of -I , 20 o g By Attest: x~ ___~~ City C erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By , Peggy D erge, Vic President On this 15 ~~ day of "-' ~.- , 20 0 ~ , before me, the undersigned, a Notary Public in and for the State of I wa, personally appeared ., ~ ;le and Marian K. Karr, to me personally known, and, who, being by me dul sworn, did say th 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, as contained in (Ordinance) (Resolution) No. o S-fob passed (the Resolution adopted) by the City Council, under Roll Call No, -------~ of the City Council on the ~5 ~- day of ~~~., , 20 0 4 ,and that Re n ~ c ' I e and Marian K. Karr ackno ledged the execution of the instrumen to be their voluntar act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Sa-Y,d„~.~ ~~~6 Notary Public in and for the State of Iowa .3~,r SONDRAE FORT _ ~ Commission Number 159791 My Commission Expires ow •?nv CITY OF IOWA CITY STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on JuIU ~ 20Q~ by r~.c i,' ~ ~ ` i ? name(s) of person(s)) as 1~1 c~,~-rQ,~ i~~~+ (type of authority, e.g, officer, trustee, etc.) of .Totl~i'~ ~L~-~'. x.11 ~ ~'~i'L1;-~' ~~ ~~ (name of parry of behalf of whom instruments was executed) . NA[ s SCOTT SGHROEDER ~P o y Commission Number 189383 * ~ ~ow-~ My Commission Expires N tary Pu is in and for the State of Iowa ~_ ~~ My Commission expires: ~ SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa State Bank and Trust Co. of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of $45,539, and was executed by The Housing Fellowship (herein the Owner), dated July 20. 2007, recorded August 3, 2007, in Book 4199, Page 568 through Page 572, Johnson County Recorder's Office, covering the following described real property: Lot 55 in Oak Woods Addition Part One, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 16, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $117,000 on a promissory note to be executed by the Financial Institution and Scott and Cheri Barr, securing a mortgage on the improvements to the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. n~~ 3d 8 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-207 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1622 WILSON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owners of the property on January 28, 2008, and recorded on February 1, 2008, in Book 4259, Page 400 through Page 405, in the Johnson County Recorder's Office covering the following described real estate: Lot 29 and 30, Block 9, Morningside Addition to Iowa City, Iowa, according to the recorded plat thereof WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owners of the property located at 1622 Wilson Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union to make such a loan; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 15th day~lSf) July , 20 O8 c ~'-3-°'~ ATTEST:~j~~~,~.~ ~ • `712 aN - CIT LERK City Attorney's Office Resolution No. 08-207 Page 2 it was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x X _~_ x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell W ilbum Wright ABSTAIN: x wpdaialglossarylresolution-ic.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgaqe which at this time is in the amount of $21,698, and was executed by Scott M Hansen and Julie L. Hansen (herein the Owner), dated January 28, 2008, recorded February 1, 2008, in Book 4259, Page 400 through Page 405, Johnson County Recorder's Office, covering the following described real property: Lot 29 and 30, Block 9, Morningside Addition to Iowa City, Iowa, according to the recorded plat thereof WHEREAS, the Financial Institution proposes to loan the sum of $15,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgaqe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgaqe of the City. 06/15/2008 20:32 3193565217 IOWA CITY PLANNING PAGE 03/07 4, F3inding Effect" This agreement shah be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. .+4 -~ zo o g . Dated this IS -may of J ~~ ~ --~- C1TY OF IOWA CITY sy FINANCIAL INSTITUTION By Attest: // City CTerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this 1 ~ ~ day of ~u~~.~~.~.._, 20~ before me, the undersigned, a Notary Public in and for the State of Idwa, Personally appeared , Re~P n; o. ~D . ~a ~ I Q l~ and Marian K. Karr, to me personally known, and, who, being by me ly sworn, did say th t 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, as contained in (ordinance) (Resolution) No. 08 -- ao 7 passed (the f~esalution adopted) by the City Council, under Roll Call No. of the City Council on the ~ day of ~ , 20 0 $ ,and that ~ ~ ~ I e and Manan K. Karr ackno ledged the execution of the instrument to tie their volunta act and deed and the voluntary act and deed of the Corporation, by it voluntarily executed. SONDRAE FORT ~~~~ ~ L ' i ~ Commission Number 159791 W'V • My Comm a~ Expires Notary Public in and for the State of Iowa iow 0f~/15/2008 20:32 3193565217 IOWA CITY PLANNING PAGE 04/07 STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me an _ ~~ t 20 Oi by ~b~,~ 1 ~iname(s) of person(s)) as n ~ ~-~ (type of authority, e.g, officer, tnastee, etc.) of /~ 1 CN -(name of party of behaff of whom instruments was executed) . Notary Public i a d for the State of Iowa ~" C~ My Commission expires: "'~`d as 9 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-208 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 15 REGAL LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of four Mortgages, executed by the owner of the property on January 3, 2003, and recorded on January 10, 2003, in Book 3457, Page 209 through Page 215; and recorded January 10, 2003, in Book 3457, Page 216 through Page 220; and January 10, 2003 in Book 3456, Page 221-225 and re- recorded due to a Recorder's error on July 8, 2008, in Book 4322, Page 69 through Page 73; and dated August 25, 2005, recorded September 1, 2005, in Book 3934, Page 549 through Page 554, in the Johnson County Recorder's Office covering the following described real estate: Lot 75, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record. WHEREAS, University of Iowa Community Credit Union is financing a loan in the amount of $7,500 to the owner of 15 Regal Lane and securing the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the loan of University of Iowa Community Credit Union secured by the proposed mortgage in order to induce University of Iowa Community Credit Union to make such a loan; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second, third, fourth and firth lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 15th ~'--~ -` ~~~o ATTEST: .-~ 5~ CITY C ERK A proved by`~^ City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: x Bailey x Champion x Correia Hayek x O'Donnell x Wilburn x Wright x SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the amount of $12,423.23, and were executed by Lillian Williams (herein the Owner), dated Janua 3, 2003, recorded January 10, 2003, in Book 3457, Page 209 through Page 215, and dated January 3, 2003, recorded January 10, 2003, in Book 3457, Page 216 through Page 220, and dated January 3, 2003, recorded January 10, 2003, in Book 3456, Page 221 through Page 225 nd re-recorded due to a Recorder's error on July 8, 2008, Book 4322 ,Page 69 through Page 72, nd dated August 25, 2005, recorded September 1, 2005, in Book 3934, Page 549 through Page 554, Johnson County Recorder's Office, covering the following described real property: Lot 75, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $7,500 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 06/15/2008 20:32 3193565217 IOWA CITY PLANNING PAGE 06/07 4. Binding Effec'b This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatnres, successors, and assigns of the parties hereto. ~ 2oog. Dated this ~ day of J ~ CITY OF IOWA CITY By FI NANCIAL.1 NS7ITUTI ON By~ Attest: z~~. ~~ City clc CITY'S ACKNOWLEDC~EMEN7 STATE OF 10WA ) SS: JOHNSON COUNTY ) ~i On this /~ day of J~~ , 20~, before me, the undersigned, a Notary Public in and for the State of Id"wa, personally appeared ~ a ~ [Q 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 Clty Council, as Contained in (Ordinance) (Resolution) No. a $ ^ av~ passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the / 5 ~ day of ~'~•~,-- _, 20~, and that R~n ~ ~ • ~ % 1 ~ and Marian K. Karr ackno edged the execution of the instrument to be their voluntary ct and deed and the voluntary act and deed of the Corporation, by it voluntar7ly executed. ~ ~ SONDRAE FORT ~ L_ _ ~ Commission Number 159791 ~~ "I7 My Commission Expires Notary Public in and for the State of Iowa • ow 7 o?po 06/15/2008 20:32 3193565217 IOWA CITY PLANNING PAGE 07/07 STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ~ ~.~., ~ ~ 2Q~ by ~h,1, ~ o~~,,(name(s) of person(s)) as _~ a o-~-~ ~ ~ (type of authority, e.g, officer, trustee, etc.) of ~~ ~ ~~~~; rv'~k t~w,~~ (name of party of behalf of whom instruments was executed) . My Commission expires: ~-~~1~~ ^^~ 3a~~o Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 08-209 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RESIDENTIAL MORTGAGE NETWORK INC., CORALVILLE, IOWA FOR PROPERTY LOCATED AT 511 THIRD AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages, executed by the owners of the property on February 10, 2005, and recorded on March 16, 2005, in Book 3853, Page 589 through Page 593, and Book 3853, Page 594 through Page 599, in the Johnson County Recorder's Office covering the following described real estate: Lot 2 in Block 22 in East Iowa City, Iowa, according to the plat thereof in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements, restrictions and covenants of record, if any WHEREAS, Residential Mortgage Network Inc. has refinanced a mortgage to the owners of the property located at 511 Third Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Residential Mortgage Network Inc., has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Residential Mortgage Network Inc.; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Residential Mortgage Network Inc., Coralville, Iowa. Passed and approved this 15th day of July , 20~_. S , ct fi ATTEST Fce Resolution No. 08-209 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x ~- x ~- NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell W ilbum Wright ABSTAIN: x wpdatalglossarylresolutiort-ic.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Residential Mortgage Network Inc. of Coralville. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgages which at this time are in the amount of $17,014, and were executed by Christopher A. Drop and Ann Marie Drop (herein the Owner), dated February 10, 2005, recorded March 16, 2005, in Book 3853, Page 589 through Page 593, and dated February 10, 2005, recorded March 16, 2005, in Book 3853, Page 594 through Page 599, Johnson County Recorder's Office, covering the following described real property: Lot 2 in Block 22 in East Iowa City, Iowa, according to the plat thereof in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements, restrictions and covenants of record, if any WHEREAS, the Financial Institution proposes to loan the sum of $127,500 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. ~J t/ h4f ~~Jh~ 1.~: ~J~ ~l'~ ~5b5:_'1 I lU4~J~ t~l I',' Ni_~rlydlra~a Pt~GE F~3I ~4 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this J~ day of u ~- ~ 20 ° g CITY OF IOWA CITY By FINANCIAL INSTITUTION By RICK 0 SE, PRESIDENT Attest: 7'C ~i/ City Cler ~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) fik --- On this I '- day of S ~L u , 20 ~ g, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Rea ~~ ~. ~~~~~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say tha they are the Mayof and Crty 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, as contained in (Ordinance) (Resolution) No. 08'- ao~J passed (the Resolution adopted) bar the City Council, under Roll Call No. ------- of the City Council on the ,~~ day of ~ u.~- ;r , 20 c~~, and that R~ 'a ' I and Marian K, Karr acknowledged the execution of the instrumen to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,~~ ,, SONDRAE FORT [~-'' ~ _ ~ Commission Number 159791 ~ ~y • My Commission Expires Notary Public in and for the State of Iowa • pow 3 hli ~4/2~~h8 23:08 319355521 i IO~~:i~ rIT`! PLfi~h•lhdIh•IG P~t~E 04104 STATE OF IOWA } ss: JOHNSON COUNTY ) This instrument was acknowledged before me on ~ U~~ ~ 20~ by `~~CK.. ~~oy`~ ~-- (name(s) of person(s)) as ~~'~5 `a--~.-r1~ (type of authority, e.g, officer, trustee, etc.) of Q~~e+n~l~.~ 1~~~.~~ ~h-~'~-(name of party of behalf of whom instruments was executed) . .c~~~a~'~ Notary Public in and for the State of Iowa My Commission expires: ~ ~ ~ ~y 9 M ~ _ 07-15-08 3d 11 Prepared by: Kumi Morris, Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 08-210 RESOLUTION ACCEPTING THE WORK FOR THE MERCER PARK AQUATIC CENTER ROOF REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Mercer Park Aquatic Center Roof Replacement Project, as included in a contract between the City of Iowa City and Geisler Brothers, Co. of Dubuque, Iowa, dated August 1, 2007, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $310,170.12. 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 15th day of ATTEST: ,~ ~~~ ,{~ . CI LERK It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x X x X -~ Pweng/res/mercerpkroof-acptwork.doc 7/08 NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ABSTAIN: x City Attorney's Office 2 9~c ~ J '~' t ~~~~'~I, ~ r ~.®p~7~ ~ ~~~~~ ~ ~~~~~ -.~.~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org July 8, 2008 Honorable Mayor and City Council Iowa City, Iowa Re: Mercer Park Aquatic Center Roof Replacement Project Dear Honorable Mayor and Councilpersons: I hereby certify that Geisler Brothers Company of Dubuque, Iowa has completed the construction of Mercer Park Aquatic Center Roof Replacement Project in substantial accordance with the plans and specifications prepared by VJ Engineering of Coralville, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $310,170.12 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~ ~------ Ronald Knoche, P.E. City Engineer S:1EngWRCHITECTURE FILE\Projects\Mercer Park Aquatic Center Roof Replacement Project 2007\Engineer's Report_Mercer Park Aquatic Center Roof Replacment 2007.doc Clu' ~~'~°F> Prepared by: Adam Ralston, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (VAC08-00002) RESOLUTION NO 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 S54°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: 1. 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. 2. 