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HomeMy WebLinkAbout2008-10-21 Resolution~!~ 5c8 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. OS-308 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided bylaw is hereby granted to the following named person and at the following described locations upon 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: Industry - 211 Iowa Avenue Passed and approved this 21st day of ct er , 20~~. MA Approv y ATTEST: , ~ ~,,,~/ / 2~/ ~~~'a~2rv CIT ERK City Attorney's Office i a ~ >~s ~ It was moved by wri~ht and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion g Correia x Hayek x O'Donnell _~ Wilburn X Wright ~~ 5c9 Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO 08-309 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Sauce - 108 E. College Street Passed and approved this 21st day of October , 2008 R Appro by ATTEST: ~ ~ ~{.L/ CIT `CLERK vv'~~ cu2'2~/ ~~~J ity Attorney's Office ~a/x7~7 Champion the It was moved by Wight and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion ~ Correia _ x Hayek x O'Donnell ~ Wilburn x Wright ~ ? ~ni~ ~ '~ ~R>aR~~ CITY OF IOWA CITY 5d1 MEMORANDUM DATE: October 14, 2008 TO: Mayor and City Council FROM: Kevin O'Malley, Finance Director RE: SENATE FILE 155 SF155 created a local government innovation fund to stimulate and encourage innovation in local government by providing moneys for grants to assist with the implementation of local governance and revenue models. To qualify for this funding, several cities must jointly cooperate to form a community wide area. A letter of intent was filed proposing moving the annual city budget and any amendments, the annual financial report and the annual street financial report to a web-based application. The most significant benefits of the proposal include, but are not limited to, being able to utilize a single portal to access the various reporting requirements, having a common look and feel to the various applications and the ability to have numerous data fields pre-filled. An application, with a November 1, 2008 due date, must include letters of commitment from the city councils of the various supporting cities. Saf155.DOC Local Government Innovation Fund Letter of Intent to Apply September 10, 2008 The City Finance Committee and Department of Management jointly submit this letter of intent to apply for a grant from the Local Government Innovation Fund. The City Finance Committee, Iowa League of Cities, Iowa Association of Counties, The Iowa Department of Management, Department of Transportation, the Offices of the Auditor of State and Treasure, and the cities within Iowa intend to apply for a grant to develop a statewide Internet based financial reporting system. The application will address three categories. The financial system will eliminate duplication of government administration (category 3) and will allow local governments to provide reporting services more efficiently while eliminating duplicate reporting to multiple agencies. The system will increase the reporting quality resulting in greater value from the expenditure of local government resources (category 4). Lastly, the project will also develop stronger state and local partnerships to provide increased quality and efficiency (category 5). The financial system will allow for the completion of annual road report, annual financial report, and annual budget into an online web based system. All duplicate data between the three reports will be populated by the system. Property valuations previously distributed by county auditors to cities for computing property tax rates will be prefilled into the budget. The budget and other reports will be available to residents on both a state website and city website if one exists. The grant application will be used for training, program development, programming, and implementation costs. Co-applicants City Finance Committee & Department of Management Cindy Kendall, Chair, Steve Ford, City Budget Director Department of Management State Capitol Building Des Moines, IA 50319 ~~~~ Prepared by: Kevin O'Malley, Director of Finance, 410 E. Washington, Iowa City, IA 52240, 319-356-5053 RESOLUTION NO. 08-310 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO SUBMIT A LETTER OF COMMITMENT TO THE CITY FINANCE COMMITTEE FOR THE CITY OF IOWA CITY TO PARTICIPATE IN A WEB-BASED APPLICATION FOR REPORTING AS OUTLINED IN SENATE FILE 155. WHEREAS, the State of Iowa City Finance Committee has determined a need for astate-wide Internet reporting system for cities; and WHEREAS, SF 155 created a local government innovation fund to stimulate and encourage local government by providing moneys for grants to assist in the implementation of local governance and revenue models; and WHEREAS, the City Finance Committee and Department of Management have jointly submitted a letter of intent to the Local Government Innovation Fund proposing an Internet reporting system for cities; and WHEREAS, the City Finance Committee must include with its grant application letters of intent from various-sized cities indicating their willingness to participate in the implementation of such a program; THEREFORE, BE IT RESOLVED that the City of Iowa City commits to participate (contingent upon receipt of grant funding) in the planning, design, and testing of a web-based application for reporting, and hereby authorizes its Mayor to execute and submit its letter of commitment to the City Finance Committee. Passed and approved this 21st day of ATTEST: ~~c.J ~~ CITY ERK City Attorney's Office •rr..,..,....~ ~~%g Resolution No. Page 2 08-310 It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~ Bailey _ x Champion x Correia g Hayek x O'Donnell x Wilburn x Wright fi nadm\res\sf 155. doc "~ sa 2 Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 08-311 RESOLUTION ACCEPTING THE WORK FOR THE TRAFFIC SIGNAL INTERCONNECT [STP-A-3715(631)--86-52] PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Traffic Signal Interconnect [STP-A-3715(631)--86-52], as included in a contract between the City of Iowa City and KWS, Inc. of Cedar Falls, Iowa, dated November 21, 2006, 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 $374,797.52. 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 21st day of oct ATTEST: ~ 1 ,-c~ CITY RK 20 08 Approved by - . ~~~ City Attorney's Office tv~/y~v~ It was moved by Wright and seconded by Champion 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 Pweng/masters/acptwork.doc 10/08 M-~ ~ o-z~ -os 5d 3 Prepared by: Sarah Okerlund, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 08-312 RESOLUTION ACCEPTING THE WORK FOR THE OLD HIGHWAY 218 WATER MAIN EXTENSION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Old Highway 218 Water Main Extension Project, as included in a contract between the City of Iowa City and Tschiggfrie Excavating Co. of Dubuque, Iowa dated October 25, 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 $441,441.08. 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 21st day of 20 Og . ATTEST: ~c.~ ~ 7~-Ut~ ~~' CITY RK City Attorney's Office 1~~7y/v8- It was moved by Wright and seconded by Champion. the Resolution be adopted, and upon roll call there were: AYES: ~- x x X x x x Pweng/res/acptwork-OldFiwy118W M.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ~ sd a Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 08-313 RESOLUTION ACCEPTING THE WORK FOR THE MORMON TREK BOULEVARD EXTENSION - WILLOW CREEK TO OLD HIGHWAY 218 PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Mormon Trek Boulevard Extension-Willow Creek to Old Highway 218, as included in a contract between the City of Iowa City and Iowa Bridge and Culvert, L.C. of Washington, Iowa, dated February 13, 2006, 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 $3,607,765.28 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 21st day of ATTEST: CITY ERK 208_. 8' It was moved by Wright and seconded by Chamyion the Resolution be adopted, and upon roll call there were: AYES: _~ X X _~ x x Pweng/res/mormontrek-willow-acptwork.doc 10/08 NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ~ ~. Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 RESOLUTION NO. RESOLU ION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE CENTRAL (STRICT PLAN. WHEREAS, the Iowa ity Comprehensive Plan, consisting of specific District components, serves as a land use a d planning policy guide setting forth a vision, goals and`objectives for future development or r evelopment throughout the city and for preserving`waluable assets already present within es blished neighborhoods and by providing notifiEbtion to the public regarding intended uses o nd; and WHEREAS, the goals and obctives included in the Central Distri~ Plan were developed with significant public input gathered;through aseries of public work~°~iops and focus group sessions that took place over the course twelve months; and ,,~~° ~~~ WHEREAS, the Central District Plan establishes a set of anning principles, goals and objectives, and plan maps that relate specifically to the istory and existing conditions of the Central District and establish a visiori~for the future of a neighborhoods and commercial areas within the district; and ,A WHEREAS, the Central District Plan sets forth a planning principles, goals, objectives, and plan maps for housing and neighborhood u y of life, transportation and streets, parks and open space, and commercial areas that wi erve as a framework to guide future public and private investment in a manner that will b it citizens living or working in the Central District as well as citizens in Iowa City as a whole; nd WHEREAS, the Planning and Zoni has recommended that it be includ NOW, THEREFORE, BE IT R CITY, IOWA, THAT: The Iowa City Com Passed and approved th to include the Central District Plan. Plan is hereby a n ommiss r as an inte LVED BY THE day of , Mayor ATTEST: City Approved by: City Attorney's Office has reviewed the Central District Plan and I part of the Iowa City Comprehensive Plan. COUNCIL OF THE CITY OF IOWA ~~~~ ~~. ~ n~~ Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 RESOLUTION NO. RESOLUTION AMENDING THE COMPREHENSIVE PLAN, TO INCLUDE THE CENTRAL DISTRICT PLAN AS RECOMMENDED BY THE IOWA CITY PLANNING AND ZONING COMMISSION ON EPTEMBER 18, 2008. WHEREA ,the Iowa City Comprehensive Plan, consisting of specific District components, ewes as a land-use planning guid by outlining the location of particular land uses throu hout the City, and also provide notification to the public regarding intended uses of nd; and WHEREAS, the goals nd objectives inclu din the Central District Plan were developed with significa t public input gat ered through a series of public workshops and focus group sessions hat took plac over the source of twelve months; and WHEREAS, the Central Distr t Plan a tablishes a set of planning principles and plan maps that relate specifically to e hi ory and existing conditions of the Central District, the boundaries of which are defi ed n the Iowa City Comprehensive Plan; and WHEREAS, the Central District P sets forth the planning principles and plan maps for land use, parks and open space bike facilities, and commercial areas that will serve as a framework to guide future de lopm t decisions in a manner that will benefit citizens living or working in the Centra istrict a well as citizens in Iowa City as a whole; and WHEREAS, the Planning a Zoning Com fission has reviewed the Central District Plan and has recommended tha it be included as n integral part of the Iowa City Comprehensive Plan. NOW, THEREFORE, B IT RESOLVED BY TH CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, TH T: The Iowa City Compr ensive Plan is hereby amend to include the Central District Plan as dated Octob r ?, 2008. Passed and appr ed this day of , 2008. Mayor ATTEST: City Clerk Approved by: I '~ l City Attorney's Office U ~.~_ ~r Prepared by: Sarah Walz, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5239 RESOLUTION NO. 08-~1~+ RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO INCLUDE THE CENTRAL DISTRICT PLAN. WHEREAS, the Iowa City Comprehensive Plan, consisting of specific District components, serves as a land use and planning policy guide setting forth a vision, goals and objectives for future development or redevelopment throughout the city and for preserving valuable assets already present within established neighborhoods and by providing notification to the public regarding intended uses of land; and WHEREAS, the goals and objectives included in the Central District Plan were developed with significant public input gathered through a series of public workshops and focus group sessions that took place over the course of twelve months; and WHEREAS, the Central District Plan establishes a set of planning principles, goals and objectives, and plan maps that relate specifically to the history and existing conditions of the Central District and establish a vision for the future of the neighborhoods and commercial areas within the district; and WHEREAS, the Central District Plan sets forth the planning principles, goals, objectives, and plan maps for housing and neighborhood quality of life, transportation and streets, parks and open space, and commercial areas that will serve as a framework to guide future public and private investment in a manner that will benefit citizens living or working in the Central District as well as citizens in Iowa City as a whole; and WHEREAS, the Planning and Zoning Commission has reviewed the Central District Plan and has recommended that it be included as an integral part of the Iowa City Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Iowa City Comprehensive Plan is hereby amended to include the Central District Plan. Passed and approved this 21st day of October , 2008. a r ATTEST: ~• City Ap oved by: City Attorney's Office i~;~9l0 ~ Resolution No. 08-314 Page 2 It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: NAYS: ~- x x X x X X O'Donnel ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdata/glossary/resolution-ic.doc Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 08-315 RESOLUTION APPROVING THE EXTERIOR DESIGN OF SLUMBERLAND FURNITURE, PEPPERWOOD PLAZA. WHEREAS, the applicant, Southgate Development ("Southgate"), has filed an application for design approval of the exterior design for a new entrance and front facade for Slumberland Furniture and for a portion of the commercial mall space adjacent to it at Pepperwood Plaza, hereinafter "Project"; and. WHEREAS, said application and final plans dated October 15, 2008 are on file in the Housing and Inspection Services Department; and WHEREAS, given that the Project consists of a change in the exterior design on a parcel of land that is part of the agreement between the owners and the City of Iowa City for tax Increment Financing and is subject to Title 14, Chapter 3, Article C entitled "Design Review" of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, on September 17, 2004, the staff Design Review Committee approved Southgate's application for exterior improvements at Pepperwood Plaza. Such approval and the plans approved are on file in the Housing and Inspection Services Department; and WHEREAS, the design review application for the Project and final plans dated October 15, 2008, have been reviewed by the Design Review Committee and, after a consensus vote, the Committee has determined that, although the design on its own has many good elements, it represents a significant shift from the design concept and elevations adopted by City Council with the original TIF agreement and the design approved by the Design Review Committee in 2004, in terms of building materials, color scheme and required architectural interest from Highway 6; and WHEREAS, the City Council finds compelling the desire of Southgate's tenant, Slumberland, to begin construction of the proposed design as soon as possible; and WHEREAS, Southgate has agreed to cooperate with the City in amending the TIF agreement to adopt a new design plan for Peppervvood Plaza and clarify the design criteria to be used in evaluating future applications; and WHEREAS, the City Council does not intend to approve future applications for design of the exterior at Pepperwood Plaza until the TIF agreement has been amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior for Slumberland Furniture and a portion of the commercial mall space adjacent to it at Pepperwood Plaza is approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. I Resolution No. 08-315 Page 2 Passed and approved this 21st day of October , 20 08 ATTEST: CIT RK Annen\forms\resexterior Design of slumberland.doc City Attorney's Office /~~~~ ~~ Resolution No. 08-315 Page 3 It was moved by Correia and seconded by Cha~ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey g Champion x Correia ~ Hayek _ X O'Donnell g Wilburn x Wright wpdata/glossary/resolution-ic.doc ~ s Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240 RESOLUTION NO. RESOLUTION DENYING THE EXTERIOR DESIGN OF SLUMBERLAND FURNITURE, PEPPERWOOD PLAZA WHEREAS, the appl ant, Southgate Development, has filed an application for design approval of the xterior design for a new entrance and front f ade for Slumberland Furniture a d for a portion of the commercial mall spa adjacent to it at Pepperwood Plaza, h reinafter "Project;" and WHEREAS, given that the p ject consists of a change in th exterior design on a parcel of land that is part of greement between the own rs and the City of Iowa City for Tax Increment Fin ncing and is subject to tle 14, Chapter 3, Article C entitled "Design Revie " of the City Code re firing the Design Review Committee to review and make a ecommendation the City Council regarding the design of the project; and WHEREAS, the design review applic tip October 15, 2008, a copy of which are Services Department, have been revie~r and, after a consensus vote, the Comm design on its own has many good ele ~ the design concept and elevations oK for~ie project and final plans dated fi . in the Housing and Inspection y the Design Review Committee has determined that, although the it represents a significant shift from agreement in terms of building m rials, co interest from Highway 6; and y City Council with the original TIF ~r scheme and required architectural WHEREAS, the design of th project with the ab ve stated conditions is found not to conform with all of th previous City Counci pproved requirements. NOW, THEREFORE, B IT RESOLVED BY THE CI Y COUNCIL OF THE CITY OF IOWA CITY, IOW HAT: 1. The design o the exterior for Slumberland Furnitu a and a portion of the commercial all space adjacent to it at Pepperwoo Plaza be denied unless Cit Council approves the design as a substit to for the original design c ncept; 2. The~ayor and City Clerk of the City of Iowa City, Iowa a1~e hereby aut razed and directed to certify this resolution; and 3. l~on this approval, necessary permits may be issued for the roject upon hall compliance with all applicable codes and ordinances. Passed and approved this day of 2008 MAYOR Prepared by Jann Ream, Code Enforcement Assistant, 410 E. Washington St., Iowa City, IA 52240 ATTEST. CITY CLERK Ap . oved by ,~ ~,~ ~ ~~~i~~ ~~ City Attorney's Office 1~~is/~~- ~~'~a/ '~~~ ~ affecting the validity of the Agreement or the Developer's ability to perform its obligations under this Agreement. (e) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State and federal laws and regulations. (f) The Developer will use their best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with the Project. (g) The Developer has not received any notice from any local, State or federal official that the activities of the Developer with respect to the Development Property may or will be in violation of any environmental law or regulation. The Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and the Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (h) The Developer will cooperate fully with the City in resolution of any traffic, parking, and trash removal or public safety problems that may arise in connection with the conctn~ctinn and [)p"eratinn nfthe l~Iinirni~;m Impmyementg_ (i) The Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. ARTICLE III. DEVELOPMENT AND OCCUPANCY REQUIREMENT Section 3.1. Minimum Improvements. The Developer agrees to complete Minimum Improvements generally consisting of improvements to f ve tracts of commercially zoned properties and related streetscape elements on the Development Property, all as more fully desczibed or~E~xhibit B hereto. The construction of the Minimum Improvements must increase the assessed value of the -6- Development Property by at least 15% over the assessed value on January 1, 2003, as of January 1, 2005. The Developer shall submit all exterior changes or new construction requiring a building permit for review and approval by the City Staff Design Review committee. Pursuant to this Development Agreement, the Developer shall submit a site plan for approval by the City Manager, or his/her designee, which provides landscaping and which defines the entryways and other related drive-through traffic patterns through the use of landscaping and other appropriate streetscape elements. The staff design committee will review the project using the criteria of Chapter 4, Article E. Design Review of the Unified Development Code, City of Iowa City within seven (7) working days of receipt of the design plans by the Director of Planning & Community Development. Additional criteria specific to this project includes, but is not limited to: 1) Pedestrian walkways should, to the extent possible, be separated from vehicular traffic through the use of trees, landscaping, raised curbs, and decorative pavers. 