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HomeMy WebLinkAbout1979-03-13 ResolutionRESOLUTION N0. 79-102 RESOLUTION APPROVING CLASS C Li uor LIQUOR CONTROL LICENSE APPLTUTION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes C Liquor Control License application is hereby approve or the following named person or persons at the following described location: B.P.O. Elks #590, 637 Foster Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law, The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Neuhauser and seconded by Perret that the Resolution as rea a adopted, and upon_r_oT1 caTT there were: Passed and approved this 13th day of 'March 19 79 r � Attest: City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IdDInEs AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of 'March 19 79 r � Attest: City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IdDInEs I RESOLUTION NO. 79-103 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: B.P.O. Elks #590, 637 Foster Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of March 19 79 Attest: City Clerk r Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IrAffAEA RESOLUTION NO. 79-104 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiCAT7t3A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�ior the following named person or persons at the following described location: Rugger -Burns Restaurant, Inc. dba/Gringo's, 115 E. College St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Per et that the Resolution as read be adopted, and upon rollcall there were: AYES: NAYS: ABSENT: Balmer y- deProsse Erdahl x Neuhauser x Perret x Roberta Vevera x Passed and approved this 13th day of March 19 79 Mayor Attest: City Clerk y99 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Ij d RESOLUTION NO. 79-105 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Classr t e fSunday Permit application is hereby approved foollowing named person or persons at the following described location: Rugger -Burns Restaurant, Inc. dba/Gringo's, 115 E. College St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of March 79 19 79 Mayor Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES y99 RESOLUTION NO. 79-106 h RESOLUTION APPROVING CLASS C Liquor LIQUOR CONTROL LICENSE APPL BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes ___X� Liquor Control License application is hereby approved for the following named person or persona at the following described location: Sheep's Head, Ltd. dba Sheep's Head Cafe, 209 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by erret that the Resolution as read e —badopted, and upon ro l call there were: AYES: NAYS: ABSENT: Balmer y_ deProsse Erdahl _x _ Neuhauser x _ Perret x Roberta x Vevera x _ Passed and approved this 13th day of March , 19 79 Attest: f�a City Clerk Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101?1E5 s0o RESOLUTION NO. 7979 RESOLUTION OF APPROVAL OF CLASSq ' SUNDAY PERMIT APPLICATIONLiquor' BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor _ Sunday Permit application is hereby approved for the following named person or persons at the following described location: Sheep's Head, Ltd. dba Sheep's Head Cafe, 209 North Linn St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and - that the Resolution as read be adopted5eandded uponyro lerret call there were: AYES: NAYS: ABSENT: Balmer Ix deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th 19 79 day of March Mayor Attest: L l City Clerk s'oo / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOINES r Y (I v RESOLUTION NO. 79-108 RESOLUTION TO REFUND CIGARETTE PERMIT WIIEREAS, Dennis Ellis dba/0'Brien's at 119 Iowa Ave. In Iowa City, Iowa, hes surrendered cigarette permit No. 79-143 expiring June 3079 I 19 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 79-143 , issued to nannic F11ic rlha/O'Bri n'c t be cancelled, and i BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to drew a warrant on the General Fund in the amount of $ 25.00 payable to Dennis Ellis dba/O'Brien's as a refund on cigarette permit No. 79-143 . It was moved by Neuhauser and seconded by Perret that the Resolution as reed be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl _X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 13th day of March , 1979 Mayor Attest: Gu i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140HIEs SO/ RESOLUTION NO. 79-109 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Taco Grande of Southeast Iowa, Inc. dba Taco Grande, 331 E. Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. i The Cityy Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. IIt was moved by and seconded byPerrpt that the Resolution as read be adopted, and upon-r—oll ca ll there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x _ Perret x Roberts x Vevera x Passed and approved this 11th day of March , 19 79 Mayor Attest: City Clerk 5-0 2 - MICROFILMED MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1,1011iES I �L� RESOLUTION NO. 79-110 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Taco Grande of Southeast Iowa, Inc. dba Taco Grande, 331 East Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts v Vevera x Passed and approved this 13th day of March 19 79. Mayor Attest: u�J City Clerk 14 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES .562 ESOLUTION NO. 79-111 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiL'A1 M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class �C_ Liquor Control License application is hereby approved for the following named person or persons at the following described location: Magoo's Inc., dba Magoo's, 206 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as rare adopted, and upon roZ�caIi there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x _ Perret x Roberts x x Vevera i Passed and approved this 13th day of March lg 79 Mayor Attest: City Clerk IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES RESOLUTION NO. 79-112 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO SELL AN INTEREST IN REAL PROPERTY. WHEREAS, it is in the public interest to locate the new Johnson County jail and Sheriff's offices within Iowa City, and WHEREAS, it is in the public interest to maintain a vista of Old Capitol on the southerly approach, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that: 1. The City Council proposesto convey to the State of Iowa a scenic easement over the Capitol Street right-of-way between the northerly line of Court Street and the northerly line of the Rock Island Railroad right-of-way. Said easement shall be perpetual and shall covenant that no building will ever be built on that right-of-way and that it would be maintained as open space for street or other non -building use. The easement shall be conveyed for a public purpose and for no consideration. 2. A public hearing shall be held on March 20, 1979, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa at 7:30 P.M. 3. The City Clerk is hereby directed to publish notice of the public hearing. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret _ x Roberts x Vevera Passed and approved this 13th day of March, 1979.�J�� MAYOR ATTEST: TY CLERK ' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HONES RECEIVED & APPROVrD BY TaE LEGAL DEPARTXW 50�f RESOLUTION NO. 79-113 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO SELL REAL PROPERTY. WHEREAS, it is in the public interest to locate the new Johnson County jail and Sheriff's offices within Iowa City, and WHEREAS, it is in the public interest to maintain a vista of Old Capitol on the southerly approach, NOW THEREFORE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, Iowa, that: I. The City Council proposes to convey the following real properties, to wit: Harrison Street from the westerly right- of-way of Capitol Street to the easterly right-of-way of Madison Street to the State of Iowa for a public purpose for no consideration. 