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 MAYOR ATTEST: CITY CLERK 20 Approved by f ~~~~~~/ City Attorney's Office S !Slo ~ It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be Slpcd/staff reports/SU608-00003/SU608-00003 resolution ~~a,~ 5 Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (SU608-00002) RESOLUTION NO. 08-211 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HENDRICKSON LYTHAM CONDOMINIUMS, IOWA CITY, IOWA. WHEREAS, the subdivider, Jeff Hendrickson, with consent from the owners, Otella, LLC and Gregory B. and Carol Neuzil, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of the Hendrickson Lytham Condominiums; 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 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: The preliminary plat of the Hendrickson Lytham Condominiums, 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 15th day of ATTEST: ~ CIT - LERK Approved by ~-/ City Attorney's Office 3" Z~ ~~ It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~_ Bailey ~ Champion x Correia ~ Hayek X O'Donnell x Wilburn ~_ Wright ~ 5h Prepared by: Doug Ongie, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 (SU608-00007) RESOLUTION NO. 08-212 RESOLUTION APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION -PART 5, IOWA CITY, IOWA. WHEREAS, the owners, Paul Kennedy and Southgate Development, filed with the City Clerk the final plat of Kennedy's Waterfront Addition -Part 5, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00°03'57"W, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 1083.05 FEET, TO ITS INTERSECTION WITH THE NORTH LINE OF THE SOUTH 7 ACRES OF THE EAST 40 ACRES OF GOVERNMENT LOT 1 OF SAID SECTION 22; THENCE N89°44'04"W, ALONG SAID NORTH LINE, 685.13 FEET, TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2007066, IN ACCORDANCE WITH .THE PLAT THEREOF RECORDED IN PLAT BOOK 52, AT PAGE 51, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 259.59 FEET ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL 2007066, AND AN ARC OF A 5146.16 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 259.56 FOOT CHORD BEARS S10°29'10"E, TO THE SOUTHEAST CORNER THEREOF; THENCE S77°40'04"W, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL 2007066, A DISTANCE OF 45.84 FEET; THENCE N89°44'31"W, ALONG SAID SOUTH LINE, 336.51 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE N00°25'16"E, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL 2007066, A DISTANCE OF 265.05 FEET, TO THE NORTHWEST CORNER THEREOF, AND A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 2007065, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 52, AT PAGE 51, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89°44'04"W, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2007065, A DISTANCE OF 248.00 FEET, TO A POINT ON THE EAST LINE OF THE PARCEL OF LAND DEPICTED ON THE PLAT OF SURVEY RECORDED IN PLAT BOOK 11, AT PAGE 54 OF THE RECORDS OF THE JOHNSON COUNTY RECODER'S OFFICE; THENCE N00°23'21"E, ALONG SAID EAST LINE, 338.85 FEET, TO THE SOUTHWEST CORNER OF LOT 11 OF KENNEDY'S WATERFRONT ADDITION -PART THREE, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 36, AT PAGE 52 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89°31'23"E, ALONG THE SOUTH LINE OF SAID KENNEDY'S WATERFRONT ADDITION -PART THREE, A DISTANCE OF 535.53 FEET, TO THE SOUTHEAST CORNER THEREOF, AND A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF S. GILBERT STREET; THENCE SOUTHEASTERLY 339.78 FEET, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, AND AN ARC OF A 5146.16 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 339.72 FOOT CHORD BEARS S07°08'59"E, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 6.48 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the Resolution No. 08-Z 12 Page 2 free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2007) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. 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 subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 15th day o ..rr.., ..,.....,~ ATTEST: -~ ~. (,u ~ ~~e-~ CITY ERK ity Attorney's Office ~~~~ It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey _~ Champion x Correia x Hayek x O'Donnell x Wilburn x Wright pcdftemplateslFinal-resSUB08-00007 Kennedy s Waterfront Pt S.dac.doc .~ STAFF REPORT To: Planning & Zoning Commission Item: SU608-00007 Kennedy's Waterfront Addition -Part 5 GENERAL INFORMATION: Applicant: Contact Person: Phone: Prepared by: Doug Ongie, Planning Intern Date: June 19, 2008 Southgate Development 755 Mormon Trek Blvd. Iowa City, IA 52244 Glenn Siders 755 Mormon Trek Blvd. Iowa City, IA 52244 (319) 337-4195 E-mail: gsiders@sgdev.net Requested Action: Final plat approval Purpose: To establish afour-lot commercial subdivision Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: South of Stevens Drive, west of South Gilbert Street Approximately 6.48 acres Undeveloped commercial - CI-1 North: Commercial (CI-1 and CC-2) South: Commercial (CI-1) and Public (P-1) East: Commercial (CI-1) West: Commercial (CI-1) General Commercial May 29, 2008 45 Day Limitation Period: July 13, 2008 60 Day Limitation Period: July 28, 2008 BACKGROUND INFORMATION: The preliminary plat for Kennedy's Waterfront Part 5, a four-lot commercial subdivision on 6.48 acres of land, was approved by the City Council in May of 2008. The applicant, Southgate Development, is now requesting approval of a final plat. The property is located south of Stevens Drive and west of South Gilbert Street. 2 ANALYSIS: The construction plans and drainage counts are being reviewed by the City Engineer. The proposed drainage plan shows a change from the approved preliminary plat. Any change in the drainage plan must be acceptable to the City Engineer. The legal papers have been submitted and are being reviewed by the City Attorney. These documents must be approved by staff prior to City Council consideration of the final plat. In order to minimize side friction on Gilbert Street, a 40-foot by 30-foot access easement will be provided for Lots 2 and 3 to allow them to share one curb cut. Access to Lots 1 and 4 will be provided by a cul-de-sac at the end of Stevens Drive. A 32.5-foot access easement from the terminus of the proposed cul-de-sac will provide the option for access to all of the lots in this subdivision to Stevens Drive. STAFF RECOMMENDATION: Staff recommends that SUB08-00007, a final plat for Kennedy's Waterfront Addition Part 5, a 4- lot, 6.48-acre subdivision be approved, subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: ~ "'~G~-t/`!/l~llw Robert Miklo, Senior Planner, Department of Planning and Community Development S:\PCD\Staff Reports\SUB08-00007 Kennedy's Waterfront 5th Final Plat \SU808-00007 Kennedy's Waterfront Pt. 5 Final Plat.doc ~/~ l~ G ~ ~ w a ~ ---- J ` ~\p Q ~' ~ ~ O O . v ~ _ = ~ N ~ o 0 o r o ~ ° is wn~,~ e z m ~ ~ O 1 WATERFRONT DR >_~ ~- DR _ N ~--~ ~' ~ N ``' Q > i ~ ~ ~ cn w ~ Q ~ ~ - • - ~~~111 z w > ~ I ~ " cn . i o t < +~ O O 1S 12~S8~ID ------ ~ c `~ ~ ~a SN3~~1S ~ (A C ~.. N ~~ _ ~- ~ ~, V f z ~ o d ( ~ ~ `, V ..w ~~ ._ O ~__ a W N ~ ~--~ cn ~ 100 %V CL ~9Y ~01 POOZ/6L/S OMO'!K[S9LL\YfCS9LL\OOLL\~0 J ~ ~ Lti ~ f1'i ~j ~~~ ~~V ~ 14' ~~Zd Z ~ f `- rn ~, t ~ ~ J ~~ ~ ~ ~ ~ ~~ d ~ LL YQ<~-~ ~~Q~ ~ ~ d ~ [ ~ N ZW 0 ~ ~ ~ ~ e~ ~ .,~ao as 0.' ~~Kg ~ ~~~ ~~~ o~ ~$~ ~ • Z W ~4 ci .:3 ~ 3 Z y p ~~$ ~o sq~~ ~ $~ ASR ~0.~0.Q ~ W a W ~~ ~ .~ ~~ ~~~~t° ~~~~ ~) ~,< ~~y~y -_-JI ~ I -_ _~ ----~ a s ~~ o ~~~~~~~~~~~~~ Q I ~~ it o ~ ~ ~ ~_ z ~. o . ~ ~ ; w '~~ ~ '~ ~I ~! ~ R6 ;~~ ~>:.~ - - -.~~~ J' -,-~ ~x r• 5 ~a ~~ ~~~s~~~~~ ~~s~i-~ :kp ~ Y t ~ R ~~ ~~~~ ~~~`~ ~i~~~~ cg ~~~sg~~~~~ ~~~~ ~ ~ " ~~ ~~~~¢~~~~~g~~~~~~ ~~g~ a ~ °a =oiso ~~e ~~ 6 ~~~ ~~~~~~E~ ~a~~ ~~ ~~g~g~~~~€~~~°~~ ~ga ~~~ ~~$~~~~ayE"a~Y i9 ~Sa ia~y3~~=g%$~C3X~o l 88888 i ] ~ STpi 2 I~ ~~ p ~ i E ~ ~ ~as !~ a~ €~F s~~$ aaaa ~ ~ n ~~~ a,~ 66~ ~e ~~~tr~~sb6~Y5'~~~~aa ~ ~. E e €6a a8si Ys6y i 2 s~~ t°!s~ --i n ~' ~ ~® ~~s $ ~S~ a~~€ag~~s~~~5~a~~' _ m - - .hZKI ,~~ D 8 .` ~ - i~~ €€~ ~~ -_. mangy mau ra au ww. aravnv w A316~~IP~ ~J® g~~d i; 6~0 3J ;kQ ~~ 8 d d v ' ';~~ ~ ~ ~b 1~~7 0 ~. • C ~ ~~tl ~~ ~ g p ~ ~gg ~`~ ~8i ~~e Page 1 of 1 S Marian Karr From: Dorseyph@aol.com Sent: Tuesday, July 15, 2008 9:14 AM To: Council Subject: Consideration of a Development on Stevens Drive This correspondence will become a public record. Tuesday, July 15, 2008 Dear Council Members: It is my understanding that up for consideration at this evening's meeting is a request for approval of a commercial development on Stevens Drive in an area which was recently flooded. 1 hope that the Council will NOT approve this request and that, in fact, it will be the Council's policy to refuse approval of ANY future requests for new development/construction, whether residential, public or commercial, in either the 100- or 500-year flood plains. I believe that such a policy would not only help to protect individuals, businesses and the City from the human as well as financial costs of flooding, but that it also fits within the broader goal of working to preserve and improve the quality of life in Iowa City by allowing for green spaces close to the Iowa River. In fact, it seems to me that it would make sense to pursue buyouts with the idea of expanding natural park space adjacent to the River; e.g. both the Parkview Estates (Normandy Drivej and Idyllwild Condominium areas could provide ideal habitat expansion for the eagles and herons nearby and for wildflower and prairie teaching trails. In the midst of dealing with the current crisis I would support any efforts you can make towards not only preventing future harm but steering the recovery to improve and meet longterm goals for the kind of community we want to be! Thank you for your leadership! Dorsey Phelps 427 Ferson Avenue Iowa City, Iowa 52246 319-338-5639 Get the scoop on last night's hottest shows and the live music scene in your area - Check_out_TourTr_a_ckercom! 7/15/2008 M~~ 7 Prepared by: Marcia Klingaman, Neighborhood Services, 410 E. Washington St., Iowa City, IA 52240, 319-356-5237 RESOLUTION NO 08-213 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE WASHINGTON HILLS NEIGHBORHOOD ART PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art program provides for investment in public art annually; and WHEREAS, the City Council of Iowa City approved the original concept of focusing Public Art Funds on Neighborhood Art projects at their March 11, 2003 meeting by adopting Resolution No. 03-85; and WHEREAS, the Iowa City Public Art Advisory Committee approved the general concept of the Washington Hills Neighborhood Art proposal at their meeting of June 5, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement between the City of Iowa City and the artist Jill Harper for coordination of the design, fabrication and installation of the Washington Hills Neighborhood Art Project, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Passed and approved this 15th day o ATTEST: J CITY ERK It waS moved by Correia adopted, and upon roll call there were: AYES: and seconded by Champion the Resolution be NAYS: 08-213 ABSENT: x Bailey ~_ Champion x Correia x Hayek x O'Donnell ~ Wilburn x Wright wpdata/neighborhood/public art/resWashington hills art.doc 7 CITY OF IOWA CITY PUBLIC ART PROGRAM WASHINGTON HILLS NEIGHBORHOOD ART PROJECT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on Ju~~ 5 " oo between the City of Iowa City, hereinafter referred to as the OWNER, and Jill H rper, hereinafter referred to as the ARTIST. The OWNER shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the recommendation of the COMMITTEE and after neighborhood input, has accepted the proposal for the Washington Hills Neighborhood Art Project created by the ARTIST and hereinafter referred to as the ART WORK, for 12 mosiac covered plinths and a mosaic covered park bench creating an entranceway and "woodlands walkway" into Pheasant Hill Park from Green Mountain Drive. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "PROPOSAL"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and consultation on the installation of the ART WORK at the site. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate their work with the OWNER. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER a tentative schedule for completion of fabrication and installation of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER. After written approval of the schedule by the OWNER, the ARTIST shall fabricate and transport the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). c. The ARTIST shall complete the fabrication and work with OWNER to ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site of the ART WORK which affects installation, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER in writing when the fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER, no fewer than (15) fifteen days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER. c. The OWNER shall be responsible for the installation and expenses associated with the installation of both the bench and the 12 plinths including all delivery services/fees. OWNER shall consult with the ARTIST on the installation of the completed ART WORK at the sites in compliance with the schedule approved pursuant to Section 1.2 (a). 1.4 Post Installation a. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. b. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER in writing when all services in Sections 1.1 through 1.4 have been completed in substantial conformity with the Proposal. b. The OWNER shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on one of the two dates, whichever occurs earlier: (1) the date of the OWNER'S written notification to ARTIST of final acceptance; or, (2) the 30th day after receipt by OWNER of written notice given by ARTIST under Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNER gives the ARTIST written notice specifying and describing the services which have not been completed. 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. 3 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ARTWORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay a fee not to exceed Sixteen Thousand Six Hundred Dollars ($16,600) as the total of all itemized costs included in the proposal (Exhibit A) which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST, suppliers or subcontractors under this agreement. As the project proceeds, the ARTIST shall provide to the OWNER invoices for materials, supplies and services for direct payment by OWNER, which shall not exceed Thirteen Thousand One Hundred Dollars ($13,100) and shall consist of those materials, supplies and services detailed in Exhibit A. The OWNER agrees to process and pay invoices within a reasonable period of time. The artist stipend as detailed in Exhibit A, Thirty Five Hundred dollars ($3500), shall be paid directly to the ARTIST as follows: a. $1500.00 within thirty (30) days after acceptance by OWNER of the bench mosaic b. $2000.00 within thirty (30) days after acceptance by OWNER of the 12 mosaic plinths 4 Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER. 3.2 Site Delays If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time specified in the schedule as a result of the site not being sufficiently prepared to permit installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the ART WORK. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 5 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns aroyalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: ~ [ARTIST'S NAME), date of completion. 5.3 Credit to OWNER The ARTIST shall use best efforts to give a credit reading substantially, "an original ART WORK owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. 6 Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S. C. Section 113, (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the ART WORK. 6.4 Permanent Record. The OWNER shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. 7 Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the OWNER prior to hiring any subcontractor. If the OWNER does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 11. General Terms 11.1. The ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 8 11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project, subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request to the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance. 11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by OWNER. 11.7 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST ill rper ~~ f~ ~:~ d City orn y`~s ffice 7/~~s~ ATTEST C1 ) Marian .Karr City Clerk ~XH~~~T t~ A r~ Washington Hills Pheasant Hill Park Proposal for Neighborhood Art Project Jill Harper Revised on 6/3//08 harper.jill(~~ccsd.kl2.ia.us (319)621-2513 Introduction The proposed neighborhood art project for the Washington Hills area's Pheasant Hill Park consists of a "woodland walkway," based on the theme "Characters of the Imagination." The sculptures for this walkway would begin on the Green Mountain Dr. entrance, with two 5 ft. tall upright concrete plinths and a concrete park bench, incorporating the words "Pheasant Hill Park" on the back, facing the street. This would doubly serve as a sign for the park. Imagery on both the park bench and the plinths would be created in mosaic the and ceramic bas relief designs. This would be followed by a simulated "trail," lined with alternating shorter 4-sided plinths spaced in intervals leading to and around the playground area (approximately 10 plinths, 12 in total), which would depict mosaic versions of the student-designed animals on the sides and top. The given theme would be based on selected designs created by elementary school-aged students who live in the Washington Hills area; students will be asked to create their own imaginary animal, monster, or mythical creature that might live in the woods. The plinths would then be created based on these designs by concept artist Jill Harper and would be constructed with the involvement of City High art students. The plinths would serve as a grotto-like visual art attraction for the neighborhood, presenting a unique pathway to the playground and pavilion for children's enjoyment. Each work of art would accredit each student artist with their name and age incorporated into the mosaic or bas relief design. Rationale In May 2008, Elementary aged students (K-6) who attend Hoover, Lemme, private-schools, or who are home-schooled and live in the Washington Hills area will be eligible for entering their drawing ideas to the selection committee. Art Teachers at each of the schools will be contacted to encourage student entry, and an informational flyer which states the rules and entry specifications will be distributed through Hoover, Lemme, and the Washington Hills neighborhood for students who are interested in participating. The submitted drawings will then be judged by the selection committee, which will consist of the Washington Hills Neighborhood Association, The City of Iowa City, and the concept artist. 40 drawings will be selected for the Woodland Walkway animal plinths. These designs would be converted into 2D and bas relief mosaics and would each be rendered on individual sides of the plinths, along with the names and ages of the elementary students who designed the work (in the top, sloping portion of the plinths) and high school students who assisted with the mosaic work. These would be permanent works of art that children would enjoy and be inspired by, as well as feel a sense of pride and recognition from their community. The plinths aligning the walkway would be 3 feet in height above ground, with a 2 '/z "lip at ground level to allow lawn mowers to easily maneuver, cutting grass neatly nearby without the need for trimming. They would have footing below the frost line, approximately *40 inches. Depending on each creature's unique "personality," surfaces would range from a unique combination of mosaic materials. Some would have earth tones of handmade ceramic the fragments; others may be brightly colored with geometric patterns using colored glass or commercial the mosaic fragments, or may reflect spots of sunlight with chips of colored mirror. Each of the plinths would be professionally poured from a uniform mold. Mosaic surfaces would be created at City High school. Mosaic materials would be designed around student drawings, and would be glued to a glass or plexiglass base, sized to fit each panel of the plinth. Upon completion of the mosaic surfaces, they will be caulked to the cement plinths, then grouted and sealed. Neighborhood Involvement -Washington Hills Neighborhood Association The neighborhood started considering an art project back in July of 2007. There was mention of completing an art project in the neighborhood during PIN grant discussions before this date; however public art wasn't an advertised agenda item until the July 31, 2007 meeting. At this meeting the neighborhood representatives and those in attendance discussed an idea of working with the City High art teachers and Shirley Wyrick. All were in consensus that they wanted to go ahead with an art project and loved the idea that area children could be involved in a final art project. As the neighborhood representatives have little experience with art it was decided that they would support any project the City High teachers and Shirley would present that would include area children in the design process. Jill Harper submitted an idea with play structures in Pheasant Hill Park based on a design completed by children in the neighborhood. This proposal was in the January 2008 neighborhood newsletter and was met with a positive response. The new proposal for a trail in Pheasant Hill Park with mosaics and the based on designs submitted by area students is appealing as more children will get the opportunity to participate and see their work at the park and meets the intent of what was proposed and agreed upon at the July 31St neighborhood meeting. Timeline July 15, 2008 August, 2008 • Approval on contract by City Council. Park bench to be ordered and delivered to Pheasant Hill Park • Concept artist to meet with Washington Hills Neighborhood representatives and Iowa City Public Art Advisory committee to review designs for park bench. August 25, 2008: • Concept artist (Jill Harper) will distribute informational flyers to schools in the area at the beginning of the school year, discuss plan with art faculty at Hoover, Lemme, and Regina September 25, 2008: • Concept artist will collect drawings from participants and meet with the Washington Hills Neighborhood representative(s). Designs will be selected from the drawings September 30, 2008 • Completion of park bench mosaic and acceptance by City. October 2008: • drawings to-scale of the mosaic version of each animal will be created, to be used as planning sheets when cutting and creating mosaic pieces • Drawings -will be created to mark location and order of each plinth at the park • Materials will be purchased for constructing the sculptures/pads. November/December 2008: • Concept artist will present models and final plan drawings to Washington Hills Neighborhood Meeting and to the Iowa City Public Art Advisory Committee for their review December 2008-May 2009: • Concept artist will work with art students of City High in creating the mosaic pieces. This will be a part of City High Art Club; City High students from Washington Hills neighborhood are encouraged to participate, and will meet after school several days per week to work on the mosaics. May 2009: • Deadline for cement plinths to be poured and installed in park During the 2008-2009 academic year, City High Students will assist with: • Creating and glazing mosaic ceramic chips • Gluing and grouting mosaic chips to plinths • Creating a "mosaic park bench" Total Estimated Cost Park Bench (PIN Grant) $1,300 Committed Extra funds for park bench? $54 ($1354.00 total) Re uested Mold creation and pouring $ 6100 (All American Requested of 12 cement plinths Concrete) Mosaic Tile chips and glass $ 2000 (estimated) Requested chips of various colors, mirror grout, mosaic glue, sealant, $2500 (estimated) Requested weather-resistant caulking Glass/plexiglass work 500 (estimated.) Requested surfaces, sized to fit plinth sides (40 surfaces total) All Other Supplies (paint $ 1700 Requested brushes, tape, mosaic the and glass snippers, gloves, safety goggles, dust masks, plastic bins for sorting Artist stipend $3500 Requested Paper $0 in kind Storage $0 In kind Total Amount Requested: $ 16,354 Example of park bench style ;,~,~ ~~ ~' l ~~y-~ ~. "~r~F '' k' $~ fad ~ Y One example of name inclusion (could also be used for age of student, school, date completed.) `-7 I CITY OF IOWA CITY PUBLIC ART PROGRAM WASHINGTON HILLS NEIGHBORHOOD ART PROJECT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on' referred to as the OWNER, and shall be the Director of the Dep~ designee. The COMMITTEE shall WHEREAS, the OWNER, on the neighborhood input, has accepted the ro Project created by the ARTIST and here' a covered plinths and a mosaic covered p I walkway" into Pheasant Hill Park from G accepted is attached hereto as Exhibit "A" (h NOW, THEREFORE, in consic contained herein, the parties agree as fol Article 1. Scope of Services 1.1 General between the City of Iowa City, hereinafter Harper, hereinafter referred to as the ARTIST. The OWNER ment of Planning and Community Development or his/her ~, the Public Art Advisory/Committee. recommen tion of the COMMITTEE and after ~osal for a Washington Hills Neighborhood Art fter refer ed to as the ART WORK, for 12 mosiac benc creating an entranceway and "woodlands 'en ountain Drive. A copy of said proposal as ~ei after "PROPOSAL"). of the mutual promises and undertakings a. The ARTIST shall perf mall services ; equipment as necessary for the d ign, execution, fa on the installation of the ART WO K at the site. b. The ARTIST shall ~f all stages of execution, their work with the OWNER. / 1.2 Execution of the Work furnish all supplies, materials and ~tion, transportation and consultation cation and installation coordinate a. The ARTIST hall furnish the OWNER a tentativ schedule for completion of fabrication and installati n of the ART WORK, including a sc dule for the submission of progress reports, if any The schedule must be approved by OWN R. After written approval of the schedule by the WNER, the ARTIST shall fabricate and tr nsport the ART WORK in accordance with su~ schedule. Such schedule may be amended by written agreement between the OWNE and the ARTIST. b. The 016(INER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). c. Thy ARTIST shall complete the fabrication and work with OWNER to ensure installation q~ the ART WORK in substantial conformity with the approved Proposal. r 2 d. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the ART WORK not permitted by or not i substantial conformity with the Proposal. A significant change is any change in the scope, des' n, color, size, material, texture or location of the site of the ART WORK which affects installa ' n, scheduling, site preparation or maintenance for the ART WORK or the concept of the ART RK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER in writing when. the fabrication of the ART WORK is completed and the ARTIST is r ady for its delivery and~ihstallation at the site. b. The ARTIST agrees to notify the WNER, no fewe than (15) fifteen days prior to the ARTIST'S intended time of delivery to dete mine the parti lars of delivery time, location and agent designated by the OWNER. c. The OWNER shall be responsible f the i stallation and expenses associated with the installation of both the bench and the 12 Alin s i cluding all delivery services/fees. OWNER shall consult with the ARTIST on the installatio the completed ART WORK at the sites in compliance with the schedule approved pursuan Section 1.2 (a). 1.4 Post Installation a. The ARTIST shall be notified any date and times for presentation ceremonies relating to the ART WORK. b. Upon installation of the AR WORK, the ART T shall provide to the OWNER written instructions for appropriate mainten ce and preservatio of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall dvise the OWNER in writin when all services in Sections 1.1 through 1.4 have been com eted in substantial conformity wi h the Proposal. b. The OWNER all notify the ARTIST in writing of O NER'S final acceptance of the ART WORK. c. Final acce tance shall be effective on one of the two d tes, whichever occurs earlier: (1) the date of the WNER'S written notification to ARTIST of fin I acceptance; or, (2) the 30th day after receipt y OWNER of written notice given by ARTIST nder Section 1.5 (a) unless prior to the expiration of the 30 day period, OWNER gives the AR ST written notice specifying and describing the services which have not been completed. ;' 1.6 Risk Loss The risk of loss or damage to the ART WORK shall be borne by~ the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. 