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Home My WebLink About2003-01-07 Resolution RESOLUTION NO. 03-1 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordin_ance_s,, and having a valid beer, liquor, or wine license/permit, to wit: Summit 10 S. Clinton Street It was moved by Champion and seconded by Vanderhoef that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Passed and approved this 7'ch day of January , 2003 CITY'-CLERK City Attorney's Office clerk\res\danceprm.doc Prepared by: A~ Matthews, Asst. City Attorney, 410 E~ Washington St. Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-2 RESOLUTION OF INTENT TO APPROVE A LEASE AGREEMENT BETWEEN TIlE CITY OF IOWA CITY AND QWEST FOR USE OF IOWA CITY PUBLIC LIBRARY SPACE IN THE FIRST FLOOR ALCOVE FOR A TELECOMMUNICATIONS TELEPHONE PEDESTAL IN ACCORDANCE HEREWITH, AND SETTING A PUBLIC HEARING FOR JANUARY 21, 2003. WHEREAS, Qwest has requested the City lease it space in the Iowa City Public Library first floor alcove for a telecommunications telephone pedestal; and WHEREAS, the City has negotiated a lease with Qwest for use of such space for their telecommunications telephone pedestal in said facility for a term of five (5) years, with automatic renewal periods of five year periods unless either party notifies the other of its intention to terminate the lease by providing written notice of termination to the other party two years prior to the end of the then current five-year lease, which lease agreement is attached hereto and requires City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the attached lease agreement between the City of Iowa City and Qwest for use of Iowa City Public Library space in the first floor alcove for a telecommunications telephone pedestal in accordance with that agreement. 2. A public hearing on said proposed agreement should be and is hereby set for January 21, 2003 at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passedand approved this 7'ch day of danuary _,2003. MAYOR CLERK App~ c ~/,~ by: ~ C I T~Y Cityt'/I/'/~'~'~l?~t~tr'g~[rt~''''~'''/~/A~~ Resolution No. 03-2 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 1 IOWA CITY PUBLIC LIBRARY LEASE This agreement is made and entered into this day of ,2002, by and between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), whose address for the purpose of this lease is 410 E. Washington St., Iowa City, Iowa, 52240, and Qwest Corporation, a Colorado corporation ("Qwest'), whose address for the purpose of this lease is 1801 California St., Denver, Colorado 80202. WITNESSETH THAT: 1. Property leased. In consideration of the mutual terms, agreements, and conditions contained herein, the City agrees to lease unto Qwest, certain property described as the first floor alcove of the expanded and renovated library adjacent to the alley north of said library, which property is situated in Iowa City, Johnson County, Iowa. 2. Term. This lease shall be in effect for five (5) years, beginning the __ day of ,200__ and ending the __ day of ,200__. This lease shall be automatically renewed for additional five year periods unless either party notifies the other of its intention to terminate the lease by providing written notice of termination to the other party two years prior to the end of the then current five-year lease term. 3. Rent. Qwest agrees to pay the City rent for the leased premises as follows: A one-time rental fee of $'19,000, payable on or before the day in which the lease commences. Qwest agrees to pay a one-time fee of $3,505 for construction costs associated with relocating Qwest's telecommunications equipment bank to within the first floor alcove. Qwest shall be responsible for property taxes, if any, on the leased premises. 4. Possession. Qwest shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the City at the time and date of the termination of this lease, except as herein provided. Should the City be unable to give possession on said date, Qwest's only damages shall be a rebate of the pro rata rental. 5. Use of premises. Qwest's use of the premises under this lease shall be limited to a telecommunications telephone pedestal in the first floor alcove as described herein. Qwest's use and facilities shall conform to exhibit A, attached hereto and incorporated herein by this reference. Qwest shall provide unhindered access to the premises to the City for the purposes of maintaining other utilities or facilities within the leased premises, or for inspection or maintennace purposes. However such City use or activities shall not interfere with the use of the premises by Qwest as set forth herein. The City shall provide Qwest unhindered access to the premises leased herein. Qwest shall not use or permit the premises to be used for any unlawful purpose. Qwest shall comply with all local, state and federal codes. 6. Maintenance and repairs. Qwest shall be responsible for maintenance and repair of the leased premises. Qwest shall make no structural alterations or Improvements to the leased premises without first obtaining the City's written approval, which approval shall not be unreasonably withheld. 7. Reasonable care of property. Owest shall not permit or allow any portion of the premises to be damaged by any negligent act or omission of Qwest or its employees, and Qwest agrees to surrender the premises at the expiration of this agreement in as good condition as at the commencement of this agreement, normal wear and tear excepted. Qwest agrees to give the City free access to inspect the premises at all reasonable times. 2 8. Official notices. Notices to the City as herein provided shall be sufficient if sent by regular mail, postage prepaid, to the Library Director, 123 S. Linn St., Iowa City, Iowa 52240. Notices to Qwest shall be sufficient if sent by regular mail, postage prepaid, to: Qwest Right of Way Manager Qwest Law Department 2103 E. University 1801 California, Suite 4900 Des Moines, IA50317 Denver, CO 80202 Attn: Real Estate Attorney 9. Assignment or Transfer. Qwest shall not assign or transfer this lease, or any interest herein, or sublet the premises or any part thereof without the prior written consent of the City. Notwithstanding the foregoing, Qwest may, without obtaining the City's consent, assign or transfer this lease to any entity (a) which Qwest controls, is controlled by or is under common control with; or (b) which succeeds to all or substantially all of Qwest's stock or assets whether by merger, sale or otherwise. 10. Changes to be in writing. This agreement shall not be modified, waived, or abandoned except in writing duly executed by both parties. This agreement contains the whole agreement of the parties, and is not assignable by either party without the written consent of the other. 11. Severability. In the event any portion of this lease is found invalid, the remaining, portions shall be deemed severable and shall remain in full fome and effect. 12. Indemnification. To the fullest extent permitted by law, Qwest shall indemnify and hold harmless the City, its agents, servants, and employees against all claims, demands, and judgments made or recovered against the City for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out of, or in connection with, any acts or omissions or use or misuse of the leased premises by Qwest, its agents, or sublessees, or any one directly or indirectly employed by any one of them. 13. Insurance. Qwest, it its sole cost and expense, shall procure and maintain comprehensive general liability insurance, including bodily and property damage insurance with combined limits of One Million Dollars per occurrence/Two Million Dollars aggregate, and shall name the City as an additional insured, as respects its interest in the leased facility. Qwest shall also carry Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. 3 This agreement shall extend to and be binding upon the heirs, executors, administrators, trustees, successors, receivers, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. CITY OF IOWA CITY, LESSOR QWEST CORPORATION, LESSEE Mayor CHARLES W. GE-N-ESER RIGHT OF WAY MANAGER INNE Attest: ~'.~.-z ~ '~. ~-')~L~' By: City'Clerk Approved by: City Attorney's Office { Iowa City Public'Library 123 South Linn · IowaCity, lowa52240-1820 Susan Craig, Director · Information (319) 356-5200 · Business (319) 356-5206 · Fax (319) 356-5494 DATE: January 7, 2003 TO: Steve Atkins, City Manager , .,~/ FROM: Susan Craig, Library Director RE: Deal with Qwest I wanted to provide a little background and detail on the deal with Qwest that has been finalized and sent on to the City Council. During urban renewal when the current library was built Qwest constructed a pedestal off of the alley north of the library that provides telephone connections to a majority of the downtown area. This pedestal space was in a "cut out" in the back of the library building. At the time Qwest did not reimburse the City for use of that space and there was no easement established for their use of a portion of the library's footprint. During planning for the new library, Qwest was asked to move their pedestal because the space was needed by the Library. Qwest requested that we reconsider because of the expense they would incur to move the pedestal and the extended disruption to downtown telephone service. Joel Miller, the Library Project Manger and Andy Matthews from the City Attorney's Office worked with Qwest to reach the agreement that has been recommended to Council. The pedestal will stay where it is, but be redesigned to take up less space. It will remain inside the footprint of the library building, be enclosed and accessed through a door in the north wall of the library. This secure access will eliminate problems we've had in the past with garbage collecting in the area. Qwest will provide compensation for "buiiding" this 2' X 4.5" space of $3,505 as well as a one time payment of $19,000 for continued use of the space. Joel and Andy deserve credit for negotiating this agreement. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5030 RESOLUTION NO. 03-3 RESOLUTION OF INTENT TO CONVEY A SINGLE FAMILY HOME LOCATED AT 145 SOUTH WESTMINSTER STREET TO A PUBLIC HOUSING PROGRAM TENANT AND SETTING A PUBLIC HEARING FOR JANUARY 21, 2003. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving the Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership Program; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 145 South Westminster Street, Iowa City; and WHEREAS, a public housing program tenant has offered to purchase the home at 145 South Westminster Street for the principal sum of $110,000, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a Pow-income family to obtain ownership of their own home; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 145 South Westminster Street, Iowa City, Iowa, also known as Lot 86 in Oak Woods Addition, Part Two, to a public housing program tenant for the sum of $110,000.00. 2. A public hearing on said proposal should be and is hereby set for January 21, 2003, at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 7th day of ,Januar 2003. Approved by CIT",""CLERK City Attorney's Office Resolution No. 03-3 Page 2 It was moved by Champion and seconded by Vand~rhnef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilbum Prepared by: Dan~ Scott, Sr. Civil Engineer, 410 Em Washington St., Iowa City, IA 52240 319-356-5144 RESOLUTION NO. ' 03-4 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER DAM RENOVATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21st day of January, 2003, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2.' That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 7th day of_. January ,20 03 CI'I'Y"~LERK Ci~'A~orr{ey's Office pweng\res\iarvrdm.doc Resolution No. 03-4 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion ~ Kanner X Lehman ~{ O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-5 RESOLUTION OF INTENT TO CONVEY APPROXIMATELY 5900 SQUARE FEET OF LAFAYETTE STREET RIGHT-OF-WAY TO EAGLE VIEW PROPERTIES, L.L.C., AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR FEBRUARY 4, 2003. WHEREAS, the City Council is considering passage and adoption of an ordinance vacating approximately 5900 square feet of Lafayette Street right-of-way; and WHEREAS, the adjacent property owner, Eagle View Properties, L.L.C., has made an offer to acquire the property for $9,500, subject to easements for existing utilities and the condition that they incorporate their pr,operties west of Capitol Street and north of CRANDIC Railroadinto one lot by auditor s plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to convey its interest in the approximately 5900 square feet of LaFayette Street right-of-way to the adjacent property owner, Eagle View Properties, L.L.C., subject to easements for existing utilities and the condition that they incorporate their p, roperties west of Capitol Street and north of CRANDIC Railroad into one lot by auditors plat. 2. Public hearing on said proposal should be and is hereby set for February 4, 2003 at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is canceled, at the next meeting of the Ci!y Council thereafter as posted by the City Clerk, and that the City Clerk is hereby d~rected to cause notice of said public heanng to be published as provided by law. Passed and approved this 7th day of Januar,y ,20 03 Approv. ed by ATTEST: ~¢-'":"':~,.