2. The City Clerk is hereby directed to publish notice of a public hearing. 3. A public hearing shall be held on March 20, 1979, at 7:30 P.M. in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. It was moved by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of March, 1979. MAYOR ATTEST: ,�(J GHY CLERK i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES ItI117tiIM A 9.FFROVO BY TEE IFEQJ, DEPARLMM SOS' RESOLUTION NO. 79"114 RESOLUTION APPROVING FINAL PLAT OF LYN-DEN HEIGHTS SUBDIVISION PART TWO WHEREAS, the owner and p• o,,rietor, John D. Oaks and Marie B. Fuhrmeister, have file;: with the City Clerk a final plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the Southwest Corner of the East Half (1/2) of the Northeast Quarter (1/4) of Section 36, Township 80 North, Range 6 West of the 5th Principal Meridian; Thence East 573.00 feet to the Point of Beginning; Thence N 00°49'38"w, 1000.00 feet; Thence East 722.83 feet to the centerline of the County Road; Thence Southeasterly along said intersecting County Road centerline the following courses; S 00°36'09"E, 678.25 feet; Thence Southeasterly 220.08 feet on a 300.00 foot radius curve, concave Northeasterly whose 215.18 foot chord bears S 21037'07"E; Thence S 42°38105"E, 165.34 feet; Thence West, 906.80 feet to the Point of Beginning. Said tract of land containing 17.03 acres. WHEREAS, said property is owned by the above named individuals and the dedication has been made with their free consent and in accordance with their desire and intent. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdivision be accepted and approved. WHEREAS, the subdivision is located outside the corporate limits of the City of Iowa City, Iowa, but within a distance of two miles thereof. WHEREAS, the owners have executed an Agreement with the City of Iowa City, Iowa, pertaining to the dedication of certain improvements upon annexation of the subdivision to the City of Iowa City, Iowa. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Iowa City, Iowa, that said final plat and subdivision located on the above described property be and the same is hereby approved. Al �'y h� ? car.! Daperl;ncnt MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1I011jEs JAN 1 AE !E STOLTU , CMC CITY CLL'r (3) S/D I� JAN 1 AE !E STOLTU , CMC CITY CLL'r (3) S/D Res. No. 79-114 —2— BE IT RESOLVED FURTHER that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY, IOWA By: GZ Mayor By: City Clerk The above and foregoing Resolution was introduced by Council PersonNeuhaus�r who moved its adoption. It was seconded by Counci person Ralm r After discussion, the following roll was called: Aye: Nay: Absent: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera WHEREUPON the Mayor declared the motion duly carried and the Resolution duly adopted this 13th day of March , 1979. Attest: City C4prk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIDINES Mayor RESOLUTION NO. 79-115 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY TO THE ECUMENICAL HOUSING CORPORATION WHEREAS, the Ecumenical Housing Corporation, an Iowa corporation, proposes to undertake the development of subsidized housing for the elderly; and, I J WHEREAS, the City of Iowa City desires to assist thisect ro Section 403A of the 1977 Code of Iowa; and, p pursuant to IYHEREAS, the City has made public a report and recommendation on housing Iavailable within the community; and, 1978. WHEREAS, the City Council held a public hearing on said project on September 12, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor and City Clerk are hereby authorized and directed to execute the real estate contract by and between the City of Iowa City and the Ecumenical Housing I Corporation, said contract being attached hereto and by this reference incorporated herein. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized and directed to execute a deed and to tender said deed to the Ecumenical Housing Corporation in accordance with the provisions of the real estate contract incorporated herein. It was moved by deProsse and seconded by Perret that the resolution as read be adopted, and upon roll call there were: I AYES: NAYS: ABSENT: x Balmer x deProsse X Erdahl x Neuhauser x Perret x Roberts x Vevera IPassed and approved this 13th day of March 1979. Mayor ATTEST: City Clprk RECEIVED b u'F:107F� n 4EE LFGAL DFRAzt)= Sao MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110'�4ES -2, REAL ESTATE CONTRACT This Agreement dated this14-f' ay of /ga" , 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical (lousing Corporation, an Iowa corporation, hereinafter sometimes referred to as Buyer: WITNESSETH: WHEREAS, the City of Iowa City desires to undertake a project to assist the production of low income housing; and, WHEREAS, the City of Iowa City has prepared and made public a report and recommendation regarding the availability of housing within the community, and a majority of the Council has approved such report; and, WHEREAS, the City Council of the City of Iowa City has held a public hearing on a proposed project; and, WHEREAS, the Ecumenical Housing Corporation desires to undertake the production of low income housing. NOW, TIIEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Seller agrees to sell and convey and the Buyer agrees to purchase the following described real estate located in Johnson County, Iowa, to wit: The cast sixty-five feet of Lot 2, Block 61; and, The east fifty-two feet of Lot 6 and the west fifty feet of Lot 7 of Block 61; all in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. all upon the following terms and conditions: 1. PURCHASE PRICE AND TERMS OF PAYMENT: The Buyer shall pay $ 75,000 to the Seller as the purchase price at the time of closing. 2. TIME 017 CLOSING: The closing date shall be on or before September 30, 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M011lEs -z- 3. DEED AND ABSTRACT: Upon full payment by the Buyer of the amount to be paid by it under this agreement, the Seller agrees to execute and deliver to Buyer a warranty deed conveying the real estate described herein to the Buyer, free and clear of all liens and encumbrances except as otherwise expressly agreed to herein. The Seller agrees to provide to Buyer one or more abstracts of title to said real estate a reasonable time prior to closing showing merchantable title in it in accordance with the IOWA Title Standards and in conformity with the provisions of this contract. The abstract of title shall be continued at Seller's expense to and including the date of this agreement. 4. ASSIGNMENT: Due to the special nature of this contract and the public purposes being served thereby (reference Chapter 403A, 1977 Iowa Code) this contract may not be assigned by either party unless such assignment is expressly authorized in writing by the other party, 5, CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTY: As a specific inducement to Seller to sell the property covered by this contract, Buyer agrees to construct eighty dwelling units of subsidized housing for the 1014 income elderly, the preliminary design plans for which must be approved by the City Council prior to conveyance of title as called for herein, 6. RIGIIT OF REVERTER: In the event Buyer is not able to obtain mortgage financing from the U.S. Department of (lousing and Urban Development, the property shall revert to the Seller. 