3 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits t(ased upon or alleging bodily injury, including death, or property damage arising out of or result g from ARTIST'S operations, duties or responsibilities under this agreement, whether such by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by RTIST. b. Upon final acceptance of e ART WORK, the OWNER hall, to the extent permitted by law, and without waiving any imm nities available thereunder indemnify and hold harmless the ARTIST against any and all claim or liabilities thereafter de in connection with the ART WORK, the site, the project or this a reement, except cla' s by the OWNER against the ARTIST and claims which may occur a a result of the TIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employee of insurance to protect the ARTIST from clai s damages because of bodily injury including pe s of their employees or of any person other tha because of injury to or destruction of tangs therefrom; and from claims arising out of their K errors, omissions, or negligent acts for which t~ the A TIST shall each effect and maintain ande workers compensation acts; claims for anal njury, sickness or disease, or death of any h r employees; and from claims for damages property; including loss of use resulting rformance of professional services caused by RTIST is legally liable. 1.8 Title Title of the ART WORK shall pass toe OWNER\pon OWNER'S final acceptance of the completed ART WORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay a fee n t to exceed Sixteen Thousa d Six Hundred Dollars ($16,600) as the total of all itemized cos included in the proposal (E ibit A) which shall constitute full compensation for all fees, rvices, expenses, and materials o be performed and furnished by the ARTIST, suppliers or ubcontractors under this agreeme t. As the project proceeds, the ARTIST shall provide t the OWNER invoices for materials, upplies and services for direct payment by OWNE which shall not exceed Thirteen Th usand One Hundred Dollars ($13,100) and shall onsist of those materials, supplies and sere es detailed in Exhibit A. The OWNER agrees t process and pay invoices within a reasona a period of time. The artist stipend as detailedl in Exhibit A, Thirty Five Hundred dollars ($3500 ,shall be paid directly to the ARTIST as follaWs: a. $1`500.00 within thirty (30) days after acceptance by OWN~R of the bench mosaic b.;~`$2000.00 within thirty (30) days after acceptance by OWNER of the 12 mosaic ` plinths ~,; 4 Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER. 3.2 Site Delays If, when the ARTIST completes brication or procurement of the ~RT WORK in accordance with the approved schedule and otifies the OWNER that th ART WORK is ready for installation, the ARTIST is delayed om installing the ART WO within the time specified in the schedule as a result of the site n t being sufficiently pre red to permit installation of the ART WORK, the OWNER shall prov a storage, or reim rse the ARTIST for reasonable transportation and storage costs incur ed for the perio between the time provided in the schedule for commencement of installa 'on and the d e upon which the site is sufficiently complete to reasonably permit installation f the ART ORK. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation the ARTIST'S services prior to the time pro gage costs resulting from the completion of the schedule for installation. 3.4 Time Extensions The OWNER shall grant a reasonable ension oft a to the ARTIST in the event that there is a delay on the part of the ARTIST i performing its obligations under this Agreement due to conditions beyond the ARTIST'S co rol or Acts of Go which render timely performance of the ARTIST'S services impossible or expectedly burdens me. Likewise the ARTIST shall grant a reasonable extension of time to a OWNER in the even that there is a delay on the part of the OWNER in performing its ob gations under this Agre ent due to conditions beyond the OWNER'S control or Acts of od which render timely pe ormance of the OWNER'S services impossible or unexpectedly burdensome. Failure to ful 'll contractual obligations due to conditions beyond either arty's reasonable control will not b considered a breach of contract; provided that such obli~tions shall be suspended only for the uration of such condition. ,~ Article 4. Warranties-` 4.1 Warranties A'~Title The ARTISF'represents and warrants that: (a) the ART WORK is s ely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing 'to the OWNER, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 5 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. T ~ e OWNER shall give notice to the ARTIST of any observed breach with reasonable promptne .The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reaso bly and promptly the breac~r~of any such warranty which is curable by the ARTIST and which c re is consistent with pro ssional conservation standards (including, for example, cure by mean of repair or refabrica n of the ART WORK). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, t Act of 1976, 17 U.S.C., 101 et. seq., and a ownership and possession. In view of the in shall be unique, the ARTIST shall not mak a ART WORK, nor shall the ARTIST grant permission of the OWNER. The ARTIS irrevocable license to make two or t e educational and/or non-commercial p rpo , advertising, calendars, posters, bro ure and development projects, or othe similar p in a professional manner. he ARTIST retains all rights under the Copyright ether rights in and to the ART WORK except ion that the ART WORK in its final dimension additional duplicate reproductions of the final 'on to others to do so except with the written ud g but not limited to reproductions used in ia, p licity, catalogues, museum, educational the OWNER and its assigns aroyalty-free, i nal reproductions of the ART WORK for ations, provided that these rights are exercised ermis grants t e dimens ses incl s, med ublic 5.2 Notice All reproductions by the O NER shall contain a credit to a ARTIST and a copyright notice substantially in the followi g form: ~ [ARTIST'S NAME], date f completion. 5.3 Credit to OWNER The ARTIST shalyuse best efforts to give a credit reading s~{bstantially, "an original ART WORK owned a d commissioned by the City of Iowa City, Iowa"'rn any public showing under the ARTIST'S q~trol or reproductions of the ART WORK. 5.4 Reg The ARTI~T may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that mainten nce of the ART WOf~K on a regular basis is essential to the integrity of the ART WORK. The WNER shall take Keasonable steps to assure that the ART WORK is properly maintained an protected, tak' g into account the instructions of the ARTIST provided in accordance with Sect n 1.4 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsecti 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or c nge the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the ri t to alte the location of the ART WORK; relocate the ART WORK to another site; and re ve the AR WORK from public display. The following provisions shall apply to relocation or emoval: (i) While the OWN R shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it i the parties' unders nding that such removal may result in damage, alteration, modificatio ,destruction, distortion r other change of the ART WORK. The ARTIST acknowledges that t s provision shall qualify der 17 U.S. C. Section 113, (d) so as to waive rights under 17 U. .C. Section 106A. (ii) If, at a time of removal, it is deter inf removed without dam ge, alteration, modification, destr c OWNER shall given ice as required by 17 U.S.C. Section 1 of the ART WORK, he ARTIST agrees to file the records address, with the gister of Copyrights as provided under 1 ARTIST further rees to update information with the Regis notification of in nt to remove the ART WORK. d that the ART WORK may be ion, distortion or other change, 13 (d) (2) and (3). On completion including ARTIST'S identity and U.S.C. Section 113 (d) (3). The ~r of Copyrights so as to permit 6.4 Permaney~t Record. The OWN R shall maintain on permanent file a record of this Agreement and the location and dispositic~i of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. 7 Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract ARTIST'S expense provided th• appearance, or visual quality supervision of the ARTIST. The, any subcontractor. If the OWNE subcontractor must be submitted portions of the services to # said subcontracting shall r the Proposal and shall be 'ARTIST must obtain approval does not approve the hirir f~r approval by the OWNEFj! be provided hereunder at the of negatively affect the design, carried out under the personal from the OWNER prior to hiring g' of any subcontractor, another Article 9. Termination If either party to this agreement shall illfully or neg ' ently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants agreements or stipulations material to this agreement, the other party shall thereup have a right to terminate this agreement by giving written notice to the defaulting party of 'ts i ent to terminate specifying the grounds for termination. The defaulting party shall have i y (30) days after receipt of the notice to cure the default. If it is not cured, then this agreem t shall terminate. In the event of default by the OWNER, the OWNER shall promptly com n ate the ARTIST for all services performed by the ARTIST prior to termination. In the even of de ault by the ARTIST, all finished and unfinished drawings, sketches, photographs, and her wor products prepared and submitted or prepared for submission by the ARTIST under is agree nt shall at the OWNER'S option become its property, provided that no right to fabricate or ecute the ART WORK shall pass to the OWNER and the OWNER shall mpensate the A TIST pursuant to Article 2 for all services performed by the ARTIST prior termination; or th ARTIST shall refund all amounts paid by the OWNER in exchange for finished and unfinish d related art works. Notwithstanding the previous sentence, the ART T shall not be relieved f liability to the OWNER for damages sustained by the OWNER y virtue of any breach of th Agreement by the ARTIST, and the OWNER may reasonably ithhold payments to the ARTI T until such time as the exact amount of such damages duet OWNER from the ARTIST is det rmined. Article 10. Complian e The ARTIST sh be required to comply with Federal, State, a d City statutes, ordinances and regulations ap~cable to the performance of the ARTIST'S servi sunder this agreement. i Article 11. fi;eneral Terms ~~ 11.1. he ARTIST shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project, subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request to the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and file! 11.4 At the request of OWN R, the ARTIST shall att d such meetings of the City Council relative to the work set orth in this Agreeme .Any requests made by the OWNER shall be given with reaso ble notice to ARTI T to assure attendance. 11.5 Should any section of this A reement be and invalid, it is agreed that the remaining portion shall be deemed sev rable fro the invalid portion and continue in full force and effect. 11.6 Fees paid for securing approval of uthorities having jurisdiction over the Project will be paid by OWNER. 11.7 Upon signing this agreement, R ST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer o empl ee from having an interest in a contract with the City, and certifies that no a ployee officer of the City, which includes members of the City Council and City oards an commissions, has an interest either direct or indirect, in this agreeme ,that does t fall within the exceptions to said statutory provision enumerated in ection 362.5. Article 12. Entire Agreement This writing embodies the a ire agreement and under anding between the parties hereto, and there are no other agreem is and understandings, oral r written, with reference to the subject matter hereof that are not erged herein and supersede ereby. Article 13. Modification No alteration, changq~ or modification of the terms of the Agr~;ement shall be valid unless made in writing and signe by both parties hereto and approved by a propriate action of the OWNER. ARTIST / OWN Jill Ha Regenia Bailey, Mayor ATTEST Marian K. Karr City Clerk 07-15-0$ 8 Prepared by: Kent Ralston, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 08-214 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS IN THE 1000-1200 BLOCKS OF FOSTER ROAD WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of Foster Road have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and a 75% majority of the survey respondents has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and is consistent with its traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the installation of speed humps in the 1000-1200 blocks of Foster Road is hereby approved. 2. City staff is directed to proceed with the installation of speed humps in the 1000-1200 blocks of Foster Road. Passed and approved this 15th day of July . 208_• CITY CLERK jccogtp/res/fosterspeedhumps.doc City Attorney's Office ~ /3~,~~0 ~ Resolution No. 08-214 Page 2 It was moved by Wright and seconded by Correia 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 wpdatalglossary/resolution-ic.doc Kent Ralston From: Jamie Tisdale (jamie.tisdale@gmail.com] Sent: Wednesday, June 25, 2008 4:01 PM To: Kent Ralston Cc: Council Subject: Foster Road Speed Humps Dear Mr. Ralston, I am writing in support of adding speed humps to the 1000-1200 blocks of Foster Road. I have lived just east of the area on Mackinaw Drive for about a year and a half and can attest to a majority of cars using Foster Road not honoring the speed limit. Some do this quite flagrantly - I see cars traveling at 45+ miles per hour daily and have visited the Peninsula neighborhood enough to know they rarely slow down there. These speed humps will not only greatly benefit my neighbors in the Peninsula neighborhood but they will also make it safer for the many users of the trails out here. I implore our council to vote for the addition of these speed humps and hope they are considered further east on Foster Road in the future. Thank You, Jamie Tisdale 1760 Mackinaw Drive Page 1 of 1 Kent Ralston From: Paula O. Brandt [pobrandt@avalon.net] Sent: Thursday, June 26, 2008 7:10 AM To: Kent Ralston Subject: Speed bumps on Foster I'm not sure if you received this, so I am re-sending Dear Mr. Ralston--We were surprised to see the signs announcing the possibility of speed bumps for a few blocks of Foster Rd in the Peninsula Neighborhood. We are aware that many people headed for the dog park do speed, and that this is an unsafe situation. However, since speed bumps are such an annoyance, they really only shift traffic to adjoining streets. Unfortunately for us, it will only take a second for drivers to realize they can turn down White Oak Pl--our street--to Swisher Lane, cross Foster to Swisher St., speed past the playground, and link up with Foster Rd again to speed down the hill to the dog park. We don't think that shifting the speeders to non-speed bump bearing streets is the answer, nor do we want to have to go to the City to request traffic calming for our currently perfectly calm little cul de sac. In fact, we wouldn't be at all surprised if the folks in the Peninsula Neighborhood use White Oak and Swisher themselves to avoid the speed bumps they're requesting! Speed bumps are 24/7, but the worst of the dog park traffic isn't. We wonder if you have asked the Iowa City Transit their opinion since the affected blocks of Foster are the ones they use for the new Peninsula bus route. We don't know what the solution is--speed bumps everywhere?