~..~ ~. '7~.,c.'_..) ~ /.~'~..,~.,~ CITY '61-ERK - mitch/B/E agleView/res-con vey.doc Resolution No. 03-5 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roil call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 03-6 RESOLUTION SETrlNG THE PUBLIC HEARING ON THE SCOTT PARK TRUNK SANITARY SEWER PROJECT AND AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF SAID PUBLIC HEARING TO EACH OWNER OF RECORD OF AGRICULTURAL LAND THAT MAY BE ACQUIRED FOR THE PROJECT. WHEREAS, under the provisions of Chapter 6B of the Iowa Code, a governmental body which proposes to acquire property under power of eminent domain for a public improvement project is required to give notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation prior to declaration intent to fund the site specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn, if necessary, all or a portion of property or an interest in property for the public improvement; and WHEREAS, the proposed Scott Park Trunk Sanitary Sewer Project includes installing, upgrading and repairing a sanitary sewer; and WHEREAS, before the City of Iowa City can proceed to take said actions in connection with said project, the City Council must give notice by mail and publication to owners of agricultural land that may be acquired or, if necessary, condemned for the Project and hold a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Documentation showing the proposed location of the Scott Park Trunk Sanitary Sewer Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the Scott Park Trunk Sanitary Sewer Project is to be held on the 18th day of February, 2003, 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 4. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of said public hearing to be mailed and published as required by law with said Notice to be in substantially the attached form. Resolution No. 03-6 Page 2 Passed and approved this 7th dayof January ,20 03 · Approved by ,, ~ CI'I'~"GLERK City Attorney's Office It was moved by £h~mninn and seconded by Vanderhoef the Resolution be adopted, and upon roll call 'there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR THE SCOTT PARK TRUNK SANITARY SEWER PROJECT TO: Southgate Development Plum Grove 755 Mormon Trek Boulevard P.O. Box 2208 Iowa City, IA 52246 Iowa City, IA 52244-2208 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of thc project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1. DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Scott Park Trunk Sanitary Sewer Project, making the final selection of the route or site location, or acquiring or condemning property rights, if necessary, required for the project. Said project involves construction of a sanitary trunk sewer from Scott Park along Ralston Creek to Lower West Branch Road. 2. PRIVATE PROPERTY RIGHTSMAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Iohnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have to be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the' office of the City Clerk and available for public viewing. 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. In making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the 2 site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property or an interest in property for the project. The public hearing will be held on the 18th day of February, 2003 in the City Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to conwaence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property fights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property fights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Scott Park Trtmk Sanitary Sewer Project please contact the following person: Daniel Scott City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356-5144 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, Iowa has not yet determined to undertake the above-described project or to acquire property fights for the project. This Notice does not constitute an offer to purchase property fights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the fight to acquire private property, you as the owner of property have certain fights. You have the right to: a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 6B.45, 6B54) 3 c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than l0 days before being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. Iowa Code §6B.54) e. Participate in good faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (Iowa Code §6B.3(1)) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code §§ 6B.25 and 6B.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 6B.33 and 6B.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds ll0 percent of the acquiring agency's final offer before condemnation; and (2) if the award on appeal in court is more than the compensation comanissionefs award. (Iowa Code §6B.33) k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4)) 1. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The fights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 6B and 316, For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Marian K. Karr City Clerk END OF PROJECT BEGINNING OF PROJECT COURT S'IREET SCOTT PARK TRUNK SEWER DRAWN: BSM F*LE #: PROJECT AREA [W, TE: 12-02 .... EN~INI=ERIN~ OIV, I$1ON , [ DRAWING: rlr, ailerl SHEET: 1 o~ 1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 03-7 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2438 NEVADA AVENUE, IOWA CITY, IOWA, WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $3,000, executed by the owner of the property on August 13, 1999, and recorded on August 16, 1999, in Book 2807, Page 316 through Page 3~9, in the Johnson County Recorder's Office covering the following described real estate: Lot 134, Lakeside Addition to Iowa City, Iowa, according to the plat thereof WHEREAS, Hills Bank and Trust Company, is refinancing a first mortgage in the amount of $80,000 to the owner of 2438 Nevada Avenue and to secure the loan by a mortgage covering the real estate descdbed above; and WHEREAS, it is necessary that the Mortgage. held by the City be subordinated to the loan of Hills Bank and Trust Company, secured by the proposed mortgage in order to induce Hills Bank and Trust Company, to make such a loan; and WHEREAS, Hills Bank and Trust Company, has requested that the City execute the attac;hed subordination agreement thereby making the City's lien subordinate to the lien of said Mortgage with Hills Bank and Trust Company; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Iowa City, Iowa. Passed and approved this 7th . d~~~ 3 .. CITY-CLERK City Attorney's Office It was moved by Champ'ion and secbnded by Vanden'hoer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ]( Wilburn ppdrehab/res/$ubord2438ncvada.doc SENT BY: [A CITY PERaONEL ; 11-14- 2 10:01AM; 3193565027 => 3193387954; #4/6 SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hi ] I s Bank and Trust Comp_a.~n.y_ of H i 1~ 1.s ,...,I,owa __, herein the Financial institution. WHEREAS, the City is the owner and holder of a certain _ ~lortgage wl~ich at this time are in thc amount of $ ~,000.00, and were executed by Jenny M Powel]~ a sln~ite person (herein the Owner), dated August 13. 1999 ~, ..... recorded August 16, 1999, , in Book 2807 ., Page 316 through 'tlg , Johnson County Recorder's Office, covering the following described real property; Lot 134, Lakeside addition to Iowa City, Iowa, according to the plat thereof. WHEREAS, tile Financial Instit~ttion proposes to loan the sum of $_ ..... 80,000.00 ...... oil promissory note to be executed by the Financial Insfit~Jtion and the Owner, sec~Jring a modgaga covering file real property described above; and WHEREAS, to induce the Financial Institution to make sucl3 loan, it is necessary that tl~e _m?_[tgage held by the City be subordinated to the lien of the modgage proposed to ~-~d~ by th'e Finmnclal institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1 Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgage bald by tile City is and shall contioue to be subject and subordinate to tho lion of the mortgage about to be made by the Financial Institution. Co~tsideration. lbo City acknowk;dges receipt from the Financial institution of One Hundred and Fifty Dollars ($150.00) and other good and valuabJe consideration for its act of m~bordination herein SENT BY: ZA CZTY PERSONEL ; 11-14- 2 10:01AM; 3193565027 => 31933B7954; #5/6 SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien s[~pedor to the mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 10th December day of_ Attest: City"Cterk ,C_.IT_.¥'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ? *4 day of d'--~,~ . 20. 03:_ before me, the undersigned, a Notary Public in and for" the State of Iowa, personally appeared E,C~.cr &¢. /-~¢~,~ and Marian K. Kerr, to me personally known, and, who, being by me duly Sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the faregoiflg irlstrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (4~m¢im~,e) (Resolution) No. O 3 - '7 . passed (the Resolution adopted) by the City Council, under Roll Call No. -- of the City Council on the ? ~'~ day of ~--~F.~2~.,.~o. , 20 0.~ , and that ~,u£s~' cO,..L_,6~aA~ and Marian K. KarrUacknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation. by it voluntarily executed. I SONDRAE FORT '1 ¥.~ Commission Number t 5979t ! L~,~r-~ ~..~. ¢.x T~'q~ I My Commission F. xCres I I 3 - 7- O...A I Notary Public in and for the State of Iowa SENT BY: ZA CITY PERSONEL ; 11-14- 2 10:01AM; 3193565027 => 3193387954; 86/6 SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) JOHNSON COUNTY ) On this 10th day of _D.~ec~e[~ber , A.D. 2002, before me, the uncjersjgned, a Notary Public in_.a~nd for the State of Iowa, personally appeared T~m r~ner and ":~a~et Norris , to me personally known, who being by me duly sworn, did say that they are the Vice President and Loan Officer , respectively, of said corpc~ration executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said T !,~ F ! ne r and Janet Nerri s as such officers acknowledged the execution ~,~ ~-~i~l inmfn~m~nt to _be the voluntary act and deed of said corporation, by it and by them vu~uniarlly executed Brianna H Johnston Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 03-8 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 1628 WILSON STREET, IOWA CITY, IOWA. WHEREAS, on June 15, 2000, the owner of 1628 Wilson Street executed two Mortgages in the amount of $4,694; and WHEREAS, the balances of the loans were paid off on December 1 ;~:, 2002; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1628 Wilson Street, Iowa City, Iowa from a Mortgage recorded July 5, 2000, Book 2984, Page 237 through Page 243, and from a Mortgage recorded July 5, 2000, Book 2984, Page 244 through Page 248 of the Johnson County Recorder's Office. Passed and approved this 7th day o_f Januarv ,_20 03 . Appro~ (~IT~LERK City Attorney's Office It was moved by Champion and seconded by Vandef'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ')(' Vanderhoef × Wilbum ppdrehab/res/1628wilson-fei.doc Prepared by: Liz Osborne, CD Division, 4'10 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1628 Wilson Street, Iowa City, Iowa, and legally described as follows: Lots 37 and 38 in Block 9 in Morningside Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owner, LaVella Kern, to the City of Iowa City in the total amount of $4,694 represented by a Mortgage, recorded July 5, 2000, Book 2984, Page 237 through Page 243 and a Mortgage, recorded July 5, 2000, Book 2984, Page 244 through Page 248 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by CITY~'LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ? ~ day of -~',~ , A.D. 20 o ~, , before me, the undersigned, a Notary Public in and for said County, in sa~d State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said munidpal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority.of its City Council, as contained in Resolution No, O~1- ~' , adopted by the City Council on the ?'"