2} All parking islands should be curbed and landscaped with vegetation. 3) The presence of the building should be strengthened so that it is mare visible from Highway 6 through the use of color, contrast or other architectural elements. 4) The use of color, materials, mass, signage, lighting and other architectural features should enhance the retaiUcommercial environment and result in a more vibrant and visually attractive development. 5) Awnings and signage should be integrated into the overall design concept. 6} All vertical {roofl extensions and sign panels should have a finished appearance from all sides. 7) Materials used within five feet, measured vertically from grade, should be durable and resistant to damage. Exterior Insulation & Finish Systems (EIFS} is not recommended. Any proposed new construction on the Development Property shall be subject to approval by the Design Review committee before the issuance of any building permit. Section 3.2. Certificate of Completion. Upon written request of the Developer after issuance of an occupancy permit for the Minimum Improvements, the City will furnish the Developer with a Certificate of Completion for such portion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a~ conclusive determination of satisfactory termination of the covenants and conditions of this -7- EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of improvements to the existing five tracts of commercially zoned properties and related street and pedestrian improvements within the Development Property as defined in Exhibit A. Said Minimum Improvements, as generally referenced by the site plan dated August 4, 2003, and attached hereto, are subject to applicable perms n pprovals. These improvements shad include, but not be limited to, clear pedestrian access from the north/south and east/west entry points that allow a physical separation between pedestrian and auto traffic, a pedestrian access on the south of the Development Property providing access to Cross Park Avenue and a bus shelter and related improvements to facilitate a bus route through the Development Property. Said Minimum Improvements must result in an increase in actual assessed value of the Development Property of at least fifteen (1 S) percent as of the first year for which an Economic Development Grant is received, together with any new construction located on the Development Property. B-1 u n n n u ~ a _ ~ _____ ,N ~ .~ • ~ n ~~~ ~~'~ ~~ i ~ t~ ~ ~ ~~~ V~ i i t i ~ ~~ i i ~ i i i i ~ ~~ ~~~~~! i i j i I E • ~ `~~~~ ~ . i _ y ~1 \ ` \ \\ S ~ w , . ~: ~ ~ ~ ~~ .~ ! ~ ~ ~` ~ , ;~ ~ ~ . ~ r !~ . ,. ~ ~~ ~~ ~ ;~ ~ i ~ t1S FIVYY 6 ACCESS - PEPPERVYOOD Pu~ZA `S~•Hwrt'Emr :.C ~ ~ pMghlE OEV~C~ wr=wrr~w~•orw~ '~ / ~:.,.. CITY OF IOWA CITY MEMORANDUM To: City Council From: Staff Design Review Committee Date: 10/21 /2008 Re: Design Review of Pepperwood Plaza / Slumberland We would like to provide some history and context to the Design Review Committee's recommendation on your agenda this evening for the proposed fagade redesign at Pepperwood Plaza. In 2003, The City entered into a TIF agreement with Southgate Development Company for the redevelopment of Pepperwood Plaza. As a condition of that agreement, the Developer agreed that the Staff Design Review Committee (SDRC) would review the design of the project using the criteria of the Design Review chapter of City Code plus some additional criteria specifically delineated in the agreement. In relevant part, these approval criteria include the following: 3) The presence of the building should be strengthened so that it is more visible from Highway 6 through the use of color, contrast or other architectural elements. 4) The use of color, materials, mass, signage, lighting, and other architectural features should enhance the retail/commercial environment and result in a more vibrant and visually attractive development. 5) Awnings and signage should be integrated into the overall design concept. 7) Materials used within five feet, measured vertically from grade, should be durable and resistant to damage. Exterior Insulation and Finish Systems (EIFS) is not recommended. An exhibit was attached to the agreement showing a proposed site plan and conceptual building elevations that met these criteria. The agreement specified that any new construction on the property was subject to approval by the SDRC before the issuance of any building permit. In the fall of 2004, Southgate Development submitted an application for a building permit to implement the proposed building and site improvements according to the TIF agreement. These proposed building elevations and a design plan were submitted to the SDRC for review. The architects for the developer presented a large color rendering of the design plan as well as drawn elevations. After a few revisions, the committee approved the presented design and a building permit was issued in December of 2004 for the new exterior elevations. The approved elevations that were submitted with the building permit and the original approval letter are attached. Although the actual approved elevations did not exactly match the original concept elevations of the TIF agreement, SDRC felt that the substitutions and changes still met the spirit of the original design concept. For instance the red, blue and purple pylons were substituted for the red, blue and Page 2 purple focus walls of the original plan. Both plans specified the same materials and colors: metal panels, glass canopies, concrete walls and columns and bright primary colors. These elements were presented as a means of meeting the criteria to strengthen the presence of the building so that it is more visible from Highway 6 through the use of color, contrast and other architectural elements. In August of 2008, a proposed new entrance for Slumberland was presented to SDRC for review. The proposed landscape block planters were proposed as a substitute for the colored pylons. The new entrance would consist primarily of EIFS, which is a type of stucco. The color of the EFIS would be a sandstone/burgundy earth tone. While the colored focus walls of the original concept plan and then, subsequently, the brightly colored pylons met the approval criteria of the original TIF, SDRC does not feel that the earth tone EIFS and the low profile planters are consistent with the original design plan and approval criteria adopted with the TIF agreement. In addition, the newly proposed facade is a significant departure from the color scheme and buildings materials used on the rest of the building. Any new exterior design is required to meet the general Design Review guidelines that state the evaluation of the design should be based on the project's relationship to and compatibility with the defining characteristics of the building and in this case the approved TIF agreement. SDRC does not feel that the proposed color (earth tone burgundy/sandstone) and building materials (EIFS and landscaping block) are consistent with the rest of the building which consists of metal panels, concrete and glass and the use of bright red as an accent color. While the SDRC feels that the proposed changes to the Slumberland have some merit and will provide a more clearly defined entrance for the business, we did not have the authority to substitute this new design scheme for what the City Council approved with the TIF agreement and what was approved with the building permit in 2004 for which a certificate of completion was issued under the TIF agreement. Therefore, the, SDRC has submitted a recommendation for denial. It is our understanding that the Council could take one of the following actions at your meeting tonight: 1. Approve the resolution for denial, which would require the developer to go back to the drawing board and redesign. 2. Find that, contrary to the recommendation of the SDRC, the proposed changes to the building are consistent with the original TIF agreement and the design of the development approved in 2004 and make a motion to adopt an alternative resolution to approve the design as proposed; or 3. Defer the resolution and send the proposed design to the Economic Development Committee to consider amending the original TIF agreement and adopting a new design plan for this building. ~1 ~ -Q ,.~ CITY OF IOWA C/TY 17 September 2004 Terri Morrow and Glenn Siders Southgate Development Company 755 Mormon Trek Boulevard Iowa City, Iowa 52246 Eric Hendrickson and Brad Thomason Shive-Hattery, Inc. 2834 Nouthgate Drive Iowa City, Iowa 52245 Dear Ms. Morrow and Mssrs. Siders, Hendrickson and Thomason: Your application for the exterior improvements at Peppen~vood Plaza has been approved by Staff Design Review Committee. We find that the design of the exterior improvements, the consistency and repetition of site improvements across the entire tract, the landscaping, signs and other physical elements will meet the objectives stated within the Agreement for Private Redevelopment, which was signed by Southgate Development Company and the City of Iowa City. Our approval is based on our understanding that there will be: 1) an amenity area at the west end of the building, with a seating area and plantings; and 2} the concrete will be either textured or painted with a pattern that mimics the pylons and a composition that is consistent with pedestrian crossings, at the focal point where the two wings of the building meet. If you have questions about this decision, please contact Jann Ream at 356-5120. 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IA Z m ~ m Moline, IL • BloomingtoR IL • Chicago, IL ~ <npZ SOUTHGATE DEVELOPMENT CO. ~,,,~_„,,,Ep, PX ,„ o ~ ~ s a,, o..~:.o, D IOWA CITY, IOWA ~"` h se ii.-••~•+-~ ~~:+9' .y I ~ i LAYWAiEO CLASS CANOPY r r, ~'~N~~ ~, ~~ Prepared by: Sarah Holecek, 1St Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO 08-316 10 RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE LICENSE UPON A PEDESTRIAN ACCESS EASEMENT LOCATED AT 210 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City (City) currently owns a pedestrian access easement through the interior of the Sheraton Hotel building that is approximately twenty-five feet (25') wide and open twenty-four hours a day, seven days a week (24/7), as well as an exterior pedestrian access easement along the western wall of the building that is approximately twelve and one-half feet (12.5') wide; and WHEREAS, RBD Iowa City LLC, ("RBD") current owner of the Sheraton Hotel building, located at 210 South Dubuque Street, wishes to expand and enhance the hotel lobby as well as provide better security and climate control in the building; and WHEREAS, RBD has requested that CITY issue a license on a portion of the interior pedestrian access easement so that they are able to occupy 13' of the interior easement and restrict access over the entire interior easement between 11 p.m. and 6 a.m.; and WHEREAS, in exchange for this license on the interior easement, the Sheraton has agreed to pay 50% of the costs of improving the exterior pedestrian access easement that currently runs along the west side of its building; and WHEREAS, said improvement to the west exterior easement area shall include additional lighting, architectural features, way-finding signage and public art, which will enhance its attractiveness and public safety, and therefore said Agreement and license is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized to sign the attached Agreement for Walkway Improvements and Future License regarding the interior and exterior pedestrian access easements located at 210 S. Dubuque Street, Iowa City, Iowa. The Mayor and City Clerk are further authorized and directed to execute the license for the interior easement and any other documentation required under the terms of the Agreement upon direction of the City Attorney. 2. The City Clerk is directed to certify a copy of this resolution with the attached Agreement and to be recorded at RBD's expense. Upon execution of the license under the terms of the Agreement, the City Clerk is directed to record same at RBD's expense. and appro ed th' 21st day of October , 2008. c ~ ATTEST: ~ - -~ MAYOR ~ ,~ e CLERK s urrlc~~d _I~ Resolution No. 08-316 Page 2 It was moved by 0' Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _~ Bailey x Champion x Correia g Hayek ~- O'Donnell x Wilburn g Wright wpdata/glossary/resolution-ic.doc Prep'd by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240; 356-5030 AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE LICENSE UPON PEDESTRIAN ACCESS EASEMENT This Agreement ("Agreement") is entered into between RBD Iowa City LLC, a Delaware limited liability company, (hereinafter "RBD" and/or "Owner") and the City of Iowa City, an Iowa municipal corporation ("City"). WHEREAS, RBD is the current owner of the Sheraton. Hotel located at 210 Dubuque Street in downtown Iowa City, Iowa (the "Hotel"); and WHEREAS, in order to provide public pedestrian access between the Pedestrian Mall and Dubuque Street, there exists a certain Pedestrian Access Easement Agreement dated December 12, 1983, which is recorded at Book 726, Page 174, in the Recorder's Office of Johnson County, Iowa (the "Easement Agreement"), that grants the City (i) an interior pedestrian access easement through the interior of the Hotel that is approximately twenty-five feet (25') wide and is open twenty-four hours a day, seven days a week (24/7) (the "Interior Easement") and (ii) an exterior public pedestrian access easement along the western wall of the Hotel that is approximately twelve and one-half feet (12.5') wide and is open twenty-four hours a day, seven days a week (24/7) (the "Exterior Easement"); and WHEREAS, RBD desires to make certain improvements to the Hotel, including but not limited to the expansion and enhancement of the lobby and the improvement of security and climate control (collectively, the "Improvements"), and to that end, requests that the City agree to issue a revocable license (the "License') which allows the Hotel to occupy a portion of the Interior Easement, effectively reduces the width of the Interior Easement from its present width to approximately twelve feet (12') and allows the Hotel to close access through the Interior Easement between the hours of 11:00 p.m. and 6:00 a.m.; and WHEREAS, in exchange for the City's agreement to issue the License, Owner will make the Improvements to the Hotel, including but not limited to the area of the Interior Easement that is subject to the License, and participate with the City in the design of improvements to the Exterior Easement and fund, along with the City, a portion of the cost of making such improvements to the Exterior Easement; and WHEREAS, the parties to this Agreement desire to memorialize their agreement regarding their respective responsibilities and duties for the design and construction of the improvements to the Exterior Easement and the issuance of the License. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Licensing of Portion of Interior Easement. Upon substantial completion of the improvements to the Exterior Easement as set forth in Section 3 hereof, the City will issue the License. The License shall be in the form as set forth on Exhibit "A", "License Agreement", attached hereto and incorporated herein. Except as set forth in this Agreement, the City will retain all other rights and interest in the Interior Easement per the terms set forth in the Easement Agreement. For the purposes of this Agreement, "substantial completion' shall mean that the improvements to the Exterior Easement are sufficiently completed such that they can be used by the public for their intended purpose without compromising public access or safety. 2. Authority to Temporarily Occupy Interior Easement Prior to Execution of License: Upon the execution of this Agreement by the parties, Owner may temporarily utilize the portion of the Interior Easement to be occupied by the Hotel pursuant to the License for the purposes of commencing the Improvements; provided, however, that in the event improvements to the Exterior Easement are not substantially completed in accordance with Section 3 herein, the City shall have the right to enforce all of its rights to the Interior Easement as provided in the Easement Agreement, including, but not limited to, the right to require Owner to remove any and all improvements within the Interior Easement that, in the City's sole determination, interfere with those rights, and the City may reoccupy the portion of the Interior Easement temporarily occupied by Owner. Should the City exercise its rights under the Easement Agreement by reason of Owner's failure to substantially complete the improvements to the Exterior Easement in accordance with Section 3, the costs of removing any and all improvements within the Interior Easement shall be the sole responsibility of and borne by Owner. During the period of temporary occupancy, Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of Owner's use and occupancy of the portion of the Interior Easement subject to the License. 