--but shifting the problem to the adjoining streets isn't it. Enforcement of the speed limit, perhaps? Hefty fines? Children playing signs? Reduced speed limit signs? Stop signs (we know, who pays attention to them?!)? Some kind of neighborhood action/reporting? Let's try to come up with a better solution than shifting the traffic to our street, please. Sincerely, Paula and Lowell Brandt 67 White Oak PI 354-6948 6/26/2008 Page 1 of 2 Kent Ralston From: gfrakes@garyfrakesconst.com Sent: Wednesday, June 25, 2008 10:46 AM To: Kent Ralston Subject: FW: Speed bumps on Foster Rd. Kent, As the builder and owner of lots on White Oak Place I must agree with Mrs. Brandt. A stop sign at Foster and Moses Bloom or Swisher Lane would be so much more effective. The Peninsula development is a tough enough sell without adding aggravating speed bumps. They were put into the Walnut Ridge Development and have ruined the aesthetics of the neighborhood and the potential sales in adjoining Cardinal Ridge. I can speak from direct experience as both a listing agent of a home in Cardinal Ridge and a realtor showing homes in that area. Please avoid speed bumps anywhere. They are a terrible traffic calming alternative. Thanks for your consideration, Gary Frakes, President Frakes Construction and agent, Blank & McCune, The Real Estate Company p.s. Why not solve the whole traffic problem at Foster Road by swapping the (dry) dog park ground with the Idyllwild Development. See how easy solutions are when you are on the outside looking in?! Thanks! Dear Mr. Ralston--We were surprised to see the signs announcing the possibility of speed bumps for a few blocks of Foster Rd in the Peninsula Neighborhood. We are aware that many people headed for the dog park do speed, and that this is an unsafe situation. However, since speed bumps are such an annoyance, they really only shift traffic to adjoining streets. Unfortunately for us, it will only take a second for drivers to realize they can turn down White Oak Pl--our street-to Swisher Lane, cross Foster to Swisher St., speed past the playground, and link up with Foster Rd again to speed down the hill to the dog park. We don't think that shifting the speeders to non-speed bump bearing streets is the answer, nor do we want to have to go to the City to request traffic calming for our currently perfectly calm little cul de sac. In fact, we wouldn't be at all surprised if the folks in the Peninsula Neighborhood use White Oak and Swisher themselves to avoid the speed bumps they're requesting! Speed bumps are 24/7, but the worst of the dog park traffic isn't. We wonder if you have asked the Iowa City Transit their opinion since the affected blocks of Foster are the ones they use for the new Peninsula bus route. We don't know what the solution is--speed bumps everywhere?--but shifting the problem to the adjoining streets isn't it. Enforcement of the speed limit, perhaps? Hefty fines? Children playing signs? Reduced speed limit signs? Stop signs (we know, who pays attention to them?!)? Some kind of neighborhood action/reporting? Let's try to come up with a better solution than shifting the traffic to our street, please. 6/25/2008 Page 2 of 2 Sincerely, Paula and Lowell Brandt 67 White Oak PI 354-6948 6/25/2008 Page 1 of 1 Kent Ralston From: George Perry [goffice@connections.net] Sent: Monday, June 23, 2008 2:37 PM To: Kent Ralston Subject: FW: Speed Bumps on Foster Road may have had the wrong address on my original message. George Perry -----Original Message----- From: George Perry [mailto:goffice@connections.net] Sent: Monday, June 23, 2008 2:33 PM To: 'kept-raltston@iowacity.org' Subject: Speed Bumps on Foster Road Mr. Ralston We have been informed that the city is considering speed bumps on Foster Road to slow the dog track traffic. Please register my opposition. I live on White Oak Place and regularly take walks down to the dog track: The residents of the Peninsula are absolutely correct in their assessment that the dog owners who "tear" through their neighborhood to get their dogs to the park present a real menace and safety hazard, especially with many children now living in that neighborhood. But I think that speed bumps are the wrong way to go. Not only are they annoying, they have a tendency to punish the residents of the neighborhood more than deter the speeders and present a chilling effect on the values of the homes in the neighborhood (a neighborhood that appears unsafe and annoying due to the "necessary" speed bumps discourages buyers). They would wreak havoc on snow removal efforts and speeders would try to find alternative routes, which unfortunately would include White Oak Place, until now a pretty safe and pleasant street. I would much prefer astepped-up enforcement program. We know that most travelers to and from the dog park make the trip between 4:30 and 7:00 PM each day of the week. I believe that word about a few expensive tickets being handed out to offenders would go a long way toward curbing the race track mentality of the dog people. If a policeman were to be strategically placed along that strip during the peak hours a few times a week for just a few months, (a) the city could pay his salary with the fines, (b) it would cut down on the speed of the vehicles traveling that route, and (c) it would give the homeowners and renters of that neighborhood confidence that the city is really doing something to correct a dangerous situation. Permanent speed bumps should be the very last alternative. Thank you very much for allowing me to express my views. George Perry 12 White Oak Place 6/23/2008 Page 1 of 1 Kent Ralston From: Way, Denny [denny.way@pearson.com] Sent: Sunday, June 22, 2008 6:38 PM To: Kent Ralston Subject: Speed Bumps on Foster Road Mr. Raltston, I live in the new development on White Oak Place off of Foster Road near the Peninsula neighborhood. I understand and applaud that the City plans to install speed bumps along Foster Road as it runs through the Peninsula development. However, I fear this action will divert traffic through White Oak Place so as to avoid the bumps. This can be addressed by adding speed bumps on White Oak Place and/or the connector road between White Oak and Foster. I hope the City will consider this systemic strategy to discourage speeding in this area. Sincerely, Walter (Denny) Way 92 White Oak Place Walter (Denny) Way Vice President, Psychometric & Research Services Assessment & Information Pearson Office Phone: (319) 341-6301 Mobile (910) 603-7267 Fax: (319) 358-4280 email: denn~way~a pearson.com **************************************************************************** This email may contain confidential material. If you were not an intended recipient, Please notify the sender and delete all copies. We may monitor email to and from our network. *************************************************************************** 6/23/2008 Speed bumps Kent Ralston Page 1 of 1 From: Wells, Susan (Nursing) [susan-k-wells@uiowa.edu] Sent: Sunday, June 22, 2008 7:46 PM To: Kent Ralston Subject: Speed bumps I am writing this note to express my concern about the speed bumps that are proposed for Foster Road. I am worried that once you put the speed bumps in, everyone will try to find a way to avoid them and will start to use White Oak Place and cut down to Foster Road via Swisher Lane to Swisher Street and then past the park to Foster Road again. If this turns out to be the case, you will not have accomplished the goal of slowing the traffic you will only have forced people to find a new route. Thank you, Susan Wells 40 White Oak Place 6/23/2008 NOTICE TO BIDDERS HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 8th day of July, 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 15th day of July, 2008, or at special meeting called for that purpose. The Project will involve the following: Bore 890 LF 8" Water Main, Install 100 LF 8" PVC Water Main, Install 130 LF 8" DIP Water Main, Install 16 New Water Services, Remove and Replace 1,800 SF PCC Pavement, Remove and Replace 740 SF PCC Driveway, and other associated improvements. All work is to be done in strict compliance with the plans and specifications 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 mainte- nance 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 following award of the contract, 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, 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: Completion Date: September 19, 2008 Liquidated Damages: 200.00 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 Iowa City Engineering Division Office in Iowa City, Iowa, by bona fide bidders. A $35.00 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 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 subcon- tract. 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 coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired 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 City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK M-~ 9 Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 08-215 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE HIGHLAND COURT WATER MAIN REPLACEMENT PROJECT. WHEREAS, Maxweli Construction, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $165,312.00 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 Maxwell Construction, 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 15th day of ATTEST: ~1~ ~5 ~~~~S~iJ CITY ERK It was moved by Wight 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 pwengVes\06HighlandCt-wtrmaii ~- awrdcon.doc 7/08 City Attorney's Office ~~~ d~ `. NOTICE TO BIDDERS 2008 DURABLE PAVEMENT MARKING PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:30 P.M. on the 8`h day of July, 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 15'h day of July, 2008, or at special meeting called for that purpose. The Project will involve the following: Division 1 210 STA Painted Pavement Markings Durable 48 EA Painted Symbols Durable 10 DAYS Flagger 1 LS Traffic Control 1 LS Mobilization Division 2 279 STA Crosswalks and Stop Bars Durable 88 STA Stop Bars Durable All work is to be done in strict compliance with the plans and specifications prepared by the Office of the Iowa City Engineer, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation 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 mainte- nance 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 following award of the contract, 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 AF-1 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, 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) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Specified Start Date: July 22, 2008 Specified Completion Date: Sept. 30, 2008 Liquidated Damages: $200.00 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 the Iowa City Engineer, Iowa City, Iowa, by bona fide bidders. A $10.00 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 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 subcon- tract. 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 coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired 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 City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 M~ 1 Q Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 08-216 RESOLUTION REJECTING BIDS RECEIVED ON JULY 8, 2008 FOR THE 2008 DURABLE PAVEMENT MARKING PROJECT, AND SETTING A NEW DATE FOR RECEIPT OF BIDS FOR THE REBIDDING OF THE 2008 DURABLE PAVEMENT MARKING PROJECT, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, bids were received on July 8, 2008 for the 2008 Durable Pavement Marking Project, and the lowest bid exceeded the Engineer's Estimate by $35,000.000, and WHEREAS, the Department of Public Works recommends that the Council reject all bids and set a new date for receipt of bids. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That all bids received on July 8, 2008 for the 2008 Durable Pavement Marking Project, are rejected. 2. 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 of the city. 3. 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 29th 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 meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 11`h day of August, 2008, or at a special meeting called for that purpose. Passed and approved this 15th day of ATTEST: CIT LERK pweng\res\OSpavement reject .doc 07/08 ~r~ City Attorney's Office 7/,aIOS~ Resolution No. 08-216 Page 2 It was moved by Correia adopted, and upon roll call there were: AYES: x x x X ~- x and seconded by Hayek the Resolution be NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright wpdata/glossarylresolution-ic.doc ADVERTISEMENT FOR BIDS 2008 SANITARY SEWER REHABILITATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 10:30 A.M. on the 8cn day of July, 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 15tH day of July, 2008, or at a special meeting called for that purpose. The Project will involve the following: Lining of 4614 If of 8 inch diameter, 177 If of 22 inch by 33 inch oval and 394 If of 15 inch diameter sanitary sewer, reinstatement of 52 service laterals, removal of 3 protruding service taps and other associated sewer lining 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 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 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: Specified Completion Date: October 31, 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 $30 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 M~ 11 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 08-217 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2008 SANITARY SEWER REHABILITATION PROJECT. WHEREAS, Municipal Pipe Tool Company of Hudson, Iowa has submitted the lowest responsible bid of $161,437 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 Municipal Pipe Tool Company, 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 15th day of ~ Jul , 20 08 ~ ~_ ~ - -~~ Approved by ~/ ATTEST: ~J .