~' day ~, 20 od and that the said Ernest W. Lehman and Marian K. Karr as such officers ca knowl~dged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ppdrehab\1628wilsonrel.doc Notary Public in and for Johnson County, Iowa .'~-I? SONDRAE FORT ICommlssion Numbs' 159791 I'.~[ 1 My Commission F. xpims Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-9 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND A MORTGAGE FOR THE PROPERTY LOCATED AT 1612 EAST COURT STREET, IOWA CITY, IOWA. WHEREAS, on August 26, 1992, the owner of 1612 East Court Street executed a Rehabilitation Agreement, a Promissory Note, and a Mortgage in the amount of $3,600; and WHEREAS, the balance of the loan was paid off on November 4, 2002; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1612 East Court Street, Iowa City, Iowa from a Rehabilitation Agreement recorded September 10, 1992, Book t430, Page 222 through Page 225, and from a Promissory Note recorded September 10, 1992, Book 1430, Page 226, and from a Mortgage recorded September 10, 1992, Book 1430, Page 227 through Page 230 of the Johnson County Recorder's Office. Passed and approved this 7th ~003 MAYOR Approved by CITY C"I_ERK City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: · X Champion X Kanner X Lehman X O'Donnell ~( Pfab X Vanderhoef X Wilburn Prepared by: Liz Osborne, CD Division, 410 E, Washington St.~ Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1612 East Court Street, Iowa City, Iowa, and legally described as follows: Lot 6 in Block 2, in College Court Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 124, Plat Records of Johnson County, Iowa from an obligation of the owner, Mary J. Lee, to the City of Iowa City in the total amount of $3,600 represented by a Rehabilitation Agreement recorded September 10, 1992, Book 1430, Page 222 through Page 225, and from a Promissory Note recorded September 10, 1992, Book 1430, Page 226, and from a Mortgage recorded September 10, 1992, Book 1430, Page 227 through Page 230 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is her.,9~ released from any liens~r clouds upon title to the above property by reason of said p~men~ ~/ _. MAYOI~ Approved by CIYY~t. ERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ? TM day of ~.A~,~ , A.D. 20 ~ ~, , before me, the under- signed, a Notary Public in and for said°County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr. to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o$- ~ , adopted by the City Council on the 1~v~ day ~ '~A~u,A~u , 20 o.~ and that the said Ernest W. Lehman and Marian K. Karr as such office~s acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa - so.D EFo.r I mission Number 159791! y Commlss~ Expires I -~- ~-~;~ I Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTI0N NO 03-10 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND STEPHEN P. FRANZENBURG AND MARIE S. FRANZENBURG, CLIVE, IOWA FOR PROPERTY LOCATED AT 1228 LOUISE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages in the total amount of $5,362, executed by the owner of the property on November 3, 2000, and recorded on November 8, 2000, in Book 3017, Page 175 through Page 181, and in Book 3017, Page 182 through Page 186, in the Johnson County Recorder's Office covering the following described real estate: Lot nine (9), Block six (6), Towncrest Addition to Iowa City, Iowa, according to the plat thereof, recorded in Book 4, Page 323, plat records of Johnson County, Iowa WHEREAS, Stephen P. Franzenburg and Made S. Frenzenburg, are refinancing a first mortgage in the amount of $95,000 to the owner of 1228 Louise Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the loan of Stephen P. Franzenburg and Made S. Franzenburg, secured by the proposed mortgage in order to induce Stephen P. Franzenburg and Marie S. Franzenburg, to make such a loan; and WHEREAS, Stephen P. Franzenburg and Marie S. Franzenburg, have requested that the City execute the attached subordination agreement thereby making the City's lien subordinated the lien of said Mortgage with Stephen P. Franzenburg and Made S. Franzenburg; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Stephen P. Franzenburg and Made S. Franzenburg, Clive, Iowa. Passed and approved this 7th d~ ~.,~_~__3.._. Ap pro, y..e~, by CITY ~3t. ERK City Attorney's Office It was moved by Champion and seconded by Vander'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ppdrehab/res/12281ouise.dcc SUBORDINATION AGREEMENT THIS AGREEMENT is ~rnade by and between .the City of Iowa ~ity, herein tl~e City, and C.[ ~'0~._' ~ .T_.~,~.~._ , herein tht~ Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgages '"~//~_~------~ '"'~ - which at this time is in the amount of $ s:~ and were executed by Jul±e M. Franzenburg & Jill J. Mordick (herein the Owner), dated ~,~v,.,.~,~,- 3 , 2nn0 , recorded November 8~ , 2000. in Book 3017 , Page 17~, through 181 , and dated November 3 2000 recorded No ....~or 8 ' 2999' in Book3017 , Page 182 through 186 Johnson County Recorder's Office, covering the following described real p~y: Lot nine (9), Block six (6), Towncrest Addition to Iowa City, Iowa, according to the plat thereof, recorded in Book 4, Page 323, plat records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ ~5, o~O ,~ on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgages held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Horl:gages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Datedthis 'o--"5 dayof I~.C~=.~-,(.>-.~_,L.. ,20~'z- City )3~'e r k CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .~7 ~ day of '-~-^~. , 20 o5 , before me, the undersigned, a Notary Public in and for ~ the State of Iowa, personally appeared ~~~_~ ~. ~ ~,~ and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ord!..~ence) (Resolution) No. o ~ -/~, passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the day of ~'~u~,~,r~, 20 0~ , and that ~,~-r ~, L~,qt4A~ and Marian K. Kar~ acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Loallk:l SONDRAEFORT I [Commission Number 15~?Sll IC~J'I My_CammissleflExpke~ ! ,~'17~. ~"¢~-~;) I"t~-I ~- ?-o_~ I Notary Public in and for the State of Iowa State of Iowa County of ~)z]~ This instrument was acknowledged before me on ~/')p~e~f D~r~ . ~ Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-11 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 43'1 NORTH VAN BUREN STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $26,661, executed by the owner of the property on May 9, 2002, and recorded on May 17, 2002, in Book 3296, Page 69 through Page 73, in the Johnson County Recorder's Office covering the following described real estate: The east 50 feet of the north 75 feet of Lot 1 in Block 49, in Iowa City, iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record WHEREAS, University of Iowa Community Credit Union, is refinancing a first mortgage in the amount of $91,000 to the owner of 431 North Van Buren Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union, to make such a loan; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated the lien of said Mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above-described real estate to secure the City lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCtL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of IoWa City and University of Iowa C~nmunity Credit Union, Iowa City, Iowa. Passed and approved this 7th day~f/J/Janua~,~ j.., 2~3 . Approved by \ ClTY'GLERK City Attorney's Office Itwas moved by Champion and seconded by Vanden'hoer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ;( Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ppdrehab/res/431NvanBuren-sub.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union of Iowa City, Iowa , herein the Financial Institution, WHEREAS, the City is the owner and holder of a certain Mortgage which at this time are in the amount of $ 26.661 and were executed byStephen K. and Rebecca L. Smith (herein the Owner), dated Ma;f 9, 2002 , , recorded May 17, 2002 . , in Book3296 , Page 69 through _73 , Johnson County Recorder's Office, covering the following described real property: The east 50 feet of the north 75 feet of Lot 1 in Block 49, in Iowa City, Iowa, according to the plat thereof recorded in BOOk 1, Page 116, Plat Records of Johnson County, Iowa, and subject to easements and restrictions of record WHEREAS, the Financial Institution proposes to loan the sum of $ 9[.OO0_OO on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covedng the real property described above; and WHER-EAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted t4nrt?g~ held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mort§age Of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this "~ +/~ day of ...["'-"~ u fi f~ ,20 0L:~ .~OF IOWA CITY,~ /~ FINAI~CIAL INSTITUTION Attest: Donald R Wells City't31erk CITY'S ACKNOWLEDGEMENT STATE OF iOWA ) ) SS: JOHNSON COUNTY ) On this ,,, '7 -e. day of .3'--~,,J..~p_,~ . 20 ~'5, before me, the undersigned, a Notary Public in and for t~[e State of iowa, personally appeared E-r~£~T- /,~. ~.~,vl~,4,/ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in ((;~-~arme) (Resolution) No. '~-- // passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the ? +~ day of ~--~.~z~ , 20 03 , and that _.,~Es'-r' /~. ~MA~ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. t,.SONDRAE FORT Commission Number t59791~ My Comm,ssion Ex,ms I ~. I-o..5 I - Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 27th day of December , A.D. 20 02 . before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Lane Lafler and Donald R Wells , to me personally known, who being by me duly sworn, did say that they are the Mort~za~ze Loan Off~..r and Assistant Vice President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said _Mo~-.t_f~g~_ _Lg_a~ off~ and Assistant Vice President as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, ota~~P ublic in and for the State of Iowa Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-12 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DRAINAGE EASEMENT AGREEMENTS FOR 330 RIDGELAND AVENUE, IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, APEHOUSE, L.C. submitted a grading plan for development of 330 Ridgeland Avenue, Iowa City, Iowa; and WHEREAS, under said plan certain easement rights must be acquired to ensure the proper drainage of the development; and WHEREAS, City staff has approved the location of the proposed drainage easement for this development; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements are in the public interest and advance the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: I The Mayor is hereby authorized to sign and the City Clerk to attest the drainage easement agreements approved by the City. Attorney's Office and Public Works Department for 330 Ridgeland Avenue, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreements in the Johnson County Recorder's Office at the expense of APEHOUSE, L.C. Passed and approved this 7th day of ~,.,~,003.~ CITY'CLERK City Attorney's Office MITCH/B/APEHOUSFJDRAINAGEEASEMNET.RES Resolution No. 03-12 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~- Lehman X O'Donnell X Pfab ~- Vanderhoef X Wilbum Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO, 03-13 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT EASEMENT FOR SEPARATION DISTANCE PURPOSES FOR 330 RIDGELAND AVENUE, IOWA CITY, IOWA, WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, APEHOUSE, L.C. submitted a building permit application for development of 330 Ridgeland Avenue, Iowa City, Iowa; and WHEREAS, under said plan certain easement rights must be acquired to ensure proper separation of said development from the development on the adjacent lot, 316-318 Ridgeland Avenue; and WHEREAS, City staff has approved the location of the proposed easement for this development; and WHEREAS, the easement agreement requires City Council approval; and WHEREAS, the execution of said easement agreement is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the permanent easement agreement for separation distance purposes approved by the City Attorney's Office and Housing and Inspection Services Department for 330 Ridgeland Avenue, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreements in the Johnson County Recorder's Office at the expense of APEHOUSE, L.C. Passed and approved this 7 th day o~ ~IAYOR CITY'CLERK Approvedb.