7, TIME FOR POSSESSION: Notwithstanding the Time of Closing set forth herein, the Buyer and Seller do hereby mutually agree that the Seller shall retain Possession of the property, without cost, until the actual commencement of construction of the improvements described herein. S. NOTICES AND DE1,IA,NUS: A notice, demand, or other communication under the Agree- ment by either party to the other shall he sufficiently given or delivered ! if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and I i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :90InES (1) in the case of the Buyer, is addressed to or delivered personally to: I'lle President and Secretary Ecumenical (lousing Corporation 217 .Iowa Avenue Iowa City, Iowa 52240 AND (2) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington Street Iowa City, Iowa 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. �. COUNTERPARTS: The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. IN WITNESS WIIEREOP, the City has caused the Agreement to be duly executed in its name and behalf h— its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Buyer has caused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be here- unto duly affixed and attested by its Secretary, on or as of the day first above written. IIY Mr 11;AL ATTE IL icy Work <, ATTESV,) any City of Iowa City, /lown Mayor ECU4IENICAL HOUSING CORPORATION By: Prdsident MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this y e�4 day of ��_ A.D., 19%1_, before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared- �T�a �1 LZ. 7/p,�eh.� � Mayor of the City of Iowa City, Iowa, and GC -G` r c- _Q. City Clerk of said City, each being to be personally known to be th identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. Notary Public in and for the 3r�te of Iowa STATE OF SS: COUNTY OF _Tn HNSON ) On this day of Qf,A.D., 197_� , before me, a Notary Public, in and for the County ofJ-009SOA1 State of Iowa, IZo afPT- L . W 6L.5 o President, and EL L_Io77" , Secretary, of the Ecumenical Housing Corporation, tie Corporation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and scaled on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. / L Nota& IUlic in and for Sv Cou y��tate of ti MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES `b City of Iowa CF MEMORANDUM DATE: March 9, 1979 TO: City Council (1Q� FROM: Paul Glaves, Development CoordinatorTa RE: Sale of Land to Ecumenical Housing Corporation A Resolution Authorizing the Sale of Real Property to the Ecumenical Housing Corporation is included on the agenda of March 13. This resolution authorizes and directs the Mayor and the City Clerk to execute a real estate contract for the sale of the site immediately east of the Old Post Office, along with a portion of the Iowa Avenue parking lot. EHC's plans now call for constructing 80 units of subsidized housing for the elderly on the site immediately east of the Old Post Office, with parking across the alley in the eastern most 60 feet of the Iowa Avenue parking lot. 2. The purchase price called for in the contract is $75,000. This price was computed, based on the Fair Market Value appraisal prepared by Don Johnson, dated July 13, 1978; the letter from the Ecumenical Housing Corporation to the City Manager, dated August 18, 1978; and the "Report and Recommendation by the City of Iowa City on Housing Availability and the Need for Providing Assistance to the Ecumenical Housing Corporation" on which a public hearing was held September 12, 1978. The calculation of the sale price to Ecumenical Housing Corporation is set forth in Attachment A to this memorandum. The full Fair Market Value for the land adjacent to the Post Office and the entire Iowa Avenue parking lot was $257,082. The subsidized price to the Ecumenical Housing Corporation as set forth in the "Report and Recommendation by the City of Iowa City on Housing Availability and the Need for Providing Assistance to the Ecumenical Housing Corporation" was $120,000. For the entire two parcels, the subsidized price constituted 46.7 percent of the Fair Market Value. Accordingly, the price per square foot for each parcel was adjusted downward by this factor to give an adjusted per square foot price. This adjusted price per square foot was then applied to the actual square footage to be purchased by the Ecumenical Housing Corporation. The contract reserves to the City the right to review the preliminary design plans prior to conveyance. Conveyance is scheduled to occur no later than September 30, 1979. The contract reserves the right for the City to retain possession and use of the property, without cost, until the actual commencement of construction. Therefore, the City can retain the use of both sites for parking until construction begins. At that time, the building site will be built on and the parking site, across the alley, will be used for material storage. PG/ssw Attachment MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIMES S.?0 ATTAUDIENT A Ecumenical Housing Corporation Sales Price Calculation Full Fair Market Value: (Based on Corrected Appraisal - 7/13/78) Parcel A, Iowa Avenue Site = 24,000 sq. ft. @$6.36 = $152,640 Parcel B, OPO Site = 15,450 sq. ft. @$6.76 = 104,442 Total Fair Market Value $257,082 EHC Subsidized Price (Based on EHC Letter, 8/18/78) Total Price = $120,000 Proportion: Subsidized = ,467 Fair Market Value Parcel A = $6.36 (.467) _ $2.97/sq. ft. Parcel B = $6.36 (.467) _ $3.15/sq. ft. Adjusted Land Price Iowa Avenue Parking Lot E60' of Lot 2 = 60' x 150' = 9,000 sq, ft. 9,000 sq. ft. x $2.97 = $26,730 Round to $26,500 OPO Site 15,450 sq, ft. x $3.15 = $48,668 Round to $48,500 Total Sale Price Parcel A: Iowa Avenue Lot $26,500 Parcel B: Post Office Lot 48,500 $75,000 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOLMEs TO: FROM: RE: ")City of Iowa Cit.- MEMORANDUM it. - MEMOIRANDUM DATE: March 13, 1979 City Council Paul Glaves, Development Coordinator fo Land Sale to the Ecumenical Housing Corporation A Contract for the Sale of Land to the Ecumenical Housing Corporation was included in the packet materials distributed to the Council on Friday, March 9. Since the preparation of this contract, we have received the results of the property survey of both parcels of ground. Based on this survey, a modification to the contract form is required. The parcel of land on the south side of the alley, adjacent to the Old Post Office, is 102 feet wide, rather than 103 feet. The portion of the Iowa Avenue parking, lot, north of the alley, runs 65 feet east and west to the center of the median, rather than 60 feet as previously presumed. Accordingly, the legal description of this parcel has been changed so that reconstruction of the median will not be necessary. Attached to this memorandum, for your information, is a revised page 1 of the contract containing the corrected legal description of the property to be conveyed. The above indicated changes in parcel dimensions would, by using the formulas previously used, cause the purchase price to increase from $75,000 to $77,000. The Council may wish to change the price set forth in the contract to $77,000. However, based on my review of the project's financial information this morning, I must report to the Council that the project development budget is extremely tight within the statutory limit imposed by HUD, and would recommend adhering to the original $75,000 purchase price. I will be glad to discuss this matter with the Council at the March 13 Council meeting. PG/ssw Attachment Ii MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES c5.20 I REAL ESTATE CONTRACT This Agreement dated this day of 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical Housing Corporation, an Iowa corporation, hereinafter sometimes referred to as Buyer: WITNESSETH: WHEREAS, the City of Iowa City desires to undertake a project to assist the production of low income housing; and, WHEREAS, the City of Iowa City has prepared and made public a report and recommendation regarding the availability of housing within the community, and a majority of the Council has approved such report; and, WHEREAS, the City Council of the City of Iowa City has held a public hearing on a proposed project; and, WHEREAS, the Ecumenical Housing Corporation desires to undertake the production of low income housing. NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Seller agrees to sell and convey and the Buyer agrees to purchase the following described real estate located in Johnson County, Iowa, to wit: The east sixty-five feet of Lot 2, Block 61; and, The east fifty-two feet of Lot 6 and the west fifty feet of Lot 7 of Block 61; all in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. all upon the following terms and conditions: 1. PURCHASE PRICE AND TERMS OF PAYMENT: The Buyer shall pay $ 75,000 to the Seller as the purchase price at the time of closing. 