~~~~ 1~; t, (~fa~r/ CITY ERK City Attorney's Office `7 ~ ~ ~~~ It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: X x x -Y~ x X NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pweng/res/OBSanSewerRehab-awrd. doc 07/OS i ~, =~. ADVERTISEMENT FOR BIDS ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, before 2:30 P.M. on the 8`n day of July, 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 15`n day of July, 2008, or at a special meeting called for that purpose. A mandatory pre-bid meeting will be held on site at 220 South Gilbert Street in Meeting Room A, June 17`n at 10:30 A.M. The Project will involve the following: Replacing roof membrane and areas of insulation, and repairing concrete tees in roof structure. All work is to be done in strict compliance with the plans and specifications prepared by VJ Engineering, of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation 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 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) year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Completion Date: October 17, 2008 Liquidated Damages: $300.00 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 VJ Engineering, 2570 Holiday Road, Coralville, Iowa 52241, (319)338-4939, by bona fide bidders. A $30.00 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 VJ Engineering. 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 Pweng/adbids/recctrroof- advbids.doc 6/07 R_1 M~~ 12 Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5044 RESOLUTION NO. 08-218 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROBERT A. LEE RECREATION CENTER ROOF MEMBRANE REPLACEMENT PROJECT. WHEREAS, T & K Roofing of Ely, Iowa has submitted the lowest responsible bid of $286,763.00 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 T & K Roofing, 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 Recreation Center Superintendent, Mike Moran, is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 15th day of ATTEST: /'l~.c-c-~~ `~'C 9G~a.~ CITY RK 20 08 t~2 l~"G~i'~v7./ ~"~e~ Attorney's Office -~/~,~~,~' It was moved by Wilburn and seconded by Hayek 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 PwengTres/recctrroof-awrdcon.doc 7/08 Michael A. Mauro h PSE O~ i04.' Secretary of State to '~i-..: u Pf S, p~ y" State of Iowa r4RY OF 28E Agreement Y c FILED W N 7 M501258 LL ~ 8/18/2008 4:31:51 PM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 Johnson County County Johnson Party 3 Party 4 Party 5 +~,..,,. unfti,,.~~ ;r not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Amended agreement for Paratransit Service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013 (#08-219) Item 4. The duration of this agreement is: (check one) mAgreement Expires 6/30/2013 ^Indefinite Duration [mm/dd/yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ^ NO m YES Filing # of the agreement: M500610 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www.sos state.ia.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(cr)iowa-city.orq Phone 319-356-5043 13 Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240. (319) 356-5030 RESOLUTION NO. 08-219 RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDED CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR PARATRANSIT SERVICE FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2013. WHEREAS, on April 1, 2008, by Resolution No. 08-85 Iowa City entered into a 28E agreement with Johnson County for paratransit service for a period of five years, which was filed with the Secretary of State on April 30, 2008, and with the Johnson County Recorder's Office on April 24, 2008 at Book 4290, Pages 503-516; and WHEREAS, two of the reporting requirement provisions listed in the Extent of Agreement section are not applicable to said 28E Agreement; and WHEREAS, the attached amended agreement deletes these unnecessary reporting provisions; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Amended 28E Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached Amended 28E Agreement between the City of Iowa City, Iowa and Johnson County, Iowa. 2. The City Clerk is hereby authorized to file said agreement in electronic format with Secretary of State per the requirements of Chapter 28E.8 of the Code of Iowa (2007). Passed and approved this 15th day of Ap ved by ? j<m City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn X Wright Amended 28E Agreement for Paratransit Service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013 This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as "County". Scope of Services The County shall provide to Iowa City through Johnson County SEATS paratransit service consistent with the Americans with Disabilities Act and the policies of the Iowa City City Council and the Johnson County Council of Governments Paratransit Plan. General Terms 1. Paratransit service area for Iowa City shall be the corporate limits of the City of Iowa City. 2. Paratransit service shall be operated within the corporate limits of Iowa City from 6:00 a.m. until 11:59 p.m., Monday through Friday; 6:00 a.m. until 7:30 p.m. on Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday. The paratransit service shall operate a holiday schedule consistent with Iowa City Transit. 3. Paratransit service shall be operated as a door-to-door service. Service will be in compliance with the "SEATS Riders Guide" as amended. Johnson County SEATS operators shall be sensitive to the needs of passengers with disabilities. 4. The paratransit service shall be operated with a fare which shall be twice the fixed route fare. Paratransit fares collected shall be retained by the County. The only exceptions to the fare of twice the fixed route fare shall be Iowa City residents designated by Iowa City who qualify as being entitled to a discount; such individuals shall be entitled to a paratransit fare equal to the fixed route fare. Reductions in the fare schedule will be done in consultation with the County to determine the commensurate reduction in revenue to the County. Any other fare collected on behalf of any contracting agency and administered by the paratransit provider will not affect the agreement with Iowa City. 5. Iowa City shall pay the cost of vehicle maintenance for any miles the paratransit vehicles are used in fixed route service. Iowa City will continue to have the option to use the vehicles from the Iowa City paratransit fleet when not assigned to Johnson County SEATS paratransit service. 6. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly marked as City of Iowa City and Johnson County (including City of Coralville) paratransit vehicles. Iowa City shall provide signage for the purpose of identifying vehicles that are in use as Iowa City- Johnson County (including City of Coralville) paratransit vehicles. Vehicles and personnel used to provide Iowa City-Johnson County paratransit service shall be neat and clean in appearance. 7. The County shall be familiar with the Johnson County Council of Governments (hereinafter "JCCOG") complementary paratransit plan for the Iowa City urbanized area and will conduct paratransit service consistent with said document. This will include Iowa City's determination of rider eligibility based upon a certification process. Johnson County SEATS shall notify Iowa City of request for ADA certification on a weekly basis at which time the applicant shall be entitled to continue to use SEATS fora 21-day grace period. It shall be Iowa City's responsibility to notify Johnson County SEATS as to whether the applicant is ADA eligible. Otherwise the applicant shall remain eligible for paratransit service. Priority for paratransit service will be given to persons certified under the ADA. 8. Johnson County SEATS shall maintain reporting statistics required by the Federal Transit Administration National Transit Database (formerly Federal Section 15 system). In addition Johnson County SEATS shall provide a management information system consisting of information for each trip provided. This information shall be submitted to Iowa City as a monthly report twenty days from the end of the previous month. Johnson County shall use a computerized management information system which will enable Iowa City to receive information in a summary format. The report is commonly identified as the "Performance Summary Report". Iowa City may request miscellaneous reports to assist it in its evaluation of SEATS services. These reports shall not create an undue administrative burden on SEATS management. 9. Johnson County SEATS shall comply with the Federal Transit Administration Drug and Alcohol testing requirements and shall be responsible for any and all costs associated with said drug and alcohol testing requirements. The County shall certify that they have not been debarred from federally funded contracting. Johnson County SEATS shall comply with any other requirements of the Federal Transit Administration. Johnson County SEATS employees shall have all commercial drivers licenses required by Iowa law. The County agrees to be responsible for the acts of Johnson County SEATS employees while on duty. 10. Johnson County SEATS shall submit proof of insurance meeting the City of Iowa City Class II requirements. 11. Johnson County SEATS shall be permitted to use the Iowa City Transit fueling facility at a cost of $20 per month, plus fuel expense. 12. Iowa City will continue to apply for federal capital assistance for replacement of vehicles. Further, Johnson County SEATS will be responsible for providing a user fee equal to the amount of the required local match for the purchase of replacement vehicles. Should Iowa City cease contracting with SEATS for Paratransit service, Iowa City will reimburse Johnson County SEATS for any contributions made by SEATS toward the purchase price of buses, subject to the 20% annual depreciation of the vehicle. 13. Johnson County SEATS and Iowa City Transit agree to the terms contained in Exhibit A, attached and incorporated herein by this reference, as required for federal capital assistance. 14. The following represents a basic description of ride policy and the agency responsible for the ride. Iowa City ride -begins in Iowa City and ends in Iowa City, Coralville, or University Heights. Coralville ride -begins in Coralville and ends in Coralville, Iowa City, or University Heights. University Heights ride -University Heights resident ride that begins or ends in University Heights, Iowa City, or Coralville. Rural ride -Begins or ends in the non-urbanized area or is a county resident riding within the urbanized area. Special charters are the responsibility of the paratransit provider, regardless of origin and/or destination. Compensation and Duration This agreement shall be for a period of five years effective July 1, 2008 through June 30, 2013. This agreement may be modified at any time by mutual written agreement of the parties. The contracted amounts, as follows, represent the City's full and complete financial responsibility to Johnson County SEATS based on the terms of this agreement. The amounts as follows are payable in equal monthly installments during the course of the year. (Page 3 of 12) July 1, 2008 -June 30, 2009 - $836,817 July 1, 2009-June 30,2010 - $870,290 July 1, 2010 -June 30, 2011 - $905;102 July 1, 2011-June 30, 2012 - $941,306 July 1, 2012 -June 30, 2013 - $978,958 The contract price may be reopened by either party if the price of fuel increases or decreases by more than $.50 per gallon from the rack price on the day this agreement is signed. The City of Iowa City agrees to pay a five cent ($.OS) fuel surcharge to Johnson County SEATS when the average fuel cost per operating mile exceeds forty cents {$.40) per mile for a one month period. The fuel surcharge shall be applied to the number of revenue miles of paratransit service Johnson County SEATS provides for the City of Iowa City. After the initial forty cents ($.40) per mile bench mark is met an additional five cent ($.OS) charge shall be applied for each ten cent {$.10) increase in fuel cost per operating mile. Johnson County SEATS will bill the City of Iowa City for the previous month's additional fee after receiving the fuel bill and figuring the average cost per revenue mile. This payment is in addition to all other payments required by the contract. Any month the average fuel cost is forty cents ($.40) or less there is no surcharge for service. If either party chooses to terminate this agreement, cone-year written notice must be provided. Extent of Agreement 1. No separate legal entity is established by this Agreement. 2. This Agreement is between public agencies contracting to perform governmental service pursuant to Iowa Code Section 28E.12. 3. Pursuant to Iowa Code Section 28E.8(1)(a} (2007 Supplement), Iowa City shall file this Agreement, in an electronic format, with the Secretary of State of Iowa in the manner specified by the Secretary of State. 4. The Agreement represents the entire agreement between Iowa City and Johnson County for paratransit service. It may be amended only by a written instrument signed by both parties. Assignment This Agreement is not assignable without written consent of b,,,,ot~~h parties. Dated this ~_ day of ~. ` , 20~• ~_~~^ -^--, ~ ^,~,r. - JOHNSON CO TY IOWA sy: Attest: City Appro d by: ?