3. Design, Construction and Cost Sharing of Improvements to and Public Art for Exterior Easement. The parties shall reasonably and in good faith cooperate, participate and agree to the design for the improvements to the Exterior Easement, which improvements shall include lighting, architectural features to emphasize the walkway, way-finding signage and public art (the "Exterior 2 Easement Improvements"), within ninety (90) days from the date Owner first submits proposed design plans for said improvements. The final Exterior Easement Improvements plan shall be approved by the City Council as well as any other City agency whose approval may be required prior to the issuance of a building permit and/ or commencement of construction of the Exterior Easement Improvements. The City Council shall approve the final plans and specifications for said Exterior Easement Improvements and advertise the final approved plan and specifications (the "Exterior Easement Improvements Plari') for public bid as required by Iowa Code Chapter 26. After acquisition and opening of bids, the parties shall agree to a budget for the construction of the Exterior Easement Improvements Plan, including but not limited to design costs (the "Approved Budget"). The City Manager, or designee, shall approve all change orders, if necessary, which approval shall not be unreasonably withheld or delayed. The parties agree to each pay fifty percent (50%) of the Approved Budget. The parties further agree to cooperate together in good faith to complete the Exterior Easement Improvements Plan as soon as is reasonably possible following the date of this Agreement but in no event later than eighteen (18) months following the date hereof (the "Outside Completion Date'), subject only to weather delays or other conditions or events not reasonably foreseen or within the control of the parties that may cause the date of completion to be extended beyond the Outside Completion Date. Owner shall have the right in its discretion to complete the Exterior Easement Improvements Plan in accordance with the Approved Budget, and upon substantial completion thereof as defined in Section 1 of this Agreement, the City shall execute the License. 4. Miscellaneous. A. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. B. Nothing contained in this Agreement shall be construed as creating or granting rights to any third party which is not a signatory to this Agreement. C. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral communications, understandings and agreements with respect to the subject matter hereof. It is expressly understood and agreed that this Agreement may not be altered, amended, modified or otherwise changed in any respect except in writing duly executed by authorized representatives of each of the parties. D. This Agreement shall be governed by the laws of the State of Iowa. 3 S'~ Dated this ~~ day of October 2008. RBD IOWA CITY LLC. a Delaware limited liability company CITY OF IOWA CITY, IOWA By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member By: DIG Iowa City LLC, a Delaware limited liability company, its Manager By: . Bailey, Mayor Attest: ~ ~- ~ ~ - Marian K. Karr, City Clerk By: ~ ~ ~ Jo A Belden, President CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) .~r- On this al day of October, 2008, before me, the undersigned, a Notary Public in and for the above-named 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, for the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~d~ ~~,~~ ,~"~ SONDf;AE FORT Z ~~. Commission Number 159791 Notary Public in and for the My Commission Expires State Of Iowa ~ 3 7 4 RBD IOWA CITY LLC. ACKNOWLEDGEMENT STATE OF TENNESSEE ) )ss: COUNTY OF SHELBY ) On this ~. ~ day of October, 2008, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared John A. Belden, to me personally known, who being by me duly sworn, did say that he is the President of RBD IOWA CITY LLC., executing the within and foregoing instrument by authority of RBD IOWA CITY LLC and that the said John A. Belden acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it and by him voluntarily executed. 5 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 Doc ID: 021716130007 Type: QE Kind: AGREEMENT Recorded: !2/30/2009 at 10:57:28 AM Fee Amt: $39.00 Paae i of 7 Johnson County Iowa Kim Painter County Recorder BK4543P~827-833 STATE OF IOWA ) SS COUNTY OF JOHNSON ) ~ r l ~~ ~, ,~ , ,,ter ~ ~ ~~~~~ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org On the 21St day of October, 2008, Exhibit A was approved by Resolution 08-316, and previously recorded unsigned in Book 4360, Pages 382-395 on October 24, 2008. I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that the attached Exhibit A is now fully executed for recording. Dated at Iowa City, Iowa, this 28th day of December 2009. Maria ~K. Karr City Clerk \material CORPORgrE $~qL EXHIBIT " A" LICENSE AGREEMENT FOR THE TEMPNO~ITY IOWA AND RBDTIOWA CCTiY LLC EASEMENT BETWEEN THE CITY OF IO This Agreement ("Agreement"} is entered into between RBD Iowa City LLC, a Delaware limited liability company, (hereinafter)"RBD" and/or "Owner") and the City of Iowa City, an Iowa municipal cvrporahon (C ty ). WHEREAS, RBD is the current owner of the Sheraton Hotel located at 210 Dubuque Street in downtown Iowa City, Iowa (the "Hotel"); and yVl-IEREAS, in order to provide publicin PedestrianCAcceseEasement Agreemeant Mall and Dubuque Street, there exists a certa dated December 12, 1983, which is recorded at Boe~ment'Pa that7grants the Cityr(i) an Office of Johnson County, Iowa (the Easement Agr ) interior pedestrian access easement ~' nd is o enitwenty-four hoursia day seven approximately twenty-five feet (25) wide p days a week (24/~ (the "Interior Easement") and (ii) an exterior public pedestrian access easement along the western wall of the Hourl h urssa day,xse enld~ela week one-half feet (12.5') wide and is open twenty (24/7) (the Exterior Easement"); and " ake certain improvements to the Hotel, including WHEREAS, RBD desires to m but not limited to the expansion and enhancement Imthroloements")t and to thate end, security and climate control (collectively, the p requests that the City agree to issue a rev~cule liaensoe toionr ofpthe InterioreEasement, Agreement which allows the Hotel to py p effectively reduces the width of the Interle Hotel to close a ess~through the Interioor approximately twelve feet (12') and allows th Easement between the hours of 11:00 p.m. and 6:00 a.m.; and WHEREAS, the parties to this tr$r a d dutiesi underna license agreement forlthe regarding their respective responslbil temporary use of a portion of the Interior Easement. NOW, THEREFORE, IN CONSIDERATION OF H R N~ITA S CAOGREEDN AS CONDITIONS AND WARRANTIES CONTAINED FOLLOWS: 6 1. The City hereby issues a temporary license for a portion of the Interior Easement, thereby effectively reducing the width of the remaining easement area to approximately twelve feet (12'}, as depicted on Exhibit "A", attached hereto and incorporated herein (the "Licensed Interior Easement"). This license also alters the Owner's obligation to provide pedestrian access through the Interior Easement on atwenty-four hour, seven days a week (24/7} basis and allows the Owner to control access aver the entire Interior Easement between the hours of 11 p.m. and 6 a.m., seven days a week. The City hereby retains all other rights and interest in the Interior Easement as per the terms set forth in the Easement Agreement. The Parties expressly agree and acknowledge that this License Agreement shall not, by operation of the doctrine of merger or any other theory, permanently reduce or alter the City's rights and interests in the Interior Easement as set forth in the Easement Agreement. 2. Notwithstanding the above, the Owner agrees to cease and desist its use, occupancy and control over any portion or all of the Licensed Interior Easement and to remove any and all improvements, obstructions or debris from the Licensed Interior Easement upon the occurrence of any one of the following events and the determination by the City that, as a result thereof, the License shall be revoked in whole or in part: a. Owner or any successor undertakes a major redevelopment of the Hotel, whether or not such major redevelopment is at the Ownefs sole discretion or the result of the damage or destruction of the Hotel by fire, explosion, act of God, or public enemy; for the purposes of this Agreement, "major redevelopment" shall mean a project in which all or substantially all of the existing Hotel is demolished and re-built over a consecutive three (3) year period from the time the first building permit is issued. For the purposes of this Agreement, "substantially all of the existing hotel" shall mean the demolition and rebuilding of seventy-five percent (75°~) yr more of the existing physical structures at the time the first building permit is issued; or b. Owner or any successor decides in its sole discretion to convert the use of the Hotel to any principal use other than a hotel. In the event that any of the events described in paragraph 2 a. or b of this Agreement occur and the City determines that, as a result thereof, the License shall be revoked, in whole or in part, the City shall notify the Owner of such determination and the Owner shall be required to remove any and all improvements, obstructions or debris within the Licensed Interior Easement that, in the City's sole determination, interfere with the City's rights under the Easement Agreement anal the License (in the event the License is revoked in part 7 and not in whole). If Owner fails to remove any and all improvements, obstructions or debris from the Licensed Interior Easement as required in this paragraph, the City may remove such improvements, restore the area to its prior condition, and the cost thereof shall be billed to Owner for payment to City, Upon Owner's failure to pay said billing, the removal and restoration costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2007). 3. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions, occupancy and use of the Licensed Interior Easement, including those of its contractors, subcontractors, agents, employees and assigns. Owner further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Upon request, Owner shall furnish a certificate of insurance evidencing said valid insurance caverage to City, which certificate must be satisfactory to the City. 4. Owner and City agree that no property right is conferred by this License and grant of permission to occupy and use the Licensed Interior Easement as outlined in paragraph 1. 5. This Agreement shall constitute a covenant running with-the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties 6. This License Agreement for Temporary Use of a Pedestrian Access Easement shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this day of Signatures on fhe following page. 2008. 8 Dated this ~ day of 8ctober 200. RBD IOWA CITY LLC. a Delaware limited liability company By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member By: DIG Iowa City LLC, a Delaware limited liability company, its Manager By: ~ - ~~'~-_ J hn Belden, President C1TY OF IOWA CITY, IOWA n ,~ ' / _. ! -, By: ~ ~~~ ~ "~~- Rege a p Bailey, Mayor Attest: ,.~ ~ `~ t'iLt~~ Marian K, Ka ,City Clerk CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) CORPORATE SEq~ y/~'.C-'ZMJ fir` ` a~ o On this 2~~~ day of ~ehe~, 2A8B, before me, the undersigned, a Notary Public in and for the above-named 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 Qerk, respectively, for the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ ~ .V Notary blic in and r the State of Iowa ~~~~~ ~ 9 NOTARIAL SEq~, RBD IOWA CITY LLC. ACKNOWLEDGEMENT STATE OF TENNESSEE ) )ss~ COUNTY OF SHELBY ) On this~`~~r day of October, 2008, before me, the undersigned, a Notary Public in and for the above-named county and state, personally appeared John A. Belden, to me personally known, who being by me duly sworn, did say that he is the President of RBD IOWA CITY LLC, executing the within and foregoing instrument by authority of RBD IOWA CITY LLC and that the said John A. Belden acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it and by him voluntarily executed. ~ ~ ,~.. ~` Notary Public in and f e .." ~G ~"..Srl~p ~'~ 9t~Q-•~'' ... ?E`1~i State of Tennessee ~~~~~~ ~ ~ ~ ~•.~ ~..~~ ~~'BL1~+ ~ 10 -- ~1 - ~' ~~ ~. I ` _ I , ~ -'-~' ~ ~I i ~~ sea ~~ o x ~~ ~ ~ ~ ~~ ~ ~ z a i j l ~~${~ r~. t F f t ~~~~.~ ~ ( ~ l~g 1 ~~~~ s Sg~g ~~~ Y ~ ~ ~ ~~ ~~ ~ ~~~ % O ~ ~~ a~ ~~ ~~~ ~ ~~~ D ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ ~ y g p p ~gg ~ ~ ~ o ~ r~ ~~~$€ ~~~~@ 4~~~§~~~~ ~ ~ ® ~~ ~ Cal ~ ~ ~ ~ V m 0 ~ m ~ u~ - -~ O ~ ~ ~ ~ z D O ~ n - z ~ --~ r- -v ~ O ~ ~ `_ _ _ n ~ rn -~ -v ~0 ~ D o -~ < p m z m = z J 1 rn r ~ , ~ ~ ~5 ~ F; aa~"~E ~ Q g q ~zg ~ g ~ z O m ( ~ fl~~ i -1 ~ m ~ ~ ; s ~ ~ D LL ~ _ _ _ ~ m ~ o 999 O ~~ ~ ~ i ~ ~ ~~ i ~ - ~ (Z/~ 6 ~ S cn Z EXHIBIT "A" LIC SE AGREEMENT FOR THE TEMPORARY USE OF A PEDESTRIAN ACCESS EASEM T BETWEEN THE CITY OF IOWA CITY, IOWA AND RBD IOIf~ CITY lLC This Agreeme t ("Agreement") is entered into between RBD owa City LLC, a Delaware limite iability company, (hereinafter "RBD" and/or " ner') and the City of Iowa City, an Io municipal corporation ("City"). WHEREAS, RB is the current owner of the S eraton Hotel located at 210 Dubuque Street in downt wn Iowa City, Iowa (the "Ho 1");and WHEREAS, in order td rovide public pede ian access between the Pedestrian Mall and Dubuque Street, ther exists a certain P destrian Access Easement Agreement dated December 12, 1983, which 's recorded Book 726, Page 174, in the Recorder's Office of Johnson County, Iowa (th ""- - - " interior pedestrian access easeme approximately twenty-five feet (25') days a week (24/~ (the "Interior access easement along the western ~ one-half feet (12.5') wide and is o (24/7) (the "Exterior Easement"); ~ic ne t Agreement ), that grants the City (i) an ugh the interior of the Hotel that is and is open twenty-four hours a day, seven ent") and (ii) an exterior public pedestrian the Hotel that is approximately twelve and ~ty-four hours a day, seven days a week WHEREAS, RBD desire to make certain i provements to the Hotel, including but not limited to the expans' nand enhancement the lobby and the improvement of security and climate con 1 (collectively, the "Im rovements"), and to that end, requests that the City agr to issue a revocable licens over a portion of the Easement Agreement which allow the Hotel to occupy a portr n of the Interior Easement, effectively reduces th width of the Interior Easement rom its present width to approximately twelve eet (12') and allows the Hotel to close ccess through the Interior Easement between t hours of 11:00 p.m. and 6:00 a.m.; and WHEREAS the parties to this Agreement desire to memo ' lize their agreement regarding their r spective responsibilities and duties under a lice agreement for the temporary use a portion of the Interior Easement. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL OVENANTS, CONDITIO S AND WARRANTIES CONTAINED HEREIN, IT IS GREED AS 6 The City hereby issues a temporary license for a portion of the Interior Easement, thereby effectively reducing the width of the remaining easement area to proximately twelve feet (12'), as depicted on Exhibit "A", attached hereto and in orporated herein (the "Licensed Interior Easement"). This license also alters the Owner's obligation to provide pedestrian access through the Interior Ease nt on a twenty-four hour, seven days a week (24/7) basis and a11o s the Owner control access over the entire Interior Easement between th ours of 11 p.m. a d 6 a.m., seven days a week. The City hereby retains al ther rights and interes 'n the Interior Easement as per the terms set forth ' the Easement Agreement. he Parties expressly agree and acknowledg that this License Agreement sha not, by operation of the doctrine of merg or any other theory, permanently re ce or alter the City's rights and rests in the Interior Easement as set for in the Easement Agreement. 2. Notwithstanding the ove, the C7wner agre to cease and desist its use, occupancy and control o er any portion or al of the Licensed Interior Easement and to remove any and 11 improve Licensed Interior Easement pon the events and the determination by the shall be revoked in whole or in rt: / a. Owner or any successor u ta] whether or not such major deve c the result of the damage r destruc God, or public ene for the redevelopment" sha mean a prof ie ,obstructions or debris from the urrence of any one of the following ty that, as a result thereof, the License ~s a major redevelopment of the Hotel, ment is at the Owner's sole discretion or on of the Hotel by fire, explosion, act of urposes of this Agreement, "major :t 'n which all or substantially all of the existing Hotel is molished and re-b 'lt over a consecutive three (3) year period from the me the first building p mit is issued. For the purposes of this Agreeme "substantially all of th existing hotel" shall mean the demolition a d rebuilding of seventy-five ercent (75%) or more of the existing ph ical structures at the time the firs building permit is issued; or b. Owner o any successor decides in its sole discr tion to convert the use of the Hotel t any principal use other than a hotel. In the ent that any of the events described in para raph 2 a. or b of this Agree ent occur and the City determines that, as a res t thereof, the License shall a revoked, in whole or in part, the City shall noti the Owner of such det urination and the Owner shall be required to re ove any and all i rovements, obstructions or debris within the Licensed Inte 'or Easement that, the City's sole determination, interfere with the City's fights under the Easement Agreement and the License (in the event the License is evoked in part 7 and not in whole). If Owner fails to remove any and all improvements, obstructions or debris from the Licensed Interior Easement as required in this aragraph, the City may remove such improvements, restore the area to its prior c dition, and the cost thereof shall be billed to Owner for payment to City. Up Owner's failure to pay said billing, the removal and restoration costs shall be ce ' ied to Johnson County as a statutory lien and assessed against t proper and collected in the same manner as a property tax, as provi in Section 3 12(2)(e), Iowa Code (200. 3. Owner agrees o indemnify, defend and hold the City harmless ainst any and all claims for b 'ly injury, death or property damage arisin ut of its actions, occupancy and u of the Licensed Interior Easement, i uding those of its contractors, subcon ctors, agents, employees and as 'gns. Owner further agrees to carry Class liability insurance in the mini um amounts of $500,000 each occurrence, $1 mi 'on aggregate bodily inj ,and $250,000 aggregate property damage with co tractual liability cove ge included. Upon request, Owner shall furnish a certi "cafe of insurance evidencing said valid insurance coverage to City, which certifi to must be s sfactory to the City. 4. Owner and City agree that no p o~ grant of permission to occupy a outlined in paragraph 1. 