2. TIME OF CLOSING: The closing date shall be on or before September 30, 1979 WCROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I401NEs FTMUPION NO. /9-116 RESOL(Tl'ION AUPHORIZING EXD,'UPION OF AMENDMENT TO AN AGREEMENT WITH SHIVE-HATTERY AND ASSOCIATES WfM mAS, the City of Iowa City, Iowa, has negotiated an agreement amendment with Shive-Hatter , a copy of said agreement being attac to s Reso u on s reference made a partTlereo� and, WHEREAS, the City Council deans it in the public interest to enter into said agreement amendment to add to the Scope of Services of the agreement between the City & Shive-Hattery & Associates for the design of the BDI Sperial Asqpqqmpnt Prnjert by including the Rgr�ding of the Heinz lift station in the overall project. The engineering fees are to be paid by BDI. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with _Shive-Hattery & Associates 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by Neuhauser the Resolution be adopted, a�upon ro=all these were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 13th play of March 1979. 4, t' AT=: QL Mayor City Clerk Received & Approved By Th. Legal Department 5.2 / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES sAH ' SHIVE-HATTERY & ASSOCIATES CONSULTING ENGINEERS HIGHWAY I IS 1.80 P.O. BOX 1050 IOWA CITY. IOWA 52240 TELEPHONE: (310) 354.3040 March 5, 1979 J:IINS Smvu PE.L5 r""d P KIIIIbp P E& L 5 D.Charll 11 KF.II054:I PE ALS DIIIKVIJ 1740A1 PG IwrosL IM11,1da PE AnenD ae,m PE I urnacf PE .john 1. MIN!" PF WamIIII fno. IFDenner vnue:a 11 1ILCPJUIL Uffstnell;r P E J E wl..w: FIE IIulx;rtC Unnb:r I'E 0.11. LIO10.m 1' P[ DorwfL Joenun F DonabA IIIOIIVS Lb Dm.AnJ Sallann: Drell 11 fomann PI1 Mr. Gene Dietz, P.E. Re: BDI Second Addition City Engineer 410 East Washington Iowa City, Iowa 52240 Dear Gene: We request that our agreement with the City dated July 25, 1978, be amended to include necessary modifications to the existing sewage lift station, commonly referred to as the Heinz lift station. Contract language should be as follows: Paragraph I (Preliminary Phase), add Paragraph "h) modifying the existing Heinz lift station." Section IV under Paragraph Prellminar Phase, add the sentence "The total fee for Preliminary Phase Item 1-h shall not exceed $6,000." Very truly yours, SHIVE-HATT� ASSOCIATES ames L. Shive JLS:sd APPROVED: CITY OF IOWACITY BY Date elTq (,Ievy �T BY THE CEDAR RAPIDS DAVENPORT DES MOINES DURl10Uli FT MADISON IOWA CITY VINTON r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES AGPl7:•11 lip w are available at the Icrl.'s Office. y j This A7rasnent, mule and utLr_rei into this oZfe4cl,y of 19 by and hctwecn the City of Iowa Cit a nnnilcipa] xitT;orotirn, h einaftcr ruf'rred W as the City and Shive-IialLury and Associates of referred to as the CIowa City, Ioea hcreittaflcr .bnsulttunt. Now therefore, it is hc:rrl;y ar]rced by and bet the LiarLicO hereto that the City does retain' and'jrgaloy Uv said (hn ull'ant U, act for and represent it in all mutters involved in the tern's of Utis A,]ntuuutt. 5w:h curttrnct of caigtlolqu nt to be subject to the fol]uding tomos and cax]itiats and :;t]pulntio'^„ to wit: Consultant shall not caunit any of the fo.l]cna]ng V,m;loYncnpractices turd agr t ee to prohibit the following practices in any sulxurtracts. a. Tb discharge frau engnloyrrxnt or refime to hire any individual beeauu;c Cf Ureic r,ut, color, rr•li,lion, sex, national origin, age, d i:;,7hil i t y, •uur.i La L status, sexual oriuttation or crcxNl. b. 7b discriminate against any individual in frnn conditions, or privileges of ),I lu, Of their race, color, religion, c.arssu , national origin, age, disability, marital status, national oriuntation or creed. SWPL 01: ; l.RV1Ci s indusfhc Iowa City Council has Irrsscrl a spccinl ordinance: that will allow ess Ikvelopwunt, Inc. to proceed with ;r ,peri;tl assessmcnr project in the inJu-trial arca of southe;1st' luw;i City lying; uort:hcr•I)' of the Ileinz ecu i l the n Comer. 411licipai .fngn'uvcmwlt:. ;u•c to he insfnllcJ in IInd lic Icortt to Di hill proposed Second Addition, consisting of items set forth buloro: Preliminary Phase I. The consultant shall prepare preliminary plans for construction of the following: a) Sanitary sewer extension (routing, sizing and tentative grades) b) Water service extension (routing and sizing) c) Storm sewer system (routing, sizing and tentative grades) i d) Culvert locations, sizing and tentative grades e) Grading (rough grades from aerials) a I f Paving (routing, tentative grades and thickness) 9) Final platting (show BDI parcels to be assessed) 2. The consultant shall prepare cost estimates for the above items. 3. The consultant shall prepare a general cost comparison relative to i compliance with the storm water management ordinance as it pertains to individual tract systems, and an overall system to provide service to the remaining unplatted portion of the DDI property. This will consist of conceptual plans showing tentative locations j and sizing for both alternates and will include cost comparisons. 4. The consultant will provide information in [lie fnr•mnl for assessment s Lndc and also provide work in compliance with Chapter 3611 of the low a schedule Jelticting specific dates and actions to be taken by the City during the r ccdur s. Design Phase essE�t ��ilJ J After City approval of the preliminary design and cost estimate and upon written j notice to proceed, Ute Ct;nsutllant will bogie the design l9tas0 whidt will include. a. preparation of detailed contract drawings; b. preparation of specifications, and contract doeutxutts. Ille (bnsultant will insure that the contract docunents nlect all raluir'nrnts of the City's affirmative action and alt'al. OMOrtunity program. •14tc Consultant will Penn I of A / MICROFILMED BY ✓ �" JORM MICROLAB CEDAR RAPIDS -DES i4oIaES coordinate X41 thu Ihorwl )ZeLat.iolufa,lzlruir_:�t'o in:;ure Uiat all requLired non discrimuiation argil c yic,l ot:lurLunity staLtnnliL; ur -1ffirn%ative action programs are incl'xlcel in the conLracL doc.acllhlt ,; furnishing the City with Lwo (2) copies of the specifications and contract drawings for a fi,>il r-eviaq by the City. '1110 Consultant will cLtein projcGL OPProval fran other agencies after City rev1L%q and approval. preparation of a final Constnx;L•ion Cost estimate upon arllpletion of final design. '111is Constriction Cost e,tinute will .include a bickling contingency of ten percent. If the ICUest bona fide proposal or bid exceO ds the established Construction Cost limit, City shall (1) give writtcan approval to increase such cost limit, (2) authorize 1109OLiating or rehickling the Project within a reasonable tine, or (3) cooperate in revising the 1'evjcct ,colt oc quali.Ly: Li the case of (3), Consultant shall, without aclr3itiolul charge beyond the max cost defined in flus agreanrnt, nrxlify the CA -act DoCLUK'nts as necessary to bring the Constnstion Cost within the: cusL 1i1.'i.t:. 