~~ City Attorney's Office e By: I Rod Sullivan, C air ~- Attest: County Auditor CORPOR,g~ SEAL (Page 4 of 12) CITY ACKNOWLEDGEMENT STATE OF IOWA } ss: JOHNSON COUNTY ) On this / S ~~ day of ~u +-u 20~ Q before me, So of ram ~o~r-~' 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, as contained in {wee)-(Resolution) No. o g ~ a ~~ passed by the City Council, on the / S '~-- day of ~~,~ u , 20 0 $ ,and that Regenia D. Bailey and Marian K. Karr acknowledged the executio of the instrument to be their voluntary act and' seed slid 'the voluntary act and deed of the corporation, ~ Commission Number 158781 ~" My Commission ~$ Notary Public in and for the State of Iowa 3 My commission expires: 3/~~ap~~ COUNTY ACKNOWLEDGEMENT STATE OF IOWA } ss: JOHNSON CO,UffNTY ) n this 7TH day of ~~liS 7 20 ~~ before me, ~ elC, j~ ~~ a Notary Public in and for the State of Iowa, personally appeared Rod ullivan and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, 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 Board of Su ervisors, as contained in the ~°tion adopted by the Board of Supervisors, on the ~ day of f _, 20 d 5t ,and Rod Sullivan and Tom Slockett acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. No Public m and for the State of Iowa commission expires: . ~~ Ntrlilr7 EXHIBIT A Because federal funds are being used to support the SEATS paratransit contract, Iowa City Transit and Johnson County SEATS hereby agree to the following required federal clauses: ADA Access The Contractor agrees to provide transportation services consistent with the Americans with Disabilities Act (ADA) and comply with the provisions of the Act applicable to the facilities used for and the personnel policies applicable to staff involved in the administration of any contract issued pursuant to a solicitation by this recipient or subrecipient of Federal transit assistance. In particular, the Contractor's project manager shall be responsible for assuring that "reasonable accommodations" are made to ensure compliance with the provisions of the ADA in regard to service provision, hiring and managing personnel as well as workplace accessibility. The employment provisions of ADA require that reasonable accommodations be made in existing worksites to allow a qualified employment candidate with a disability to access the workplace and perform their job duties. Under the ADA, it is also incumbent upon the Contractor to assure that any "accessible vans or buses" and the ancillary equipment that such vans or buses are required to be equipped with by 49 CFR Part 37 Subpart B Subsection 37.23, i.e., to satisfy the ADA's mobility aid user accessibility provisions, are inspected and properly maintained. As such, the Contractor is required to provide appropriate vehicle maintenance and staff training under this contract with a subrecipient of Federal transit assistance. This training must assure that vehicle operators have acquired skills in communicating with assisting persons with disabilities, are proficient in passenger assistance techniques, operation of vehicle level change devices, securement systems, public address systems and other access-related equipment. Vehicle operators shall be required to report any access equipment problems as soon as possible. And, the Contractor shall make repairs to access equipment as soon as possible, preferably on the day following a report of deficiency or malfunction report. Any vehicle with inadequate or malfunctioning access equipment shall not be kept in service if a deficiency presents a heightened risk of passenger or vehicle operator injury. And, such a vehicle shall not be returned to revenue service until access equipment deficiencies are remedied. The Contractor shall cooperate with transit system, as well as State or Federal agency staff, or assessment contractors of agencies with oversight responsibility for assessment of whether the Contractor is complying with the provisions of the ADA. Such assessments shall require Contractor's staff to meet with oversight personnel and provide access to documentation relating to policies and instructions for access equipment pre-trip cycling, staff training, as well as access equipment operation, reliability and maintenance. Contractor shall permit drivers and administrative staff to be interviewed by persons performing ADA compliance assessments. Drug Use and Testing -Alcohol Misuse and Testing Requirements The Contractor agrees to comply with all applicable Federal regulations governing workplace drug use and alcohol misuse in the transit industry. Specifically, the Contractor shall establish a Drug Use and Alcohol Misuse Policy acceptable to the transit agency purchasing services pursuant to this solicitation or contract award and conforming with the Federal Transit Administration (FTA) regulations. These regulations are detailed in 49 C.F.R.Part 665 "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit" as amended. Contractor shall comply with these regulations mandating testing of safety- sensitive employees for the use of drug and the misuse of alcohol in violation of law or Federal regulation, and prohibits performance of safety-sensitive functions when there is a positive test result. The Contractor shall as well comply with U.S. DOT regulations detailed in 49 CFR Part 40, Revised and corresponding Technical Amendments, that set standards for the collection and testing of urine and breath specimens from safety-sensitive employees. Contractor's employees shall be provided with the training required by these regulations as well as access for review, upon request, to the Federal regulations and Contractor's Policy on Prohibited Drug Use and Alcohol Misuse. Fly America Requirement The Vendor/Contractor shall comply with 49 U.S.C. 40118 (the "Fly America" Act) and regulations promulgated by the General Services Administration, at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. This provision shall be included by the Contractor in all subcontracts that may involve international air transportation. Charter Bus Requirements The Contractor agrees to comply with 49 U.S: C. Section 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions detailed at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental." I.e., it must not interfere with or detract from the provisions of mass transportation. School Bus Requirements Pursuant to 69 U.S.C. Section 5323 (f) and 49 CFR Part 605, which provide that recipients and subrecipients of FTA assistance are prohibited from providing school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. Energy Conservation Requirement The Vendor/Contractor bidder shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act. Clean Water Requirement Each Vendor/Contractor, by signing the Certificate of Compliance with Terms of Service under this Request for Architectural and Engineering Qualifications (RFQ) is obliged under penalty of law to perform such services using materials, and under conditions that comply with the federal, state and local clean water regulations governing said production. As such, the Contractor agrees to comply with and perform construction oversight that are the Contractor's responsibility to assess whether work performed by construction contractors is compliant with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.1251 et se .The contractor also agrees to report each violation to the Purchaser and understands and agrees that the Purchaser must, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Vendor/contractor is required to include these requirements in each subcontract exceeding $100,000 financed, in whole or in part, with Federal assistance provided by a contract awarded under this solicitation and assisted by FTA. Lobb~g Disclosure Requirements and Prohibition Pursuant to the Byrd Anti Lobbying Amendment, 31 U.S.C.1352, as amended by the Lobbying Disclosure Act of 1995, P.L.104-65 [to be codified at 2 U.S.C 1601,et seq.], vendors/contractors/EM's who submit a bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying ." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying disclosure Act of 1995 who has made lobbying contacts on its behalf with nonfederal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Access to Records and Reports Requirements In accordance with 49 CFR 18.36(I), the Vendor/contractor and any vendor acting on its behalf in this solicitation agree to provide the Iowa Public Transit System awarding a contract, the Iowa Department of Transportation, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to any contract awarded pursuant to this solicitation for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR Part 633.17, to provide the FTA Administrator or his authorized representatives, including any PMO contractor, access to Contractor's records pertaining to contracts awarded that involve a major capital project, as defined at 49 U.S.C. 5302 (a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. section 5307, 5309, or 5311. The Contractor agrees to permit any of the parties described in the preceding paragraph to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to maintain all books, records, accounts and reports required under any contract awarded pursuant to this solicitation for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the Iowa DOT, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(I)(11). Federal Changes The Contractor or vendor awarded a service contract pursuant to this solicitation agrees to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement (Form FTA MA (6) dated October, 1999) between the Purchaser and the Iowa DOT as required by the Grant Agreement form the FTA to the Iowa DOT as they may be amended or promulgated from time to time during the term of the contract awarded pursuant to this solicitation. Contractor's failure to so comply shall constitute a material breach of this contract. Clean Air The Contractor, by signing the Certificate of Compliance with Solicitation Requirements, is obliged under penalty of law to manufacture the bus being offered in compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.7401 et seg• The FSM agrees to report each violation the Purchaser and understands and agrees that the Purchaser must, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor is required to include these requirements in each subcontract exceeding $100,000 financed, in whole or in part, with Federal assistance provided by a contract awarded under this solicitation and assisted by FTA. Recycled Products The Contractor shall develop construction specifications and building plans that, to the extent practicable utilized recycled products and, at a minimum require construction contractors to perform work in a manner that complies with the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962) including ,but not limited to, the regulatory provisions of 40 CFR Part 247 and Executive Order 12873, insofar as these requirements are applicable to any item so designated by the Environmental Protection Agency (EPA), or material used to produce said item(s), that was designated in Subpart B of 40 CFR Part 247. insofar as the Purchaser acquired $10,000 or more of one of the items EPA designates in the fiscal year during which a contractor awarded a contract for project construction is authorized to commence work or when the cost of such items purchased by the Contractor during the previous fiscal year was $10,000 or more. No Federal Government Obligation to Third Parties The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor , or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. Any Contractor/firm submitting qualifications pursuant to this solicitation agrees to include the paragraph/provision immediately above in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the provision shall not be modified, except to identify the subcontractor who will be subject to this provision. Program Fraud and False or Fraudulent Statements and Related Acts (1) Each Contractor/ firm submitting qualifications in response to this RFQ are obliged to comply with the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, at 31 U.S.C. Section 3801 et seg, and U.S. DOT regulations "program Fraud Civil Remedies," 49 CFR, Part 31. Upon execution of the underlying contract (accepting a contract awarded pursuant to this solicitation), the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract is being manufactured or work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. Section 5307, the Government reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the clauses delineated as (1) and (2) above in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified except to identify the subcontractor who will be subject to the provisions. Termination (1) Termination for Convenience (General Provision) Any transit system/ Purchaser that awards a professional service contract incorporating this provision may terminate such contract, in whole or in part, at any time by written notice to the Contractor when it is in the Transit System's/Government's best interest. The Contractor shall be paid its cost, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Transit System (or other Purchaser) to be paid to the Contractor. If the Contractor has any property in its possession belonging to a Purchaser, the Contractor will account for such property and return or dispose of such property as directed by and at the cost of the Purchaser..be paid its costs (2) Termination for Default[Breach or Cause](General Provision) If the Contractor does not deliver work as per the terms of this solicitation or any contract awarded thereof in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Purchaser may terminate his contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Purchaser that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Purchaser, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. (3) Opportunity to Cure General Provision The Purchaser in its sole discretion may in the case of termination for breach or default, allow the Contractor a specified period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the Contractor fails to remedy to Purchaser's satisfaction the breach or default or any of the terms covenants, or conditions of the Contract within ten (10) business days after receipt by Contractor or written notice from the Purchaser setting forth the nature of said breach or default, Purchaser shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the Purchaser from also pursuing all available remedies against Contractor and its sureties for said breach or default. Government-wide Debarment and Suspension Each prospective Contractor must .submit an appropriately prepared, and signed certification regarding any debarment action or other factors relevant to the firm's, or any its principal's, eligibility to participate in federally funded projects..By signing and submitting this bid or proposal, the prospective lower tier participant (contractor/ vendor) is providing the certification as per the instructions delineated at 29 CFR part 29, Appendix B. Civil Ri htg s Requirements (1) Nondiscrimination - In accordance with Title VII of the Civil Rights Act as amended, 42 U.S.C. Section 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C, Section 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and Federal transit law at 49 U.S.C. Section 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue (2) Equal Employment Opportunity: Contractors/, or subcontractors thereof ,performing lower tier contract services must be an equal opportunity employer as defined in the Rights Act of 1964 and in Iowa Executive Order Number Fifteen. The successful firm, in accepting the offer of a professional service contract under terms of this solicitation, certifies that its officials shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, or national origin. The successful firm shall also take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, disability, or national origin. The following requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with title VII of the Civil Rights Act, as amended, 42 U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C. Section 53432, the 9 Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et sea., (that implement Executive Order No. 11246, Equal Employment Opportunity as amended by Executive Order No;11375, "amending Executive Order 11246 relating to Equal Employment Opportunity, " 42 U.S.C. Section 2000e note) ,and with any applicable Federal statutes, executive orders, regulations and Federal policies that may affect manufacturing activities undertaken in the course of producing the buses being purchased. The Contractor agrees to take such affirmative actions as may be necessary to ensure compliance. These actions shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Section 623 and Federal transit law at 49 U,S,C. Section 5332, the Contractor agrees to refrain form discrimination against present and prospective employees for reason of age. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. section 12112, the Contractor agrees that it will comply with the requirements of the U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, " 29 CFR part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor agrees that is shall include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified, only if necessary, to identify the affected parties and clarify the responsibilities entailed. Transit Employee Protective Agreements The Contractor agrees to comply with: (1) applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - to the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b) ,and U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements for this subsection (a), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals with disabilities authorized by 49 USC Section 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. Section 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this provision. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. Section 5310(a)(2) for Elderly Individuals and Individuals with Disabilities. - If the contract this provision is incorporated by involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. Section 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. section 5310(b) are necessary or appropriate for the state and the public body subrecipient for which work is perform on the underlying contract, the Contractor agrees to carry out the 10 Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S. C. Section 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215 and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth in the Grant Agreement or Cooperative Agreement with the state. The contractor agrees to perform transit operations in connection with the underlying contract incompliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S. C. Section 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S. C Section 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include any applicable requirements in each subcontract involving transit operation financed in whole or in part with Federal assistance provided by FTA. Breaches and Dispute Resolution If the vendor awarded a contract (i.e. Contractor) pursuant to this solicitation abandons, or before completion, discontinues that project; or if by reason of any of the events or reason, the commencement, prosecution, or timely completion of this project by the vendor is rendered improbable, infeasible, impossible, or illegal, the IPTS may, by written notice to the vendor, suspend any or all of its obligations under the contract until such a time as the event or conditions resulting in such suspension has ceased or been corrected, or the agency may terminate any of its obligations under the contract. Upon receipt of a final termination or suspension notice, the vendor shall proceed promptly to carry out their actions required which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and. (2) furnish a statement of the status of the project activities and contracts and. as a proposed schedule, plan and budget or terminating or suspending and closing-out project activities and other undertakings, the cost of which are otherwise included as project costs. The closing out shall be carried out in conformity with the latest schedule, plan, and budget within a reasonable time. Reimbursement to the vendor in the event of termination shall be for actual costs, less any assessment of damages. Disputes arising in the performance of any Contract awarded pursuant to this solicitation that are not resolved by agreement of the parties and concurred with by the Iowa DOT shall be decided in writing by the authorized representative of the Procurement Administrator for the IPTS that awarded the contract for professional services. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy of the decision, the contractor mails or otherwise delivers a written appeal to the Procurement Administrator. In regard to any such appeal, the Contractor shall be afforded with an opportunity to be heard and to offer evidence in support of its position. If the Contractor deems that the Procurement Administrator rendered a decision that it cannot accept, any further review of the matter must be settled in a court of competent jurisdiction within Iowa. Disadvantaged Business Enterprise Requirements (DBE) Plan Approval/Submission: Each contractor/vendor shall comply with all rules and regulations promulgated by the Federal Transit Administration of the U.S. DOT regarding participation of Disadvantages Business Enterprises in contracting opportunities by any contract awarded under this solicitation. As such, any bidder must complete and submit with any bid a Disadvantaged Business Enterprise Certification for Non-Rolling Stock Materials or Services as promulgated under 49 CFR Part 26.and other applicable laws and regulations. State and Local Law Disclaimer The use of many of the clauses delineated herein to comply with Federal requirements may be significantly affected by State law. In the event that the Code of Iowa may contain requirements that are not precluded by federal statute, state law or local shall be applicable. If the Contractor has reason to believe that any discrepancy exists between local, state, or federal requirements, it is incumbent on the Contractor to request in writing that a determination be made and issued by the Procurement Administrator to resolve any such discrepancy. Incorporation of Federal Transit Administration (FTA Terms The preceding provisions include, in part, certain Standard Terms and conditions required by DOT, whether or not expressly set forth in the provisions of this solicitation. All contractual provisions required by DOT, as set forth in FTA circular 4220.1 D., dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this solicitation or contract awarded thereof. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests made by the IPTS/Transit Agency, other participating Iowa public transit systems, or the Iowa DOT which would cause any of these parties to be in violation of FTA terms and conditions. ***Non-Collusion Bidding Certification: Not Applicable per FTA c.4220.1E, because this 28E agreement is to purchase service from another governmental entity. Prohibited Interest: No member of, or delegate to, the Iowa State Legislature or the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom. No member, officer, or employee of the Transit Agency during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in a contract or proceeds resulting from this solicitation. Certificate of Compliance: Each Contractor must submit a properly prepared and signed Certificate of Compliance with Federal and this Solicitation's Requirements. Signing the form obligates the vendor to all requirements of this solicitation and constitutes the vendors assurance that it has the capacity and intent to deliver the services agreed upon or delineated as the scope of Contractor responsibilities in a manner that conforms with or exceeds federal and state standards and the transit agency's minimum requirements which are herein delineated or incorporated by reference into a Transit or Professional Services Agreement. Declaration of Project Federal Assistance, Payment for Services Federal assistance is anticipated to defray approximately 20% (but not greater than 80%) of the budgeted project costs of the work or item(s) being purchased. Federal assistance for the items being purchased cannot be reimbursed to the purchaser (Transit Agency) by the Iowa Department of Transportation or the Federal Transit Administration until such work /item is delivered, inspected, and accepted. Unless otherwise detailed in writing, payment for the item(s) purchased shall not be made to the Contractor until approximately 30-45 days after the date an items is accepted by the Purchaser's Project Manager/transit agency and concurrence is given, if such is required by the Iowa DOT as the grantee Protest of Solicitation Administration Any party may initiate a protest of these provisions or decisions made pursuant to them in accordance with the protest procedure issued as part of this solicitation. See Protest Provision Retention of Payment: A reasonable portion of the amounts payable may be retained to assure correction of service deficiencies and compliance with the provisions of the Transit or Professional Services Contract jointly executed by the Transit Agency and the Contractor. The Contractor shall be informed in writing of all such items failing to meet provisions agreed upon and the amount retained for each item. 12 14 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION N0. 08-220 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code § 364.13B authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and -time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the final assessment schedule pursuant to Iowa Code § 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on August 22, 2008. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until August 22, 2008 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Resolution No. 08-220 Page 2 The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final assessment schedule. Passed and approved this 15th day of ATTEST: ..u.tt-~ City Cle k It was moved by Hayek and seconded by adopted, and upon roll call there was: AYES: x ~_ x x x x x 2008. 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O r D{(/~A N N ZJ OA flo W O:U G~~ 5 Z= OOP+{ D ~ OOQ°~ D W a1 Z DDD T.m " ~p ~m T, N v0 ~~ iIO ~ I 2~py itp ~ f =-m-IOy 3 OT. ~~ ;il < (~~ ~O 00 m ~ ~ () 2z-DI~ (j 2Z-Di~ D ~ c?~ 2 Z ~v a ~ N ~ m ~ ~ ~ y ~O O ~O ~~mD m~mD m z"i D y O r00 ~ ~T.O ~ t~.>D r W O.TpI~ r W O:U~ S Om~ D r ~ Z Z O Z~nNO D Zcn00 D ~ r O O O ~ ~ ~ _ O ~ w yT.rp ~cn0-{ 0 cn~ ~tn0~ ~ ~ J O Z A A C A O N N W 8P O V N W N O O ~ N O W O ~ N O W O OJ N pO O O A ~ 0 V O ~ V O 0O O Ol O ~O N W V O O ~ O W O O ~ m V pO O N t0 OVD O O N t0 OVD O O ~ N N O O ~ W ~ O O p~p A (O1~ O O N -~ Obi O O ~ O ~ ~ C C ~ O ~ m ~ m ~ m O O Z Z m m Z Z D D m ~ r r ~ m T N T N Z m O Z N N 00 C C DD N j{ A O O ~ m ?? zz Z c c ~ ~~ ~ < m ~z 5 to cAn z vAi z m r ~ ~ ~ ~ mm °' m A~ ~ m n m ~ D j~ m m m m z r D z D m N N ~ r n n 2 Z N Z 2 Z 2 Z Z ~ ~ ~ ~ ~ ~ ~ ~ m m ~ m m m m m m O O x O O O O O O r r m v D r r r r r r A ~, N '~' N N A N ~ N N N O N ~ N W N m N O N t0 N OOD S V OOD W OV W ~ OOC fA O O di pN O N O N N W O (A N O fR N O (A N O fR N O ~ N S A m (O/~ ~ N + W OD N V ~ t0 W N O OWD t0 (A!~ fA O S Vi (N/i S 6A ~ N (A W O d1 N S fA fNJ~ S fA N O N~ (Nip O ~ (On O ~ N W ~ N A i 00 V ~ O V c WC G m t0 = O ~ tp O ~ O N D ~ V ~ ~ T -+ ~ < D A N W y = (7 ~ . O C "' ~ ~ ° vmi < o A < Z m cn ~ ~ N m D z m ~ m m ~ m ~ Z Z~ Of 2 ~y~ D~ Q~ A ~°--/`w ~ O 7C~ Z y W ~Ae D O Orn ~~ ~m O N (T Zp~ ~ Oi w t t < N Z m A Vl A~~ ~ n~ N~ ~~ [J D _I A Z ~ O 0 T W ° 7C w m J N m 0 ~ ~ 0 ~ D m p w 4~ O~ Z m 0 ~ X< 2 iZ Z o ~ ~a~Z m xm~ v ~2 (n v~ Aw <nu ° ~ cn !?'c b y0o D ~ ~ A 1Z - ~ On o ~ ~ ' w~A ~ O~~p o ~ itn c G~mc~ m ~ OG) o mY' m ~ D nor O TOmr zw O NND ~D- D m~ m G~~z ~, ~ vo -1~~ n~nO r ~N ~ OO y0 O ° ~ m m? ~ N A R Z r m s L>i~ ~ v A ~ o n O mm O O A N S O ~ m O V O ~ OND ° Of O {(pl~~ W O O N SO O A N W -W+ O N O A A ° W O ~ O ~ H ~ O O (W( p O S (A W O O H N O O (A O O O iR V O O N A O O (A O O O ~ 2 2 2 ¢o ~ r n N ~ C Z 11 ~ ~ ~ A _-I m m z D Z Z Z Z ~ D ~ D N ~ D 2 ~ Z Z 2 n < ~ p D m A 2 ~ ~ m A O Z D N D ~ ~ n 3 L O O o O O ~ O ~ O ~ ~ m o ~ ~ ~ ~ ~ ~ ~ m m m m O p O Dr O O r r r r N ~ ~ N ~ ~ '' N `J N A N A N ~ N N N (\ N O N A N S 8 ~ ~ ~ ~ ~ 8 fA O fA fD Vi ? (A O ~ O N ODD 6A9 A N N S O O O O . O O S O f~D A S A S IWO ~ V fmp ~ W t0 f~0 N H O fR (OD fp_A P FR O ~ O Vf Oho (yA A VI N O O O S O O S O 9 N N qN N a V N W O O A N m V A ~ D = ~ -< m A O ~ Z ~1 O ~ 0 D Z ~ O z G m n N ~ N N W O rn ~ O ~ y N _ p~p T. ~ (71 pp OA NN °-O zx ~ m~ z~ v Jz -+~ m o ~ w ~ r O O O OO O H ~ Z ~ D _ ~ r 7 C ~ O Z N ~ iO n O D o o o _ O N W _ A OAD (NJ~ V o O O O O W Iq (A H r ~I IJN Oc 0 0 $ o $ a m m z m m ~ r m A - m ~ ~ m ~ m m - n m A _ O z Z Z < < < G << G m m m O O O D D D r r r N ~ N A _ V O N N 8 O OOo V V O fA H N N fA N i U t T O p O O W O N O N O D O i N V1 N N N aD N (!~ N O O G O O O v 0 a a a 0 W m N N N N A 6 ~ r July 9, 2008 Dear Property Owner: EXHIBIT "B" ~ni,~~' ~ ~ ~~~~~ ~t.if~_ C[TY OF IOWA GTY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319j 356-5009 fAX www.icgov.org This is to notify you that the City Council will be considering a resolution on July 15, 2008 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill(s). If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of 8:00 a.m. and 5:00 p.m. If property is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact the City Accounting Division at 356- 5083. Sincerely, Marian K. Karr City Clerk Enc. Copy to: Accounting Division (electronically) W m O c N O ~ W ~ W ~ ' J ~~ ~y ~~ Oo D O~ Z ~ 0 O~ 0 _A O A O O N fA W J J O O O r D pc Op c~ x ~ ~ ~ D z D 7c O A D N Z <O G A 3 O D r N O v+ O O O J O O O W V m O c 0 W O ~ ~ W W j r O r O f0 ~ N ~ N W N O O m n ~ O ~? ~ ~ ~ z ~ n r m 0 Z ~ N ~ ~ p r o O 0 0 J ' V V O O O x x ~ ~ ~ ~ W W ~ W Wr N N W W O O T O O T VO Q~ pp~~ A CIO N^ . ( n N W ~ i N W - O O r W z ~ =, <mp+m ~ ~ ~ ~ D W? 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