~y ~ ~ di~"Atto'~'ney'~ Office MITCH/B/APEHOUSE/DRAINAGEEASEMNET.RES Resolution No. 03-13 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: ){ Champion X Kanner X Lehman X O'Donnell )~ Pfab X Vanderhoef X Wilbum Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO, 03-14 RESOLUTION ACCEPTING THE WORK FOR THE TRANSIT RE-ROOFING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Transit Re-roofing Project, as included in a contract between the City of Iowa City and Dry Space, Inc. of Cedar Rapids, Iowa, dated September 25, 2002, 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 pdce is $113,802.00. 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 7th day of ,]anaerv .20_,/:13~..,,-, Approved by CITY ~L. ERK ' Ci~'Attorr~ey's (~ffi~'---'" It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab × Vanderhoef X Wilburn Prepared by: Kevin L. Doyle, Assistant Trans. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 03-15 RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART- MENT OF TRANSPORTATION FOR A GRANT UNDER 49 U.S.C. 5307, TO BE USED FOR FY2003 TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING. WHEREAS, the City of Iowa City operates a municipal transit system; and WHEREAS, Section 5307 of Title 49 of the United States Code (U.S.C.) authorizes the Secretary of Transpodation to provide grants for mass transportation projects; and WHEREAS, if the City receives a grant from the U.S. Department of Transportation, the contract for financial assistance will impose certain obligations upon the City, including the obligation to provide the local share of projects costs; and WHEREAS, pursuant to the provisions of Title VI of the Civil Rights Act of 1964, the Department of Tradsportation, in conjunction with the filing of applications for assistance under Title 53 U.S.C. requires an applicant to provide assurances that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation's requirements under Title 53 U.S.C.; and WHEREAS, it is the City's goal to utilize disadvantaged business enterprise to the fullest extent possible in conjunction with this project, and to establish and administer definitive procedures to ensure that disadvantaged businesses shall have the maximum feasible opportunity to compete for contracts when the City procures construction contracts, supplies, equipment contracts, consultants or other services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is authorized to execute and file an application with the U.S. Department of Transportation, on behalf of the City of Iowa City, to aid in financing the City's transit operations pursuant to 49 U.S.C. §5307. 2. The City Manager is authorized to execute and file with said application the required assurances and any other documents required by the U.S. Department of Transportation to satisfy the requirements of Title VI of the Civil Rights Act of 1964. 3. The City Manager, or the Johnson County Council of Governments (JCCOG) - Transportation Planning Division (Transportation Planner or Assistant Transportation Planner) acting as the City Manager's representative, are authorized to furnish such additional information required by the Department of Transportation in connection with said application. Resolution No. 03-15 Page 2 4. The City Manager is authorized to develop and execute affirmative disadvantaged business policies with respect to the project and the project's procurement needs. 5. The City Manager is authorized to execute grant agreements with the U.S. Department of Transportation, on behalf of the City of Iowa City, for aid in financing transit operations and capital improvements. 6. The Johnson County Council of Governments (JCCOG) - Transportation Planning Division - Assistant Transportation Planner [Kevin L. Doyle] is authorized to: (a) submit and review Federal Transit Administration grant applications, quarterly reports, and any other required information; (b) electronically submit the FTA Annual Certification and Assurances required from grantees electronically on behalf of the City of Iowa City and Iowa City Transit with the Federal Transit Administration. An original copy of the FTA Annual Certifications and Assurances will be kept by the City of Iowa City. 7. Upon approval of the grant application by FTA, the grant agreement may be executed electronically by JCCOG Assistant Transportation Planner (Kevin L. Doyle) on behalf of the City Manager, City of Iowa City. Passed and approved this 7th dayof Januar,,v ,20 03. Approved by C~TY"~LERK ' ' "Ci['y Att~ney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: Z Champion X Kanner X Lehman X O'Donnell × Pfab ~( Vanderhoef × Wilburn jcco~tp\fyO2fta~Jowa res.doc Prepared by: Shelley McCafferty, Associated Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 03-16 RESOLUTION APPROVING THE EXTERIOR SlGNAGE FOR "GAMERS" IN THE OLD CAPITOL TOWN CENTER ON CLINTON STREET. WHEREAS, the applicant, Dale Miller, has filed an application for the design approval of exterior signage for "Garners" in the Old Capitol Town Center, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, 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, the design review application for the project, a copy of which is on file in th~ Housing and Inspections Services Department, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior signage for "Gamers" in the Old Capitol Town Center be 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. Passed and approved this 7th day of Janua~-,v ,2003. Approved by CiTY'CLERK City ~,~o~e~s~Offi~:e pweng~res~gamers.dcc Resolution No. 03-16 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Mitchel T. Behr, Assr City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-17 RESOLUTION OF INTENT TO CONVEY THE PLATTED ALLEY IN BLOCK 2?, ORIGINAL TOWN IOWA CITY, IOWA, TO MERCY HOSPITAL, AND SETTING A PUBL C HEAR NG ON SAID CONVEYANCE FOR FEBRUARY 4, 200:3. WHEREAS, the City Council is considerin~passage and adoption of an ordinance vacating the platted alley in Block 27, Original Town, Iowa City, Iowa; and WHEREAS, the adjacent property owner, Mercy Hospital, has made an offer to acquire the property for $1.00 subject to easements for exisbng utilities and the conditions[hat: 1) No direct vehicular access will be sought by or granted to Mercy Hospital to Market Street; 2) The current alley intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; provided, however, the exit-only from the existing .p. arking facility onto Dodge Street will be allowed to remain, and 3) Any overhead ublities relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The CityCouncil does hereby declare its intent to convey its interest in the platted alley in Block 27, Original Town, Iowa City, Iowa to Mercy Hospital for $1.00, subject to the easements for existing utilities and the following conditions: 1) No direct vehicular access will be sought by or granted to Mercy Hospital to Market Street; 2) The current alley intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; provided, however, the exit-only from the existing parking facility onto Dodge Street will be allowed to remain, and 3) Any overhead utilibes relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. 2. Public hearing on said proposal should be and is hereby set for February 4, 200:3 at 7:00 p.m. in Emma J. Harvat Hall of the Civic Center ,410 East Washington Street, Iowa City, Iowa, or if said meeting is canceled, at the next meeting of the City Council thereafter as posted by the City Clerk and that the City Clerk is hereby directed to cause notice of sa d public heanng to be published as provided by law. Passed and approved this 7th day of Januar,y ,20 03 ClTY"6LERK L4[y A~orne, y's umce mitch/8/EagleView/res-convey.doc Resolution No. 03-17 Page 2 It was moved by Champion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum City of Iowa City MEMORANDUM Date: December 31, 2002 To: City Council From: Mitchel T. Behr, Assistant City Attorney ,~4'~::~ Re: Disposition of alley in Block 27, Original Town, to Mercy Hospital As "trustee" of public property, the City Council must dispose of such property in good faith, upon adequate consideration, and upon reasonable and lawful terms. Generally, the principle requiring "adequate consideration" has been recognized to mean that a municipality must obtain fair market value for the property to be conveyed, assuming the transaction does not entail other public benefit. Determining "adequate consideration" or fair market value for parcels of public property, particularly former right-of-way property, can be difficult. The City Council considers the specific facts of each situation when determining the appropriate payment for conveyance of such property. In past conveyances, the amount of consideration has been based on the assessed value of the neighboring property. When available, the appraised value of the subject property or neighboring property can also serve as a basis for the determination of the appropriate amount of consideration. Factors such as the existence of easements which limit the buildable area of the property, the imposition of conditions which limit the use of the property, or a public benefit from the disposition, may support a lower amount of consideration. As indicated in the Staff Report, the Planning & Zoning Commission and City Staff recommend that disposition of the above-referenced alley be subject to a utility easement and the following conditions: 1) No direct vehicular access will be sought by or granted to Mercy Hospital to Market Street; 2) The current alley intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; provided, however, the exit-only from the existing parking facility onto Dodge Street will be allowed to remain; and 3) Any overhead utilities relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. The properties owned by Mercy adjacent to the alley are assessed at between $10 to $12 per square foot. Use of these assessed values would attribute to the alley a value between $63,970 and $76,764. Mercy has offered to purchase the alley property, subject to the conditions stated above, for the sum of $1.00. They have not provided an appraisal. The basis for their offer is explained in a letter from their attorney, Mr. Thomas Gelman. In summary, Mr. Gelman asserts the following: 1) The utility easement to be retained over the alley, which prevents building on the area, diminishes the value of the property; 2) The conditions imposed by the City diminish the value of Mercy's adjacent property; 3) The conditions imposed by the City provide a public benefit to the City; and December 31, 2002 Page 2 4) Mercy will incur costs of approximately $3,684 to close the current curb-cut to the alley and $45,922 if they choose to relocate the overhead utilities from the alley. In support of their $1.00 offer, Mr. Gelman argues that the value to the community of the conditions imposed by the City and the diminution in value of the alley property occasioned by the utility easement offset the fair market value of the alley properly. While City Staff recognizes that the utility easement and conditions imposed by the City may have some impact on the value of the property, Staff cannot support Mercy's $1.00 offer. Staff questions the extent to which the conditions imposed by the City diminish the value of Mercy's adjacent property. Staff also questions the extent to which any such diminution in value, costs to be incurred by Mercy or public benefit resulting from the conditions imposed by the City offset the value of the alley. Staff feels the conditions to be imposed upon this disposition would be necessary in connection with any redevelopment of the adjacent property by Mercy in any event, regardless of the vacation or conveyance of the alley. As you know, there is not a real estate appraiser on City Staff. If City Council has reservations about the $1.00 offer from Mercy, Council may request that Mercy provide an appraisal of the property. Such an appraisal could assess the value of the alley property in light of the current real estate market conditions and the conditions to be imposed upon the disposition by the City. cc: Steve Atkins, City Manager Marian Karr, City Clerk Eleanor Dilkes, City Attorney Sarah Holecek, First Assistant City Attorney Chuck Schmadeke, Director of Public Works Karin Franklin, Director of Planning and Community Development Bob Miklo, Senior Planner, Dept. of Planning and Community Development Mr. Thomas H. Gelman, Attorney for Mercy Hospital PHELAN TUCKER MULLEN WALKER TUCKER GELMAN ELD 321 East Market A T T 0 R N E Y S A T L A W Post Office Box 2150 Iowa Ci[y, Iowa 52244 Phone: (319) 354-1104 Fax: (319) 354-6962 December 20, 2002 E-mail addresses: a~orney's last name ,. Mayor Emie Lehman :c.