5. This Agreement shall consti e a c binding upon and shall inu to the interest, and assigns of bo parties 6. This License Agri shall be recorded i Dated this day of right is conferred by this License and use the Licensed Interior Easement as nt running with the land, and shall be ~t of the respective heirs, successors in tt for Temporary Use ~pf a Pedestrian Access Easement Johnson County Record 's Office at Owner's expense. Signatures on the following page. 2008. 8 Dated this _ day of October 2008. RB IOWA CITY LLC. a Del are limited liability company By: RBD I WA CITY HOLDINGS LLC, a Delaware li 'ted liability company, its Sole Member By: DIG Iowa CLLC, a Delaware limited liability co any, its Manager By: John A. Belden, Pr is C STATE OF IOWA ) )ss: JOHNSON COUNTY ) CITY OF IOWA By: Regenia Mayor MayYan K. Karr, City Clerk On this day of tober, 2008, fore me, the undersigned, a Notary Public in and for the above-named unty and state, ersonally appeared Regenia D. Bailey and Marian K. Karr, to me pe sonally known, who ing by me duly sworn, did say that they are the Mayor and City erk, respectively, for a City of Iowa City, Iowa, executing the within and foregoin instrument; that the sea attached thereto is the seal of said corporation by auth rity of its City Council; and t the said Mayor and City Clerk acknowledged the xecution of said instrument to b the voluntary act and deed of said corporation, by it nd by them voluntarily executed. Notary Pu c in and for the State of Iowa IOWA 9 RBD IOWA CITY LLC. ACKNOWLEDGEMENT iTATE OF TENNESSEE ) )ss: ,~ NTY OF SHELBY ) this day of October, 2008, before me, the u dersigned, a Notary Public in peared ohn A. Belden, to me and fort above-Warned county and ~ tsw rn, didly y that he is the President of RBD personally own, who being by me d y IOWA CITY C, executing the within and forego' growled ed the execution of said IOWA CTI'Y LL and thant~hr actand ddeed ofseid limited liability company, by it and instrument to be e volu y by him voluntarily ecuted. No ry uPuP lic in and for the State of Tennessee 10 ~/~ Prep'd by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240; 356-5030 AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE RELEASE OF PEDESTRIAN ACCESS EASEMENT This Agreement ("Agreement") is entered into between RBD Iowa City LLC, a Delaware limited 'ability company, (hereinafter "RBD" and/or "Owner") and the City of Iowa City, an Io municipal corporation ("City"). RBis the current owner of thy'' Sheraton Hotel located at 210 WHEREAS, Dubuque Street in downtcawn Iowa City, Iowa (the "Motel"); and WHEREAS, in order t' provide public pe estrian access between the Pedestrian Mall and Dubuque Street, the e exists a certai edestrian Access Easement Agreement dated December 12, 1983, whi is recorded t Book 726, Page 174, in the Recorder's Office of Johnson County, Iowa ~Y~ an interior pedestrian access ea approximately twenty-five feet (25' days a week (24/ 7) (the "Interior access easement along the western one-half feet (12.5') wide and is c (24/7) (the "Exterior Easement"); a~ se ent Agreement"), that grants the City (i) t hrough the interior of the Hotel that is and is open twenty-four hours a day, seven ment") and (ii) an exterior public pedestrian of the Hotel that is approximately twelve and twenty-four hours a day, seven days a week WHEREAS, RBD desires o make cer in improvements to the Hotel, including but not limited to the expansio and enhance nt of the lobby and the improvement of security and climate contro (collectively, th "Improvements"), and to that end, requests that the City agree o amend the Easem t Agreement to reduce the width of the Interior Easement fro its present width to a proximately twelve feet (12') and allow the Hotel to close ccess through the Interio Easement between the hours of 11:00 p.m. and 6:00 a.m.; nd WHEREAS, in exchange for the City's agreeme to amend the Easement Agreement as set for in this Agreement, Owner will mak the Improvements to the Hotel, including bu not limited to the area that is released fro the Interior Easement, and participate wi the City in the design of improvements to t`he Exterior Easement and fund along w th the City a portion of the cost of making such improvements to the Exterior Easeme t; and WHEI~AS, the parties to this Agreement desire to memorialize their agreement regarding their respective responsibilities and duties for the design and construction of the improvements to the Exterior Easement and the amendment of the Easement Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Partial Release of Interior Easement. Upon completion of the improvements to the Exterior Easement as set forth in Section 3 hereof, the ,City will permanently release a portion of th ~ nterior Easement thereby redficing the width of the remaining easement ar a to approximately twelve feet (12') as depicted on Exhibit "A", attached ereto and incorporated hero (the "Amended Interior Easement"). In connecti with the foregoing, the~City will also release Owner's obligation to provide ped~gstrian access through~~he Amended Interior Easement between the hours of 11 p~xn. and 6 a.m. sevedays a week. The City will retain all other rights and interest`~in the Amended terior Easement as per the terms of the Interior Easement as set forth in the E ement Agreement. ~~' 2. Authority to Temporarily Qccupy In~ rior Easement Prior to Release: Upon the execution of this A reement by he parties, Owner may temporarily utilize g the area to be released from t e Interior Easement for the purposes of commencing the Improveme~ provided, however, that in the event improvements to the Exterior sement are not completed in accordance with Section 3 herein, the City sha ave the right to enforce all of its rights to the Interior Easement as provid in the Easement Agreement, including, but not limited to, the right to re uire ner to remove any and all improvements within the Interior Easem nt that, i the City's sole determination, interfere with those rights, and the C' may reo upy the portion of the Interior Easement temporarily occupied Owner. Sh ld the City exercise its rights under the Easement Agreeme by reason Owner's failure to complete the improvements to th xterior Easement accordance with Section 3, the costs of removing any and all improvements wi in the Interior Easement shall be the sole responsibility of and borne by Owner. 3. Design, Constr ction and Cost Sharing of I rovements to and Public Art for Exterior Ease ent. The parties shall reason ly and in good faith cooperate, participate a d agree to the design and budg t for the improvements to the Exterior Ea ement, which improvements shall `include lighting, architectural features to emphasize the walkway, way-finding` signage and public art (the "Exterior IEasement Improvements"), within ninety (90) days from the date Owner first submits proposed design plans and a budget for said improvements. The final Exterior Easement Improvements plan shall be approved by the City Council as well as any other City agency whose approval may be required prior to the issuance of a building permit and/ or commencement of construction of 2 the Exterior Easement Improvements. The City Council shall approve the final plans and specifications for said Exterior Easement Improvements and advertise said plans for public bid as required by Iowa Code Chapter 26. The City Manager, or designee, shall approve all change orders, if necessary, which approval shall not be unreasonably withheld or delayed. The parties agree to each pay fifty percent (50%) o the costs of the final approved Exterior Easement Improvements plans and s ecificiations, including but not limited to design costs, up to a maximum co tribution of One Hundred Fifty Thousand Dollars ($150,000) for each party. Th parties further agree to cooperate together in good faith to complete the Exterio Easement Improvements as soon: as is reasonably possible following the date o this Agreement but in no event:later than eighteen (18) months following the dat hereof (the Outside Completion Date"), subject only to weather delays or oth conditions 'or events not reasonably foreseen or within the control of the parti s that may cause the ~°date of completion to be extended beyond the Outside C pletion Date. Owner shall have the right in its discretion to complete the Exteri r Easement Improvements in accordance with the final approved plans, speci 'ciations and`~budget and upon completion thereof, the City shall permanentl release the portion of the Interior Easement as described in Section 1 of this Agree ent. ~~~~`~ 4. Miscellaneous. A. The provisions of this successors and assigns of the B. Nothing contained i granting rights to any third C. This Agr supersedes all understandings expressly unde amended, moth executed by auk D. This shall inure to the benefit of and bind the arties hereto. Agre ent shall be construed as creating or which i not a signatory to this Agreement. ant onstitutes the enti e agreement between the parties and r or contemporaneou written or oral communications, agreements with respe to the subject matter hereof. It is •d and agreed that this Agreement may not be altered, or otherwise changed in y respect except in writing duly :ed representatives of each f the parties. shall be governed by the Signatures on the following 3 of the State of Iowa. Dated this _ day of October 2008. RBD IOWA CITY LLC. a Delaware limited liability company By: RBD IOWA CITY HOLDINGS L C, a Delaware limited liability company, ' s Sole Member By: DIG Iowa City LLC, a Delaware limited liability company, its Manager By: John A. Belden, President CITY STATE OF IOWA ) )ss: JOHNSON COUNTY ) CITY OF IOWA CITY, IOWA By: Regenia D. Bailey, Mayor Attest: Marian K. Karr, City Clerk =" <~ f On this day of October, 2008, before e, and for the above-named county" and state, person Marian K. Karr, to me personally known, who being are the Mayor and City Clerh respectively, for the Ci within and foregoing inst~'izment; that the seal att the undersigned, a Notary Public in ly appeared Regenia D. Bailey and y me duly sworn, did say that they of Iowa City, Iowa, executing the a ed thereto is the seal of said corporation by authority,~~of its City Council; and that acknowledged the execu~Eion of said instrument to be tY corporation, by it and lay them voluntarily executed. said Mayor and City Clerk luntarv act and deed of said Notary Public in and for the State of Iowa 4 RBD IOWA CITY LLC. ACKNOWLEDGEMENT STATE OF TENNESSEE ) i )ss: COUNTY OF SHELBY ) On this day of October, ~ 008, before me, the undersigned, a Notary Public in and for the above-named county an state, personally appeared John A. Belden, to me personally known, who being by me d ly sworn, did say that he is the President of RBD IOWA CITY LLC., executing the withi and foregoing instrument by authority of RBD IOWA CITY LLC and that the said Joh A Belden acknowledged the execution of said instrument to be the voluntary act and d "ed of said limited liability company, by it and by him voluntarily executed. Notary Public in and for the State of Tennessee 5 ~_.-'-r.®~r CITY (~F ICJW~ CITY ~± ~m~~`~ ~ E~~ DATE: October 21, 2008 TO: City Council FROM: Sarah E. Holecek, First Assistant City Attorney ~~ RE: Sheraton Agreement for Walkway Improvements and Future License of Pedestrian Access Easement As you know, after a recommendation by the Economic Development Committee, staff and RBD Iowa City LLC, the owners of the downtown Sheraton Hotel, have been negotiating the terms of an Agreement under which the City will license thirteen feet (13') of an existing twenty-five foot (25') pedestrian access easement requiring access on a 24hr/7day basis through the interior of the Hotel in return for 50% cost participation in improvements to the exterior pedestrian easement. The most recent version of this agreement, the terms of which are agreed to by the owners, provides the following: • Upon substantial completion of the exterior improvements, the City will issue the owners a license over a portion of the interior easement, reducing its width to twelve feet (12'); under the terms of the license agreement, the City will also alter the Hotel's obligation to provide access on a 24hr/7 day basis, allowing the Hotel to control access between the hours of 11 p.m. and 6 a.m.; the license will be reviewable and revocable by the City upon the occurrence of either a substantial redevelopment of the property (defined as demolition and rebuilding of 75% or more of the existing structures, whether by disaster or decision) or a conversion of the property to a use other than a hotel; • Prior to the completion of the exterior easement improvements and issuance of the above license, the Hotel owners will be allowed to temporarily occupy the thirteen feet (13') of the interior easement to be licensed to improve and enhance the lobby, its security and climate control; in the event the exterior improvements are not completed, the City shall have the right to reoccupy the area and require the Hotel to remove any and all improvements within the easement at their cost; • The City and Hotel shall agree to the design and budget for improvements to the existing exterior easement, which shall include lighting, architectural features, wayfinding signage and public art; plans shall be approved by the City Council and each party shall contribute 50% of the costs of the exterior improvements under the agreed budget; upon approval of the plans and specifications, the project shall be publicly bid and construction shall be completed within eighteen (18) months of the agreement Cc: City Manager City Clerk City Attorney Jeff Davidson, Director, PCD Wendy Ford, Economic Development Coordinator Prep'd by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240; 356-5030 AGREEMENT FOR W AY IMPROVEMENTS AND ~STRIAN ACCESS EASEME This Agreement ("Afire ment") is entered into 1 Delaware limited liability comp ny, (hereinafter "RBD" of Iowa City, an Iowa municipal orporation ("City"). ~ LICENSE UPON 'n RBD Iowa City LLC, a or "Owner") and the City WHEREAS, RBD is the c rent owner of e Sheraton Hotel located at 210 Dubuque Street in downtown Iowa ity, Iowa (the 'Hotel"); and WHEREAS, in order to providl~ Mall and Dubuque Street, there exists` dated December 12, 1983, which is rep Office of Johnson County, Iowa (the "E interior pedestrian access easement approximately twenty-five feet (25') vv days a week (24/ 7) (the "Interior access easement along the western a one-half feet (12.5') wide and is peg (24/ 7) (the "Exterior Easement") • and public destrian access between the Pedestrian ~ certa' Pedestrian Access Easement Agreement : rd at Book 726, Page 174, in the Recorder's a ent Agreement"), that grants the City (i) an rough the interior of the Hotel that is 'de nd is open twenty-four hours a day, seven ;eme t") and (ii) an exterior public pedestrian ll oft e Hotel that is approximately twelve and ~ twen -four hours a day, seven days a week WHEREAS, RBD desir s to make certain provements to the Hotel, including but not limited to the expan on and enhancement f the lobby and the improvement of security and climate co of (collectively, the provements"), and to that end, requests that the City agr e to issue a revocable licen (the "License") which allows the Hotel to occupy a porti n of the Interior Easement, of ctively reduces the width of the Interior Easement fro its present width to approxima ely twelve feet (12') and allows the Hotel to close ac ess through the Interior Easement b tween the hours of 11:00 p.m. and 6:00 a.m.; and WHERE S, in exchange for the City's agreement to issue the License, Owner will make the mprovements to the Hotel, including but not 'mited to the area of the Interior Ease ent that is subject to the License, and particip e with the City in the design of i provements to the Exterior Easement and fund, ong with the City, a portion of e cost of making such improvements to the Exterior E ement; and HEREAS, the parties to this Agreement desire to memorialise their agreement regar ng their respective responsibilities and duties for the design an~ construction of the improvements to the Exterior Easement and the issuance of the Licens$; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Licensing of Portion f Interior Easement. Upon substantial completion of the improvements to the terior Easement as set forth in Section 3 hereof, the City will issue the License. he License shall be in the form as set forth on Exhibit "A", "License Agreemen ", attached hereto and incorporated rein. Except as set forth in this Agreemen the City will retain all other rights nd interest in the Interior Easement per the t rms set forth in the Easement greement. For the purposes of this Agreeme t, "substantial completion' shall mean that the improvements to the Exterior asement are sufficiently mpleted such that they can be used by the public fo their intended purp e without compromising public access or safety. 