7fie providirng of such service will be the limit of ti,nsulttml•'s reslxnsibilihy in this regard arid, hiving dart: so, Consultant shall be c51titlL'd to paymen t for his services in accordance with this h3ranxl Construction Pliase The Consultant will provide the following services under this phase upon written notice from the City: a. assist the City in securing bids and provide bid obccments for contractors. The bid documents for this phase are not a reillbursable expense; b. tabulation and analysis of bid results and furnishing rcczmmsdations on the award of the construction contracts; C. assistance on the preparation of the formal docun nts for the award of the contracts; d. 'consult and advise the City during construction relative to this project. e. preparation of elanentary sketches and supplanentary sketches required to resolve actual field conditions encountered; f. checking detailed construction drawings and shop and erecticn drawings submitted by contractors for colpl.iance with design concept; and g. reviewing laboratory reports, materials and equiprRent. h. Zn addition, the Consultant will do the follcwi.ng field engineering: make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the h Contract Lbctmrsts; L.,lr„eL-4x— a quired-te-'t•'ke ••••I'' r—f.'9F1t-ifiUe439 .,,.v ,.,•„ ,..._,:�.. _ q .t Q Kic nt kY of�erk he /) shall not be rc_s r.>���th fralr. pertsible for the nti?.vls, m0lhocLs, LL�lmiques, saplt:nees or procedures of construction selected by contractors) or the safety pre- cautions and prograno incident to the work of Contractor(s). His efforts Will be directed towu'd providing assurance for City that the canpletcd Project will conform to the Contract Documents. During such visits and or the basis of his on-site observations he shall keep City informed of the progress of the work, shall endcavc- to guard City against defects and deficiencies in the work of Ciontractor(s) and imy disapprove or reject work as failing to conform to the Contract Uxamrnts. {;�}moi• � �� ��� j� ���y'—���,�."y���L �.L��apV.Z�'TyI�LT�T�SIT.�T�IUyC� Rep 1 ,•�{'IISTI"wlep • be . ed a' CC l2'CS •1 _ _•��l3TLT [Z.T. vL� }it;—}j 1 ne '1"ta rdanee-ti+it�t the G 4izted-bc4cw-. 7110 Consultant shall determine IIIc ,victuals omxl trjt� ji Contractor and shall issue certificates of p1aynrjit in such a manner as to orrnply with the provisions of Chapter 573 a 384 of the Codo.of the State of It The issuance of a certificate of payment shall constitute a representation by the Consultant to the City that work has progressed to the point indicated and that to Ole best of the Consultant's knowledge tine quality of the work is in accordance with the construction Contract Docunllts; Page 2 of 6 SZI MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MoIrIEs Hike a firviJispectiai r(.I)Qrt to the City d. J1 c„ nr.r;., nF --- ,he Consultant and to -i City nin-hll dinc•unn intcrl,f:r.tntiona of the require - ')OILS of Lho constructitut centrad mdocinit nts. '11 c Consultant spall have he authority to act on Ixdhalf of the City; iho„cver, final decisions ori any hatter shall rest with Oic City; and he Constltant shill have the authority tO rejuct pork which does not onform to the contract docrunentx. '1111 fYxLsultant ;:hall process change rders. UkvXge oltler3 811111 Lx.¢xatV cl:Paadve Lvhly after they have been signed by the City's representative. I. technical observatiah by a I1esItIc"t PrOjt:ct TOprascntat.ive and supportirng• staff as required who will observe the -work for aanpliance with Contract Ibcumnts, and provide construction record drawings of the Completed Projects. Specific duties shill include but not lx limited to (1) setting of lines and grades as construction prucceds; (2) rovision of contract drawings to shod location and nature of inprovcments as actually constructed; (3) provide services in accordance with Exhibit• "A", "Euties, Responsibilitie and Limitations of the Authority of Rcsidcnt Project warpresentative". Note that Exhibit "A" is a standard NSPE contract dochnrnt and the term Engineer shall mean Consultant and the term Owner shall man City for the purposes of this agreement; and Special Services Upon roquest the Consultant agrees to furnish sfrcial services. Such special. services may include: a. soil investigation, including test Wrlry s, related analysis and reconr- mendations; b. land surveys, title and eanmient searches and doscriptions of boundaries and monuments and related office c(ngxntahtions mhd draftings; i ' C. assist the client as expert witness in litigation arising from the develop- ment or construction of the project and in hcari.mxjs before various approving i arca regulatory agencies. ZI TIME OF cY1"lPLE ai The Consultant will complete the phase of this project witun the Mmes listed below: r Preliminary Phase - 'LII days after signing of this contract. Design Phase - The design phase of the project shall be done 30 days after :Ipprovul of the proliniin:n•y phase. Construction Phase - Zhe tbnsultant shall i.ncciude apizopriate construction times in the lob specifications. III GENERAL IT MIS I. Should the Consultant or the City tonninaLe the contract, said Consultant shall . be paid on the basis of dirmt personal mIx nno as herein attached times multiplier for the variou, classes of, persavhel actively engagod on the project for all work completed and for all work pd services perforhned up to the time of termination; however., such sunstsihall not exeml the "not to exceed" amounts listed in Section IV, and 'subject to the terms of item 9 of this section. Either. party may terminate this i Agreement upon five (5) days notice. , 2. Ibis Agreement shall. be binding ulxvn the succes—nors and the assigns of the ... parties hereto; provided, hodever, that no assigrateant shall be made without..the written consent.of all parties to said agrouncrit. 3. It is understood and agreed that the atghloythr.7hL of the Consultants by the City for the purposes of said project shall be exclusive, bot the Consultant shall have the right to employ such assistance as may be roquirod for the performance of the project. Said Consultant shall be r•e.!;pcinsible for the compensation,'• .. insurance and all clerical detail involvod in their arployment. Page 3 of 6 S•Z l MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES s agreed byr City Ilr.xt all rewlds and M��:•r ;;;sing to information cd for said project will bu mde uvailsblu Iry s City ul= request of the ultant. The City agrees to furnish all rra:enrable a:.islstance in the use of records and files. 1 further agreed drat 110 party to this 1u9rec1rrnt will ;.-Morn contrary to ;tate, Federal or CowiLy law or any of the Ordinances of the City of Iowa Iowa. bnsultant shall attend such lootvugs of. the City Council relative to the work set forth i.n this centrad• as nrly bu 1 crlu�%;tcxi by the City. Any require- ments nude by tho City shall be giver with reasonable notice to the Consultant so that he/she may attend. 7. The Consultant agrees to furnish, upar termination of this Agrarnart and upon dcanand by the City, copies of all basic notes and sketches, cluu-ts, computations and any other data prepared or obtained by the (bnsultant pursuant to this Tgrecment, without cost and without resl:ricLion or l.imit:ation as to their use relative to the specific projects coverol tinder this ;rgL:LujK Yt. Me Consultant shall not liable for use of such documents on other projects, 8. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where suchseal is required by law, and shall supply necessary certifications in accordance with Chapter 384 i of. the Iowa Code. 9. The City agrees to tender to the Consultant all fees and uriley in accordance with the schedule that follows except Ulat failure by the Consultant to sans factorily perform in accordance with this Agreanent sh 11 constitute grounds for the City to withhold paymnt of the amount sufficient to properly 'ample te the project in accordance with this /vgreamnt. 10. Should any section of this contract be found to be invalid, it is agreed that; all other sections shall retain in full force and effect as though severable from the part invalid. 11. Original contract drawings shall be modified to reflect "as built" conditions and shall beco e the property of the City. T9Ye Consultant shall be allowed to keep mylar reproducibles for his files and use. 12. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retimnenit and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. •, 13. Records of the Consultant's Direct Persoril Expense, Consultant Expense and Reimbursable Expenses pertaining to the Project, and records of accounts between khe Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 14. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures aide by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: a. Expense of transportation and living when travelling in connection with the Project, for 10119 distance calls, aril telegrams for *extraordinary work required by the Owner. b. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use. C. Fees paid for securing a1proval of authorities having jtu•iscliction over the project. Fees paid Iry Ure Consultant feu special consultants mployed with City's approval for services other than those defined in this contract. 15. It is agreed that the Deparbnent of Dousing and Urban I32velopme nt, the CoYgptroller General of the United States, or any other duly authorized representative shall have access to arty books, documcnts, papers and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit -examination exerpts and transcriptions. 16. The Consultant shall assist and be present for any prepaYration'of letting or analysis of contract dealing with said project. Page 4 of 6 5'�?J MICROFILMED BY JORM MICROLAB CIDnR RAPIDS -DES IaolrlEs 40 The Consultant shall coordinate its work during all phases with the City staff, BBI, and the City's bonding attorney. 18. When and if bond proceeds are available, the payment to the Consultant shall include accrued interest at the rate of 7% from the 30th day after the billing date after completion of each phase of the project. 19. The Design Professional agrees to hold harmless and indemnify the client against any liability arising out of the negligent acts, errors or omissions of the designer,.his employees, or agents. IV QMMSATICU FOR Sl+l(yIC7S The City agrees to pay for services stated in Utiu (=L act tvr the basis of the following fees: Preliminary Phase - The Consultant shall be paid a fee basal upon 2.3 x Direct Personal Dcp nse. 'itne total fee for the Preliminary Phase shall not exceed s!), lillli. Design and Construeion Phase - Due to the difficulty of dutermining the exact sCapc of the work prier to mrVlcticvn of Preliminary Phase; D sign and Construction Phase fees will be ncalotialtxl after conpletion and acceptance of the Preliminary Phase. i Special Services - Special services shall be cony nsated in the following manner: (a) Soil testing services at approved flat rates as attached in Exhibit B to this contract. Analysis of data shall be at a rate of 2.3 x Direct Personal Dcpense. (b) Full. -time project representation shall be oarpensated at a fee based upon 2..; x Direct Personal ngcrtse. { ane Direct Personal Fypernse of all personnel classifications associated with this project shall be attached as Exhibit C. The City agrees to reimburse the (bnsultant for outside expense at cost. Zlne Consultant shall furnish receipts df all outside expenses upon request. { 1he "not to exceed" figures listed in this section refer only to Direct Personal Expense and do not include reimbursables. Pcimbursable expenses are above arra bey the "not to exceed". figure. c All fees will be billed and due payable monthly.' With each billing the Consultant' shall list the individual, the hours worked, and the hourly rate. Billing shall be broken dam into the following categories: i I'rci hilae •y d'h:xsc Design Phase Construction I'llast• Special Services (detnile(l) Payments to the Consultant shall be made only from proceeds of special assessment { bond sales for this project. No payments will be processed until assessment waivers are received from BDI. If bonds are not sold the City is not obligated to any payment to [h. Consultant. All provisions of this PgreoT)cnt when not specifically defined shall be reconciled in accordance with the highest ideals of the Digineering i'I'n l'eti� i till. Otte undersigned do hereby state that this contract is executed in triplicate, as -- though each were an original and that there are no oral agreements that have not been reduced in writing in this instrupe nt. Page 5 of 6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS.DES 110INCS y,1,irUier stated that Uicrc nre rxr other calsidcratim or nrnies wntirxjent upon t>n9 Fran the exac-utim of Uiis contract nor have any of the above been applied .. eny party to this Njrcanent. R QTY: FOR TIM CCNSULTAW: r ATTEST: IVI'11:ST: "CEITM k dP1,110VF,D Iii; 1,MdL P.EPXNT1iSNT Page 6 of 6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Exhibit "A" to Standard Form of Agreement BetwCen Owner and 13nginccr for Professional Services (NSPE 1910-1-A, 1974 Edition) '4 esponsibilities and Limitations 'of the Authority of Resident Project Representative A. General. Resident Project Representative is ENGINEER's Agent and shall act as iireered by and under the supervision of ENGINEER. lie shall cooler with ENGINEER regarding his actions. Ilis dealings in matters pertaining to the on-site Work will in general be only with ENGINEER and CONTRACTOR. Ilis dealings with subcontraclors ' will only be through or with the lull knolvledge of CONTRACTOR or his superintendent. He shall generally communicate with OWNER only through or as directed by ENGINEER. B. Duties and Responsibilities. - - Resident Project Representative shall: ' l.. Scheduler: Review the progress schedule, schedule of Shop Drawing sobmi;cions. schedule of values and othcr schedules prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 1. Conferences: Attend preconsiruction •conferences. Arrange a schedule of progress meetings and other job Confer--- ences as required in consultition with ENGINEER and notify in advance those expected 10 attend. Attend meet. ings, and maintain and circulate topics of minutes thereof. J. Voi.mn: a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superin- tendent and assist him in understanding Ilse intent of the Contract Documents. Assisl ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER'S on -silo operations. Is. As requested by ENGINEER. assist in obtaining from OWNER additional details or. information, when 'i required at the job site for proper execution of the Work. e. In the interest or preserving the proper channels of -communication, advise ENGINEER of any direct communication bclwgen OWNER and CONTRACTOR. 