~ www. ptmlaw.com City Councilors .~ ,.: Civic Center :'- :: ; William V. Phelan410 E. Washington Street Iowa City IA 52240 Bruce L. Walker Re: Mercy Hospital's acquisition of vacated alley Richard M. Tucker Dear Mayor Lehman and City Councilors: lhomas H. Gelman As legal counsel for Mercy Hospital, Iowa City, Iowa, I have been asked to garyJ Schmit forward to you this offer. As you are aware, based upon Mercy Hospital's application (VAC 02-00007) the east/west alley running through Block 27 of the Margaret E Winegarden Original Town of Iowa City is being vacated. Assuming the completion of the vacation process, Mercy Hospital wishes to acquire the alley and by this letter .}ulieb. Pulkrabek offers $1.00. This is based upon the assessed value adjusted for applicable conditions. Such purchase by Mercy would be under such other conditions as John E Beasley may be acceptable to the City and Mercy· Michael J ?ugh* In preparation for making this offer Mercy has completed a comprehensive review of the assessed land of all fourteen taxed properties in the 400, 500 and Dean D Carrington 600 blocks of Bloomington Street in the vicinity of Block 27. All properties, with Susan g. Frye the exception of one, are in the CO1 zone (the exception being 522 Bloomington Street in an RM12 zone). The per square foot land values as assessed by the Iowa City Assessor's Office range from a low of $6/square foot to a high of $13.89/square foot, with the property now owned by Mercy within Block 27 at SarahE Swartzendruber601 Bloomington Street being at $12/square foot. The average of the eight properties used for commercial purposes in the CO 1 zone is $10.11/square foot. Daniel W. Boyle The alley is 6397 square feet as shown on the alley vacation plat prepared on September 20, 2002 by Landmark Surveying & Engineering. At $10.11/square foot this would total $64,673.67. This value represents an approximation of the William M Tucker fair market value of the. 1468 acres before consideration of significant offsetting Retired conditions· Charles A Mullen [1937-2001] *Also admitted in Illinois December 20, 2002 Page 2 ~-~ ...... In connection with the City's approval of the-:¥aeh~nl~ 'of'ttlelalley, three conditions have been imposed as follows: 1. No direct vehicular access will be sou~j~c"by Mercy Ho'sl~Ctal to Market Street; 2. The current alley intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; the exit-only from the existing parking facility onto Dodge Street will be allowed to remain; and 3. Any overhead utilities relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. The first condition imposes a new restriction on all of Mercy Hospital's property that borders Market Street. This restriction burdens the real estate and affects potential uses and has a negative financial impact on the real estate's value. The second condition imposed by the City - closing the alley and restricting any new vehicular access onto Dodge Street - also has a financial impact, both direct and indirect. The direct impact is the cost of removing the alley apron, installing a curb and installing proper landscaping and sidewalk within the right-of-way adjacent to the property. This cost has been reasonably estimated to be $3684. The indirect consequence of this access restriction is a negative financial impact on all of Mercy's real estate bordering Dodge Street. The third condition recognizes that the alley is bordered by an easement for existing utilities. As presently constituted, the utilities and the associated easement restrict any use of the alley for building purposes. Before the alley can be utilized, the third condition requires the utility lines be relocated and preferably placed under ground. Mercy's cost of doing so, as estimated by MidAmerican Energy, will be $45,922. It is evident that the utility easement's burden on the alley is substantial and material in that the real estate cannot be built upon unless the utilities are relocated at a cost of around $46,000. Additionally, Mercy must incur the direct cost ($3684) of removing the alley access to Dodge Street. Furthermore, the covenants restricting access on Dodge Street and Market Street have a material impact on the value of Mercy's property now burdened by these restrictions that provide benefit to the community. The value to the community of the conditions imposed on Mercy's property and the diminution in value of the alley property occasioned by the easement offset the fair market value of the .1468 acres formally comprising the alley. Therefore, Mercy Hospital has offered to purchase this real estate for the sum of $1.00. Mercy is confident that its obtaining this real estate will allow it to provide enhanced community medical services to the Iowa City area. December 20, 2002 Page 3 The City's fullest consideration of this proposal will be much appreciated. THG:kc ~ Prepared by: Ron O'Neil, Airport Manager, 1801 S. Riverside Drive, Iowa City, IA 52246 (319)356-5045 RESOLUTION NO. 03-18 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY IN THE AVIATION COMMERCE PARK WHEREAS, it is a goal of the Airport Commission to generate as much income as possible for the Iowa City Municipal Airport, and; WHEREAS, the Airport Commission and the City Council have worked cooperatively to develop a 17-1ot commercial subdivision on Airport property, and; WHEREAS, the Airport Commission and the City Council have agreed to contract with NAI Iowa Realty Commercial to sell or lease the ~roperty known as the Aviation Commerce Park subdivision, and; WHEREAS, attached, marked Exhibit 1, and ~ncorporated herein is the Listing Agreement that the Iowa City Airport Commission has approved by resolution on January 6, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Council approves the attached agreement, and authorizes the Mayor to sign and the City Clerk to attest said agreement. It was moved by ~¢and seconded by Wil burn the Resolution be adopted, and upon roll call there were: AYES NAYS ABSENT X Lehman X __ Champion ~f __ Kanner X __ Pfab )~ Vanderhoef X Wilburn X __ O'Donnell Passed and approved this 7 day~ January, 2003. Marian'~arr, City Clerk City Attorney's Office LISTING AGREEMENT This Agreement is being made and entered into among NAI Iowa Realty Commercial (hereinafter called "Agent"), the City of Iowa City, a municipal corporation, (hereinafter called "Owner"), and the Iowa City Airport Commission (hereinafter called "Commission") in Iowa City, Iowa. RECITALS: Whereas, the Owner desires now to offer the land lots in Aviation Commerce Park (hereinafter called "the lots" or "the Property") for sale as well as for lease contingent upon approval by the Federal Aviation Administration to sell the lots; Whereas, the Owner desires the Commission to recommend to it whether an offer to purchase should be accepted; Whereas, the Owner desires the said lots may still be offered for lease by the Commission with consultation with the Owner; and Whereas, the Agent desires to be the Owner's agent in selling the lots and the Commission's agent in leasing the lots. AGREEMENTS: NOW, THEREFORE, it is agreed as follows: 1. COMMISSION. The Commission has the sole right and authority to review and approve any land lease transaction. Attached, marked Exhibit "A", and incorporated herein is an agreement for the listing of the lots by Agent. 2. OWNER. The Owner has the sole right and authority to review and approve any land sale transaction The City Manager may accept an offer to purchase on the contingency that said offer must be approved by the Owner. The Owner may not enter into a land sale transaction without receiving the Commission's recommendation. If the Owner rejects the Commission's recommendation, the Owner and the Commission shall meet to discuss the potential sale transaction, but the Owner maintains the sole right and authority to enter into said transaction. 3. SALES AND LEASE PROCEDURES. An outline of the land sales transaction is attached, marked Exhibit "B", and incorporated herein, and shall be utilized for the sale of the lots. An outline of the land lease transaction is attached, marked Exhibit "C", and incorporated herein, and shall be utilized for the lease of the lots. 4. AGENCY. Owner hereby employs Agent and Agent accepts such employment by Owner as the exclusive agent with the sole right and authority, to offer for sale and to sell the land, designated as lots 1-17 on Exhibit "D" which is attached and incorporated herein, (hereinafter referred to as the "Property"). 5. TERM. The term of this Agreement and Agent's employment, right and authority shall be extended for 12 months from the last date affixed below. 6. AGENT'S RESPONSIBILITIES. Agent hereby agrees as follows: a. To secure and compile appropriate and customary written information with respect to the sale of the Property. b. To exert Agent's best efforts to perform its obligations under this Agreement including, but not limited to, enlisting the efforts and resources of Agent's organization, and to: (i) list the Property for ale with any local or other appropriate multiple listing services; (ii) advertise the Property for sale in a commercially prudent manner. Agent shall advertise the Property at terms and conditions that have been approved in advance in writing by Owner and attached hereto as Exhibit "E". Agent acknowledges that the Owner anticipates recording Restrictions and Covenants and that he will notify potential buyers of said restrictions and covenants. c. To submit monthly progress reports to the City Manager and the Airport Manager by the first day of each month, concerning the status of marketing, interested parties and any negotiations together with current market information affecting the Property. At the request of Owner, Agent shall attend.meetings of Owner relative to the scope of this Agreement, and at the request of the Commission, Agent shall attend meetings of Commission relative to the scope of this Agreement. d. To solicit active cooperation from other qualified brokers in the sale of the Property. e. To use its best efforts to sell the Property at the terms approved by Owner. 7. PAYMENT OF SALE COMMISSION. Agent acknowledges and agrees that Owner shall be obligated to pay sales commissions and fees, as set forth below, only to Agent. Agent shall be entirely responsible for payment and satisfaction of any and all co-brokerage obligations due any other brokers or sales agents working with Agent, or who have procured for Agent, or referred to Agent, a buyer. 8. OWNER'S RESPONSIBILITIES. Owner hereby agrees as follows: a. During the term of this Agreement, Owner shall pay Agent a sales fee per transaction for a Buyer procured by Agent as follows: 7% of the first $500,000 of gross sales price 6% of the second $500,000 of gross sale price 5% of the next $1,000,000 of gross sale price 3% thereafter b. In addition, Owner shall pay Agent a sales fee, as set forth above, for a sale effected by Owner within 360 days following the termination of this Agreement, provided: (i) Agent has previously shown the Property to the buyer; (ii) such buyer is included on a written list of prospective buyers submitted to Owner within ten (10) calendar days following the termination of this Agreement. c. Except as specifically set forth herein, to refrain from negotiations with prospective buyers or their agents and to direct to Agent all prospective buyers and their agents, and all brokers, and other persons or entities interested in purchasing the Property. d. To cooperate with Agent and to permit Agent to conduct all negotiations and other dealings with all prospective buyers and their agents. e. At the time of settlement promptly deliver a complete abstract showing good and merchantable title to the date of transfer and execute a warranty deed to the property for delivery to the buyer, or enter into a contract for deed. 9. LISTING AGREEMENT WITH COMMISSION. The Listing Agreement entered into between the Commission and Agent on April 5, 2001, is hereby terminated. Agent waives all fees, commissions, and other financial remuneration that it may be due under said agreement, including but not limited to an early termination fee under Paragraph 2 and a commission for leasing lot 10 to Rob Nichols and fully releases the Commission from any and all liability, including all claims, demands, and causes of action of every nature arising out of said agreement. 