2. Authority to Temporarily Occu y License: Upon the execution of temporarily utilize the portion of Hotel pursuant to the License Improvements; provided, however, Exterior Easement are not substanti herein, the City shall have the ri Easement as provided in the E e to, the right to require Owner ore Interior Easement that, in t City rights, and the City may reoccu temporarily occupied by caner. S Easement Agreement by reason of improvements to the terior Easem removing any and improvement sole responsibility f and borne by occupancy, Own r agrees to inde against any and 11 claims for bodily of its actions d those of its contra assigns arisi gout of Owner's use Easements biect to the License. Interior Bement Prior to Execution of his Agre ent by the parties, Owner may e Inte or Easement to be occupied by the or the purposes of commencing the t at in the event improvements to the completed in accordance with Section 3 t t enforce all of its rights to the Interior men Agreement, including, but not limited move ny and all improvements within the 's sole determination, interfere with those py the ortion of the Interior Easement hould th City exercise its rights under the Owner's fa ure to substantially complete the ent in acco once with Section 3, the costs of s within th Interior Easement shall be the Owner. D ring the period of temporary mnify, defend and hold the City harmless injury, death o roperty damage arising out ctors, subcontrac ors, agents, employees and and occupancy o the portion of the Interior 3. Design, onstruction and Cost Sharing of Improvemen s to and Public Art for Exteri Easement. The parties shall reasonably and in good faith cooperate, parti pate and agree to the design for the improve nts to the Exterior Eas ment, which improvements shall include lighting, arc itectural features to 2 emphasize the walkway, way-finding signage and public art (the "Exterior Easement Improvements ), within ninety (90) days from the date Owner first submits proposed design plans for said improvements. The final Exterior Easement Improvements plan shall be approved by the City Council as weld' as any other City agenc .hose approval may be required prior to the issuance of a building permit and/ r commencement of construction of the Exterior E ement Improvements. The C y Council shall approve the final plans and spe ' ications for said Exterior Easem nt Improvements and advertise the final ap oved plan and specifications (the " xterior Easement Improvements Plari') fo public bid as required by Iowa Code hapter 26. After acquisition and ope ng of bids, the parties shall agree to a dget for the construction of the xterior Easement Improvements Plan, inclu ing but not limited to design c sts (the "Approved Budget"). The City Mana r, or designee, shall approv all change orders, if necessary, which approvals all not be unreasonably thheld or delayed. The parties agree to each pay fi y percent (50%) oft Approved Budget. The parties further agree to cooper to together in good aith to complete the Exterior Easement Improvements Plan s soon as is re onably possible following the date of this Agreement but in no event later th eighteen (18) months following the date hereof (the "Outside Co pletion D e"), subject only to weather delays or other conditions or events not r asonabl foreseen or within the control of the parties that may cause the date of c pl ion to be extended beyond the Outside Completion Date. Owner shall hav e right in its discretion to complete the Exterior Easement Improvements Pl in accordance with the Approved Budget, and upon substantial completio th reof as defined in Section 1 of this Agreement, the City shall execut the Li nse. 4. Miscellaneous. A. The provisions oft is Agreement shal inure to the benefit of and bind the successors and assigns o the respective parties ereto. B. Nothing con fined in this Agreements 11 be construed as creating or granting rights to ny third party which is not a si natory to this Agreement. C. This A Bement constitutes the entire agree nt between the parties and supersedes 11 prior or contemporaneous written or oral communications, understan ings and agreements with respect to the s bject matter hereof. It is expressl understood and agreed that this Agreeme t may not be altered, amen d, modified or otherwise changed in any respect except in writing duly exe ted by authorized representatives of each of the parti This Agreement shall be governed by the laws of the St~te of Iowa. 3 Dated this _ day of October 2008 RBD IOWA CITY LLC. a Delaware limited liability company By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member By: DIG Iowa City LLC, a Delaware limited liability company, its Manager By: John A. Belden, President ~. CITY ACKNO STATE OF IOWA ) )ss: JOHNSON COUNTY ) CITY OF IOWA CITY, IOWA By: _Regenia D. Bailey, Mayor Attest: Marian K. Karr, City Clerk On this day of October, 2008, before e, the undersigned, a Notary Public in and for the above-named cou tY and state, person ly appeared Regenia D. Bailey and Marian K. Karr, to me perso lly known, who being y me duly sworn, did say that they are the Mayor and City Cle ,respectively, for the Ci of Iowa City, Iowa, executing the within and foregoing ins ument; that the seal atta ed thereto is the seal of said corporation by authorit of its City Council; and that he said Mayor and City Clerk acknowledged the exe tion of said instrument to be the voluntary act and deed of said corporation, by it and y them voluntarily executed. Notary Public and for the State of Iowa 4 RBD IOWA CITY LLC. ACKNOWLEDGEMENT STATE OF TENNESSEE ) )ss COUNTY OF SHELBY On this day of Oc ber, 2008, before me, the undersigne , a Notary Public in and for the above-named coup and state, personally appeared J A. Belden, to me personally known, who being by e duly sworn, did say that he 's the President of RBD IOWA CITY LLC., executing the ithin and foregoing instru ent by authority of RBD IOWA CITY LLC and that the said ohn A. Belden acknowl dged the execution of said instrument to be the voluntary act an deed of said limite liability company, by it and by him voluntarily executed. Not ry Public in and for the St e of Tennessee 5 EXHIBIT "A" LICENSE AGREEM NT FOR THE TEMPORARY USE OF PEDESTRIAN ACCESS EASEMENT BETWEE THE CITY OF IOWA CITY, IOWA ND RBD IOWA CITY LLC This Agreement ("Agree ent") is entered into bet een RBD Iowa City LLC, a Delaware limited liability c mpany, (hereinafter "RB and/or "Owner") and the City of Iowa City, an Iowa munici al corporation ("City") WHEREAS, RBD is th current owner o the Sheraton Hotel located at 210 Dubuque Street in downtown Io a City, Iowa (t e "Hotel"); and WHEREAS, in order to pro i Mall and Dubuque Street, there ex dated December 12, 1983, which is Office of Johnson County, Iowa (the interior pedestrian access easem approximately twenty-five feet (25') days a week (24/ 7) (the "Interior access easement along the western one-half feet (12.5') wide and is op (24/ 7) (the "Exterior Easement") • an. de publi pedestrian access between the Pedestrian is a cer in Pedestrian Access Easement Agreement ecor ed at Book 726, Page 174, in the Recorder's ' a ment Agreement"), that grants the City (i) an en through the interior of the Hotel that is e and is open twenty-four hours a day, seven as ent") and (ii) an exterior public pedestrian all f the Hotel that is approximately twelve and en enty-four hours a day, seven days a week WHEREAS, RBD desir s to make cert in improvements to the Hotel, including but not limited to the expans' on and enhance nt of the lobby and the improvement of security and climate con of (collectively, th "Improvements"), and to that end, requests that the City agr to issue a revocable icense over a portion of the Easement Agreement which allow the Hotel to occupy portion of the Interior Easement, effectively reduces the width of the Interior E ement from its present width to approximately twelve eet (12') and allows the Hote to close access through the Interior Easement between th hours of 11:00 p.m. and 6:00 a. .; and WHEREAS, he parties to this Agreement desire o memorialize their agreement regarding their re pective responsibilities and duties un r a license agreement for the temporary use of portion of the Interior Easement. NOW, EREFORE, IN CONSIDERATION OF THE UTUAL COVENANTS, CONDITION AND WARRANTIES CONTAINED HEREI IT IS AGREED AS FOLLOWS: 6 1. The City hereby issues a temporary license for a portion of the Interior Easement, thereby effectively reducing the width f the remaining easement area to approximately twely -feet (12'), as depicted n Exhibit "A", attached hereto and incorporated ein (the "Licensed Interior sement"). This license also alters the Owner's bligation to provide pedes ian access through the Interior Easement on a enty-four hour, seven day a week (24/7) basis and allows the Owner to control ccess over the entire Int rior Easement between the hours of 11 p.m. and 6 a.m. seven days a week. T e City hereby retains all other rights and interest in the terior Easement as er the terms set forth in the Easement Agreement. The Pa ties expressly a e and acknowledge that this License Agreement shall not, operation oft doctrine of merger or any other theory, permanently reduce o alter the C' y's rights and interests in the Interior Easement as set forth in t e Easemen Agreement. 2. Notwithstanding the abo e, the caner agrees to cease and desist its use, occupancy and control over ny ortion or all of the Licensed Interior Easement and to remove any and al i provements, obstructions or debris from the Licensed Interior Easement u on the occurrence of any one of the following events and the determinatio the City that, as a result thereof, the License shall be revoked in whole or ' p rt: a. Owner or any success r and takes a major redevelopment of the Hotel, whether or not such jor redev lopment is at the Owner's sole discretion or the result of the da ge or destr tion of the Hotel by fire, explosion, act of God, or public e emy; for the purposes of this Agreement, major redevelopment" s 11 mean a proje t in which all or substantially all of the existing Hotel is emolished and re- uilt over a consecutive three (3) year period from the ime the first building ermit is issued. For the purposes of this Agreemen , "substantially all of e existing hotel shall mean the demolition an rebuilding of seventy-fi e percent (75%) or more of the existing phys' al structures at the time the ' st building permit is issued; or b. Owner or a y successor decides in its sole di cretion to convert the use of the Hotel to a principal use other than a hotel. In the eve t that any of the events described in p ragraph 2 a. or b of this Agreeme occur and the City determines that, as a suit thereof, the License shall be evoked, in whole or in part, the City shall n tify the Owner of such determ' ation and the Owner shall be required to emove any and all impro ements, obstructions or debris within the Licensed I terior Easement that, in the City's sole determination, interfere with the City rights under the Easement Agreement and the License (in the event the License 's revoked in part 7 and not in whole). If Owner fails to remove any and all improvements, obstructions or debris from the Licensed Interior Easement as required in this paragraph, the City may remove such improvements, restore the area to its prior condition, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal and restoration costs shall be certified to Johnson County as a statutory lien hd assessed against the property and collected the same manner as a pr~erty tax, as provided in Section 364.12(2)(e), Iowa~ode (2007). ~% 3. Owner agrees to indemnif defend and hold th City harmless against any and all claims for bodily injury, eath or property amage arising out of its actions, occupancy and use of the icensed Interio Easement, including those of its contractors, subcontractors, g agrees to carry Class II liabili each occurrence, $1 million a property damage with contrac Owner shall furnish a certifiea coverage to City, which certifica 4. Owner and City agree that no grant of permission to occ outlined in paragraph 1. 5. This Agreement shall co stitute a c binding upon and shall nure to the interest, and assigns o oth parties ty right is conferred by this License and use the Licensed Interior Easement as 6. This License Agre ent for Temporary shall be recorded the Johnson County l Dated this day of Signatures on the following page. ts, empl ees and assigns. Owner further suranc in the minimum amounts of $500,000 negate odily injury, and $250,000 aggregate ~1 li ility coverage included. Upon request, of nsurance evidencing said valid insurance ust be satisfactory to the City. it running with the land, and shall be t of the respective heirs, successors in of a Pedestrian Access Easement per's Office at Owner's expense. 2008. 8 Dated this _ day of October 2008. RBD IOWA CITY LLC. a Delaware limited liability company CITY OF IOWA CITY, IOWA By: RBD IOWA CITY HOL INGS LLC, a Delaware limited liability c mpany, its Sole Member By: DIG Iowa City LLC, a laware limited liability company, its anager By: John A. Belden, Preside t CITY STATE OF IOWA ) )ss: JOHNSON COUNTY ) By: Regenia A Bailey, Mayor K. Karr, City Clerk On this day of Oc ber, 2008, efore me, the undersigned, a Notary Public in and for the above-named cou ty and state, ersonally appeared Regenia D. Bailey and Marian K. Karr, to me perso ally known, wh being by me duly sworn, did say that they are the Mayor and City Cle k, respectively, fo the City of Iowa City, Iowa, executing the within and foregoing in ument; that the se 1 attached thereto is the seal of said corporation by authorit of its City Council; an that the said Mayor and City Clerk acknowledged the exec tion of said instrument to e the voluntary act and deed of said corporation, by it and y them voluntarily executed. Notary P lic in and for the State of Io 9 RBD IOWA STATE OF TENNESSEE ) )ss: COUNTY OF SHELBY ) On this day of Octob and for the above-named county a personally known, who being by m~ IOWA CITY LLC., executing the ~ IOWA CITY LLC and that the said instrument to be the voluntary act by him voluntarily executed. ACKN 2008, before me, the ndersigned, a Notary Public in d state, personally appeared John A. Belden, to me duly sworn, did ay that he is the President of RBD thin and fore mg instrument by authority of RBD ~hn A. Beld~n acknowledged the execution of said deed of aid limited liability company, by it and Notary Public in and for the State of Tennessee 10 EXHIBIT "A" 11 ~~ Prepared by: Sarah Holecek, 1 S~ Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN D THE CITY CLERK TO ATTEST AN AGREEMENT FOR WALKWAY IMPROVEMENT AND FUTURE PARTIAL RELEASE OF PEDESTRIAN ACCESS EASEMENT ON 210 UTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City ("City") currently owns a public pe strian access easement through the interior of the Sheraton Hotel building, that is approximate twenty-five feet (25') wide and open twenty-four hours a day, seven days a week (24/7), swell as an exterior public pedestrian access easement along the western wall of the build' g that is approximately twelve and one-half f~t (12.5') wide; and WHEREAS, RBD owa City LLC, ("RBD") current owner of a Sheraton Hotel building, located at 210 South Dubuque Street, wishes to expand and enhan a the hotel lobby and restaurant as well as provide better sec 'ty and climate control in the buil ng; and WHEREAS, RBD has re ested that CITY relea e a portion of the public pedestrian access easement so that they are le to narrow the a ement area from 25' to 12' and restrict access between 11 p.m. and 6 a.m.; a d WHEREAS, in exchange for this p rtial rele se of the easement, the Sheraton has agreed to pay for 50% of the costs of improving t pe estrian access easement that currently runs along the west side of its building; and WHEREAS, said improvement to th we exterior easement area shall include additional lighting, architectural features, way-finding ignag and public art, which will enhance its attractiveness and public safety; and WHEREAS, a public hearing as been held an said agreement is in the public interest. NOW, THEREFORE, B IT HEREBY RESOLV D BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: The Mayor and ity Clerk are hereby authorized o sign the attached agreement for walkway improvements nd future partial release of the pe estrian access easement running through the interior of 10 S. Dubuque Street, Iowa City, to 2. The City C~(erk is directed to certify a copy of this recorde at RBD's expense. Passed did approved this day of MAYOR Ap r ~ eel b~~ ~~7S~1,' _~ with the attached agreement to be 2008. CLERK ATTEST: y Attor ey's!-of#i¢e ~C> ~ Ug v Vv Sheraton &LLEY ~"} + ~`~ w w .1xS;z;`L ~I~~~'~~ .ti~~ :~lELP41,~N'~ MCiI~StJ~ ~E13€~TRi~kN Pik. ,•~ .- .,k - ` -. - ~ s I E}~~.S71~fG ~l1~L10 E~TEEVG HOTEL LOB®Y' RET4llR+4NT & B~4'R LOBBY ~'_ ~ ,. 4 L,.+°~ ~, !~`~ ~~~. ~~ n .' .----_.---------~ '°~4r~' ,,~.~ ~` ~. ~~~> ., ~ ~'~ RI1E~l~QIPL SfiR~Efi ' . ~ ~ _ .~ ,~_ EXISTING SITE P L A N P Y~YIfERa ~Cl ~~ i ,•.,, ~ r L k `~ ^" 4 f E X I S T I N G E X I S T I N G E X I S T I N G E X I S T I N G EXISTING BUILDINGS Sheraton ~~` NEUMANN h40NSOh ARf_.HITECT~ i4 DUBUQUE STREET 0 F'•gA•,Y-6~9 PLAZA TOWERS STAIRIELEYATOR TOWER AT PUBLIC PARKING STRUCTURE -----------~ 0 I CONCEPT DRAWING: Covered Walkway and Signage View from Front Side of Hotel i. .A.w ,~-.r~ ,~ ~N 5 ~~ N ~V ~ ~_ _~ ~, a __ ~~ I~ ~~ } ~. . ~ ~ ~ ~ -a ~ ~ ;1., `6 E ! i' ~~ _'. ~ .u ~, A Well-Lit Walkway a r ....~!5• ~~ .~ I 3 f- ~~ ~ z. ~ - _ 'ryi ~ ~~ ~_ A Walkway that can be seen from one end to the other PROPOSE D i~,~ PROPOSE D v Vv Sheraton ~_~_ a ^ ^ ~_ _~~ ` ~¢ if ~. ~~~,:,; ~,..: ,. >~ _~! ~ A~+,~. ~, l ~' I q ~, ~`n a ~' ~~' ~ ~ ~ r } :; ~~, i ~ y~ s a ~= r ~~ 2 ~ I ' A eV i A~ ,_,.~, d! ~~ , ~~ F',`~. ~f ~~ s ~~ r ..:: . ~. _ _ .,., . _ ~ ~,:. _ l I ~ ,~ _ ~ , ~r ~_ ..- -- ~ - - •_ ~ . W ,, ,_ .. `'~ti,~ ', _ _ ,~., I'~ ~ ~'' ~, ~.. ~ .. - - __ ..oy '~.."'~., -. his' - 5 .. r ,. _. - ~, - _ _ t 1 '~ ~~. ~: ~~ e }t -„ ,, ~~~;'i~ t y L} ~' y *0 ' ~. R'l~ r :~ •1 + n ~; ~ ~ '~ AA ~ ~~i ~ y i. ~~ d ~ A P~f~" ~'~~ ,i af`s d wp , P' F Y ~ ~ 1 .4 h.. 4+ ~ ~ r ~ ' ~~ ~~~- ly~ ~~~, ~~~ " ~ '. . ' I ~~",.' ~~ ~' ~ ~ y ~:y ~ ~ , .~ , ~;° Y ~ ;+ ~~ ^ ~~. . l . ~ 1 -'~ ~- ~ .~ _-~„~ ' .. t ~~ J ~~~ v Vv Sheraton AN EXAMPLE OF SIGNAGE 1 C v Vv Sheraton Washington Street - 11' - 6" r Linn Street at the Library - 11' Washington Street in front of the Chamber -main sidewalk 11' Washington Street at US Bank corner - 12' ~~ 1 - - 11 Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 08-317 RESOLUTION AMENDING THE IOWA CITY FY08 AND FY09 ANNUAL ACTION PLANS AND APPROVING DIFFERENT FINANCIAL TERMS FOR THE HOUSING FELLOWSHIP'S FY08 AND FY09 HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) ALLOCATION. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the FY08 and FY09 Annual Action Plans approved applications for $545,772 in HOME funds to The Housing Fellowship to develop affordable rental housing; WHEREAS, in its application for funds, The Housing Fellowship requested financial terms of 30-year at 0% interest loan with monthly payments; and WHEREAS, The Housing Fellowship has requested a change in the loan terms to a 20-year loan at 0% interest with no monthly payments and a balloon payment at year 20; and WHEREAS, the Iowa City Housing and Community Development Commission (HCDC) made a recommendation to amend the FY08 and FY09 Annual Action Plans at its meeting on October 7, 2008, to reflect the requested change to The Housing Fellowship's FY08 and FY09 HOME allocation; and WHEREAS, according to CITY STEPS, this is considered a substantial change to the FY08 and FY09 Annual Action Plans and requires City Council approval; and WHEREAS, the City has disseminated information and received input at the October 7, 2008 HCDC meeting on the proposed amendment; and WHEREAS, adoption of the Amended FY08 and FY09 Annual Action Plans are required by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Amended FY08 and FY09 Annual Action Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City's amended FY08 and FY09 Annual Action Plans, copies of which are on file in the Planning and Community Development Department, are hereby approved and adopted to change the loan terms for The Housing Fellowship allocation to a 20-year deferred loan at 0% interest with a balloon payment at year 20. Resolution No. 08-317 Page 2 2. The City Manager of Iowa City is hereby authorized and directed to submit the applicable documentation for the City of Iowa City's Amended FY08 and FY09 Annual Action Plans to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plans. Passed and approved this 21st day of October , 2008. MA Approved b ATTEST: ~% CITY ERK City Attorney's Office It was moved by Wilburn and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: x x x ~- x x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ppdcdbg/res/OBcitystepsamended.doc M~ r: Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 08-318 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND FOTH INFRASTRUCTURE AND ENVIRONMENTAL, L.L.C. TO PROVIDE CONSULTANT SERVICES FOR THE SYCAMORE STREET- US HWY 6 TO SOUTH CITY LIMITS IMPROVEMENT PROJECT. WHEREAS, the CITY of Iowa City desires to improve and expand the CITY's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the reconstruction of Sycamore Street from Hwy 6 to the south City Limit of Iowa City will enhance traffic flow in South Iowa City; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Sycamore Street - US Hwy 6 to South City Limits Improvement Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Foth Infrastructure and Environmental, L.L.C. to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Foth Infrastructure and Environmental, L.L.C. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and the City Clerk are hereby authorized and directed to execute the attached Consultants Agreement in duplicate. Passed and approved this 21st ATTEST: i,% City rk 2008. ~~~~.~ City Attorney's Office ~~~~~~~ Resolution No. 08-318 Page 2 It was moved by 0' Donnell and seconded by Champion 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 wpdala/glossary/resolution-ic.doc CONSULTANT AGREEMENT sf THIS AGREEMENT, made and entered into this ~1 day of C7cTnis~ie , 2008 , by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Foth Infrastructure and Environment, LLC. , of Cedar Rapids ,hereinafter referred to as the Consultant. WHEREAS, the City desires to secure the services of the Consultant to provide engineering services related to the proposed reconstruction of Sycamore Street from 500 ft south of Langenberg Avenue to Burns Avenue, approx. 3,000 LF in length. The project also includes design services related to lane reconfiguration and pavement repair on Sycamore Street from Burns Avenue to US Highway 6, approx. 2000 LF in length, and pavement widening for a right turn lane on Sycamore Street north of US Highway 6, approx. 300 LF in length.; WHEREAS, the final design services to be provided shall include horizontal and vertical alignment establishment, storm water analysis, storm sewer design, utility location and possible relocation, roadway geometrics, and general plan preparation. The total length of the proposed project is approximately 5,000 LF. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the engineering services for the City, and to do so in a timely and satisfactory manner. Services provided under this agreement shall be as further described in Attachment A, attached and incorporated herein. The City agrees to provide the information stated in Attachment D, attached and incorporated herein. II. TIME OF COMPLETION The Consultant shall complete alt phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before October 21st, 2008. The schedule of the work to be performed shall conform to the Schedule set forth in Attachment B, attached and incorporated herein. Any deviations from the Schedule shall be approved by the authorized City representative. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 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. 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. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "Not-to-exceed" amount listed in Section IV. The City may -2- terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to fumish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. 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. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract -3- 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. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES In consideration of the services, work, equipment, supplies, or materials provided herein, the City agrees to pay the Consultant the following NOT-TO-EXCEED FEE (Unit CostlTime Charges), including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment C, attached and incorporated herein. TOTAL NOT-TO-EXCEED FEE $ 154,467.00 Consultant shall bill City monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of City's receipt of invoice. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY By: Title: a or Date: October 21, 2008 FOR THE CONSULTANT Foth Infrastructure an vironment, LLC ~~ i '~ By: ~ , Title: Senior Project Manager Date: to his ~2~0~ ATTEST: ~~~u~~~~ . ~~~ City lerk Approved by: Glr~ ~~i~~"%~.t~`?~~~~f~~ City Attorney's Office Is/il~~~S' Date Foth Companies Sycamore Street Improvements Project No. 00081012.00 Iowa City, Iowa ATTACHMENT "A" -SCOPE OF SERVICES Sycamore Street Improvements US Highway 6 to Langenberg Avenue Iowa City, Iowa The work to be performed by the Consultant under this agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to complete the roadway improvement plans for the project. The proposed project involves engineering design services regarding the reconstruction of Sycamore Street from 500 ft south of Langenberg Avenue to Burns Avenue, approx. 3,000 LF in length. The project also includes design services related to lane reconfiguration and pavement repair on Sycamore Street from Burns Avenue to US Highway 6, approx. 2000 LF in length, and pavement widening for a right turn lane on Sycamore Street north of US Highway 6, approx. 300 LF in length. The final design services to be provided shall include horizontal and vertical alignment establishment, storm water analysis, storm sewer design, utility location and possible relocation, roadway geometrics, and general plan preparation. The total length of the project plans for Sycamore Street is approximately 5,000 LF. The scope of services to be performed by the Consultant shall be completed in accordance with generally accepted standards of practice and shall include the services to complete the following tasks: TASK A -Contract Management 1.0 Project Administration 1.1 Project Management The project manager will be responsible for the development and tracking of the project plan for the project development. This includes task identification, staff scheduling and coordination, project communications, monthly progress reporting and invoicing and other important elements of the project. The project duration is assumed to be eight (8) months. 1.2 Project Development Team Meetings. Maintain communications with the Project Development Team and various other designated representatives. The project development team will include the City of Iowa City Engineering Department and Foth Companies. Meet to review progress and to discuss specific elements of the project design (assume four (4) meetings in Iowa City). The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision-making process, and expedite design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed that the meetings will be attended by two (2) staff members of the Consultant. The following project meetings are included with the scope of work: Project Review Meetings -three (3) meetings Note: there is one (1) additional meeting included for miscellaneous purposes. 1.3 Public Information The CONSULTANT will conduct one (1) public informational meeting that will be attended by two (2) staff members of the CONSULTANT. The purpose of this meeting will be to present the final project design and anticipated construction schedule to the adjacent property owners and other affected parties. X:\C R\IE\2008\00081012.00\PROJ Wdministrative\Contract\sos-101508-ICRdwyDsgn.doc Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa This task includes preparation of the public notification letters, display materials and pertinent hand out information for the meeting. Also includes reviewing the results of the meeting with the Project Development Team. The reserving of the meeting facility and a public notification will be completed by the CITY. 1.41ndividual Property Owner Meetings The CONSULTANT will conduct meetings with individual property owners to address issues of specific concern to adjacent properties. These meetings will be held in concert with the Project Development Team meetings. This will include specific discussions about access issues, changes in circulation, potential right-of-way needs, and other issues related to specific parcels. During the scheduled individual property owner meeting times, the CONSULTANT'S project manager will meet with the affected property owner to discuss the specifics of the project as it relates to their property, obtain information regarding any issues the property owner feels is important, and get input regarding their expectations. For budget purposes, it is assumed that the CONSULTANT will conduct two (2) meetings per property owner (estimated 26 properties) and will be attended by one (1) staff member of the CONSULTANT. 1.5 Utility Coordination Meetings The CONSULTANT will conduct meetings with individual utility companies to address specific conflicts. It is anticipated that there will be two (2) meetings with representatives of the various utility companies. The first will be to advise of the nature and extent of the improvements and any potential conflicts with existing or proposed utility systems, and the second will be preliminary/final design review and coordination meetings. 1.6 Quality Control Plan Establish review and checking procedures for project deliverables. Designate responsibility for implementation of the plan. 1.7 Design Coordination w/ Iowa DOT District 6 Local Office This task includes the coordination/project review with the Iowa DOT District 6 Office. Project plans and specifications will be provided to the Iowa DOT upon request or on identified project submittal dates. For budgeting purposes, it is assumed that one (3) meetings will be attended by one (1) staff member of the Consultant. Meeting minutes along with documentation of other communications shall be prepared by the Consultant and included in the project file. TASK B -Survey and Mapping 1.0 Preliminary Design Surveys The CONSULTANT shall perform field and office tasks required to collect supplemental topographic information deemed necessary to complete the project. The CITY shall provide aerial photographic and other available mapping of the Project area. The specific supplemental survey tasks to be performed include the following: 1.1 Control Surveys The CONSULTANT will establish horizontal and vertical control for Sycamore Street (Burns Avenue to approx. 300 LF north of US Highway 6). Each permanent control point or benchmark shall have horizontal coordinates or elevation, recovery information and monument description. Accurate descriptions of the horizontal control points and benchmarks will be created and recorded on the plan sheets. The horizontal control will be based on the US state plane Iowa south zone US survey foot NAD 83 (1996 Harn) and the vertical control based on NAVD 88. 1.2 Supplemental Topographic Survey The CONSULTANT shall perform supplemental topographic surveys required for the development of the project and to supplement the existing topographic mapping provided by the City. Horizontal and X:\CR\IE\2008\00081012.00\PROJWdministrative\Contrad\sos-101508-ICRdwyDsgn.doc 2 Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa vertical accuracies shall be adequate to produce a map that is compatible with the topographic data for incorporation into the existing base mapping. This task includes topographic survey of following areas: - Existing pavement at the proposed mainline and side road tie-in locations (approx. 50- 100 feet in length). - Identified pavement patches (Sycamore St. -Burns Ave. to US Highway 6). - Existing non-ADA compliant pedestrian curb ramps and intersection radius returns (Sycamore St. Burns Ave. to US Highway 6). - Proposed right turn lane widening (Sycamore Street north of US Highway 6). - Radius returns and spot locations as required for the installation of new signal poles (Sycamore St / US Hwy 6 Intersection). - Approx. 300 LF of US Highway 6 east and west of Sycamore Street (600 LF total). This topographic survey will be utilized in the design development of the advanced detection as required for the Sycamore Street and US Highway 6 traffic signal. 1.3 Utility Surveys The CONSULTANT shall perform utility surveys on Sycamore Street (Burns Avenue to approx. 300 LF north of US Highway 6). Contact utility owners of record or the "one call" representative, request that buried utilities be marked in the field and obtain existing utility map. Establish coordinates and elevations (if possible) for utilities that fall within the limits of the project and are visible or have been marked on the ground by the utility owner. This task consists of a field survey indicating the location of utilities within the existing right-of-way for the project. The CONSULTANT shall field locate utility locations established by others; excavating to expose buried utilities is not part of this contract. Utilities to be surveyed include phone, gas, fiber optic, water main, overhead/underground electrical, sanitary sewer and storm sewer (including power poles, pedestals, valves and manholes). This includes establishing manhole and intake elevations for existing sanitary, storm sewers and culverts. 1.4 Right-of-Way Surveys The CONSULTANT shall perform right-of-way surveys required for the proposed right turn lane widening (Sycamore Street north of US Highway 6). The right-of-way surveys shall be in-depth legal surveys for which acquisition plats may be developed. This task includes a thorough search of CITY, County and State records to review all surveys of record pertaining to the survey corridor, including County Auditor's Subdivisions Plats, original government surveys, early surveys made by County Surveyors, all irregular land survey and road establishment records. Copies of such records are to be included in the project file for future reference. This task also includes obtaining sufficient field data to locate or establish property lines affected by the project to enable the preparation of the improvement plans. This includes locating section corners, property pins, and visible lines of occupation such as fences, field divisions or any other lines, indicating possession. A diligent effort must be made to recover existing land corner monuments necessary to describe the right-of-way along the project corridor. The task includes incorporation of property lines, right-of-way lines, and ownership of properties affected by the project into the base mapping for the project. The base mapping will identify the owners and approximate boundaries of all appropriate parcels within the survey limits. 1.5 Plat Preparation of Acquisition Plats and Legal Descriptions The CONSULTANT shall prepare acquisition plats and legal descriptions for property to be acquired for the proposed right turn lane widening (Sycamore Street north of US Highway 6).For estimating purposes, the following numbers of acquisition plats are assumed for this agreement: Permanent Drainage Easement plats - 3 Temporary Construction Easement plats - 4 X: \C R11E\2008\00081012.00\PROJ\Administrative\Contractlsos-101508-ICRdwyDsgn.doc Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa Individual plats and legal descriptions will be prepared for each parcel with permanent and temporary acquisitions. The plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. The plats shall also be completed in accordance with the CITY of Iowa City requirements. This task also consists of staking the easement locations for purposes of right-of-way negotiations. The staking survey includes the marking of key easement location points in order to visualize the locations in the field and shall also include marking of existing property lines locations. For the purpose of this agreement, all permanent and temporary easements will be staked one (1) time. 1.6 Monumentation of Permanent Right-of-Way Acquisitions This task consists of monumentation of the permanent right-of-way acquired for the proposed right turn lane widening (Sycamore Street north of US Highway 6), which will be performed upon completion of construction of the proposed improvements. The monumentation shall comply with requirements of the Iowa Code and shall be performed by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. This task does not include monumentation of any existing right-of-way pins that are disturbed during construction activities. 1.7 Wetland Delineation Survey - (Task not required) 1.8 Drainage Surveys - (Task not required) 1.9 Soil-Boring Location Surveys - (Task not required) TASK C - Utility Design 1.0 Sanitary Sewer - (Task not required) 2.0 Water main This task consists of preparing design details for modifications required (at conflict points w/ proposed storm sewer) to the existing 16" diameter water main located along the east side of Sycamore Street. CONSULTANT shall coordinate the proposed water main modifications with the City of Iowa City Water Department. TASK D -Roadway Design 1.0 Preliminary Plans Utilizing the preliminary geometrics as developed in the Functional Design Plans, the CONSULTANT shall provide preliminary plans for Sycamore Street, from 500 LF south of Langenberg Avenue to Burns Avenue. This shall also include a preliminary layout of the southbound right turn lane and the proposed traffic signal improvements at the intersection of Sycamore Street and US Highway 6. Upon completion, the design plans will be approximately 60 percent complete. The submittal of preliminary plans shall be completed on or before the date established in the schedule illustrated in Attachment B. 1.1 Plan Preparation -Title Sheet and Typical Sections (A and B Sheets) Prepare title and typical section sheets for Sycamore Street, Langenberg Avenue, Dickenson Lane, Terrapin Drive and Lakeside/VVetherby Drive. This task shall also include miscellaneous details such as special paving details, grading details and other required details. X:\CR\IE\2008\00081012.00\PROJWdministrative\Contractlsos-101508-ICRdwyDsgn.doc '4 Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa 1.2 Plan Preparation -Estimate of Quantities (C Sheets) This task consists of a preliminary determination of the bid items to be included in the project, along with their appropriate tabulations. 1.3 Plan Preparation -Plan and Profile (D and E Sheets) Prepare preliminary plan and profile drawings at a scale of 1"=30' horizontal and 1"=5' vertical. These drawings will show base mapping and proposed roadway alignments. Include slope intercepts, side road intersections, ditch locations, cross drainage, erosion containment, existing and proposed drainage structures (including flow line, drainage area, and topography), existing and proposed right-of-way, easements, and entrance profiles. Intersecting angles and station equation between mainline and side road reference line will also be shown. Profiles will show proposed elevations, grades, vertical curve length and "K" value, elevations for PVC, PVI, and PVT, ditch profiles and ditch elevations. These drawings will also show existing contours and proposed grading information along the corridor. 1.4 Plan Preparation -Pavement Rehabilitation Plans (F Sheets) Prepare preliminary plan drawings at a scale of 1"=30' horizontal (minimum plan size of 11x17). These drawings will show aerial topographic base mapping, existing/proposed utility information and proposed roadway rehabilitation improvements for Sycamore Street from Burns Avenue to US Highway 6. This item also includes design and drafting services necessary for the replacement of non-ADA compliant pedestrian curb ramps (Sycamore Street -from Burns Avenue to US Highway 6). 1.5 Plan Preparation -Staging and Traffic Control (J Sheets) This task consists of the developing a suitable plan for construction staging and traffic control measures to be implemented during construction. The plan will include provisions for through traffic and temporary access to adjacent properties during construction. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.6 Plan Preparation -Pavement Markings and Traffic Signing (K Sheets) This task consists of the development of pavement marking and traffic signing plans to be placed into service following construction. The proposed pavement marking plan shall also include the conversion of the existing four-lane section on Sycamore Street from Burns Avenue to US Highway 6 (Approx. 2000 LF) to a three-lane section. The traffic control devices, procedures, and layouts shall be as per the Manual on Uniform Traffic Control Devices (MUTCD). 1.7 Plan Preparation -Intersections and Mainline Geometrics (L Sheets) Prepare a 1"=20' scale preliminary plan for each intersection and mainline in areas where the special transition is required to maintain positive drainage. Basic horizontal information shall be presented showing design vehicle turning radii, turning movements, design vehicle turning path. 1.8 Plan Preparation -Storm Sewer and Subdrain (M Sheets) Complete hydrologic and hydraulic investigations will be completed in accordance with Chapter 2 of Iowa Statewide Urban Design Standards for Public Improvements (SODAS) for proposed storm sewer along mainline and at side roads or in areas where new low points are created due to new roadway geometrics. This task consists of developing a "Storm Water Management Plan" for the areas surrounding the proposed improvements. This plan will inventory the existing hydrologic and hydraulic conditions and analyze the impacts the proposed improvements will have on the area wide drainage patterns. Once the impacts have been quantified alternatives will be developed to support the proposed improvements. Preliminary design and layout of the storm sewer and subdrain will be included on these sheets. 1.9 Plan Preparation -Traffic Signal Plans (N Sheets) This task consists of the development of preliminary traffic signal plans at the intersection of Sycamore Street and US Highway 6 using available design standards of the City and the Manual on X:\CR\IE\2008\00081012.00\PROJ\Administrative\Contractlsos-101508-ICRdwyDsgn.doc Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa Uniform Traffic Control Devices (MUTCD). Signal Layout, signal timings, wiring diagrams, major equipment, poles signal heads, and signal specifications will be developed. 1.10 Plan Preparation -Special Construction Details (U Sheets) This task consists of the design and drafting associated with the preliminary assembly of modified standards and special details. This item also includes design and drafting services necessary for the implementation of a modular block retaining wall on Sycamore Street north of US Highway 6 (for the proposed right turn lane widening). 1.11 Plan Preparation -Cross Sections (W, X, Y, and Z sheets) Generate preliminary cross sections at 1"=10' horizontal and 1"=5' vertical scale at key locations for Sycamore Street and the following connecting sideroads: Langenberg Avenue, Dickenson Lane Terrapin Drive and Lakeside/Vlletherby Drive. Cross sections will generally be developed at culvert locations, terrain breaks, and at 50' intervals. Include finished grade line elevation and calculated earthwork volumes, indicating estimated earthwork volume for each proposed construction stage. 1.72 Preliminary Opinion of Probable Construction Cost Prepare a preliminary opinion of probable construction cost for the project. Preliminary cost estimates shall be based on representative major project elements and based on recent bid information. Detailed quantity takeoffs will not be developed for the preliminary cost estimate. 1.13 Preliminary Plan Review by Design Team The consultant shall submit preliminary plans and budget to the City for review and comment. A Field Review will be held by the Project Development Team to discuss key issues and design concepts, including drainage, access control, traffic control/staged construction and right-of-way. The review will determine the completion of the plan design, identify needed adjustments to minimize potential property impacts and confirm the proposed staging plans. Revisions will be noted for preparation of check plans. 2.0 Check Plans Utilizing the preliminary geometrics, the CONSULTANT shall provide check plans. Upon completion, the design plans will be approximately 90 percent complete. The. submittal of check plans shall be completed on or before the schedule as outlined in Attachment B. 2.1 Incorporate Comments from Preliminary Plan Review The CONSULTANT will respond to comments resulting from the Preliminary Plan Review and Field Exam. Recommended modifications will be incorporated into the plan set. 2.2 Check Plan Preparation The CONSULTANT will prepare check plans, which will generally include the following tasks for this project: Title Sheets (A Sheets) -This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project Number, Letting Date and Design Designation. ypical Sections (B Sheets) -This item consists of final design and drafting of typical cross-sections and standard details to be utilized for the improvements. Estimate of Quantities (C Sheets) -This item consists of final bid items to be included in the Project as well as final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and tabulation of the erosion control measures to be provided on the Project. Plan and Profiles (D and ESheets) -This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, and construction X:\CR\IE\2008\00081012.00\PROJ Wdministrative\Contract\sos-101508-ICRdvryDsgn.doc Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa of the proposed roadway improvements including grading limits and necessary storm sewer improvements. Rehabilitation Sheets (F Sheets) -This item consists of the final design and drafting of roadway pavement patching and pedestrian curb ramp replacement plans, including the detail information required for plan approvals and the construction of proposed improvements. Reference Ties and Bench Marks (G Sheets) -This item consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This also includes preserving any Government Corners, which are found in the vicinity of the proposed construction. Control point, reference ties, and bench mark information.(Sycamore Street from Langenberg Avenue to Burns Avenue) shall be provided by the City. Staging and Traffic Control (J Sheets) -This item consists of final design and drafting of the construction traffic control plans. Pavement Markings (K Sheets) -This item consists of final design and drafting of the permanent pavement marking plans. Geometric Staking Details (L Sheets) -This item consists of the final design and drafting of jointing details, spot elevations, and geometric layouts for all non-typical pavement areas. Includes design for entrance modifications. And also includes analyzing the effects proposed improvements will have on drainage, grades and on-site traffic circulation patterns. Storm Sewer Profiles and Details (M Sheets) -This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, subdrain, and other related utility features on the project. Traffic Signal Plans (N Sheets) -This task consists of the final design and drafting of the proposed traffic signal at the Sycamore Street and US Highway 6 intersection. Included in this task will be the signal layout, wiring diagrams, signal controller, poles, signal heads, quantities, specifications, conduit, wiring and other elements of the traffic signal installation. Also includes the phasing and timing of the proposed traffic signal. Erosion Control Plans (S Sheets) This item consists of design and drafting of the proposed erosion control measures required for the project. Erosion control measures shall include but not limited to items such as silt fencing, wood excelsior mat, filter socks, rock outlet protection, storm sewer inlet protection and sediment traps. Tabulations of Earthwork Quantities (T Sheets) -This item consists of final design and tabulation of the earthwork quantities. Special Construction Details (U Sheets) -This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, special storm sewer or manhole details not included in the standard drawings, special paving details, retaining wall design details and other required details. Design Cross-Sections (W, X. Y, Z Sheets) -This item consists of the final design and drafting of individual cross-sections for the Project. Cross-sections will be designed and drawn at 50-foot maximum intervals, with additional cross-sections included as necessary. Cross-sections will show the existing ground elevations as well as the final project grading, including foreslope and backslope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. X:\C R\IE\2008\00081012.00\PROJ Wdministrative\Contract\sos-101508-ICRdwyDsgn. doc Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa 2.3 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed for the final cost estimate. 3.0 Final Plans Utilizing the check plans, the CONSULTANT shall provide final plans. The submittal of final plans shall be completed on or before the schedule as outlined in Attachment B. 3.1 Incorporate Comments from Check Plan Review The CONSULTANT will respond to comments resulting from the Check Plan Review. Recommended modifications will be incorporated into the final plan set. 3.2 Opinion of Probable Construction Cost Prepare opinion of probable construction cost for the project. Final cost estimates shall be based on representative all project elements and based on recent bid information. Detailed quantity takeoffs will be developed and for this estimate. 3.3 Project Permitting The CONSULTANT will assist the City in preparing applications for permits from governmental authorities that have jurisdiction to approve the design of the project and participate in consultations with such authorities, as necessary. The CONSULTANT shall prepare the following documents for the project: • Application for Approval of a Traffic Control Device (Iowa DOT Form) • Work within right-of-way permit (Iowa DOT Form) • Pollution Prevention Plan Any fees for construction permits, licenses or other costs associated with permits and approvals shall be the responsibility of the City. The CONSULTANT shall provide technical criteria, written descriptions and design data for the City's use in filing the applications for permits. The CONSULTANT shall prepare the permit applications and other documentation. 3.4 Preparation of Project Manual This task consists of preparation of a Project Manual utilizing the standard City front-end documents, including conditions of the contract and detailed construction specifications. The Iowa Statewide Urban Design and Specifications shall be utilized on this project. TASK E -Bid Period Services The City will coordinate and manage the project letting process. The work tasks to be performed or coordinated by the City include the following: printing of plans and specifications, distribution of bid documents, notice of project publication and distribution of addenda. The work tasks to be performed or coordinated by the Consultant during the Bid Period Services shall include the following: 1.0 Printing of Plans and Specifications - (City Task) 2.0 Notice of Project The Consultant shall prepare the formal Notice of Hearing and Letting. The City shall handle publication of the Notice of Hearing and Letting. The City shall also prepare and disseminate an informal notice to contractors concerning the upcoming Project. 3.0 Plan Clarification and Addenda The bid lettings shall be administered by the City. The Consultant shall assist the City during the bid periods in answering questions regarding the design intent. The CONSULTANT shall prepare X:\C R\IE\2008\00081012.00\PROJ Wdministrative\Contract\sos-101508-ICRdwyDsgn.doc Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa addenda as appropriate to interpret, clarify or expand the bidding documents. Plan clarification information and addenda will be distributed to the project plan holders by the City. 4.0 Letting, Bid Tabs, and Award Recommendation The Consultant shall be a representative present when the bids and proposals are opened, shall make tabulations of bid for the Owner, shall advise the Owner on the responsiveness of the bidders and assist the Owner in making the award of contract, including preparation of necessary contract documents. TASK F -Construction Period Services The work tasks to be performed or coordinated by the Consultant during the Construction Period Services shall include the following: 1.0 Pre-Construction Meeting The CONSULTANT shall attend a preconstruction meeting for the project with contractors, suppliers, utility companies and City staff. It is anticipated that the City will perform construction administration and observation services. 2.0 Shop Drawing Review (Sycamore St and US Hwy 6 Traffic Signal Equipment Only) The CONSULTANT shall review shop drawings, samples, and other data which the Contractor is required to submit, but only for conformance with design concept of the Project and conformance with the information given in the contract documents. The Consultant shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. The Consultant shall have authority to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing, and approvals required. TASK G - Project Deliverables The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City Engineer: • Seven (7) sets of Preliminary Plans (half-size 11 °x17"). • Eight (8) sets of Check Plans (half-size 11"x17") .• Eight (8) original final review drawings (half-size 11"x17") and final project manual • One (1) original final unbound drawing set and project manual • Two (2) sets of full size final drawings (22"x34") • Electronic files in AutoCAD format, including design base maps and sheet files X:\CR\IE\2008\00081012.00\PROJ Wdministrative\Contract\sos-101508-IC RdwyDsgn.doc Foth Companies Project No. 00081012.00 Sycamore Street Improvements Iowa City, Iowa ADDITIONAL SERVICES: Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: 1.) Traffic counts and traffic projections. 2.) Traffic modeling and analysis. 3.) Landscaping design. 4.) Right-of-way negotiation and acquisitions. 5.) Report of record ownership and liens (title searches). 6.) Preparation of environmental evaluation and documentation. 7.) Wetlands Delineation, Permitting and Mitigation. 8.) Eminent domain proceedings. 9.) Relocation assistance. 10.) Right-of-way closing/recording services. 11.) Condemnation services. 12.) Project Letting Services. 13.) Construction period services (administration, observation, and survey). 14.) Construction testing services. 15.) NPDES storm water discharge permit. 16.) Development of a finish grade ground surface (CAD tin file) and contours. 17.) Right-of-way plan sheets (H-Sheets). X:\CR\IE\2008\00081012.00\PROJWdministrative\Contract\sos-101508-ICRdwyDsgn.doc 10 Foth Companies Project No. 00081012.00 ATTACHMENT "B" -SCHEDULE Sycamore Street Improvements Iowa City, Iowa Sycamore Street Improvements US Highway 6 to Langenberg Avenue Iowa City, Iowa The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before September 23, 2008. Consultant Contract approval Preliminary Design Development Acquisition Plats Check Plans Property Acquisitions (6 months) Final Plans Plan Approval & Project Letting October 22, 2008 October 22, 2008 thru December 12, 2008 December 15 thru December 31, 2008 December 1 2008 thru February 28, 2009 January 1 thru June 30, 2009 March 1 thru May 31, 2009 June 1 2009 thru June 30 2009 If notice to proceed is given at a later date, time of completion shall be extended accordingly. X:\CR\IE\2008\00081012.00\PROJ Wdministrative\Contrad\sos-101508-ICRdwyDsgn.doc 11 Foth Companies Project No. 00081012.00 ATTACHMENT "C" -STANDARD RATES Sycamore Street Improvements Iowa City, Iowa Sycamore Street Improvements US Highway 6 to Langenberg Avenue Iowa City, Iowa Foth Infrastructure and Environment, L.L.C. 2008 Standard Hourly Rate Schedule CLASSIFICATION HOURLY RATE Project Manager III $136.00 Project Manager II $126.00 Project Manager I $115.00 Project Engineer III $115.00 Project Engineer II $105.00 Project Engineer I $94.00 Staff Engineer II I $92.00 Staff Engineer II $89.00 Staff Engineer I $84.00 Engineering Technician III $89.00 Engineering Technician II $84.00 Engineering Technician I $77.00 Field Technician III $89.00 Field Technician II $79.00 Field Technician I $53.00 Land Surveyor $95.00 1-Person Survey Crew w/ Robotic or GPS $95.00 2-Person Survey Crew $126.00 2-Person Survey Crew w/ Robotic or GPS $135.00 Administrative Assistant $58.00 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed on per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.65 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice cost plus 15%. 4. All other direct expenses will be invoiced at cost plus 10%. ADJUSTMENTS TO FEE SCHEDULE 1. All expert testimony work in cases of litigation or anticipated litigation will be billed based on the type of work. For advisory work and consultation where the Engineer is not under oath, our fees shall be established by applying a multiplier of 1.25 times the standard rate schedule. For depositions and testimony during trial our fees shall be established using a multiplier of 1.50 times the standard rate schedule. 2. Fee schedule effective January 1, 2008. Rates subject to change upon 30 days' written notice. X:\CR\IE\2008\00081012.00\PROJWdministrative\Contract\sos-101508-ICRdwyDsgn.doc 12 Foth Companies Sycamore Street Improvements Project No. 00081012.00 Iowa City, Iowa ATTACHMENT "D" -CITY'S RESPONSIBILITIES Sycamore Street Improvements US Highway 6 to Langenberg Avenue Iowa City, Iowa The City shall provide the following: 1. All necessary electronic plan and contour drawings, dtm drawings, orthophotos and current Johnson County Parcel drawings (for use in supplementing surveyed areas). 2. Any existing roadway plans/record drawings and utility maps for Sycamore Street, Langenberg Avenue, Dickenson Lane, Terrapin Drive and Lakeside/Wetherby Drive. 3. The following information associated with the topo survey as performed by Novick Land Surveying: - Point files (ascii format) - Code lists and AutoCAD layering information. - Copies of all field book notes and general information. - AutoCAD base file w/ all existing features including but not limited to roadway, sidewalk, drives, trees, buildings, signs, storm & sanitary sewers, water main, gas, electric, phone, cable, soil boring locations, existing contours, etc. - AutoCAD file with existing right-of-way and adjoining property lines. - Storm and sanitary sewer structure data sheets illustrating structure type, size, pipe flowlines, pipe sizes and pipe types. - Exported 3-D triangles for use in survey tin creation. 4. Geotechnical engineering report (prepared by Terracon). X:\CR\IE\2008\00081012.00\PROJVidministrative\Contract\sos-101508-ICRdwyDsgn.doc 13 --10=21-b8~ 12 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. RESOLUTION AP OVING, AUTHORIZING AND DIREC G MAYOR TO EXECUTE AND TH CITY CLERK TO ATTEST AN AG EMENT BY AND BETWEEN THE CITY F IOWA CITY AND FOTH INF STRUCTURE AND ENVIRONMENTAL, L.L C. TO PROVIDE CONSULT T SERVICES FOR THE SYCAMORE STREET- HWY 6 TO SOUTH CITY IMITS IMPROVEMENT PROJECT. WHEREAS, the CITY of Iowa City d sires to impro and expand the CITY's street system as necessary to satisfy vehicular and pe estrian de nd; and WHEREAS, the reconstruction of Syc~ City will enhance traffic flow in South I WHEREAS, the CITY desires the serv design drawings and specifications for Hwy 6 to South City Limits Improveme feet from Hwy 6 to the south City Limit of Iowa and a consulting firm to prepare preliminary and final ~ and construction of the Sycamore Street - US ;ct; and WHEREAS, the City of Iowa City h negotiat d an Agreement for said consulting services with Foth Infrastructure and Environm tal, L.L.C. t provide said services; and WHEREAS, it is in the public in rest to enter int~said Consultant Agreement with Foth Infrastructure and Environme al, L.L.C. NOW, THEREFORE, BE IT ESOLVED BY THE OUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Consultant Agre ment attached hereto is in he public interest, and is approved as to form and content. 2. The Mayor and t~ City Clerk are hereby autho Consultants Agr ement in triplicate. Passed and ap ATTEST: City Clerk and directed to execute the attached this day of , 2008. Mayor App oved by: ~' ~L , City Attorney's Offic ~~,~ tS v ~ 13 Prepared by: Ron Knoche, City Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 08-319 RESOLUTION FINDING THE NECESSITY TO INSTITUTE EMERGENCY PROCEEDINGS, AND APPROVING THE WORK OF THE REPAIR PROJECT FOR THE IOWA RIVER SANITARY SEWER CROSSING AT IOWA AVENUE. WHEREAS, the Flood of 2008 severely damaged the inverted siphon sanitary sewer crossing the Iowa River upstream of the Iowa Avenue Bridge; and, WHEREAS, the damage to the facility was discovered on August 11, 2008 and attempts to coordinate work with the University of Iowa to complete the repair have proved infeasible; and WHEREAS, the damage to the facility has limited its capacity and increased the potential of failure of the system and release of sewage into the Iowa River; and, WHEREAS, the sewer crossing is located upstream from the University of Iowa Water Treatment Plant; and, WHEREAS, the City has procured a certificate from Dan Holdemess, a competent licensed professional engineer not in the regular employ of the City of Iowa City, certifying that the emergency repairs are necessary; and, WHEREAS, Iowa Code Section 382.103(2) provides that emergency repair may be contracted without holding a public hearing and advertising for bids, and the provisions of Iowa Code Chapter 26 do not apply; and, WHEREAS, it is necessary to institute emergency proceedings to replace the damaged sanitary sewer crossing of the Iowa River. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The above-described damage creates the necessity to institute emergency proceedings under Section 384.103(2), Code of Iowa (2007), as certified by a professional engineer not employed by the City of Iowa City, attached hereto and made a part hereof. 2. The emergency work caused by the flood will be bid in an expedient and proficient manner to prevent serious loss or injury to the City and an increase in the risk of injury to the public. 3. The City Manager is hereby authorized to execute contracts for the replacement of the damaged inverted siphon sanitary sewer. Passed and approved this 21st day of Octol~r , 20 08 r (~ App ~ ved by - ATTEST: %~~~ifit.~ (~/ ''~~ CITY ERK City Attorney's Office pweng\res\IowaRiverSanSewer.doc 10/08 Resolution No. 08-3 ~ 9 Page 2 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 x Hayek ~ O'Donnell x Wilburn x- Wright wpdata/glossary/resolution-ic.doc ~i3 Certificate of Necessity Institution of Emergency Proceedings Repair Project for the Iowa River Sanitary Sewer Crossing at Iowa Avenue I have reviewed the information provided to me by the City of Iowa City regarding the damage to the Iowa River sanitary sewer crossing at Iowa Avenue. My findings are as follows: 1) The flow of the Iowa River scoured six feet below the inverted siphon sewer structure crossing the Iowa River for approximately 80 feet. 2) This scour caused the 14-inch and 8-inch diameter pipes to fail and has compromised the integrity of the remaining 18-inch pipe. 3) The active construction project directly upstream from the sewer crossing increases the failure potential for the 18-inch pipe. 4) The location of the University of Iowa Water Plant downstream from the sewer crossing might cause serious loss or injury to the City and an increase in the risk of injury to the public. I hereby certify the necessity to institute the emergency proceedings under Chapter 384.103 (2), Iowa Code (2007) and that I am a duly licensed Professional Engineer under the laws of the State of Iowa. SIGNED: Daniel oldernes , P.E. Iowa Reg. No. 10,333 DATE: /D,/(~/7ag,? My license renewal date is December 31, 2009 Prep by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319/356-5030 RESOLUTION NO. 08-320 RESOLUTION APPROVING A PURCHASE AGREEMENT FOR APPROXIMATELY 173 ACRES OF LAND LOCATED AT 4748 420TH STREET SOUTHEAST, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the property at 4748 420th Street, Southeast, Iowa City, Iowa, is currently owned by the Trusts established under the will of Veronica Prybil, for the benefit of Wilma Gillmore and Mary Ellen Prybil; and WHEREAS, the attached proposed Offer to Purchase Real Estate provides for the acquisition of the property, which is currently located in Johnson County and used for agricultural purposes; and WHEREAS, the purchase price of $13,500 per acre is based upon a recent appraisal obtained by the City; and WHEREAS, said property is intended to be annexed into the City of Iowa City and to be used as an industrial park; and WHEREAS, the offer is contingent upon City Council Approval; and WHEREAS, it is in the best interests of the citizens of Iowa City for the City to acquire said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached Offer to Purchase Real Estate and Acceptance attached hereto is approved by the City Council. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the purchase of the property pursuant to the purchase agreement as approved herein. Passed and approved this 21st day of o o er , 2008. MA Approved by ~/6 ATTEST: ~~~~ ~' ~e~~7I1z~ ~'` ~ ~~ CIT ERK City Attorney's Office i~,~/ y~v8~ Resolution No. 08-320 Page 2 It was moved by O'Donnell adopted, and upon roll call there were: AYES: x x x .~_ x X x and seconded by Wilburn NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright the Resolution be wpdata/glossary/resolution-ic.doc Purchase and Sale Agreement Page 1 OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE (PURCHASE AND SALE AGREEMENT) TO: Trusts U/W/O Veronica Prybil (hereinafter "Seller"). The City of Iowa City, Iowa, a municipal corporation of the State of Iowa (herein "City"), hereby offers to buy all the Seller's right, title and interest in the real estate consisting of approximately 173 acres, more or less, locally known as 4748 420th Street SE, Iowa City, situated in Johnson County, Iowa, subject to final determination upon survey of the land, and legally described as follows: (legal description to be approved by City Attorney- said legal description is not to include the 80' strip of land subject to pending sale to E&L Prybil General Partnership located along the western boundary of 4748 420th Street) together with all the Seller's right, title and interest in all Buildings and Improvements, if any, located on the above-described real estate, and under any easement and servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications, except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property." The Property shall be conveyed with good, clear, merchantable title, subject to the following "Permitted Exceptions": 1. Zoning and building laws and ordinances; 2. Covenants, restrictions, reservations and easements of record approved by City. In consideration of the covenants and .obligations contained herein, the parties agree as follows: PURCHASE PRICE. City offers to purchase all of Sellers' right, title and interest in the Property for the purchase price of $13,500.00 per acre (the "Per Acre Purchase Price") paid in full at the time of closing, all title objections being corrected to show marketable title. The acreage, and thus final purchase price, will be established either by the Parties' mutual agreement or, at City's sole discretion, based upon a survey of the land performed by a surveyor mutually agreeable to City and Seller at City expense. 2. SURVEY. City may, in its discretion, have a survey of the Property performed, which shall serve as the basis for establishing the actual acreage to be acquired. Said survey shall be of the parcels owned by the Trusts U/W/O Veronica Prybil to the West of Taft Avenue, to the North and South of the Iowa Interstate Railway and to the South of 420th Street SE, as generally represented on the attached "Exhibit A" incorporated herein, but shall not include the 80' strip of land currently owned by Seller but subject to pending sale to E&L Prybil General Partnership (the "80' strip"). 3. ABSTRACT AND TITLE. Seller shall promptly deliver to the City for examination, an abstract of title for the Property, continued to a date subsequent to the date of this Offer, prepared pursuant to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with the government patent to the Property and show merchantable title in Seller, subject only to Permitted Exceptions. The cost of the continuance of an existing abstract shall be paid by the Seller. The Seller shall pay all costs required to deliver marketable title to the Property and Purchase and Sale Agreement Page 2 Seller shall pay the cost of any additional abstracting and/or title work due to acts or omissions of Seller, including transfers or death of Seller or assigns. The abstract shall become the property of the City when the Purchase Price is paid in full. 4. DOCUMENTS DELIVERED AT OR BEFORE CLOSING. A. At the time of closing and upon payment of the Purchase Price, Seller shall deliver the following to the City: 1) A Groundwater Hazard Statement with respect to the Property. 2) A Declaration of Value. 3) All other documents deemed reasonably necessary to satisfy the title objections of the City's Legal Counsel pursuant to a title opinion. 4) A trustee's warranty deed fully executed. 5. POSSESSION AND CLOSING. Subject to the City's approval of title and both City's and Seller's timely performance or waiver of all obligations contained herein, closing shall be held on a date no later than January 31, 2009 (the "Closing Date"). On and after the Closing Date and upon payment of the Purchase Price, the City shall be entitled to the Seller's possessory interest in the property, subject to the current farm tenant's lease, which terminates effective February 28, 2009. Seller shall be entitled to the current farm tenant's rental payment for the 2008 crop year, payable on December 1, 2008. The City shall be entitled to receipt of all rents and profits from the Property due thereafter, if any. 6. CONDITION OF THE PROPERTY. City is purchasing the Real Estate and improvements thereon in their present condition with no warranties or representations from Seller regarding the condition of the property or improvements thereon. Prior to Closing, the City, at its expense; shall have the right to conduct such investigations, inspections and inventories of the Property as it deems reasonable or necessary prior to closing. The Seller hereby grants the City, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable advance notice, oral or written, from time to time after the date of this Offer for the purposes of investigating, inspecting and performing inventories of the Property and to determine if there are any structural, mechanical, plumbing, electrical, or environmental deficiencies, including hazardous materials, substances, conditions, or waste. City may notify Seller in writing of any such deficiency. Failure to do so shall be deemed a waiver of City's inspection and repair rights. In the event of any claim or demand by City as a result of inspections, Seller shall declare and commence one of the following options: (a) making said items operational or functional or otherwise curing the deficiency, or (b) amending this agreement by giving City a credit for the cost of curing the deficiency, or (c) canceling this agreement. If prior to the Closing Date Seller does not promptly cure all such deficiencies in a manner mutually agreeable to the City and Seller, then City may declare this offer null and void. 7. INSURANCE. Seller shall maintain and keep in force and effect all existing property and liability insurance until the Closing Date and delivery of possession. 8. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and Seller shall deliver it intact at the time possession to the City is given, except that Seller or its agent shall have the right to harvest any crops currently planted upon the Property. All risk of loss or damage to the Property is on Seller until the City takes possession. Prior to possession by the City, Seller shall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the City shall have the option to terminate Purchase and Sale Agreement Page 3 this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the City shall have the option to either: (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. City shall be permitted to make a walk through inspection of the property prior to possession and closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. 9. UTILITIES. The Seller shall be responsible for payment of all utility expenses incurred by it or its tenants or other occupants prior to the date of possession by the City, including without limitation of the foregoing sewer, solid waste and water charges which may be assessed for collection pursuant to Iowa Code Section 384.84. Seller warrants that there are no utility services provided to the Property. 10. TAXES. Seller shall pay apro-rata share of taxes on the Property (real and personal) for the fiscal year (July 1 -June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and real estate tax exemptions that may be applicable to and used for the calculation of taxes payable in the fiscal year commencing July 1, 2008. If, at the time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. 11. REMEDIES OF THE PARTIES. In the event of default hereunder, City and Seller are entitled to utilize any and all remedies or actions at law or in equity available to them with respect to this agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 12. SPECIAL ASSESSMENTS. Seller shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before the Closing Date. 13. TIME IS OF THE ESSENCE. Time is of the essence of this agreement. 14. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. 15. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. 16. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. 17. ACCEPTANCE OF OFFER. This Offer shall become null and void at the option of the City unless accepted by the Seller by 5 :00 p.m., October 9, 2008. 18. APPROVAL OF COURT. This Agreement is contingent upon Court approval. Seller shall submit this Agreement for such approval within 10 days of Seller's acceptance of this agreement. If this Agreement is not so approved, either party may declare this Agreement null and void, and all payments made hereunder shall be made to City. 19. OTHER PROVISIONS. A. City acknowledges that the Property is currently subject to a farm tenant's leasehold interest. Seller acknowledges that it has provided. notice of the lease termination to its Purchase and Sale Agreement Page 4 tenant in accordance with Chapter 562 of the Iowa Code and warrants that the lease will terminate effective February 28, 2009. Seller further warrants that no other leasehold interests remain on the Property. Said warranty shall survive the closing of the transaction. B. Seller shall receive an access, drainage and utility easement over the 80' strip upon its conveyance of said strip to E&L Prybil General Partnership. The terms of said easement agreement shall be subject to City approval. Seller shall transfer said easement rights to City at the closing of this transaction. C. City will promptly review and respond to drafts of the proposed easement agreement presented to it by Seller or its agents. D. This Agreement is contingent on the successful annexation of the Property and the 80' strip. E. Seller shall petition the City for voluntary annexation of the Property and the 80' strip within 5 business days of acceptance of this offer. F. This Agreement is also contingent on the City satisfying itself, in its sole discretion, that it will be permitted to install a public railroad crossing to be located on the Property. G. If Seller does not complete the sale of the 80' strip to E&L Prybil General Partnership, City shall have a right of first refusal to acquire ownership rights to said 80' strip for $13,500 per acre. Should the City exercise said right, the terms of the acquisition shall be as set forth in this Agreement. H. This agreement shall be subject to formal approval by the City Council. This Offer is presented to the Seller on this Dlv ~C~ ~~'' , 2008. CITY OF IOWA CITY, IOWA, BUYER Michael Lombardo, City Manager Accepted this ~ day of , 2008. TRUSTS UNV/0 VERONICA PRYBIL SELLER BY: f r MidWe tone Bank, Trustee ~ by us n M. Pence, Vice President & Trust Officer ~~-~ Susan R. vans, Senior Vice President r ~~!~®~~ CITY OF 10WA CITY 14 GRAN DU MEN Date: October 16, 2008 To: City Council From: Michael Lombardo, City Manager Re: Purchase of Land As you are aware, one of the biggest impediments to expanding the City's commercial and industrial base has been the lack of "shovel-ready" sites available for development. We define the term "shovel-ready" to mean a site that is available, fully served by utilities, and developable (e.g. proper zoning). To that end, we have reached an agreement to purchase approximately 173 acres of land adjacent to the existing Scott Six Industrial Park at a price of $13,500/acre ($2.33 million total), which would be paid for through an inter-agency loan from the Landfill. The extension of water and sewer to this area is contemplated in the current Capital Improvement Program and staff is currently developing detailed plans to install this needed infrastructure. With your approval of this acquisition, we will begin working with the current landowner to commence with annexation and rezoning procedures and upon closing we will develop a marketing strategy to expedite resale of the improved parcels for further development. Please let me know if you have additional questions. I look forward to discussing this with you further and to your support of this project.