4. Shop Drawing's and Samples: a. Receive•and record date of receipt of -Shop Drawings and samples which have been approved by ENGINEER._ b. Receive samples which arc furnished at the site by CONTRACTOR for ENGINEER's approval, and notify • • ENGINEER of their availability for examination. e. Advise ENGINEER and CONTRACTOR or his superiniendsol immediately of the commencement of any Work requiring a Shop*Drawing or sample submission,if Ilse submission has not been approved by ENGINEER. S. Review of Work, Rejection of Defective Work, Inspertiom and Tau: a. Conddct on-site observations' of the Work in progress to assist ENGINEER in determining that the Project is proceeding in accordance with the Contract Documents and Ilam completed Work will conform to the Contract Documcnls. ., Is. Report to ENGINIEER whenever he beiieves.tlnt any Work is unnlisfacinry, faulty or defective or does not conform to the Contract Documents, or has been damaged, or dews nor meet the requirements of any inspections, rests or approvals required to Ix made: and advise ENGINEER when he believes Work should be corrected or rejected or should Ix uncovered for observation, or requires special testing or inspection. C. verily that tests• equipnsenl and sysrcnii startups and Operating and maintenance instruclinns arc conducted as required by the Contract Documents and.in presence or the regniral personnel, and that CONTRACTOR main- t+fns adequate records thereof: observe, record and report to ENGINEER appropriate details relative to the test procedures and starlups• d, Accompany OWNER and visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. O 1974 by National Socicly of Ptofessioml Engineers, 2029 K St., N.W., Washington, D.C. 20noh NSPE•Publicalrnn No. 1910.1-A 1974 Edition IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110114ES n r mrion o/ Coors Documenu: Transmil to CONTRAf-'l�elar, lion and interpretation of the Can• cuments as issued by ENGINEER. tiona: Consider. and evaluate CONITACIOR's supFt'gion% for modifications in Drawings or Specific&. report them with recommend at ions to ENGINEER. S. Rrcordr: ' a. Maintain at the job silt orderly files for correspnndcoec. reports of job conferences, Shop Drawings and sample .sulam;ssion%. reproductions of original Contract Documents including all addenda, change orders, field orders, additional Drawings isaucd subsequent In the execution of the (Contract. ENGINEER's clarifications and interpretations of the Contract Unr imenls, progress reports and other Prnjeebrelaled documents. ' .b. Keep a divvy or Ing book, recording hoof.% an the jnh site, weather conditions, data relative to questidhs of extras or dcduclions. list of principal visitors, daily aetiviiic.%, decisions, nbscrvatiom in general and specific obser• vations in mor, detail as in the case of observing last Prnerdwes. Scnd copies to ENGINEER, e. Record names, addresses and telephone numbers of all CONTRACTORS. subcontractors and major suppliers of equipment and materials. d. Advise ENGINEER whenever CONTRACTOR is not currently maintaining an up -to -dale copy of Rbeord Drawings al the site. - s t. 9. Rrparts: ' a, Furnish ENGINEER periodic report Sas required of Progress of the Work and of CONTRACTOR'S .compliance %kith :lie approved progress schedule, %cliedude of Shop Drawing tuhmissions and other mhedulex. Is. Consult with ENGINEER in advance of sehedujed major tests, inspections or start of important phases of the Work. 'h 10, pnymnri RrgrdJirinns: Review Application 3 for Payment with CONTRACTOR for compliance with the esiab- fished procedure for their submission and forward theirs with recommendations to ENGINEER. noting particu- larly their relation to the schedule of values, work completed and materials and equipment delivered at Ihe-sile, 1/. Guaranterr, Cernfieatrs. Maintenance and Operation Afanunlr. During the cmusc of the Work verify that guar. Ices. certificates, maintenance and operation manuals and Other data required to be assembled and furnished by CONTRACTOR are applicable to the items aelually installed: and deliver these data to ENGINEER for, his review and forwarding to OWNER prior to final acceptance of the Project. ;nry 12. Completion: 17 lar". a. tleforc ENGINEER issues a Certificate observed items requiring correction. of Substantial Completion, submit to CONTRACTOR a 'Ilsf'of • b. Conduct final inspection in Ilse company of ENGINEER, OWNER and CONTRACTOR and prepare'jrfi nal 'list of items to be corrected. e. Verify that all items on final list have been eonected and make recommendations to ENGINEER concerning acceptance, , C. Llmllalians of Authority. •cli'k 'Except upon wrilttn instructions of ENGINEER. Resident Project Representalive: I. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superin- Iendent. s• 3. Shall not expedite Work for the CONTRACTOR. •'•'• 4. Shall not advise on or issue directions relative In any I%lNcl Of the nscaus, mcitiods, techniques, sequences or"''ro- eedures of construction unless such is specifically called for in the Contract Documents, i•:- S. Shall not advise on or issue directions as to safety Precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy file Project in whole or in part, - cd n a1 s 7. Shall nal pamieipate in specialized field or laboratory tests or inspections conducted by others. r; r th• Design Phase Aftei,City approval -of notice to proccodr_the a. preparation of det preparation of spO insure that the cc affirnutive actin MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 14011fES C7 "EXHIBIT V 0 Between City of Iowa City and Shive-Hattery and Associates [IDI ?nd Add iIini Direct personnel expenses for Shive-Hattery L Associates personnel for the duration of this project are listed below in accordance with Section III, Paragraph 12. CLASSIFICATION—_ RATER Grade 8 Engineer $ 21.09 Grade 7 Engineer $ 17-57 Grade 6 Engineer $ 14.17 Grade 5 Engineer $ 12.52 Grade 4 Engineer $ 10.43 Grade 3 Engineer $ 9.00 Grade 2 Engineer $ 7.83 Grade E Engineering Technician $ 12.09 Grade D Engineering Technician $ 8.74 Grade C Engineering Technician $ 6.39 Grade B Engineering Technician $ Grade A Engineering • Technician $ 5.30 3.78 3 man survey crew S 19.96 2 man survey crew $ 15.39 pp SHIVE•IIATTERY b ASSOCIATES work i n c'6mpl-nncc ' - -- - - -- a schedule depicting specify during the pr cc ur II Design Phase 67 essat.w t After City approval of the prelindnary notice to proceed, the ConstLlL•ant ai71' a. preparation of detai]tsl oontract dr �1 b. preparation of slxcifications, and oon insure that Uie c:onLact docunents nix I affirnutive ac Ucn and et vil. oWort7ln J't PAnft I nf•,,:: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES i lrr• USINESS DEVELOPMENT, INC, - Board of Directors Meeting July 11, 1978 �,. Page 2 Land Pricing: Waters recommended an appraisal which would include comparison with other sites in locality; roughly it should be app r: .50/sq,ft, = 22M/A. This 'better" appraisal will cost $300-500, Burgertely .r: moved, Shive seconded that Daniel be authorized to proceed with an agreement with Waters for an appropriate appraisal. Motion carried unanimously. Sale Prospect: Ryan Construction is interested In approximately 22 acres for a distribution center with approximately 200 emploees, Daniel advised him the price would be near $20M/A. y A Mr, DePledge is looking for a 150-200M sq.ft. building on approximately 20 acres. Land Sale Requirements - 1979-82: Daniel presented an analysis (copy attached), including the second addition costs and Oscar Mayer sale. In summary, we need to sell one 3 acre tract/year. Nagle -Selzer B111: Filer is to follow up to get the $4146 paid, Chamber of Commerce - BDI Relationshi s: Daniel will follow up to try to get better understanding of responsibilities and expectations. BDI - Chamber - City relationships also need to be considered, jCondition of Property: Some junk, weeds, etc. detract from the appear- ance of the area. Some properties don't yet have landscaping or screening. Angerer suggests a letter be written to those in violation, requesting them to meet the covenants. Angerer moved, Radcliff seconded that Sueppel prepare appropriate letters urging prompt voluntary compliance with covenants. Motion carried unanimously. Lift the Station E BDI s xpansion: Shive suggested the possibility of financing L MR Vpprox. $65M) on assessment basis, along with the Berlin will explore this possibility. Angerer move , Bennett seconded that the City be assured that if assessment proceedings atop, the City will not be out any money. Motion carried unanimously. Cash Statement: Radcliff moved that a cash statement be available at each meeting. Daniel directed this to be done. There being no further business, the meeting was adjourned. The next regular meeting is scheduled for August 8, 1978. Secretary cc - Board work in comp ian - a schedule depicting during the i.acpcwt-, Desiqn Phase After. City approval of the ►n notice to proceed, the (Dnsti a. preparation of detailed b preparation of specificatiot7 insure that the conLrDct dOO affirmative action and ccJuil II1CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINCS AGREEMENT BETWEEN THE CITY OF IOWA CITY AND BUSINESS DEVELOPMENT INC. (BDI) i If for some unforeseen reason the municipal improvements in and adjacent to the proposed BDI Second Addition are not constructed and the associated a assessment bond sales are not completed, BDI hereby agrees to pay the Consultant's fee for work completed prior to termination of the City/Consultant Agreement in accordance with the terms of the Agreement dated July __, 1978. BUSINESS DEVELOPMENT, INC. I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I90I1JES I. SHIVE—HATTERY & ASSOCIATES GONISULTING EnIGINLCfIPS HIGHWAY 1 8 1 00 P O BOX 1050 IOWA CITY. IOWA 52240 TELEPI IONS (310)354 3040 Mr. Gene Dietz, P.E. City Engineer 410 East Washington Iowa City, Iowa 52240 Dear Gene: March 6, 1979 (:11" ( -, a... — r- Y I Jarp•YI !.n.n� Iq AI i IynunP n..,f PL 11. n.np❑ r..ga•to1 PI rlAI S IlulaJ IyiY II VI Ilona t 11 ran.r PI I fj 11 L, K., P1 I 1.1Y II. WI.III.Irryl 1'I Jlllln1, I cY VI. w'.r..un if O,u. PL n.• 1,.CI wnaw 1'C MRn H.. K.urlll4•II.1 PL J L -ICL l'F LownC Lm,iij n PE D,n41 Mornen PE em4L Jnnmon PE 1100.1EJ ,gaol] L S rW,dH Snnnnn E nurlan Corn.lnn PE Re: BDI Second Addition C=.tz• L A°"rs.� We request authorization to proceed with the Design Phase of our agreement dated July 25, 1978, as amended by our letter dated March 5, 1979• We pro- pose that compensation for the Design Phase services be on the following basis: The Consultant shall be paid a fee based on 2.3 x Direct Personnel Expense; the total fee for the Design Phase shall not exceed $28,300. Please acknowledge your approval by signing and dating this letter below and returning one copy to our office. Yours very truly, SHIVE-HATTERY b ASSOCIATES �A John L. Wipers I� JLW/ vt APPROVED: CITY OFA CITY By l�.i/r„a III ' � a Date .,/7. �7 1:I70AH RAPIDS 11AVI 111,0111 Ill S MOINES NUH(IONF 11 IAAOISON IOWA CITY VINTON MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-117 A RESOLUTION ESTABLISHING FEES FOR SERVICES PERFORMED BY THE OFFICE OF CITY CLERK. WHEREAS, every citizen has a right to examine and copy public records and documents, and WHEREAS, Section 68A.3 of the Iowa Code provides that all expenses of such work shall be paid by the person desiring to examine or copy such records, and WHEREAS, the City Council of Iowa City,' Iowa, recognizes the need to ensure the protection of public records and to prevent interference with orderly office routine; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF IOWA CITY, IOWA, THAT: 1. The charge for copies of records and documents shall be as follows: Duplicate copies (xerox) $ .10 each Municipal Code 1978 (as set by Council) $45.00 plus $1.35 tax Municipal Code supplements actual pro -rated cost Duplicate cemetery deeds $ 1.00 Recording of cemetery quit claim deeds $ 2.00 Recordak copies $ .50 each Ordinances previously multilithed $ .02 each side of page 2. No charge will be made for the first 15 minutes for the services of the City Clerk or his/her staff in research, retrieval or copying of records. Inspections of more than 15 minutes will be assessed in quarter hour intervals as follows: A. Non-professional aid or supervision, $1.50 per quarter hour interval. B. Professional aid or supervision, $3.00 per quarter hour. If the service requested cannot be timely completed during regular office hours, a person may request that it be completed after hours. The charge will be based upon the overtime paid to the person providing assistance. The decision to authorize overtime shall be made by the City Clerk, and the City Clerk cannot guarantee that the information will be provided in the time requested. 522 FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES I10INES ' RESOLUTION NO. '9-117 1 Page 2 The custodian shall provide an estimate of the cost upon request and the cost shall be paid prior to the delivery of the requested documents or information. It was moved by Balmer and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret — x Roberts x Vevera — Passed and approved this 13th day of March, 1979. fi✓ MAYOR ATTEST: CITY CLERK j I p am') & DEY�T0NT BY TgE LEGAL r MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-118 RESOLUTION DESIGNATING THE LOCATION OF THE OFFICIAL BULLETIN BOARD FOR POSTING NOTICE OF, AND TENTATIVE AGENDA FOR, ALL MEETINGS OF THE CITY COUNCIL, ANY COMMITTEE OF THE COUNCIL OR COMMITTEE CREATED BY THE COUNCIL, AND ANY BOARD OR COMMISSION CREATED BY THE COUNCIL, EXCEPT THE IOWA CITY MUNICIPAL AIRPORT COMMISSION AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The official bulletin board for posting notice of, and tentative agenda for, all meetings of the City Council any committee of the Council or committee created by the Council, and any board or commission created by the Council, except the Iowa City Municipal Airport Commission and the Iowa City Library Board of Trustees, is the bulletin board located in the entrance hall of the Civic Center, 410 E. Washington Street, Iowa City, Johnson County, Iowa, to the right of the Washington Street entrance doors. SECTION 2. This resolution is effective upon its passage and approval in accordance with law. It was moved by Perret and seconded by Npnhaucar that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of March, 1979. MAYOR ATTEST: CITY CLERK CL RK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES jRECEIVED &'APPROVED TEM LEGAL S� 3 City of Iowa Cit"; MEMORANDUM Date: February 26, 1979 To: Neal Berlin From: Bob Bowlin Re: Resolution for Designating Official Bulletin Board for Open Meetings Law Dear Neal: Abbie has sent me a copy of a proposed resolution just received from the League of Iowa Municipalities concerning the designation of an official bulletin board. It seems to me that such a designation would be useful to prevent any confusion. Attached please find a draft copy of such a resolution for Iowa City. I have not included the Airport Commission in the Library Board of Trustees, since they have a certain amount of autonomy, and further, since they may wish to designate some other place besides the Civic Center as their official bulletin board. While each separate board or commission in the City is a"governing body" within the meaning of Section 3(1)(b), yet I do not feel it is necessary to have each governing body independently designate its official bulletin board. I do not see any reason why the City Council cannot designate a bulletin board for all its boards and commissions. Thank you, Neal. Bob Bowlin bj1/5 cc: '/Abbie Stolfus, City Clerk John Hayek, City Attorney MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES 5'. 3 ,�N MICROFILMED By JORM MICROLAB