10. NON-DISCRIMINATION. Agent covenants its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status, or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Agent shall remain in compliance with all requirements of 49 CFR Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation. 11. TIME OF ESSENCE. Time is of the essence as to this Agreement and each of its terms and provisions. 12. ASSIGNMENT. Agent shall not assign or allow assumption of this Agreement except with prior written consent of Owner and Commission. In the event this Agreement is assigned by Owner in conjunction with the sale of lots, with such an assignment to occur only with the express consent of Agent, Owner shall be released from liability for all matters arising after the effective date of the assignment. 13. NOTICES. Any notice required or permitted to be given hereunder shall be in writing and: As to Owner shall be delivered by: (i) certified mail, return receipt requested; or (ii) prepaid Federal Express or other similar overnight delivery service, in care of City Manager, Iowa City Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. As to Commission shall be delivered by: (i) certified mail, return receipt requested; or (ii) prepaid Federal Express or other similar overnight delivery service, in care of Airport Manager, Iowa City Municipal Airport, 1801 S. Riverside Drive, Iowa City, Iowa 52246. As to Agent shall be delivered by: (i) personal service; (ii) certified mail, return receipt requested; or (iii) prepaid Federal Express or other similar overnight delivery service, addressed to: Tracy K. Overton, NAI Iowa Realty Commercial, 568 Highway 1 West, Iowa City, Iowa 52246. Notice by personal service shall be deemed delivered upon service. Notice by certified mail shall be deemed delivered three business days following deposit of the mailing with adequate postage, addressed to the receiving party's most current address for the purposes of notice, or upon receipt of the certified mailing by the party to whom directed, whichever first occurs. Notice by overnight delivery service shall be deemed given on the next business day following sending of the notice addressed to the receiving party at their most current address for the purposes of notice. Addresses for purposes of notices may be changed by a party from time to time upon providing formal notice of such change to the other party. 1~,. AMENDMENT. This Agreement may be modified in writing only, duly signed by all parties. 15. APPLICABLE LAW. This Agreement is declared to be a contract of the State of Iowa and shall be construed in accordance with the laws of Iowa. 16. ENTIRE AGREEMENT. All negotiations, considerations, representations and understandings, prior proposals or earlier written documents between the parties as to the sale of the Property are incorporated into this Amendment, which contains the entire agreement of the Parties as to the sale of the Property. The Parties agree and acknowledge that no representations, warranties or agreements, other than as set forth in this Amendment have been made by the parties to each other as to the sale of the Property. IN WITNESS WHEREOF, the parties have executed this Amendment as of the __ day of January 2003. AGENT: WITNESS: NAI IOWA REALTY COMMERCIAL Tra'~K(~- O~erto/]n~/~/~g ona D rector COMMISSION: WITNESS: THE IOWA CITY AIRPORT COMMISSION · J~lemE4~;, Secretary Mark ~on, Chairperson 4 COMMISSION ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ~r-~ , 2002, before me, · rot-+ ~ , a Notary' Public in and for the State of Iowa, personally appeared M~. ,~nd~n and ' f,~,~tcu Ooe~t~, ,_to.me i~rsonally known, who, being by me duly sworn. ~id say that/they are the C~hair of the iowa C~ty A~rport Commission,an~nat the instrument was s~gned and sealed on behalf of the Commission, by authority of Resolution No. o3- I ~ passed adopted by the Commission, onthe ~' dayof ,~,,.~,.,.. '~.~2~9-2T and that M~-u and ~ u I ,-~c,, Ou,~ ~-{-,~_ acknowledged the execution of the instrUment to be their voluntary act anf:l deed of the Commission, by it voluntarily executed. Io,~1 SONDRA~ FORT I ~ ~:lCommis~an Number 159791~ I ~1 ~- 7- ~ ~ I Notary Public in and for the State of Iowa OWNER: WITNESS: THE CITY OF IOWA CITY Mad~-K. Karr, City Clerk ' Mayor CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / ~ '~/~ day of '-~,~a~,~e~ , 3002, before me, the undersigned, a notary public in and for the State of Iow~, personally appeared Ernest W. Lehman and Marian K. Kart, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Approved by ~--~ SONORAE FORT 1 ~.lCommission Numbe~ 1597911 City Attorney's Office I'.~ q My Commis~sion _Expires / I -llitll~ I :~-'~ &~ / 5 EXHIBIT A This governs the legal relationship (hereinafter called "Lease Agreement") between NAI Iowa Realty Commercial (hereinafter called "Agent") and the Iowa City Airport Commission (hereinafter called "Commission") with regard to leasing lots 1-17 in Aviation Commerce Park as designated on Exhibit "C" of the Listing Agreement (hereinafter called "the Property"). 1. AGENCY. Commission hereby employs Agent and Agent accepts such employment by Commission as the exclusive agent with the sole right and authority, to offer for lease and to lease the rentable portions of the Property Commission acknowledges that Tracy Overton is its project representative. Agent shall assign Tracy Overton to this project through the expiration of the original term of this Lease Agreement. If Agent assigns a person other than Tracy Overton to this project, said person must be acceptable to Commission. If said person is of equal competence and experience to Tracy Overton, but is not acceptable to Commission, Commission may elect to terminate this Lease Agreement, and if Commission does elect to terminate, Commission shall pay to Agent an early termination fee of $2,500, and not the full early termination fee of $5,000 provided in Paragraph 3 below. If said person is not of equal competence and experience to Tracy Overton and is not acceptable to Commission, Commission may elect to terminate this Lease Agreement without incurring any early termination fee. 2. TERM. The term of this Lease Agreement and Agent's employment, right and authority shall commence upon execution of the Listing Agreement and terminate upon termination of the Listing Agreement, unless sooner terminated by a ninety (90) day written notice by one party to the other party, with or without cause. In the event the parties continue to observe this Lease Agreement following the expiration of its stated term without formally renewing the Lease Agreement, it shall be deemed to continue on a quarter to quarter basis subject to the ongoing termination rights of the parties. 3. EARLY TERMINATION. In the event the Commission elects to terminate this Lease Agreement prior to the expiration of the original term, then Commission shall pay to Agent, at the time of notice, a $5,000.00 termination fee, except as provided in Paragraph 1 above. In the event the Agent elects to terminate Commission prior to the expiration of the original term, Agent agrees to furnish, upon demand by the Commission and without cost, copies of all basic notes and sketches, charts, computations, diagrams, charts, maps, and marketing materials prepared or obtained by Agent pursuant to this Lease Agreement, without restrictions or limitation as to the use relative to the marketing of the Property. In such event, Agent shall not be liable for the use of such documents by the Commission or others. 4. AGENT'S RESPONSIBILITIES. Agent hereby agrees as follows: a. To secure and compile appropriate and customary written information with respect to the leasing of the Property. b. To exert Agent's best efforts to perform its obligations under this Lease Agreement including, but not limited to, enlisting the efforts and resources of Agent's organization, and to: (i) list the Property for Lease with any local or other appropriate multiple listing services; (ii) to place the appropriate signage on the Property; and (iii) advertise the Property for lease in a commercially prudent manner. Agent shall advertise the Property at monthly rentals and terms that have been approved in advance in writing by Commission. c. To submit written monthly progress reports to Commission by the first day of each month beginning February 1, 2003, concerning prospective tenants and the status of any lease negotiations together with current market information affecting the Property. At the request of Commission, Agent shall attend meetings of Commission relative to the scope of this Lease Agreement. d. To solicit active cooperation from other qualified brokers in the leasing of the Property. e. To use its best effods to lease the Property at the rentals and upon the terms approved by Commission. f. Agent will not be held liable for the performance of any term, covenant or condition contained in any agreement pertaining to the Property except as set forth in this Lease Agreement and in any other written Lease Agreement between the parties. 5. PAYMENT OF LEASING COMMISSION. Agent acknowledges and agrees that Commission shall be obligated to pay leasing commissions and fees, as set forth below, only to Agent. Agent shall be entirely responsible for payment and satisfaction of any and all co-brokerage obligations due any other brokers or leasing agents working with Agent, or who have procured for Agent, or referred to Agent, a tenant. 6. COMMISSION'S RESPONSIBILITIES. Commission hereby agrees as follows: a. During the term of this Lease Agreement, Commission shall pay Agent a leasing fee equal to twenty-five cents ($.25) per gross square foot of land area under lease. The leasing fee shall be due and payable in three (3) equal annual installments with the first installment due at the time of lease execution and each of the two remaining annual installments due on/or before the subsequent lease execution anniversary dates. b. In addition, Commission shall pay Agent a leasing fee, as set forth above, for leases executed by Commission within one (1) year following the termination of this Lease Agreement, provided: (i) Agent has previously shown the Premises to that tenant; (ii) Agent has had active negotiations with tenant; and (iii) such tenant is included on a written list of prospective tenants submitted to Commission within ten (10) calendar days following the termination of this Lease Agreement. c. Except as specifically set forth herein, to refrain from negotiations with prospective tenants or their agents and to direct to Agent all prospective tenants and their agents, and all brokers, and other persons or entities interested in leasing the Premises. d. To cooperate with Agent and to permit Agent to conduct all negotiations and other dealings with all prospective tenants and their agents. All tenants, lease terms, and lease conditions shall be approved by Commission; with all leases to be signed by Commission upon Commission's lease form. e. Reasonable and customary expenses incurred by Agent in providing leasing services to the Property shall be at Agent's sole cost and expense. [given that it is doubtful that lots will lease, as opposed to sell, it seems to me that such costs should be dealt w/in the listing agreement itself] 7. COMMISSION INDEMNIFICATION OF AGENT. Commission will indemnify, defend and save Agent safe and harmless from all claims in connection with the Property and from liability for damaged property and injuries to or death of any person, except in those cases where the damage to property or injuries or death to persons is caused by, or contributed to, Agent's willful malfeasance, bad faith, reckless disregard of duty or negligence. EXHIBIT B Aviation Commerce Park Lot Sale Procedures After Purchase Offer has been received by Agent: 1. Agent delivers copy of Offer to City Manager and Airport Manager. 2. Agent works with Airport and City Manager on negotiating favorable terms and conditions, including but not limited to Counter-Offers. 3. Agent forwards copy of final terms and conditions to City Manager and Airport Manager. 4. City Manager may accept offer contingent upon approval by City Council. 5. Agent presents Offer, whether or not accepted by City Manager, to Commission for its recommendations. 6. Commission makes recommendation to Owner. 7. If Owner disagrees with Commission's recommendation, Commission and Owner shall, within a reasonable period of time, meet and discuss said offer prior to Owner's final action, but Owner retains sole right to accept or reject offer. 8. Owner votes on whether to accept offer. EXHIBIT C Aviation Commerce Park Lot Lease Procedures After Lease Offer has been received by Agent: 1. Agent delivers copy of Offer to City Manager and Airport Manager. Agent works with Airport and City Manager on negotiating favorable terms and conditions, including but not limited to Counter-Offers. 3. Agent forwards copy of final terms and conditions to City Manager and Airport Manager. 4. Agent presents Offer to Owner for its recommendations. 5. Owner makes recommendation to Commission. 6. If Commission disagrees with Owner's recommendation, Commission and Owner shall, within a reasonable period of time, meet and discuss said offer prior to Commission's final action, but Commission retains sole right to accept or reject offer. 7. Commission votes on whether to accept offer. ~"--~ -( .... ~'~5 ..... r--d .... ~g ........ ~ ....... _ ; .... : ~ ' ' ~'~ ~ h~' · ~ ~ ' ~ ~ ~ '.... ...~ ~ .-- .~.~..o~-~ ~.~. LEGEND ,AND NOTES EXHIBIT "E" AVIATION COMMERCE PARK Pricing Model Lots Size/SF Price osf. Purchase Price Lease Rate I 60,076 $4.50 270,342.00 $0.29 2 193,482 $2.65 512,727.30 $0.14 3 275,603 $2.65 730,347.95 $0.14 4 313,924 $2.65 831,898.60 $0.14 5 137,904 $3.00 413,712.00 $0.29 6 94,754 $3.30 312,925.09 $0.29 7 42,253 $4.15 175,349.95 $0.29 8 54,250 $4.15 225,137.50 $0.29 9 53,761 $4.15 223,161.91 $0.29 10 92,230 $3.30 304,359.00 $0.29 11 63,429 $3.50 222,001.50 $0.29 12 35,331 $4.10 144,857.10 $0.29 13 39,280 $4.10 161,048.00 $0.29 14 39,454 $4.10 161,761.40 $0~29 15 39,423 $4.10 161,634.30 $0.29 16 38,919 $4.10 159,567.90 $0.29 1_[7 46,628 $4.00 186,512.00 $0.29 TOTALS 1,620,701 $ 5,197,343.50 $ 3.21 of December, 2002. and adjustment at Commission/Owner's discretion. IOWA CITY MUNICIPAL AIRPORT 1801 South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 3546-5045 Memorandum To: Airport Commission and City Council From: SteRoid. Date: Decerflber 18, 2002 Re: Sale agreement, Aviation Commerce Park In an effort to increase the prospects for generating income from the property known as the Aviation Commerce Park, the Airport Commission has suggested to the Council that the realtor should have the option of selling or leasing the 17 commercial lots. The Council indicated they were receptive to that idea and the Commission has been working towards meeting the requirements to sell the property. An agreement to lease the property has been in place for the last several months. Before the property can be sold, a waiver needs to be obtained from the Federal Aviation Administration. This is required because of the assurances attached to the grants received from the FAA. An application for a waiver has been sent to the FAA and was discussed with them at a meeting on December 4. They requested additional information and this has been forwarded to them. If there are no other concerns from the FAA, the waiver should be issued in the next few weeks. The agreement for consideration by the Commission and Council would allow for sale or lease of the property. If the property were to be leased, all transactions would be the responsibility of the Airport Commission. If the offer were to buy the property, the Council would have the final decision, after a recommendation from the Commission. Details of the sales procedure are included as "Exhibit B" of the agreement. We have reviewed the agreement and consider it in the best interest of the Council and Commission to approve it. Having the flexibility to sell or lease the property should provide the realtor with the competitive edge needed to market the property. 2. TERM. The term of this Agreement and Agent's employment, right and authority shall be for 12 months from the last date affixed below. 6. ;ENT'S RESPONSIBILITIES. Agent hereby agrees as follows: .~ /. a. To secure and compile appropriate and customary written information with sale of the Property. ~ b. exert Agent's best efforts to perform its obligations under this Agreement includin ~ut not limited to, enlisting the efforts and resources~f Agent's organization, and to: the Property for ale with any local or other appropriate multiple listing services; the Property for sale in a commerc~jaily prudent manner. Agent shall ~e Property at terms and conditions that have been approved in advance in writingby er and attached hereto as Exhibit "D". Agent acknowledges that the Owner antici Restrictions and Covenants and that he will notify potential buyers of said c. To submit progress reports t0 the City Manager and the Airport Manager by the first of each month, concerning the status of marketing, interested parties and any :ions together with current market information affecting the Property. At the Owner, Agent shall attend meetings of Owner relative to the scope of this Agreement, ~d at the request of the Commission, Agent shall attend meetings of Commission to the scope of this Agreement. d. To solicit active coope~ ~n from other qualified brokers in the sale of the Property. e. To use its best efforts to sell at the terms approved by Owner. 7. PAYMENT OF SALE COi~IMISSION. ,~dges and agrees that Owner shall be obligated to pay sales commissions and fees, set forth below, only to Agent. Agent shall be entirely responsible for payment and satisfactic any and all co-brokerage obligations due any other brokers or sales agents working with or who have procured for Agent, or referred to Agent, a buyer. 8. OWNER'S RESPONSIBILITIES. Owner hereby a. During the term of this Agreement, Owner ~all pay Agent a sales fee per transaction for a Buyer procured by Ag~ 7% of the first $500,000 of gNs sales price 6% of the second $500,000 of ~(oss sale price 5% of the next $1,000,000 of gro's,,s sale price 3% thereafter ~, b.' In addition, Owner shall pay Agent a sales fee, as set fol~ above, for a sale , effected by Owner within 360 days following the termination"~f this Agreement, , provided: (i) Agent has previously shown the Property to the~buyer; (ii) such // buyer is included on a written list of prospective buyers subn~ed to Owner ,~. within ten (10) calendar days following the termination of this Agre~t. c. Except as specifically set forth herein, to refrain from negd~atibns with prospective buyers or their agents and to direct to Agent all prospe'ctive buyers 167 Heady Hall Iowa State University Ames IA 50011 515.294.7458 dswenson@iastate,edu February 22, 2002 Steven Kanner City Councilmember 630 S. Governor, #1 Iowa City, IA 52240 Dear Mr. Kanner, Thank you for your letter inquiring about the use of the findings in the study that I conducted for the Iowa Department of Transportation on the Iowa's air transportation industry. The newspaper article that you enclosed contains the following statement regarding that research: An Iowa Department of Transportation survey done in 2000 with Iowa State University shows the Iowa City airport has a total economic impact in Johnson County of $'/7,882,347 a year. (Cedar Rapids Gazette, Sunday, February 17, 2002, page 1D & SD) That simple sentence contains several misinterpretations of our work and it misrepresents our relationship with IDOT. 1. The study was not a survey, it was an input-output accounting of the Iowa economy in which air transportation was assessed. 2. The study was conducted by Liesl Eathington and myself as private consultants to IDOT. That research is not considered nor should it be considered an Iowa State University report or an IDOT and an ISU collaboration. 3. We are very cautious about using "economic impact" as a conclusion for any of our findings - there is an extended discussion about terminology and our intentions in the report. 4. Finally, the person quoted seriously mischaracterizes the research when he attributes the economic values to the Iowa City airport. To the point: our report studies the air transportation industry not just airports. The air transportation industry as we defined it broadly in our study included The total output of the air transportation services in the study areas would involve all private and public gross sales of any air cargo, air carrier, air courier, letter or package delivery, air taxis, air ambulances, and charter services utilizing airport facilities. Finally, we would add all output that is associated with the physical operations of the airport or airports that are located in the county of study. (my emphasis) Page 4. An appendix to that study listed the exact industries that were summarized in our report. As is readily evident there is a substantial amount of air transportation transactions that were measured by our study for the county that are both beyond the operations and capacity of the local airport and which represent a rich array of air transportation services demanded by citizens, institutions, and commerce in Johnson Count~. This study would have identified, for example, carrier service ticket sales originating in the county even though those tickets were used out of county. The students, staff, and faculty of the University of Iowa are huge purchasers of commercial tickets. Most of those arrangements would have been made locally. Those values count as air transportation services in the county. This study would have identified the apportioned value of air transportation courier and cargo services to the goods and services that residents in the area consumed and the goods and the services that public and private institutions in the area produced. It is my guess that at least a preponderance, if Page 2 February 22, 2002 not the majority, of air transportation economic activity that we identified in the Johnson County area is facilitated via the commercial and cargo operations located in Cedar Rapids. Our study did not look at the Iowa City airport nor draw conclusions about it. Our study looked at the Johnson County air transportation economy, of which the Iowa City airport is a subset. When we accounted for all of the air transportation industrial output in Johnson County for the study year, it amounted to $11.1 million dollars. We estimated that those direct sales in air transportation services, very broadly defined in our study, helped stimulate an additional $6.8 million in regional industrial output either by firms supplying goods and services to the air transportation industry or through the induced effects of workers spending their paychecks in the local economy. This is where the $17.9 million figure quoted in the article comes from. To reiterate, according to our estimates, the air transportation industry, which consists primarily of commercial carrier ticket sales and cargo purchases, is responsible for $17.9 million in total industrial output in the Johnson County economy via its direct output, its linkages with the rest of the supplying industries in the region, and from the household spending of workers associated directly or indirectly with the industry. Finally, we usually restrict our use of the term "economic impact" to situations where we are clearly discerning causality. The air transportation industry in general is a final household consumption good or an intermediate good for commerce, institutions, and industry (notwithstanding the hyperbole following the 9-11-01 disaster). We were careful in our report to not use the term economic impact when describing our findings, and we take pains in our narrative to educate the users of our research as to the proper manners to which our research should be put. Unfortunately, we cannot control how our research is used either by advocates or detractors of an issue. I hope that this has answered your concerns. You are certainly welcome to call me or write again if you have questions, Yours sincerely, ? David Swenson Prepared by: Shelley McCalferty, Ass0date Planner, 410 E. Washingt0~ St., Iowa City, IA 52240; 319.356-5243 (SUB02-00021) RESOLUTION NO. 03-19 RESOLUTION APPROVING THE PRELIMINARY PLAT OF RUPPERT HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Chades Ruppert Etal., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Ruppert Hills; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Ruppert Hills, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this ATTEST: ~~ CiTY'CLERK It was moved by Vandet-hoef and seconded by adopted, and upon roll call there were: ppdadmin~res~prelim-res,doc 7th day of J ap~'J)'y ,2003. Approved by Pfab the Resolution be AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Prepared by: Madlyn Kdz, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 03-20 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REPLACEMENT OF THE CITY PARK POOL FILTRATION SYSTEM, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general cimulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 28~ day of January, 2003, or at a later date and/or time as determined by the Director of Parks and Recreation or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the Parks and Recreation Director or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 4u' day of February, 2003, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 7th day of ,January ,2003 ATTEST: ,/~"~"'¢~ ¢-¢.~ CITY'CLERK /Cit~ -A'~Srney's Office Resolution No. 03-20 Page 2 It was moved by Champion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ){ Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Susan Dulek, Assistant City Attomey, 410 E. Washington St., Iowa City, iA 52240 (319)356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 426 BAYARD STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. WHEREAS, under Iowa Code section 364.12A, a city may condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing; and WHEREAS, the property locally known as 426 Bayard Street, which contains a single-family dwelling and a detached garage, is a public nuisance; and WHEREAS, since at least1997, said property has been the subject of numerous complaints, citations, and notices of violations due to tall weeds and snow on the public sidewalk, inoperable vehicles parked in the yard, unsafe electrical system, and accumulation of junk, and dangerous building; and WHEREAS, in March, 1997, the City received complaints concerning garbage and junk in yard, inoperable vehicles parked in the grass and the generally poor condition of the structures; and WHEREAS, on March 10,1997, the City sent Notices of Violation for garbage and for inoperable vehicles to Lewis Investments, Inc. and Mary Lea; and WHEREAS, on March 17, 1997, the City sent a Notice of Violation to Lewis Investments, Inc. concerning structural code violations that applied to the house and the garage; and WHEREAS, on April 2, 1997, during a meeting with City staff, Charles Johnston, who was representing Lewis Investments, Inc., agreed to take responsibility for the property and to comply with a time table for the clean up and repair that provided the vehicles were to be removed immediately, the garbage removed by May 9,1997, and the repairs made by September 8, 1997; and WHEREAS, on April 9, 1997, a copy of the Notice of Violation concerning junk and garbage originally sent March 10, 1997 to Lewis Investments, Inc. was sent to Charles Johnston; and WHEREAS, on April 14, 1997, a City Inspector found that inoperable vehicles still on property; and WHEREAS, on April 24, 1997, the City sent a Notice to Abate inoperable vehicles to Charles Johnston via certified mail; and WHEREAS, on May 5, 1997, a City Inspector noted that vehicles had been removed but garbage and junk were still on property; and WHEREAS, on May 9, 1997, the City issued a municipal citation to Lewis Investments, Inc. issued for junk and garbage; and WHEREAS, on May 27, 1997, the court ordered that Lewis Investments, Inc. to have the property cleaned up by June 1, 1997; and WHEREAS, on May 30, 1997, the City sent a letter to Charles Johnston reminding him of the court order and stating that if the property was not cleaned up, the City would do it and assess costs to property; and WHEREAS, on June 2, 1997, a City inspector found the property still not cleaned up; and WHEREAS, on June 3, 1997, a City inspector met Charles Johnston at 426 Bayard, and Mr. Johnston committed to have the property cleaned up by June 16, 1997; and WHEREAS, on June 16, 1997, City inspectors noted that most of the debris had been cleaned up, but that four (4) items still remained (clothes washer, two lawn mowers and rubber mat) and Charles Johnston assured the inspectors that they were being taken care of; and WHEREAS, in April 1998, a City Inspector found the four (4) items were still on the property as well as some additional items; and WHEREAS, on September 8, 1997, a City inspection showed that no progress had been made on repairs to the structures on the property; and WHEREAS, on November 14, 1997, the City issued two municipal citations for failing to repair the house and the garage; and WHEREAS, on January 27, 1998, the City sent a Snow Violation Notice to Lewis Investments, Inc.; and WHEREAS, on February 18, 1998, Charles Johnston entered a plea agreement in the municipal citations issued on November 14, 1997 in which he agreed to do the repairs by April 17, 1998; and WHEREAS, on May 5, 1998, Charles Johnston had done the repairs; and WHEREAS, on November 19, 1998, a City inspection report shows that the same violations that existed on the house and garage in the spring of 1997 still existed; and WHEREAS, on April 14, 1999, the City posted the house as a dangerous building; and WHEREAS, on May 11, 1999, the City sent to Lewis Investments, Inc. cio Richard Blackburn a Dangerous Building and Order to Repair notice; and WHEREAS, on May 14, 1999, the City sent the same notification to Richard Blackburn to Lewis Investments, Inc. cio David Wergeland, Phoenix, Arizona, and the order gave until August 1 to make repairs; and WHEREAS, on September 15, 1999, the City sent a Notice of Violation for tall grass and weeds; and WHEREAS, on September 15, 1999, the City issued a municipal citation for failing to repair a dangerous building; and WHEREAS, on October 7, 1999, the court found Lewis Investments, Inc. in violation of the City Code and ordered it to abate the dangerous building immediately, and if not, the City is given the right to make repairs and assess the costs to the property or demolish the property; and WHEREAS, on March 27, 2000, the City sent a Notice of Violation for unsafe electrical system; and WHEREAS, on March 27, 2000, the City sent a Dangerous Building and Order to Vacate, Repair or Demolish notification to Lewis Investments, Inc. with a May 1 deadline; and WHEREAS, on June 16, 2000, the electrical service to the house was terminated per Notice of Violation of February 27, 2000 and staff believes that the house has not had electrical service since then; and WHEREAS, on August 15, 2000, the Board of Appeals affirmed the City's decision finding the house to be a dangerous building and authorized demolition unless Lewis Investments, Inc. posted a performance bond; and WHEREAS, on November 11, 2000, the Court entered a temporary injunction preventing demolition until issues regarding the performance bond were resolved; and WHEREAS, on June 14,2001, the City sent a letter to Lewis Investments, Inc. requiring registration of vacant building in 30 days and the building has never been registered; and WHEREAS, on July 25, 2001, the City sent a Notice of Violation sent for weeds and junk on property; and WHEREAS, on November 27,2001, the City and Lewis Investments, Inc. entered into an agreement in the injunction lawsuit, in which the City agreed not to demolish the house and Lewis Investments, Inc. agreed to the following: By 1/18/2002 permit an inspection of the structures by a third party agreeable to both parties who could evaluate the condition of the structures and generate a report; by 2/15/2002, submit for approval a preliminary plan of repair and construction schedule; by 3/2/2002, submit a final repair plan including the finalized schedule; by 3/15/2002, provide a list of contractors and copies of contracts for the repair work; and by 5/1/02, all work was to be completed; and WHEREAS, Lewis Investments, Inc. has not fully complied with the agreement reached on November 27, 2001 and the work is still not completed; WHEREAS, on March 15, 2002, Lewis Investments, Inc. applied for a building permit that the City found inadequate; and WHEREAS, on April 5,2002, the City issued a building permit with the condition that all work specified in the report must be completed by May 1, 2002, and the work is still not complete; and WHEREAS, on June 7, 2002, the City issued a tall grass and weed Notice of Violation to Lewis Investments, Inc.; and WHEREAS, on November 21, 2002, the district court dissolved the temporary injunction; WHEREAS, the house is currently not secure; and WHEREAS, the house has not been inhabited for at least five (5) years; and WHEREAS, absent intervention it is highly likely that said property that will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house will no longer be salvageable; and WHEREAS, the title holder of record of 426 Bayard Street is Lewis Investments, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The property locally known as 426 Bayard Street is a public nuisance. 2. It is in the public interest of the City of Iowa City to acquire said property for the public purpose of disposing of said property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing pursuant to Iowa Code section 364.12A. 2. The City manager, or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 3. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of said property. 4. The City Manager, or designee, is authorized to sign offers of purchase and purchase agreements for the purchase of said property. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the property cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of said property. Passed and approved this . day of ,2002. MAYOR Approved by ATTEST: ~ ~ I' o~-o ~ CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn SU¢\ord&res\426Bayard Res,doc Prepared by: Stephen J. Atkins, City Manager, 410 E Washington Street, Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO, 03-21 RESOLUTION OF SUPPORT FOR THE IOWA CITY COMMUNITY SCHOOL DISTRICT BOND REFERENDUM TO BE HELD ON FEBRUARY 11, 2003 WHEREAS, the City Council of the City of Iowa City recognizes the importance of education to the overall success and quality of life in a community; and WHEREAS, the Iowa City Community School District provides superior educational opportunities to its students across a broad spectrum of interests; and WHEREAS, enrollment in the Iowa City Community School District is growing at such a rate that the present facilities are becoming overcrowded and, in some cases, are already overcapacity; and WHEREAS, the Iowa City Community School Board has heretofore outlined a plan to ease the overcrowding by constructing a variety of new facilities throughout the school district; and WHEREAS, said facilities will be financed via the issuance of $39 million in bonds, which is the subject of the February 11, 2003, referendum; and WHEREAS, the City Council of the City of Iowa City feels it is necessary to address the overcrowding issue to ensure the quality of education provided to the students; and WHEREAS, passage of the February 11, 2003, bond referendum is necessary to ensure the quality education of our young people into the coming years. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Iowa City, Johnson County, Iowa, that this City Council supports the Iowa City Community School Board's efforts to pass the School Bond referendum scheduled for February 11, 2003. Further, the City Council urges its citizens become informed on the issue and vote on February 11, 2003. Passed and approved this 7thday of Janua~"iL~~~~/~~ "rvlaYOR" A~roved by ~ CITY"GLERK City Attorney's Office Itwas moved by Champ'ion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYES: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn