HomeMy WebLinkAbout2004-03-16 Resolution Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5043
RESOLUTION NO. 04-69
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/her filing an application, having endorsed thereon the certificates of the proper
city officials as to having complied with all regulations and ordinances, and having a valid beer,
liquor, or wine license/permit, to wit:
One-Eyed Jake's 18-20 S. Clinton Street
Passed and approved this 16th day of March ,20 04
ATTEST:"'~'~--'1 '~ '~
C'IT'Y~'%E RK Ci~' A~or~e~'s/O~Fce
It was moved by Champion and seconded by 0'Donne]] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
03-16-04
I 3cl51
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 04-70
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct tax
required by law for the sale of' cigarettes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a
permit to the following named persons and firms to sell cigarettes:
Whateva...We Can Deliva - 411Peterson Street #5
Passed and approved this 16th dayof March ,20 04
Approved by
CITY C~ERK City Attorney s Office
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 Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, lA (319)356-5030
RESOLUTION NO. 04-71
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA
CITY, MOKA JAVA, L.L.C., AND MIKE AND MARTY ENTERPRISES,
INC., D/B/A QUINTON'S BAR AND DELI, FOR A SIDEWALK CAFI~
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way
within the City; and
WHEREAS, Landowner Moka Java L.L.C. and Mike and Marry Enterprises, Inc. d/b/a/
Quinton's Bar and Deli, applied for temporary use of the public right-of-way at 215 E.
Washington St, Iowa City, Iowa for a sidewalk caf6 and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the
proposed sidewalk caf6 and found these to be in compliance with the regulations adopted
by Ordinance 97-3764; and
WHEREAS, such use of the public right-of-way is compatible with the public use
thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of
the public right-of-way, as enumerated in the License Agreement for Temporary Use of
Public Right-of-Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign
and attest said license agreement, copy of which is on file with the City Clerk,
and direct copies of this resolution together with the application and signed
license agreement to the applicant.
2. The City Clerk is hereby directed to record this Resolution and license agreement
with the Johnson County Recorder at Applicant's expense.
Passed and approved this 16thday offal-ch ., 2004.
CITY L"LERK
~'2i-ty Attorney's Office
Res-Quinton's Sidewalk Caf~ 2-274)4
Resolution No, 04-7].
Page 2
It was moved by Champion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., lows City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-72
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LEASE FOR BUSINESS PROPERTY WITH THE
JOHNSON COUNTY AGRICULTURAL ASSOCIATION FOR RENTAL
OF THE JOHNSON COUNTY 4-H BUILDING IN IOWA CITY, IOWA
FOR PURPOSES OF STORAGE OF CITY EQUIPMENT.
WHEREAS, the City of Iowa City Iowa has leased a portion of the 4-H building for
storage of Streets Division equipment since 1976, and the current Lease expires on
June 30, 2004; and
WHEREAS, a Lease for said business property has been negotiated which provides for
two additional ten-month renewal terms, with an option for a third term and increases
rent from $7,200 to $8,000 for each ten-month term thereafter; and
WHEREAS, it is in the best interest of the public and the City of Iowa City to execute the
attached Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. The Lease, attached hereto and made a part hereof, is approved as to both form
and content.
2. The Mayor and the City Clerk are hereby authorized to execute and attest said
Lease in duplicate.
3. The City Manager is hereby authorized to execute any subsequent renewals, as
provided in the attached Lease.
Passed and approved this 16th dayof Hatch ' , 2004.
MAYOR
A EST: K-
CIT't~CLERK
Approved by
~t-y';~tt~rney's Office
Resolution No. 04-72
Page 2
It was moved by Champion and seconded by 0' Donne'll the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between the Johnson County
Agricultural Association (hereinafter "Landlord") whose address for the purpose of this lease is
3149 Highway 218 South, Iowa City, Iowa, 52240 and the City of Iowa City, Iowa, (hereinafter
called "Tenant") whose address for the purpose of this lease is 410 East Washington Street,
Iowa City, Iowa, 52240.
1. Premises and Term. Landlord is the owner of certain real estate in Johnson County,
Iowa containing a building locally known as the 4-H Building. Tenant hereby rents and
leases from Landlord according to the terms and provisions herein, the following
described real estate, situated in Johnson County, Iowa, to wit:
50' x 150' barn known as the Swine Barn at the Johnson County 4-H
Fairgrounds on Highway 218 South, equipped with natural gas burning
heaters, said barn contains 7.500 square feet, more or less, with the
improvements thereon and all rights, easements and appurtenances
thereto belonging,
(hereinafter "Leased Premises"), for a term of two (2) ten-month periods commencing at
midnight of the day previous to the first day of the ~ease term and ending at midnight on
the last day of the ~ease term which shall be:
September 1, 2004 through June 30, 2005, and
September 1, 2005 through June 30, 2006
upon the condition that the Tenant pays rent and otherwise performs as in this lease
provided. The above-specified terms are exclusive of July 1 through August 31, 2004
and July 1 through August 31, 2005.
2. Rental. Tenant agrees to pay to Landlord as rental for said term as follows:
$800,00 per month for the ten-month periods payable as follows:
January 1, 2005 ........ $4,000 June 30, 2005 .......... $4,000
January 1, 2006 ........ $4,000 June 30, 2006 ......... $4,000
In addition to the above monthly rental, Tenant shall also pay all utilities used by Tenant.
All sums shall be paid at the address of Landlord as above shown or such other place as
the Landlord may from time to time designate in writing.
3. Possession. Tenant shall be entitled to possession on the first day of the term of this
lease and shall yield possession to the Landlord at the time and date of the termination
of this lease..
4. Use of Premises. Tenant covenants and agrees during the term of this lease to use and
occupy the Leased Premises only for storage and maintenance of equipment.
5. Care and Maintenance of Leased Premises.
a. Tenant takes the Property, Building and Leased Premises in their present condition.
b. Landlord shall keep the roof, structural part of the floor, walls and other structural
parts of the Building in good repair.
c. Tenant shall after taking possession of the Leased Premises and until the
termination of this lease and the actual removal from the Leased Premises, at
Tenant's own expense, care for and maintain the Leased Premises in a reasonably
safe, serviceable and habitable condition. Tenant will not permit or allow said Leased
Premises to be damaged by any act of negligence of the Tenant, its agents,
employees or invitees.
d. Tenant shall make no unlawful use of said Leased Premises and agrees to comply
with all valid regulations of the Board of Health, City ordinances, the laws of the State
of Iowa and the Federal government with respect to the Property, Building and
Leased Premises, but this provision shall not be construed as creating any duty by
Tenant to members of the general public. Tenant will not allow trash of any kind to
accumulate in the area or to the front, side, or rear thereof, and it will remove same
from the premises at its own expense. Tenant will not be responsible for snow
removal.
6. Utilities and Services to Leased Premises. Tenant shall be responsible for the actual
costs of any and all utilities or services supplied to Leased Premises, including but not
limited to gas, electric, water/sewage, heating and/or air conditioning services, during the
term of this lease agreement. Neither Tenant nor Landlord shall furnish Janitor Service
nor air conditioning equipment and maintenance thereof. Heating shall be furnished at
the expense of Landlord, except that Tenant will be responsible for natural gas expense
of heating. Payment for electricity used by Tenant will be made July 1 to Landlord for the
previous ten month period.
7. Property and Occupancy at Risk of Tenant. All property of any kind which may be
brought upon or within the Leased Premises by Tenant, its employees, agents,
customers and invitees, during the term hereof, shall be at the sole risk of Tenant, and
Landlord shall not be liable to Tenant or to any other person for any injury, loss or
damage to any person or property in or upon the Leased Premises, and Tenant agrees
to assume all liability for or on account of such injury, loss or damage.
8. Surrender of Premises and End of Term-Removal of Fixtures. Tenant agrees that
upon the termination of this lease it will surrender and deliver the Leased Premises to
2
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Landlord. Tenant may prior to the expiration of the term of this lease if not in default
hereunder remove any fixtures or equipment which Tenant has installed in the Leased
Premises provided Tenant repairs any and all damages caused by removal.
9. Holding Over. Continued possession, beyond the expiratory date of the term of this
lease, by the tenant, coupled with the receipt of the specified rental by the Landlord (and
absent a written agreement by both parties for an extension of this lease, or for a new
lease) shall constitute a month to month extension of this lease.
10. Assignment and Subletting. Tenant may not assign this lease agreement or sublet the
Leased Premises without the prior written consent of Landlord.
11. Indemnity. Landlord agrees to assume liability for any and all losses, costs, damages,
and expenses occasioned by or arising out of any accident or other occurrence causing
or inflicting injury and/or damage to any person or property happening or done in, upon
or about the leased premises, EXCEPT that Landlord shall have no liability for any
losses, costs, damages, or expenses to tenant or Tenant's employees, or to Tenant's or
Tenant's employees' property, incurred by Tenant or its employees in, upon, or about
the leased premises when such losses, costs, damages, or expenses are directly
caused by the negligence of Tenant or its employees and Tenant shall further hold
Landlord harmless for any loss of Tenant's or its employees' property in the event of fire,
theft, malicious mischief or vandalism.
12. Mechanics' Liens. Neither Tenant nor anyone claiming by, through or under Tenant
shall have the right to file any mechanic's lien against the Property, Building or Leased
Premises. Tenant shall give notice in advance to all contractors and subcontractors who
may furnish or agree to furnish any material, service or labor of any kind.
13. Default, Notice of Default and Remedies. Failure to pay rent when due or failure to
perform any other duty of Tenant under the terms of this lease agreement, abandonment
of the tenancy by failing to engage in its usual and customary business activities on the
premises for more than ten consecutive business days, and/or institution of bankruptcy
proceedings by or against Tenant or any assignment for the benefit of creditors or
appointment of a receiver for the property or affairs of Tenant, shall constitute default by
Tenant. In the event of default by Tenant, Landlord shall give Tenant a written notice
specifying the default and giving Tenant ten days in which to correct the default. In the
event Tenant has not remedied a default in a timely manner following a notice of default,
Landlord may proceed with all available remedies at law or in equity including but not
limited to termination of this lease agreement. In the event of such termination, Landlord
4
shall give Tenant a written notice of such termination. Tenant shall vacate the Property,
Building and Leased Premises and be responsible to Landlord for all expenses of
Landlord in terminating the lease and regaining possession of the premises, including
attorney fees and court costs.
14. Landlord's Lien and Security Interest. Landlord shall have in addition to the ~ien given
by law a security interest as provided by the Uniform Commercial Code upon all
personal property and all substitutions thereof kept and used on the premises by the
Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by
this lease for the recovery of rent or for termination of this lease because of Tenant's
default in its performance.
15. Rights Cumulative. The various rights, powers and remedies of either party provided in
this lease shall be construed as cumulative and no one of them as exclusive of the
others.
16. Notices and Demands. Notices as provided for in this lease shall be given to the
respective parties hereto at their respective addresses designated in this lease
agreement.
17. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant
and agreement herein contained shall extend to and be binding upon the respective
successors, heirs, administrators, executors and assigns of the parties hereto.
18. Changes to be in Writing. This lease agreement shall be in any manner modified,
waived or abandoned except by a written instrument duly signed by the parties and
delivered to the Landlord and Tenant. This lease contains the whole agreement of the
padies.
19. Other Provisions:
a. The Lease, may, at Tenant's option be renewed for an additional term by Tenant's
City Manager giving notice of its intention to renew this Lease, which notice shall be
given not less than sixty (60) calendar days prior to the expiration date of the renewal
term, June 30, 2006. The additional term shall commence on the first day of
September, 2006 and shall end at midnight on the last day of the additional term,
which shall be on the 30th day of June, 2007.
b. During the renewal term as provided above, Tenant agrees to pay Landlord rental at
the same rate as previously agreed, payable in two payments to be paid on January
1 and June 1 during the renewal term.
4
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IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate on this
~/~,,~.__.N /~ ,2004.
JOHNSON COUNTY AGRICULTURAL CITY OF IOWA CITY, AS TENANT
ASSOCIATION, AS LANDLORD yc~/~. Z¢
By: "~L--...~~. S ..- . . ...%';.,,
Kim Gonzalez, Manager Ernest W Lehman, Mayor
Approved by ATTEST: '~/~_.~..~.~ ~ ~
~ 'Marian K. Karr, City Clerk
City Attorney's Office
STATE OF IOWA
SS:
JOHNSON COUNTY
On this o~--~'~' day of :::~.~~ ,2004, before me, the undersigned, a Notary
Public in and for the State of Iowa, persona'lly appeared Kim Gonzalez, to me personally known,
and who, being by me duly sworn, did say that she is the Manager of the Johnson County
Agricultural Association and that the instrument was signed and sealed on behalf of the
Association, by authority of its Board of Directors; and that the said Kim Gonzalez acknowledged
the execution of the instrument to be her voluntary act and deed and the voluntary act and deed of
said Association, by it and them voluntarily execu~d.
COMM SS,O.
STATE OF IOWA)) ss:
JOHNSON COUNTY )
On this /~ day of ~QR ,2004, before me, the undersigned, a Nota~
Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr,
to me personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Olerk, respectively, of the City of Iowa Ci~, Iowa; that the seal a~xed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and sealed
on behalf of the ~rporation, by authori~ of its Ci~ Council; and that Ernest W. Lehman and
Marian K. Karr acknowledged the execution of the instrument to be their volunta~ act and deed
and the volunta~ act and deed of said municipal ~rporation, by it and them voluntarily executed.
ICommission Number 1597911 Nota~ Public in and for the State of Iowa
· · My Commission Expires
5
03-16-02[---
Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
RESOLUTION NO. 04-73
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR
THE PROPERTY LOCATED AT 1023 FRIENDLY AVENUE, IOWA CITY, IOWA,
WHEREAS, on October 31, 2001, the owners executed a Mortgage in the amount of $1,286;
and
WHEREAS, this loan has been paid off; 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 1023
Friendly Avenue, Iowa City, Iowa from a Mortgage November 20, 2001, Book 3176, Page 621
through Page 625 of the Johnson County Recorder's Office.
Passed and approved this 16th dayof March ,20 04 .
Approved by
CITY ~'L-ERK City Attorneys Office
It was moved by Champ~ion and seconded by 0'Donne1] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
;{ Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
ppdrehab/res/1023 fdendly-rel.doc
Prepared by: Liz Osbome, 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 1023 Friendly Avenue, Iowa City,
Iowa, and legally described as follows:
Lot 5 in Block 4 in Sunnyside Addition to Iowa City, Iowa, according to the
recorded plat thereof, subject to easements, agreements and restrictions of
record
from an obligation of the owners, Kurt W. and Michelle R. MackeI-Wiederanders, to the City of
Iowa City in the total amount of $1,286 represented by a Mortgage recorded November 20,
2001, Book 3176, Page 621 through Page 625 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property i~3 hereby released from any liens or clouds
upon title to the above property by reason of said prior recorded document.
CITY ~I_ERK City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 1/<, day of ~AP..c~ , A.D. 20 o'~C. , before me, the undersigned, a
Notary Public in and for said ~;ounty, in said State, personally appeared Ernest W. Lehman and
Madan 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. c,'F- 7.,~ , adopted by the City Council on the (& day
NV~c~, 20'~a¢ and that the said Ernest W. Lehman and Marian K. Karr 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.
I.~1 So.DRAE FORT ]
[~' A~, bi Commtssion Number 15979t~
- Notary Public in and for Johnson County, Iowa
ppdrehab/1023friendly-ret.doc
Prepared by: Liz Osborne, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO, 04-74
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND FULL SPECTRUM LENDING, DAVENPORT, IOWA
FOR PROPERTY LOCATED AT 2132 HOLLYWOOD BOULEVARD, IOWA
CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total
amount of $13,400, executed by the owner of the property on September 19, 1996, and
recorded on September 25, 1996, in Book 2160, Page 307 through Page 311, and
amended for a lesser amount on July 21, 1997, and recorded on July 25, 1997, in Book
2313, Page 200 through Page 200 "D" in the Johnson County Recorder's Office covering
the following described real estate:
Lot 14, in Block 2, Fair Meadow Addition First Unit, Iowa City, Io~a according to
the recorded plat thereof.
WHEREAS, Full Spectrum Lending is financing a loan in the amount of $60,000 to the owner of
2132 Hollywood Boulevard 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
Full Spectrum Lending secured by the proposed mortgage in order to induce Full Spectrum
Lending to make such a loan; and
WHEREAS, Full Spectrum Lending has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinate to the lien of said mortgage
with Full Spectrum Lending; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a
second, 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 Full Spectrum Lending, Davenport,
Iowa.
Passed and approved this 16th day of __
Approved by
CITY-CLERK City Attorney's Office
ppdrehab/resJ2132hollywood dcc
Resolution No. 04-74
Page ;~
It was moved by Champi on and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and FULL
SPECT~RUM LENDING of Davenport, Iowa, herein the Financial institution.
WHEREAS, the City is the owner and holder of certain Mortqa.qe which at this time is in the
amount of $13,400, and where executed by Judith K. Kahler .(herein the Owner), dated
September 19, 1996, recorded September 25, 1996, in Book 2160, Page 307 through Page 311,
and an amended Mortqage in the amount of ~11, 586, dated July 21, 1997, recorded July 25,
1997, in Book 2313, Page 200 through Page 200 "D", Johnson County Recorder's Office, covering
the following described real property:
Lot 14, in Block 2, Fair Meadow Addition First Unity, Iowa City, Iowa, according to the
recorded plat thereof.
WHEREAS, the Financial Institution proposes to loan the sum of $60,000 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the
Mort,qaqes 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 Mort.qaqes held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortgages of the City.
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 /G day of I~.&~..~.l~ ,20 ~, .
CITY OF iOWA CITY FINANCIAL INSTITUTION
Attest:
City C-'~rk
CITY'S ACKNOWLEDGEMENT
STATE OF iOWA )
) SS:
JOHNSON COUNTY )
On this /~ day of t~J~,~J~c~ ,20 ~___.~, before me, the undersigned, a Notary
Public in and for the State of [owal personally appeared 3~¢~,,~.~'r ',~. I..~.~¢¢,~3 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 (Ordinance)
(Resolution) No. 'o4,-- '7~r passed (the Resolution adopted) by the City Council, under Roll Call
No. -. ~ of the City Council on the //~ day of ~ ,20 O Ct , and
that ~'~'~'~'~'~'~'~'~'~'~u,4E_%"t-' ~,~. L~-,~ 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 ~
Corem ssion Number 159791~ ~
M~' Commissi0a Expires ~ --
~ Notary Public in and for the State of iowa
83/88/28841 18:53 3193565889 CITY OF IOWA CITY PAGE 82/82
S~ATJ OF IOWA )
I ) sS. :
JOHRI ON COUNTY )
undem~gmd, a No~ Public in a~ for ~ S~te ~ Io~, pemonally ap~ar~
?~? ~C~Cn~ m me pemonatly kn~, ~o ~ing by m duly sworn, did say that
~, ~i~n~ ~n beha[f~f ~id m~rati~ by au~od~ of i~ Board ~Dimctom; and ~at said
~~1 a~n~ledged the ex~ti~ of ~id ins~ment to be ~e ~lun~
am an~ deed ~ sa~d ~om~m by ~t and by h ~er mlun~fily exerted_
I
J~1 J. CURRY J
Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-75
RESOLUTION AUTHORIZING AND DIRECTING THE JOHNSON COUNTY AUDITOR TO
SUBMIT TO THE VOTERS THE QUESTIONS OF WHETHER IOWA CITY SHOULD BE
AUTHORIZED TO ESTABLISH AS A CITY UTILITY AN ELECTRIC LIGHT AND POWER
PLANT AND SYSTEM AND WHETHER TO PLACE THE MANAGEMENT AND CONTROL OF
SAID UTILITY IN A FIVE-MEMBER BOARD OF TRUSTEES.
WHEREAS, the City Council passed Ordinance No. 86-3296 on September 9, 1986, which
granted Iowa-Illinois Gas and Electric Company, to which MidAmerican Energy Company is a
successor in interest, a fifteen-year franchise to furnish and sell electricity to the City and its
inhabitants;
WHEREAS, said franchise agreement has expired;
WHEREAS, on January 21, 2004, pursuant to section 388.2 of the Iowa Code, a valid petition
as defined in section 362.4 of the Iowa Code was accepted for filing by the City Clerk
requesting that a proposal to establish an electric light and power city utility and place
management and control of such utility in a Board of Trustees consisting of five trustees be
submitted to the voters at the next regular city election;
WHEREAS, section 388.2 of the Iowa Code requires that said proposal to establish a city utility
and utility board be submitted to the voters at the next regular city election; and
WHEREAS, the next regular city election will be held on November 8, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Johnson County Auditor is hereby authorized and directed to place the following questions
before the qualified electors of the City of Iowa City, Iowa at the next regular city election on
November 8, 2005:
Shall the City of Iowa City in the County of Johnson, Iowa, be authorized to establish as
a city utility an electric light and power plant and system?
Yes No
Shall the management and control of an electric light and power plant city utility be
placed in a Board of Trustees consisting of five trustees as provided by law?
Yes No
Passed and approved this 16th dayof March ,2004.
Resolution No. 04-75
Page 2
App. r,~ed by ~ ·
CITY C'rL-ERK City Attorney's Office
sue/ord &r6s/ResMu niEI.doc
Resolution No. 04-75
Page 3
It was moved by Champion and seconded by 0'Donne11 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
× Lehman
X O'Donnell
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. 04-76
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE PARTIAL RELEASE OF A STORM SEWER AND
DRAINAGE EASEMENT AGREEMENT, AND A NEW STORM SEWER AND
DRAINAGE EASEMENT ON LOTS 205 AND 206, WINDSOR RIDGE - PART
TEN, LOCATED ON DRYDEN COURT.
WHEREAS, the City possesses a storm sewer and drainage easement on Lots 205 and 206,
Windsor Ridge - Part Ten; and
WHEREAS, at the request of the current property owner, the Public Works Department has
determined that the location of the easement should be changed to accommodate the needs of the
property owner; and
WHEREAS, the storm sewer and drainage easement currently held by the City should be released
upon the property owners' execution of a new easement agreement relocating the easement
acceptable to the Public Works Department and approved by the City Attomey's Office; and
WHEREAS, the Public Works Department and City Attorney's Office recommend the release of
the currently held sewer easement on these terms and conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The City Council finds that it is in the public interest to release the currently held storm sewer
and drainage easement on Lots 205 and 206, Windsor Ridge ~ Part Ten, generally located on Dryden
Court.
2. The City of Iowa City does hereby abandon, release, and relinquish all right, title, and interest
in the storm sewer and drainage easement running along the boundary between Lots 205 and
205, Windsor Ridge - Part Ten, from a lien or cloud upon the title placed thereon by virtue of the
Final Plat of Windsor Ridge - Part Ten, recorded at Plat Book 41, Page 53, and the Permanent
Storm Sewer, Drainage and Sanitary Sewer Easement Agreement recorded at Book 2886, Page
189, in the records of the Johnson County Recorder, and the Mayor is hereby authorized to sign and
the City Clerk to attest a release of said easement, and a new easement agreement in lieu thereof, in a
form approved by the City Attorney's Office and the Public Works Department, sufficient for
recordation.
3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, along with the appropriate release and easement
agreements as approved by the City Attorney's Office and the Public Works Department and proceed
to record said documents at the expense of the current property owner.
Passed and approved this ;[6th dayof Na~'ch ,20. 04
oved by ~
Resolution No, 04-76
Page 2
It was moved by Champ'ion and seconded by 0'Donne1 ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Shelley McCaffedy, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB04~0002)
RESOLUTION NO. 04-77
RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART 9, IOWA CITY, IOWA.
WHEREAS, the owner, Dave-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part 9,
Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in the West One-Half
of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa, to wit:
Beginning at the most Easterly corner of Galway Hills Subdivision - Part Eight, in accordance
with the Recorded Plat thereof; Thence N59°21'58"W, along the Northeasterly line of said
Galway Hills Subdivision - Part Eight, 193.22 feet; Thence Southwesterly, along the
Northeasterly line of said Galway Hills Subdivision - Part Eight, 34.25 feet, and a 210.00 foot
radius curve, concave Northwesterly, whose 34.21 foot chord beara S35°18'20"W; Thence
N50°01'22"W, along the Northeasterly line of said Galway Hills Subdivision - Part Eight,
153.17 feet, to the Northeast corner thereof, and a point on the South line of Galway Hills
Subdivision, Part One, in accordance with the Plat thereof recorded in Book 31, at Page 247
of the records of the Johnson County Recorder's Office; Thence S89°58'58"E, along the
South line of said Galway Hills Subdivision, Part One, 31.26 feet, to the Southeast corner
thereof; Thence N00°01'02"E, along the East line of said Galway Hills Subdivision, P.art One,
141.98 feet; Thence N08°46'04"E, along the said East line, 124.79 feet; Thence N27°46'53"E,
along the said East line, 21.91 feet, to the Southwest corner of Galway Hills Subdivision - Part
Seven, in accordance with the Plat thereof recorded in Book 46, at Page 253 of the records of
the Johnson County Recorder's Office; Thence S69°50'35"E, along the Southerly line of said
Galway Hills Subdivision - Part Seven, 134.06 feet; Thence Southwesterly, along said
Southerly line, 8.56 feet, and a 325.00 foot radius curve, concave Southeasterly, whose 8.56
foot chord bears S19°24'08"W; Thence S71021'10"E, along said Southerly line, 187.00 feet;
Thence S04°34'50"W, along said Southerly line, 31.29 feet; Thence S82°34'27"E, along said
Southerly line, 81.55 feet; Thence N89054'28"E, along said Southerly line, 85.41 feet; Thence
N81°15'35"E, along said Southerly line, 143.78 feet; Thence S06°55'18"E, along the Westerly
line of said Galway Hills Subdivision - Part Seven, 175.16 feet; Thence Northeasterly, along
said Westerly line, 2.37 feet, and a 419.15 foot radius curve, concave Southeasterly, whose
2.37 foot chord bears N83°14'25"E; Thence S06°35'51"E, along said Westerly line, 125.00
feet, to the Southwest corner thereof; Thence S78°18'51"W, 67.61 feet; Thence
S79°47'13"W, 63.50 feet; Thence S89048'19"W, 96.82 feet; Thence N87°32'1 I"W, 79.86 feet;
Thence N83°27'53"W, 74.99 feet; Thence N07°03'26"E, 125.00 feet; Thence N82°56'34"W,
20.00 feet; Thence S07°03'26"W, 136.28 feet, to the Point of Beginning. Said Pamel of land
contains 4.76 acres, and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2001) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Resolution No. 04-77
Page 2
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements, and public open space as
provided by law and specifically sets aside portions of the dedicated land, namely streets, as
not being open for public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this 16th day of March ,2004.
Approved by
CITY C-'-LERK 'CTty ~,t{o~e~s Office
It was moved by Vanderhoef and seconded by Ell i0tt the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliot
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washinglon St., Iowa City, IA 52240; 319~356-5243 (SUB04-0~03)
RESOLUTION NO. 04-78
RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART 8, IOWA CITY, IOWA.
WHEREAS, the owner, Dave-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part 8,
Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in the West One-Half
of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa, to wit:
Beginning at the most Easterly corner of Galway Hills Subdivision - Part Eight, in accordance
with the Recorded Plat thereof; Thence N59°21'58"W, along the Northeasterly line of said
Galway Hills Subdivision - Part Eight, 193.22 feet; Thence Southwesterly, along the
Northeasterly line of said Galway Hills Subdivision - Part Eight, 34.25 feet, and a 210.00 foot
radius curve, concave Northwesterly, whose 34.21 foot chord bears S35°18'20"W; Thence
N50°01'22"W, along the Northeasterly line of said Galway Hills Subdivision - Part Eight, 153;17
feet, to the Northeast corner thereof, and a point on the South line of Galway Hills Subdivision,
Part One, in accordance with the Plat thereof recorded in Book 31, at Page 247 of the records
of the Johnson County Recorder's Office; Thence S89°58'58"E, along the South line of said
Galway Hills Subdivision, Part One, 31.26 feet, to the Southeast corner thereof; Thence
N00°01'02"E, along the East line of said Galway Hills Subdivision, Part One, 141.98 feet;
Thence N08046'04"E, along the said East line, 124.79 feet; Thence N27°46'53"E, along the
said East line, 21.91 feet, to the Southwest corner of Galway Hills Subdivision - Part Seven, in
accordance with the Plat thereof recorded in Book 46, at Page 253 of the records of the
Johnson County Recorder's Office; Thence S69°50'35"E, along the Southerly line of said
Galway Hills Subdivision - Part Seven, 134.06 feet; Thence Southwesterly, along said
Southerly line, 8.56 feet, and a 325.00 foot radius curve, concave Southeasterly, whose 8.56
foot chord bears S19°24'08"W; Thence S71°21'10"E, along said Southerly line, 187.00 feet;
Thence S04°34'50"W, along said Southerly line, 31.29 feet; Thence S82°34'27"E, along said
Southerly line, 81.55 feet; Thence N89°54'28"E, along said Southerly line, 85.41 feet; Thence
N81015'35"E, along said Southerly line, 143.78 feet; Thence S06°55'18"E, along the Westerly
line of said Galway Hills Subdivision - Part Seven, 175.16 feet; Thence Nodheasterly, along
said Westerly line, 2.37 feet, and a 419.15 foot radius curve, concave Southeasterly, whose
2.37 foot chord beam N83°14'25"E; Thence S06°35'51"E, along said Westerly line, 125.00
feet, to the Southwest corner thereof; Thence S78°18'51"W, 67.61 feet; Thence S79°47'13"W,
63.50 feet; Thence S89°48'19"W, 96.82 feet; Thence N87°32'11"W, 79.86 feet; Thence
N83°27'53"W, 74.99 feet; Thence N07°03'26"E, 125.00 feet; Thence N82°56'34"W, 20.00 feet;
Thence S07°03'26"W, 136.28 feet, to the Point of Beginning. Said Parcel of land contains 4.76
acres, and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2001) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Resolution No. 04-78
Page 2
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements, and public open space as
provided by law and specifically sets aside portions of the dedicated land, namely streets, as
not being open for public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this 16th day of March ,2004.
Approved by
(~ITY"CLERK i y Attorney s Office
It was moved by Champi0rl · and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliot
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-79
RESOLUTION AUTHORIZING CONVEYANCE OF A 'r~VENTY FOOT WIDE BY
EIGHT HUNDRED 'TWENTY FOOT LONG PARCEL OF PROPERTY LOCATED
WITHIN AND ALONG THE NORTHERN BOUNDARY OF LOT 3, RUPPERT
HILLS SUBDIVISION, TO RAYCAL, IOWA LTD.
WHEREAS, RayCal Iowa, Ltd., as the record owner of the above-referenced property and
property adjacent thereto has requested that the City quit claim any interest the City may have in
said above-referenced property by virtue of an 1848 plat; and
WHEREAS, the owners of said property have paid real estate taxes on it for many years, the City
has never acknowledged, used or needed said property for any public purpose, and the City has
been granted all necessary property interests in connection with the final plat of Ruppert Hills
Subdivision; and
WHEREAS, upon proper notice and public hearing according to Iowa Code Section 384.7 it is
determined that the disposition of the subject property is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby authorize conveyance of an interest the City may have in
the above-referenced parcel of property, to RayCal Iowa Ltd.
2. The Mayor and City Crerk are hereby authorized and directed to execute written contracts,
deeds and all other documentation in a form approved by the City Attorney, to complete
the transaction provided for and as set forth above. The City Attorney is authorized and
directed to record al~ the necessary documentation to transfer title of said property to the
purchasers at their expense.
Passed and approved this 16th dayof March ,2004.
CITY C~ERK
Approved by _.~
~'i't~/At'~orney'~ Office
Resolution No. 04-79
Page 2
It was moved by Champion and seconded by 0'Donnel ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
× Champion
X Elliott
X Lehman
~ O'Donnell
X Vanderhoef
X Wilburn
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION HORIZING CONVEYANCE OF A TWENTY WIDE BY
EIGHT HUNDRED IENTY FOOT LONG PARCEL OF PROPEF
iE NORTHER BOUNDARY OF LOT 3, PPERT HILLS
SUBDIVISION, TO IOWA LTD.
WHEREAS, RayCal Iowa, Ltd., as e record owner of the ~-referenced property and
property adjacent thereto has City quit claim ar City may have in
said above-referenced property by virtue. 1848 plat; and
WHEREAS, the owners of said ~id real estate it for many years, the City
has never acknowledged, used or needed said )perty for and the City has
been granted all necessary property interests with the final plat of Ruppert Hills
Subdivision; and
WHEREAS, upon proper notice and pubiic hearing to Iowa Code Section 364.7 it is
determined that the disposition of the subject ~e public interest.
NOW, THEREFORE, BE IT HEREBY BY :ITY COUNCIL OF IOWA CITY,
IOWA, that:
The City Council does hereby of an~terest the City may have in
1. the above-referenced parcel of prope~ to RayCal Iowa Ltd. ~
/
2. The Mayor and City Clerk are he y authorized and directed to b~ecute written contracts,
deeds and all other documentati in a form approved by the Cit~Attorney, to complete
the transaction provided for an~ set forth above. The City Attorney is authorized and
directedpurchaserstO recordat theirallexpense.the documentation to transfer title of'~aid,~ property to the
Passed and approved this day of ,2004. ~
MAYOR
ATTEST:
CITY CLERK
Approved
City
Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139
RESOLUTION NO. 04--80
RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND ESTIMATE OF
COST FOR CONSTRUCTION OF THE HIGHWAY 6 SIDEWALK EXTENSION
PROJECT (STP-E-3715(624)--8V-52), AND DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS.
WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and
WHEREAS, bids will be accepted on April 20, 2004 at 10:00 a.m., Ames, Iowa at the Department
of Transportation; and
WHEREAS, notice of public hearing on the plans, specifications, 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 COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1. The plans, specifications, and estimate of cost for the above-named project are hereby
approved.
2. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids to
be let by the IDOT, for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city.
Passed and approved this 16th day of ~la~-ch ,20 04
Approved by
CITY'CLERK City Attorneys Office
It was moved by ~4'i] burn and seconded by Vander'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
× Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
pweng/res/hw~6sidewalk doc
Prepared by: Kevin L. Doyle, Asst. Transp. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253
RESOLUTION NO. 04-81
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FY2005 IOWA DOT STATE
TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION
FUNDING.
WHEREAS, the City of Iowa City, Iowa has undertaken to provide its residents with a public
transportation system; and
WHEREAS, the Iowa Department of Transportation offers financial assistance to local
governmental units for their public transportation systems.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
We, hereby, authorize Stephen J. Atkins, City Manager, on behalf of the City of Iowa City, to apply
for financial assistance as noted below and to enter into related contract(s) with the Iowa
Department of Transportation.
From the State Transit Assistance Program:
3.314895% (approximately $255,857) of Formula Funds
From federal capital and operating assistance for transit:
$6,O32,573
We understand acceptance of federal transit assistance involves an agreement to comply with
certain labor protection provisions.
We certify that the City of Iowa City has sufficient non-federal funds to provide required local
match for capital projects and at time of delivery will have the funds to operate and maintain
vehicles and equipment purchased under this project.
We request the State Transit Assistance formula funding be advanced monthly as allowed by law,
to improve transit system cash flow.
Passed and approved this 16th dayof March ,2004
Approved by
CITY-CLERK City Attorneys--Office
Resolution No. 04-81
Page 2
It was moved by Vanderhoef and seconded by Ba~i ] e,y the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
March 1~ .2004
The City Council of Iowa City, Iowa, met in regul ar session, in the Emma J.
Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date.
There were present Mayor Lehman , in the chair, and the following
named Council Members:
Baile.¥, Champion, Elliott, Lehman, O'Donnell,
Vanderhoef, Wilburn
Absent: None
-1-
The presiding officer announced that this was the time and place for the public
hearing and meeting on the matter of the issuance of not to exceed $18,150,000 Sewer
Revenue Refunding Bonds of said City, in order to provide funds to pay costs of
refunding outstanding sewer revenue indebtedness of the City, and that notice of the
proposed action to institute proceedings for the issuance of said bonds, had been
published pursuant to the provisions of Section 384.83 of the City Code of Iowa.
Inquiry was made whether any written objections had been filed by any resident or
property owner of the City to the issuance of said bonds by the City. The Clerk stated that
no written objections had been filed. Oral objections to the issuance of said bonds
were then called for and received and none were made. Whereupon, the presiding
officer declared the time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made, if any)
-2-
The Mayor announced that this was the time and place for the public hearing and
meeting on the matter of the issuance of not to exceed $17,000,000 General Obligation
Refunding Bonds in order to provide funds to pay costs of refunding outstanding general
obligation indebtedness of the City, an essential corporate purpose, and that notice of the
proposed action by the Council to institute proceedings for the issuance of said bonds,
had been published pursuant to the provisions of Section 384.25 of the City Code of
Iowa.
The Mayor then asked the Clerk whether any written objections had been filed by
any city resident or property owner to the issuance of said bonds. The Clerk advised the
Mayor and the Council that no written objections had been filed. The Mayor then
called for oral objections to the issuance of said bonds and none were made.
Whereupon, the Mayor declared the time for receiving oral and written objections to be
closed.
(Attach here a summary of objections
received or made, if any)
-3-
The proposed action and the extent of objections thereto were then considered.
Whereupon, Council Member 0'D0nnel 1 introduced and
delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
ISSUANCE OF NOT TO EXCEED $18,150,000 SEWER REVENUE REFUNDING
BONDS," and moved its adoption. Council Member Wi 1 burn
seconded the motion to adopt. The roll was called and the vote was,
AYES: Bailey. Champion. Ellintt. Lehman. O'Donnell,
Vanderhoef. Wilburn
NAYS: None
Whereupon, the Mayor declared said Resolution duly adopted as follows:
Resolution No. 04-82
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $18,150,000 SEWER REVENUE
REFUNDING BONDS
WHEREAS, pursuant to notice published as required by law, a public meeting and
hearing has been held upon the proposal to institute proceedings for the issuance of not to
exceed $18,150,000 Sewer Revenue Refunding Bonds for the purpose of paying costs of
refunding outstanding sewer revenue indebtedness of the City; and the extent of
objections received from residents or property owners as to said proposed issuance of
bonds has been fully considered; and, accordingly the following action is now considered
to be in the best interests of the City and residents thereofi
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section I. That this governing body does hereby institute proceedings and takes
additional action for the sale and issuance in the manner required by law of not to exceed
$18,150,000 Sewer Revenue Refunding Bonds for the foregoing purpose.
-4-
PASSED AND APPROVED, this 16th day of March .,
2004.
Mayor
ATTEST:
City'L-'T6rk
-5-
The Council then considered the proposed action and the extent of objections
thereto.
Whereupon, Council Member Yanderhoef introduced and delivered to
the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING
PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $17,000,000 GENERAL OBLIGATION REFUNDING BONDS", and
moved:
[] that the Resolution be adopted.
[] to ADJOURN and defer action on the Resolution and the proposal to institute
proceedings for the issuance of bonds to the meeting to be held at
o'clock __.M. on the day of _, 2004, at this
place.
Council Member Champion seconded the motion. The roll was
called and the vote was,
AYES: Champion, Elliott, Lehman, O'Oonnell,
Vanderhoef) Wilbur% Bailey
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
Resolution No. 04-83
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF NOT
TO EXCEED $17,000,000 GENERAL OBLIGATION
REFUNDING BONDS
WHEREAS, pursuant to notice published as required by law, this Council has held
a public meeting and hearing upon the proposal to institute proceedings for the issuance
of not to exceed $17,000,000 General Obligation Refunding Bonds for the essential
corporate purpose of paying costs of refunding outstanding general obligation
indebtedness of the City, and has considered the extent of objections received from
residents or property owners as to said proposed issuance of bonds; and, accordingly the
following action is now considered to be in the best interests of the City and residents
thereofi
-6-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Council does hereby institute proceedings and take additional
action for the sale and issuance in the manner required by law of not to exceed
$17,000,000 General Obligation Refunding Bonds for the foregoing essential corporate
purpose.
PASSED AND APPROVED this 16th day of ~4Orch ,
2004.
ATTEST:
City Clerk
MMCGINLEY~403434\ I \10714.054 & .083
-7-
Prepared by: Steven J. Rackis, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5407
RESOLUTION NO. 04-84
RESOLUTION APPROVING THE IOWA CITY HOUSING AUTHORITY'S
ANNUAL PLAN (FISCAL YEAR 2004).
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority,
and the Department of Housing and Urban Development requires adoption of an updated Annual
Plan; and
WHEREAS, the Annual Plan has been updated to reflect details about the agency's immediate
operations, program participants, programs and services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Iowa City Housing Authodty's Annual Plan (Fiscal Year 2004) be approved.
2. The City Clerk is hereby authorized and directed to certify appropriate copies of this
resolution together with any necessary certifications as may be required by the
Department of Housing and Urban Development
Passed and approved this 16th day of March ,20 04
Approved by
City Attorney's Office
It was moved by Champion and seconded by 0' Donne] ] the Resolution be
adopted, and upon roll call there were;
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliot
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
hisa sst/res/anlpla n2OO4.doc
Prepared by: Bdan Boelk, PW Engineering, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437
RESOLUTION NO. 04-85
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR
CONSTRUCTION OF THE WATERWORKS (PRAIRIE) PARK BUTLER
HOUSE/AMPHITHEATER TRAILS PROJECT.
WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of
$122,348.00 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Metro
Pavers, Inc., subject to the recommendation of the award from the Iowa Department of
Transportation.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the recommendation of the award
from the Iowa Department of Transportation.
Passed and approved this 16th day of Flarch ., 20 04
Approved by
It was moved by Vanderh0ef and seconded by 0'D0nne'll the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT;
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
pweng\res\waterorks.doc
3/04
i 03,~1~04 ~
¢: Brian Boelk, PW Engineering, 410 E. Washington St., Iowa City, IA 52240
RESOLUTION NO.
CONTRACT AND AUTHORIZING THE TO
SION CITY CLERK TO ATTEST A FOR
)F THE WATERWORKS (PRAIRIE) BUTLER
HOUSE/AMPr [ TRAILS PROJECT.
WHEREAS, Metro Pavers, Iowa City, Iowa, has submitted responsible bid of
$122,348.00 for construction project.
NOW, THEREFORE, BE IT BY THE CITY COUNC OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction above-named is hereby awarded to Metre
Pavers, Inc., subject to the of from the Iowa Department of
Transportation.
2. The Mayor is hereby authorized to sign Clerk to attest the contract for
construction of the above-named project, the recommendation of the award
from the Iowa Department of Transportation.
Passed and approved this day of __ ,20
Approved b
CITY CLERK .~a 0ity"E'tt°r~eC"s
It was moved by there ~re~lAy~d. seconded by __ the I~olution be
adopted, and upOnAYEs:rOll call . ABSENT:Badey
/ Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
pweng\res\waterorks doc
3/04
WATERWORKS PARK BUTLER HOUSE/
AMPHITHEATER TRAILS PROJECT
NOTICE TO BIDDERS
STATE OF IOWA - Sealed bids will be received on December 16, 2003 by the Iowa Department of
Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of
construction and/or maintenance work.
Plans, specifications and proposal forms for the work may be seen and secured at the Office of
Contracts, Iowa Department of Transportation, 600 Lincoln Way, Ames, Iowa until noon on the day
previous to the letting.
Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln
Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting
and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30
p.m.
The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an
official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid
depository is available for a two-hour period prior to the deadline for submission of bids. In the case of
disruption of national communications or loss of services by www.bidx.com during this two-hour period,
the iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to
submit bids. Instructions will be communicated to potential bidders.
Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames,
Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise
specified by the Iowa Department of Transportation.
All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts
Off[ce, sealed and plainly marked. Proposals containing any reservations not provided for in the forms
furnished will be rejected. The Iowa Department of Transportation reserves the right to waive
technicalities and to reject any or all bids.
A Proposal Guarantee not less than the amount as set forth in the proposal form shall be filed with each
proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified
share draft, cashier's check, money order or bank draft drawn on a solvent bank or credit union.
Certified checks or credit union certified share drafts shall bear an endorsement signed by a
responsible official of such bank or credit union as to the amount certified. Cashier's checks, money
orders or bank drafts shall be made payable either to the Contracting Authority or to the bidder and,
where made payable to the bidder, shall contain an unqualified endorsement to the Contracting
Authority signed by the bidder or the bidder's authorized agent. A properly completed Contractor's Bid
Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043),
both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of
that specified above.
The contracting authority will issue an exemption certificate for the purchase or use of building
materials, supplies, and equipment that will be used in the performance of the construction contract, as
provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5).
FaiLure to execute a contract and file an acceptable Performance Bond and Certificate of Insurance
within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and
sufficient cause for the denial of the award and the forfeiture of the proposal guarantee.
The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all
bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement,
disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, or national origin in
consideration for an award.
On Federal Aid projects, where disadvantaged business enterprise goals have been established, the
bidder is required to complete and submit form 102115 with the bid documents. On all projects without
goals, the contractor must show that affirmative actions have been made to seek out and consider
disadvantaged business enterprises as potential sub-contractors.
Some of the projects may be listed in multiple proposals (as an individual project or as part of a
combined package of projects). The Contracting Authority will determine which combination of
proposals produce the lowest bid for these projects.
The listing of projects, and details of the project, for which bids are to be taken will be available to
potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations:
· Posted on the Internet at www.bidx.com
· Available in the Iowa Department of Transportation's "Weekly Letting Report"
· Available by calling the Office of Contracts of the Iowa Department of Transportation at 515-
239-1414.
Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor
and are set forth in the specifications. However, this does not apply to projects off the Federal-Aid
System.
All Federal Aid projects are subject to the Work Hours Act of 1962, P. L. 87-581 and Implementing
regulations.
By virtue of statutory authority, a preference will be given to products and provisions grown and coal
produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against
a non-resident bidder from a state or foreign country which gives or requires a preference to bidders
from that state or foreign country both on projects in which there are no Federal Funds involved.
IOWA DEPARTMENT OF TRANSPORTATION
OFFICE OF CONTRACTS
TELEPHONE: 515-239~1414
Bid Order: 101 No DBE Goal
Work Type: PCC TRAIL
Guarantee: $12,500.00
Project(s): JOHNSON - STP-E-3715(623)--8V-52
UNNAMED ROUTE PCC TRAIL IOWA CITY WATERWORKS PLANT SITE, NW OF DUBUQUE
ST & 1-80, BUTLER HOUSE AREA
Prepared by: Denny Gannon, Public Works, 419 E. Washington St., Iowa City, IA 52240 (319) 356-5142
RESOLUTION NO. 04-86
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
IOWA DEPARTMENT OF TRANSPORTATION FOR A FEDERAL AID PROJECT
FOR THE REPLACEMENT OF THE MEADOW STREET BRIDGE, WHICH
SPANS RALSTON CREEK.
WHEREAS, the City of Iowa City has negotiated an agreement with the Iowa Department of
Transportation, a copy of said agreement being attached to this Resolution and by this reference
made a part hereof; and
WHEREAS, the City Council deems it in the public interest to enter into said agreement with the
Iowa Department of Transportation for a Federal Aid Highway Bridge Replacement and
Rehabilitation Program Project BROS-3715(626)-8J-52 for the replacement of the Meadow
Street bddge which spans Ralston Creek. This agreement will provide federal aid funding of 80%
of eligible costs or $1,000,000, whichever is less.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Mayor and City Clerk are hereby authorized and directed to execute the agreement in
duplicate with the Iowa Department of Transportation.
2. The City Clerk shall fumish copies of said agreement to any citizen requesting same.
Passed and approved this ].6th dayof Ma,'ch ,2004
Approved by
ATTEST: ~
ClTY'C'gERK City Attorney's Office
It was moved by Vanderh0ef and seconded by Wilburn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
January 2004
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR FEDERAL-AID HIGHWAY BRIDGE
REPLACEMENT AND REHABILITATION (HBRR) PROGRAM
PROJECT
RECIPIENT: City of Iowa City
PROJECT NO: BROS-3715(626)--8J-52
IOWA DOT
AGREEMENT NO: 6-04-HBRR-09
This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the
RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the
DEPARTMENT). Iowa Code Sections 306A.7 and 307.44 provide for the RECIPIENT and the
DEPARTMENT to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds. The
RECIPIENT proposes a Highway Bridge Replacement and Rehabilitation (HBRR) Program
project for funding under Sec. 144 of Title 23, United States Code.
The Transportation Equity Act for the 21st Century (TEA-21), enacted in 1998, provided for the
Federal-aid Highway Bridge Replacement and Rehabilitation (HBRR) Program to replace or
rehabilitate bridges on public roads on and off the Federal-aid System. Federal regulations
provide that the HBRR funds are to be administered by the DEPARTMENT.
The OMB (Office of Management and Budget) Circular A-133 requires the RECIPIENT to
report the CFDA (Catalog of Federal Domesrie Assistance) number and title on all Federal-Aid
Projects. The RECIPIENT will use CFDA #20.205 and rifle, "Highway Planning and
Construction" for this project. This information should be reported in "The Schedule of
Expenditures of Federal Awards".
Pursuant to the terms of this agreement, applicable statutes, and administrative rules (761 IAC
Chapter 161 ), the DEPARTMENT agrees to provide HBRR funding to the RECIPIENT for the
authorized and approved costs for eligible items associated with said improvements.
In consideration of the foregoing and the mutual promises contained in this agreement, the
parties agree as follows:
1. The RECIPIENT shall be the lead local governmental agency for carrying out the
provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the
DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's contact
person shall be the District 6 Local Systems Engineer. The RECIPIENT's contact person
shall be the Assistant City Engineer.
HBRR Program Project Agreement
Page 2
3. The RECIPIENT shall be responsible for the development and completion of the
following described bridge project:
A. FHWA Structure Number: 006560
B. Location: Meadow Street over S. Branch of Ralston Creek
C. Preliminary Estimated Total Cost: $492,000
4. The RECIPIENT shall receive reimbursement for authorized and approved project costs
of eligible items from HBRR Federal funds. The portion of the eligible project costs paid
by HBRR Federal funds shall be limited to a maximum of 80 percent of eligible costs or
one million dollars ($1,000,000), whichever is less.
5. The eligible project construction limits shall include the bridge plus grading and/or
paving to reach a "touchdown" point determined by the DEPARTMENT.
6. Federal-aid HBRR funds may be used to cover engineering costs (design and
construction inspection services). If the RECIPIENT chooses to use Federal-aid I-IBRR
funds for consulting engineering purposes, the $1,000,000 project funding limit will also
include the amount of Federal-aid funds for engineering services, if authorized.
7. This agreement will become null and void if the project described in Section 3. chops out
of the approved current Statewide Transportation Improvement Program (STIP) prior to
obligation of Federal funds.
8. If any part of this agreement is found to be void and unenforceable, the remaining
provisions of this agreement shall remain in effect.
9. It is the intent of both parties that no third party beneficiaries be created by this
agreement.
10. This agreement shall be executed and delivered in two or more copies, each of which
so executed and delivered shall be deemed to be an original and shall constitute but
one and the same instrument.
11. The project must be let to contxact within three (3) years of the date this agreemem is
approved by the DEPARTMENT. If not, the CITY may be in default, for which the
DEPARTMENT may revoke funding commitments. This agreement may be extended
for a period of six (6) months upon receipt of a written request from the CITY at least
thirty (30) days prior to the three (3) year deadline.
HBRR Program Project Agreement
Page 3
12. This agreement, as set forth in items 1 through 12 and EXHIBIT 1 paragraphs 1 through
30 herein, constitutes the entire agreement between the DEPARTMENT and the
RECIPIENT concerning this project. Representations made before the signing of this
agreement are not binding, and neither party has relied upon conflicting representations
in entering into this agreement. Any change or alteration to the terms of this agreement
must be made in the form of an addendum to this agreement. Said addendum shall
become effective only upon written approval of the DEPARTMENT and the
RECIPIENT.
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6-04-
HBRR-09 as of the date shown opposite its signature below.
RECIPI.F2qlT: City of Iowa City /'3
B Date March 16 _, 2004
Title Mayor
I, Marian K. Karr , certify that I am the Clerk of the CITY, and
that Ernest W. Lehman , who signed said Agreement for and On behalf of the
CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and
adopted by the CITY, onthe 16th dayof March _, 2004.
Signed ~2~/~e_~ ~. 5~J Date March 16 , 2004
City Clerk of Iowa City, Iowa
IOWA DEPARTMENT OF TRANSPORTATION ~ lfi~t0ffi~'$ 0~05
Highway Division
By ~/~ ~,~ Date
R~ger R. Walton, P.E.
Local Systems Engineer
District 6
December 2003
EXHIBIT 1
Standard Provisions for Federal-Aid
Project Agreement
1. Since this project is to be financed with local and Federal funds, the RECIPIENT shall
take the necessary actions to comply with applicable State and Federal laws and
regulations.
In all programs and activities of Federal-aid recipients, subrecipients, and
contractors, no person in the United States shall be excluded fxom participation
in, be denied the benefits of, or be otherwise subjected to discrimination on the
grounds of race, color, national origin; sex, age or handicap/disability. The
DEPARTMENT will determine a Disadvantage Business Enterprise (DBE)
Commitment on all Federal-aid projects.
2. The RECIPIENT must receive notice of FI~VA authorization from the
DEPARTMENT before beginning any work for which federal-aid Reimbursement
will be requested. The cost of work, occurring prior to securing FItWA
authorization, will not be reimbursed with federal-aid funds. The RECIPIENT
must contact the District Local Systems Engineer to obtain the procedures
necessary to secure FHWA authorization.
3. The RECIPIENT shall take the appropriate actions and prepare the necessary documents
to fulfill the FHWA requirements for project environmental studies including
historical/cultural reviews and location/design approval. The Recipient shall complete '-
any mitigation agreed upon in the FItWA approval document. If farmland is to be
acquired, whether for use as project fight-of-way or permanent easement, the
RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion
Impact Rating form, when required, to the U.S. Natural Resources Conservation Service
0X~CS).
4. The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies
and shall obtain project permits and approvals, when necessary, from the Iowa
Department of Cultural Affairs (State Historical Society of Iowa; State Historic
Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S.
Army Corps of Engineers and the DEPARTMENT, etc.
5. The project plans, specifications and project cost estimate (PS&E) shall be prepared and
certified by a professional engineer licensed to practice in the State of Iowa. The
RECIPIENT shall submit the plans, specifications and other contract documents to the
DEPARTMENT for review and authorization to let the project.
EXHIBIT 1
Page 2
6. If Federal-aid is requested for in-house engineering services, the RECIPIENT will follow
the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to claim
indirect costs under Federal awards, must prepare an indirect cost rote proposal and
related documentation in accordance with the requirements of Office of Management and
Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal
Governments. Reimbursement eligibility requires an indirect cost rote proposal to be
certified by the governmental unit designated cognizant agency or the Federal agency
providing the largest amount of Federal funds to the governmental unit.
7. If Federal-aid is requested for preliminary and/or construction engineering costs, the
RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's
consultant selection process.
8. The RECIPIENT and the Consultant shall prepare a consultant contract for engineering
services in accordance with Title 23, Code of Federal Regulations, Part 172 -
Administration of Negotiated Contracts (23 CFR 172). This is required only if the
RECIPIENT uses federal fimds for engineering services.
9. After the contents of the consultant contract have been mutually approved, the
RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for
authorization only if federal funds are used for engineering services.
10. If preliminary engineering is federally funded, if the "do nothing" alternate is not
selected, and if right-of-way acquisition for or actual construction of the road is not
started by the close of the tenth fiscal year following the fiscal year in which the Federal-
Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an
amount equal to the amount of Federal funds made available for such engineering.
11. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee
title and shall provide relocation assistance benefits and payments in accordance with the
procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT
shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with
the required procedures, even if no federal fimds in Right of Way purchase are involved.
The RECIPIENT will need to get environmental concurrence before acquiring any
needed right-of-way. With prior approval, hardship and protective buying is possible. If
the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the
RECIPIENT will need to get environmental concurrence and Federal Highway
Administration's (FHWA) authorization before purchasing any needed right-of-way.
12. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and
County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities
on Primary Road System when on State's right of way. Certain utility relocation,
alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible
for Federal-aid reimbursement in accordance with the FHWA roles applicable to the type
of utility involved and Iowa Code Chapter 306A.
EXHIBIT 1
Page 3
13. Traffic control devices, signing, or pavement markings installed within the limits of this
project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and
Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the
general public shall be assured through the use of proper protective measures and devices
such as fences, barricades, signs, flood lighting, and warning lights as necessary.
14. The RECIPIENT shall forward a Federal-aid Project Development Certification and final
PS&E to the DEPARTMENT. As a condition for the Department to let project, the
RECIPIENT agrees that the RECIPIENT has the financial resources to proceed with the
project if bids submitted are 110% of the project cost estimate or less. If the RECIPIENT
is a city, the RECIPIENT shall comply with the public hearing requirements of the Iowa
Code section 384.102.
15. If the project is to be accomplished via a contract awarded by competitive bidding, the
project will be let by the DEPARTMENT in accordance with its normal letting
procedures. After bids are received and reviewed, the DEPARTMENT will furnish the
RECIPIENT with a tabulation of responsive bids received.
16. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff
Action for concurrence to award the contract. The DEPARTMENT will mail three (3)
originals of the unexecuted contract(s) to the RECIPIENT.
17. The RECIPIENT shall take action to award the contract or reject all bids. Following
award of contract and signature by the lowest responsive bidder, the RECIPIENT shall
forward to the DEPARTMENT two (2) copies of the fully executed contract, two (2)
copies of the performance bond, and two (2) copies of the certificate of insurance.
18. If Federal-aid is requested for force account construction, the RECIPIENT will follow the
procedure outlined by the DEPARTMENT.
19. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for
Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds.
20. The RECIPIENT shall comply with the procedures and responsibilities for materials
testing and construction inspection according to Department's Instructional
Memorandunas (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing
services according to its normal policy.
2 I. The project shall be constructed under the DEPARTIVlENT's Standard Specifications and
applicable special provisions. Prior to their use in the PS&E, specifications developed by
the RECIPIENT for individual construction items shall be approved by the
DEPARTMENT.
22. If the project right-of-way is federally funded and if the actual construction is not
EXHIBIT 1
Page 4
undertaken by the close of thc twentieth fiscal year following the fiscal year in which the
Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or sums
of Federal funds in the fight of way to the DEPARTMENT.
23. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for
reimbursemem for eligible project costs. Reimbursement claims shall include
certification that all eligible project costs, for which reimbursement is requested, have
been completed in substantial compliance with the terms of this agreemem.
24. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and
certified claims for eligible project costs, either by state warrant, or by crediting other
accounts from which payment may have been initially made. If, upon audits of contracts,
the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall
reimburse the overpaid amount to the DEPARTMENT.
25. Upon completion of the project described in this agreement, a professional engineer
licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT
that the project was completed in substantial compliance with the plans and
specifications set out in this agreement. Final reimbursement of Federal funds shall be
made only after the DEPARTMENT accepts the project as complete.
26. The RECIPIENT shall maintain all books, documents, papers, accounting records,
reports and other evidence pertaining to costs incurred for the project. The RECIPIENT
shall also make such materials available at all reasonable times during the construction
period and for three years from the date of final Federal reimbursement, for inspection by
the DEPARTMENT, FHWA, or any authorized representatives of the Federal
Government. Copies of said materials shall be furnished by the RECIPIENT if
requested.
27. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless
from any action or liability arising out of the design, construction, maintenance,
placement of traffic control devices, inspection or use of this project. This agreement to
indemnify, defend and hold harmless applies to all aspects of the DEPARTIviENT's
application review and approval process, plan and construction reviews, and funding
participation.
28. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement
in a manner acceptable to the DEPARTMENT and the FHWA.
29. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000):
EXHIBIT 1
Page 5
The RECIPIENT stipulates that any facility to be utilized in performance
under or to benefit from this agreement is not listed on the Environmental
Protection Agency (EPA) List of Violating Facilities or is under
consideration to be listed. This is issued pursuant to the requirements of
the Clean Air Act, as amended, and the Federal Water Pollution Control
Act, as amended.
b. The RECIPIENT agrees to comply with all of the requLmments of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution
Control Act, and all regulations and guidelines issued thereunder.
30. If the RECIPIENT elects to levy special assessments as a means ofraising the local share
of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT
in the amount that payments of Federal-aid and collections of special assessments,
excluding interest and penalties, exceed the total cost of the public improvement as
established by the provisions oflowa Code Chapter 384 (Cities) and Iowa Code Chapter
311 (Counties). The RECIPIENT agrees that at such time as its collections (exclusive of
interest and penalties which shall be retained by the RECIPIENT) from special
assessments levied for this project exceed the local share of total projects costs, the
RECIPIENT shall refund to the DEPARTMENT all funds collected in excess ofthe total
project costs (including interest and penalties associated with the amount of the excess)
within sixty (60) days of the receipt of any special assessment payments. The
RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no
longer qualify for an agricultural deferment of the special assessment have been satisfied.
The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of
refunds received from the RECIPIENT.
~V~ TC~ ~ 03-16-04 ~
I
18
I
Prepared by: Sarah E. Holecek, First Asst. At[y., 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
RESOLUTION NO. 04-87
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
DEVELOPER MGD, L.C. FOR THE REDEVELOPMENT OF SYCAMORE MALL
WHEREAS, in September 2000, the City of Iowa City, Iowa ("City") and MGD, L.C.
("Developer") entered into an Agreement for the Private Redevelopment of Sycamore Mall that
provided for the use of tax increment financing to support tax rebate grants to the Developer on
certain improvements as economic incentives for redevelopment of the mall; and
WHEREAS, the original Agreement requires the City's consent on transfers of ownership or
assignment of Developer's obligations under the Agreement; and
WHEREAS, to facilitate estate planning and future transfers, the original members of MGD, L.C.
have requested the City's consent to transfer the ownership of the mall out of the original limited
liability company and into limited liability companies solely owned by each of the original
members, with the real estate to be held as tenants in common; and
WHEREAS, staff recommends consenting to this restructuring of ownership provided MGD, L.C.
remains the operating entity primarily responsible for meeting the Developer's obligations under
the agreement, all tax rebate payments are made payable to MGD, L.C., and all subsequent
ownership transfers are subject to City consent; and
WHEREAS, it is necessary to formally amend the original Agreement to reflect the City's
consent to the restructuring of mall ownership and to memorialize the conditions of upon which
that consent is granted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, JOHNSON COUNTY, IOWA THAT:
The Mayor is authorized to sign and the City Clerk to attest the First Amendment to the
Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, and MGD,
L.C. in triplicate, which is attached hereto and made a part hereof.
Passed and approved this 16th day of March ,20 04
ATTEST:ci~ERK'~.~ ~'~'' ~:~.~2 ~
Sarah\ecodev\sycamore mar TIF rebate agr first amend res doc
Resolution No. 04-87
Page 2
It was moved by Champion and seconded by Ell iott the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Bailey
X Champion
X Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilbum
Information: Kirsten H. Frey, 920 S. Dubuque Street, Iowa City, IA 52240 (319) 351-8181
FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT
BY AND BETWEEN THE CITY OF IOWA CITY AND MGD, L.C.
THIS AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT,
(hereinafter called "Agreement") is made this __ day of March 2004 by and among the City
of Iowa City, Iowa, a municipality, (hereinafter called "City"), established pursuant to the Code
of Iowa of the State of Iowa; MGD, L.C., an Iowa limited liability company having an office for
the transaction of business in Iowa City, Iowa (hereinafter the "Developer") and MEHSM, L.C.,
an limited liability company, GASM, L.C., an Iowa limited liability company, DVHSM, L.C., an
Iowa limited liability company, DGOSM, L.C., an Iowa limited liability company, KDDSM,
L.C., an Iowa limited liability company, and GDA Investments, L.C., an Iowa limited liability
company, (hereinafter jointly and severally referred to as the "Co-Owners");
WITNESSETH:
WHEREAS, the City and the Developer entered into an certain Agreement for Private
Redevelopment dated September 19, 2000, which involved the use of Tax Increment Financing
pursuant to the Sycamore and First Avenue Urban Renewal Plan; and
WHEREAS, Developer is the owner of Sycamore Mall, and said Agreement for Private
Redevelopment involved the redevelopment and revitalization of Sycamore Mall by Developer;
and
WHEREAS, Developer is an Iowa limited liability company the members of which are:
Michael E. Hodge, David V. Hodge, Dean G. Oakes, Greg Apel, Gerry Ambrose, and Kevin
Digmann; and
WHEREAS, the members of Developer and the owners of Sycamore Mall desire to
transfer the ownership of the real estate out of the limited liability company and to own the
property as tenants in common; and
WHEREAS, said Agreement for Private Redevelopment requires that Developer obtain
the approval of the City before assigning its interest in the Agreement to any other party unless
the transferee assumes in writing all of the obligations of Developer under the Agreement and
the City consents to the assignment in writing; and
WHEREAS, the City has consented to the assignment of Developer's interest in the
Agreement to the single member limited liability companies solely owned by the members of
Developer upon certain conditions; and
WHEREAS, MEHSM, L.C. is an Iowa limited liability company solely owned by
Michael E. Hodge, GASM, L.C. is an Iowa limited liability company solely owned by Greg
Apel, DVHSM, L.C. is an Iowa limited liability company solely owned by David V. Hodge,
DGOSM, L.C. is an Iowa limited liability company solely owned by Dean G. Oakes, KDDSM,
L.C. is an Iowa limited liability company solely owned by Kevin D. Digmann, and GDA
Investments, L.C. is an Iowa limited liability company solely owned by Gerry Ambrose.
NOW, THEREFORE, in light of the mutual consideration exchanged herein, the receipt
and sufficiency of which is hereby acknowledged, each of the parties hereto does hereby
covenant and agree with the others as follows:
1. The parties hereby acknowledge that following the approval and execution of this
Amendment Agreement, the real estate locally known as Sycamore Mall which is
legally described as:
All of lots 1, 2, 3, 4, 7 and a part of Lots 5 and 6 of Mall First Addition to
Iowa City, Iowa, as per plat thereof recorded in Plat Book 9, Page 41,
Records of Johnson County, Iowa, and a parcel of land in the Northeast
Quarter of Section 23, Township 79 North, Range 6 West of the 5th P.M. and
being more particularly described as follows:
Commencing as a point of reference at the Northeast corner of the
intersection of Sycamore Street and U.S. Highway No. 6 in Iowa City, Iowa,
thence N 0 degrees 26 minutes East (this is an assumed bearing for purposes
of this description) 225.05 feet along said East right-of-way line of Sycamore
Street to a point; thence North 04 degrees 09 minutes West 212.68 feet along
said East right-of-way line of Sycamore Street to a point; thence North 0
degrees 26 minutes East 168.98 feet along said East right-of-way line of
Sycamore Street to the point of beginning of tract herein described; thence
South 89 degrees 34 minutes East 454.81 feet to a point; thence South 0
degrees 26 minutes West 610.29 feet to a point of intersection with the
Northerly right-of-way of U.S. Highway No. 6; thence Easterly 685.18 feet
along a 3015.0 foot radius curve and the Northerly right-of-way line of said
Highway being concave Southerly to a point of intersection with the
Northwesterly right-of-way of First Avenue 287.52 feet along a 804.00 foot
radius curve concave Southeasterly (chord North 33 degrees 36 minutes 28
second East 285.99 feet) to a point of intersection with the Easterly line of
said Lot 6; thence continuing Northeasterly on the Northwesterly right-of-
way line of First Avenue, 35.56 feet along an 804.00 foot radius curve concave
Southeasterly (chord North 45 degrees 07 minutes 11 seconds East 35.56 feet)
to a point; thence North 2 degrees 31 minutes 00 seconds East 28.51 feet to a
point of intersection with the Southwesterly right-of-way of line of Lower
Muscatine Road; thence North along the Southwesterly right-of-way line of
Lower Muscatine Road 37.42 feet to a point of intersection with the Easterly
line of Lot 6; thence north 42 degrees 43 minutes 30 seconds West along the
Southwesterly right-of-way line of Lower Muscatine Road 608.79 feet to a
point; thence North 42 degrees 33 minutes West 646.86 feet along the
Southwesterly right-of-way of Lower Muscatine Road to a point of
intersection with the East line of Lot One, Part Two, of Marion Subdivision,
Iowa City, Iowa, as per plat thereof recorded in Plat Book 2, Page 20,
Records of Johnson County, Iowa; thence South 0 degrees 58 minutes West
57.36 feet along thc East line of said Marion's Subdivision to a point; thence
South 47 degrees 28 minutes West 413.83 feet along the Southeasterly line of
said Marion's Subdivision to a point; thence North 89 degrees 34 minutes
West 147.61 feet along the Southerly line of said Marion's Subdivision to a
point of intersection with the Easterly right-of-way line of said Sycamore
Street; thence South 0 degrees 26 minutes West 143.0 feet along the Easterly
right-of-way of said Sycamore Street to the point of beginning.
AND
A parcel of land in the Southwest quarter of the Southeast quarter of Section
14, Township 79 North, Range 6 West of the 5th P.M., and the Northwest
Quarter of the Northeast Quarter of Section 23, Township 79 North, Range 6
West of the 5th P.M., Johnson County, Iowa, as more particularly described
as follows:
Beginning at the Northeast corner of the intersection of Sycamore Street and
U.S. Highway No. 6 in Iowa City, Iowa; thence North 0 degrees 26 minutes
East 225.05 feet along said east line of Sycamore Street to a point; thence
North 4 degrees 09 minutes West 212.68 feet along said East line of Sycamore
Street to a point; thence North 0 degrees 26 minutes East 168.98 feet along
said cast line of Sycamore Street to a point; thence South 89 degrees 34
minutes East 454.81 feet to a point; thence South 0 degrees 26 minutes West
610.29 feet to a point of intersection with the northerly right-of-way line of
U.S. Highway No. 6; thence Westerly 210.15 feet along a 3015.0 foot radius
curve and the Northerly right-of-way line of said Highway, being concave
Southerly (said are being subtended by a chord of 210.10 feet with a bearing
of North 87 degrees 58 minutes 12 seconds West) to the end of the curve;
thence North 89 degrees 58 minutes West (this is an assumed bearing for
purposes of this description) 227.80 feet along the Northerly right-of-way line
of said highway to point of bcginning.
will be held as tenants in common by the Co-Owners. However, Developer shall
remain as the managing entity and shall have primary responsibility for carrying
out each and every obligation of the Developer pursuant to the initial agreement
for Private Redevelopment and the Amendment hereto. Developer shall
specifically not be released from any of its obligations under said Agreement for
Private Redevelopment.
2. The Co-Owners hereby assume the responsibilities of Developer under the
Agreement for Private Redevelopment dated September 19, 2000 and shall be
jointly and severally responsible for the same. As a result, each Co-Owner shall
have responsibility to ensure that all obligations of the Developer are satisfied
pursuant to the Agreement for Private Redevelopment along with each and every
other Co-Owner.
3. As the managing entity, Developer shall be the principal contact with the City of
Iowa City and shall be the sole payee on all tax rebate payments payable as a
result of the Agreement for Private Redevelopment. Each of the Co-Owners
expressly agrees that Developer shall be the sole payee and that the City shall
have no personal responsibility to any Co-Owner directly for any tax rebate
payment of any kind pursuant to the Agreement for Private Redevelopment for
Sycamore Mall.
4. The parties further acknowledge that any subsequent assignment of any
ownership interest in Sycamore Mall shall require the consent of the City as
provided in Paragraph 7.1 of the Agreement.
5. In all other respects the Agreement for Private Redevelopment remains
unchanged as if this Amendment did not exist.
DATED this I/~'~ day of March 2004.
City of Iowa City MGD, L.C.
C~y.7 ' ' · Mayor By: Mich'-el E~Hodge, Manager
Attested By:
By: Mic-h~el~Hodge, Manager
DVHSM, L.C. ~
By: Davi Manager ]l~'~eg Apel, Ma~a~
DGT~. KDDSM, L.C.
By: Dean G. Oakes, Manager By: '~vin I~. Digm~'l~ana~
GDA Investments, L.C.
]~y. Gerry~Manager-~_
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ( ~ day of Ma ~--, 2004, before me, a Notary Public in and for said
county, personally appeared Michael E. Hodge, to me personally known, who being by me duly
sworn did say that that person is the Manager of said limited liability company, that no seal has
been procured by the said limited liability company and that said instrument was signed on
behalf of said limited liability company by authority of its Manager and the said Michael E.
Hodge acknowledged the execution of said instrmnent to be the voluntary act and deed of said
limited liability company by it voluntarily executed.
ij.._ I ANGELA R O'BRIEN I N~
~.~Comrmss~on Number 2259711
'l [~ c_oFff:~.~x~r,, I ' ' for the
State of Iowa.
S~A~'E OF IOWA )
On this ~ ~ ,2004, before me, a Notary Public in and for_,.j,~d
c~all~a~pe~ed'"G~egq~el, io me personally known, who b~gillg4t~"lh'~duly swom
d'~~y that ~o seal h~s been
Prat was signed on behalf of
~ said Greg g~pel acknowledged
the execu~r~ite~t liability
~ voluntarily executed.
Notary Public in and for the
State of Iowa.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this [t7 day of~ u,w,t,- ,2004, before me, a Notary Public in and for said
county, personall~ appeared D~an G Oakes, to me personally known, who being by me duly
sworn did say that that person is the Manager of said limited liability company, that no seal has
been procured by the said limited liability company and that said instrument was signed on
behalf of said limited liability company by authority of its Manager and the said Dean G. Oakes
acknowledged the execution of said instrument to be the voluntary act and deed of said limited
liability company by it voluntarilv executed.
I.'~.1 ANGELAR O'BRIEN I
~ ili~l Commission Number 2259711
[ffill I u~ com~,~s,o~ ~.~p,res I Notary ~ublic in and for the
,.;7~:-.T.~[__ I 1 '{ ~ '"~) I State of Iowa.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this I 3 day of i~,~t.-~ , 2004, before me, aNotary Public in and for said
county, personally appeared Kevin D. Digmann, to me personally known, who being by me duly
sworn did say that that person is the Manager of said limited liability company, that no seal has
been procured by the said limited liability company and that said instrument was signed on
behalf of said limited liability company by authority of its Manager and the said Kevin D.
Digmalm acknowledged the execution of said instrument to be the voluntary act and deed of said
limited liability comnanv bv it voluntarily executedJ
['~'1 ~Y Cornm,$~on~j~res I Notary Public in and for the
State of Iowa·
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this IF day of /~(a ~.1,.. , 2004, before me, aNotary Public in and for said
county, personally appeared Gerry Ambrose, to me personally known, who being by me duly
sworn did say that that person is the Manager of said limited liability company, that no seal has
been procured by the said limited liability company and that said instrument was signed on
behalf of said limited liability company by authority of its Manager and the said Gerry Ambrose
acknowledged the execution of said instrument to be the voluntary act and deed of said limited
liability company by it voluntarily executed.
I*~.1 ANGELAR O'BRII~N I
I~ ~l~.lCornm,ss,on .umber 225~711
· ' Commission [ ires Notary Public in and for the
I State of Zowa.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this [~3 day of [~10w ~4~ , 2004, before me, a Notary Public in and for said
county, personally appeared David V. Hodge, to me personally known, who being by me duly
sworn did say that that person is the Manager of said limited liability company, that no seal has
been procured by the said limited liability company and that said instrument was signed on
behalf of said limited liability company by authority of its Manager and the said David V. Hodge
acknowledged the execution of said instrument to be the voluntary act and deed of said limited
liability company by it voluntarily executed.
bi Comrmss~on Number 2259711
I M~_CommVaSion~F~pire$ I Notmy ~ub'lic in and for the
I'~1~1 ~%-~. ~ I StateofIowa.
STATE OF IOWA )
)SS.
JOHNSON COUNTY)
On this I(a~ day of ~V~.~.~t_H ,2004, before me, the undersigned, a notary public
in and for the State of Iowa, personally appeared .~and
~ , 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 the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
'~1 SONDPJ~E FORT
Corem ssi~n Number 1597911
Fl~ff'l MyC~mmissio, nExpires / Notary Public in and for Johnson
l'mr'l 3-%- o~, i County, Iowa
Kt24\r69a 1447
Mar
The ('o-Owners hereby assume the responsibilities of DcYelopcr under th
Ibr Private Redevelopment dated September
~ and scvcraIly restxmsiblc lbr l[hc same. As a result, sha~l
, to ensure that all obligations of the stied
Agreement fnr Private Redevelopment al and every
othc
3. As ihe managing cnntact with thc City of
Iowa City and shall be on a payments payable a.s a
result nl'thc Agrcemc,tt for Each of the Co-Owners
expressly agrees that Devclo :he sole payee and that the City shall
hllvc no personal r tax rebate
payment of any kind the >r Private Redevelopment for
Sycamore Mall.
4. Thc panics edge that any sub~-qucnt assi
~*wnershi in Sycamore Mall shall require ('.ily as
pmv,¢ Paragraph 7.1 of the Agreement.
5. ~a,II ot~cr respect: the Agreement lbr Private Redevelopment remains
f unchanged tm iflhis Amendment did not exist.
I)~,'.1) this dlty of March 20('}4.
!it} of Iowa (:itT ~L.C. /
By: ~YY: Mi¢l~l~e. Manager
y Michacl ~ Hods, M~agcr
,,VllSr GASM. L.C.
/<pel, Manager
M~p 12 04 08~02~ Hodce Cons~ruotion Co. 31835~8602 p,2
'i()SM, I,.C. KDDSM, L.C.
By: Dean (:, Manager By: Kevin D. Manager
GDA Investments
~y: C, err~ Ambrose, Manager
STATI:~ Ol: IOWA )
) SS:
JOIINS()N COUNTY )
On this_ _ d~ ,2004, before , Public in and tbr said
county, ;hacl E. I ltv, Igc, Io me pcr~)nall, who being by me duly
sworn did the Manager of said limltcd liabili , that no seal has
been procur the ,said limited liability company and that said was signed on
bchalfo limited liability company by authority Michael F,.
vledged thc execution ofsald instrument to bo the voluntary
liability company by it voluntarily execttted.
Notary Public in and lbr the
~ State of Iowa.
....... iGWA- )
) ss - yj-o
J-O-[4tq'S'O~ C 0 U N ' I ' y )
()n this ~.~,~'/~day of~:--` 2004, bolbre me, a Notary l'ublic in and lbr said
¢otlllly. persotlally appeared Grcg A~I, to me perso~lly known, who ~ing by mc duly sworn
did say that thal person is thc Mamagcr ofsaJd limited liability company, that no ~1 has been
pr~umd by the said limited liability company and that said instrument . ', ' ·
wins ssgned on belmll ol
said limitcd liability company by authnrity of its Manager and thc mid Grc~ Apel acknowledged
thc execution of said instrument to be the volunm~ act and dc~ of said limited liability
company by it voluntarily executed.
~~a ~ Public iff and for thc State ol'l~
AMENDMENT TO AGREEMENT FOR PRIVATE
BY AND BETWEEN THE CITY OF IOWA CITY
THIS AMENDMENT TO AGREEMENT FOR
(hereinafter called "Agreement") is made this __ day of March ~ and among the City
of Iowa City, Iowa, a municipality, (hereinafter called the Code
of Iowa of the State ~flowa; MGD, L.C., an Iowa having an office for
the transaction of business in Iowa City, Iowa (hereinafter the and MEHSM, L.C.,
an limited liability company, GASM, L.C., an Iowa limited Ii; y, DVHSM, L.C., an
Iowa limited liability c~mpany, DGOSM, L.C., an ] owl ~ ~pany, KDDSM,
L.C., an Iowa limited li~[~ility company, and GDA ] ave. ~, an I,o, wa limited liability
company, (hereinafter jingly and severally referred to a ' Co-Owners );
WITNE~
WHEREAS, ~ an certain Agreement for Private
Redevelopment date~ 19, 2000, use of Tax Increment Financing
pursuant to the Plan; and
WHEREAS, Developer ist~e ocr of Sycamore Mall, and said Agreement for Private
Redevelopment involved the redevero, pTfent and revitalization of Sycamore Mall by Developer;
and
WHEREAS, Developer ~s company the members of which are:
Michael E. Hodge, David x ~ G. Oakes, Greg Apel, Gerry Ambrose, and Kevin
Digmann; and /'
WHEREAS, the and the owners of Sycamore Mall desire to
transfer the ownership of the real estate out · and to own the
property as tenants in common; and
WHEREAS, said Agreement for Privat~ uires that Developer obtain
the approval of the City before assigning in the Agreement to any other party unless
the transferee assumes in writing all of the obli s of Developer under the Agreement and
the City consents to the assignment in writing; and
WHEREAS, the City has consented to of Developer's interest in the
Agreement to the single member limited liabilit owned by the members of
Developer upon certain conditions; and
WHEREAS, MEHSM, L.C. is an Iowa company solely owned by
Michael E. Hodge, GASM, L.C. is an Iowa limited solely owned by Greg
Apel, DVHSM, L.C. is an Iowa limited David V. Hodge,
DGOSM, L.C. is an Iowa limited liability company solely owned I r Dean G. Oakes, KDDSM,
L.C. is an Iowa limited liability company solely owned by and GDA
Investments, L.C. is an Iowa limited liability company solely Gerry Ambrose.
NOW, THEREFORE, in light of the mutual the receipt
and sufficiency of which is hereby acknowledged, each of the
covenant and agree with the others as follows:
1. The parties hereby ~' that following the cl execution of this
Amendment Agreement, the estate 1~ Sycamore Mall which is
legally described as:
All of lots 1, 2, 3, 4, 7 and a flition to
Iowa City, Iowa, as Plat Book 9, Page 41,
the Northeast
Quarter of Section 23, ge 6 West of the 5th P.M. and
being more particularl,
Commencing as a point at the Northeast corner of the
intersection of Sycamore Street Highway No. 6 in Iowa City, Iowa,
thence N 0 degrees 26 minutes I assumed bearing for purposes
of this description) 225.05 feet lg said East right-of-way line of Sycamore
Street to a point; legrees 09 minutes West 212.68 feet along
said East right-of-way line ~ore Street to a point; thence North 0
degrees 26 minutes East 16 said East right-of-way line of
Sycamore Street to the of tract herein described; thence
South 89 degrees 34 mira ,81 feet to a point; thence South 0
degrees a point of intersection with the
Northerl~ ~ No. 6; thence Easterly 685.18 feet
along a 3015.0 Northerly right-of-way line of said
Highway beinl Southerly to a
Northwesterly 287.52 feet along a 804.00 foot
radius curve North 33 degrees 36 minutes 28
second East 285 to a point Easterly line of
said Lot Northwesterly right-of-
wa~ 35.56 feet radius curve concave
Southeasterly grees 07 minutes 11 seconds East 35.56 feet)
to a point; thence North 2 degrees 31 minutes 01~ seconds East 28.51 feet to a
point of inters0~ction with the Southwesterly righ~-of-way of line of Lower
Muscatme Ro~Id; thence North along the Southwesterly right-of-way line of
Lmver Musc~tine Road 37.42 feet to a point of intersection with the Easterly
line of Lot 6i, thence north 42 degrees 43 minutes 30 ~econds West along the
Southwesterly right-of-way line of Lower Muscatine Road 608.79 feet to a
point; then~:e North 42 degrees 33 minutes West 646.86 feet along the
Southwesterly right-of-way of Lower Muscatine Road t~'a p.oint of
intersecti~h the East line of Lot One, Part Two, of Marion Subdivision,
Iowa City, Io~va, as per plat thereof recorded in Plat Book 2,,Page 20,
Records of Johnson County, Iowa; thence South 0 degrees 58 minutes West
57.36 feet along the East line of said Marion's Subdivision to a point; thence
South 47 degrees 28 minutes West 413.83 feet along the South ~ line of
said Marion's Subdivision to a point; thence North 89 de
West 147.61 feet along the Southerly line of said Marion's
point of intersection with the Easterly right-of-way line o Sycamore
Street; thence South 0 degrees 2_6 minutes West the Easterly
right-of-way of said
AND
A parcel of land in the quarter of the quarter of Section
14, Township 79 North, and the Northwest
Quarter of the Northeast Qu Township 79 North, Range 6
West of the 5th P.M., County, Iowa, particularly described
as follows:
Beginning at the Street and
U.S. Highway No. 6 in Iowa 0 degrees 26 minutes
East 225.05 feet along said east to a point; thence
North 4 degrees 09 minutes g said East line of Sycamore
Street to a point; thence North 0 168.98 feet along
said east line of Sycamore Street a point; thence South 89 degrees 34
minutes East 454.81 feet to a thence South 0 degrees 26 minutes West
610.29 feet to a point of interse with the northerly right-of-way line of
U.S. Highway No. 6; 210.15 feet along a 3015.0 foot radius
curve and the Northerl, line of said Highway, being concave
Southerly (~, r a chord of 210.10 feet with a bearing
of North 87 de to the end of the curve;
thence North 89 degrees 5 t (this is an assumed bearing for
purposes of this de~ 227.80 the Northerly right-of-way line
of said ginning.
/
will be held as tenants ~ common by However, Developer shall
remain as the managi~ entity and shall have responsibility for carrying
out each and every o~ligation of the Developer pyrsuant to the initial agreement
for Private Redevel~rPment and the Amendment h~reto. Developer shall
specifically not be ~eleased from any of its obligations under said Agreement for
Private Redevelop/tnent. x,
2. The Co-Owners hereby assume the responsibilities of ~eveloper under the
Agreement for grivate Redevelopment dated September~19, 2000 and shall be
jointly and severally responsible for the same. As a results, each Co-Owner shall
have responsit~lity to ensure that all obligations of the Developer are satisfied
pursuant to thp Agreement for Private Redevelopment along~vith each and every
other Co-Owner. x~,
3. As the managing emity, Develo shall be the City of
Iowa City and shall be the sole on all tax rebate payable as a
result of the ~. Redevelopment. Co-Owners
expressly agrees that Developer be the sole payee the City shall
have no personal responsibility > any Co-Owner ~ tax rebate
payment of an' Agreement for! for
Sycmnore Mall.
4. The parties further acknowledge assigment of any
ownership interest in Sycamore ? the consent of the City as
provided in Paragraph 7.1 of the
5. In all other respects the A Redevelopment remains
unchanged as if this Amendment
DATED this day of March 2004.
City of Iowa City MGD, L.C.
By: Mayor By: Michael E. Hodge, Manager
MEHSM, L.C.
Attested By: /
By: Michael E. Hodge, Manager
DVHSM, L.C. / GASM, L.C.
/
/
By: David V. Hodge, Mana~r V: Greg Apel, Manager
/
DGOSM, L.C. / L.C.
/
/
By: Dean G. Oakes, M~nager By: Manager
GDA Investments, L.C.
/
/
/
By: Gerry Ambrose, Manager /
STATE OF IOWA ) /
) SS: /
JOHNSON COUNTY )
/
On this day of ,200~, before me, a Nj~/ary Public in and for said
county, personally appeared Michael E. Hodg~ to me personally known, who being by me duly
sworn did say that that person is the Manager ow said limites1/liability company, that no seal has
been procured by the said limited liability coml:fgny and th/t said instrument was signed on
behalf of said limited liability company by authd~'ity of it~Manager and the said Michael E.
Hodge acknowledged the execution of said instrt~ent ~6 be the voluntary act and deed of said
limited liability company by it voluntarily executSd.
in and for the
/
/
STATE OF IOWA )
) SS: /
JOHNSON COUNTY ) /
On this day of /2004, before a Notary Public in and for said
county, personally appeared Greg Apel,/~o me personalb who being by me duly sworn
did say that that person is the Manager/{>f said that no seal has been
procured by the said ~ signed on behalf of
said limited liability company l~ [ the said Greg Apel acknowledged
the execution of said instrument to ~e the voluntary act and of said limited liability
company by it voluntarily execute,d(
State of Iowa.
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ,2~04, before me, a Notary Publ
county, personally appeared Dean G. Oakes~to me personally known, ~4 me duly
sworn did say that that person is the Managet~of said limited liability c tx that no seal has
been procured by the said limited liability company and that said in a, s signed on
behalf of said limited liability company by autl~ority of its Manager the said Dean G. Oakes
acknowledged the execution of said instrument~o be the volta deed of said limited
liability company by it voluntarily executed.
Notably Public in
X State of
\
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of ., . a Notary Public in and for said
county, personally appeared Kevin D. Digmann, to n ~y known, who being by me duly
sworn did say that that that no seal has
been procured by signed on
behalf of said limited liability Manager and the said Kevin D.
Digmann acknowledged the execution of said be the voluntary act and deed of said
limited liability company by it voluntarily executed.
,Notary and for the
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this day of / 2004, before me, a Notary~ublic in and for said
county, personally appeared Gerry Ambrose, to me personally known~ who being by me duly
sworn did say that that person is the;Manager of said limited liability c~mpany, that no seal has
been procured by the said limited Ii/ability company and that said instrument was signed on
behalf of said limited liability con'any by authority of its Manager and t~e said Gerry Ambrose
acknowledged the execution of s~id instrument to be the voluntary act andsdeed of said limited
liability company by it voluntarily executed.
Notary Public in and for the
State of Iowa.
STATE OF IOWA ) f
) SS: /
JOHNSON COUNTY ) /'
On this __ day of ,2004 a Notal- br said
county, personally appeared David V. who being by me duly
sworn did say that that person is the aid limited that no seal has
been procured by the said and that said
behalf of said limited liability company by
acknowledged the execution of said instrument to the act and deed of said limited
liability company by it voluntarily executed.
Notary
STATE OF IOWA ) /
) ss.
JOHNSON COUNTY)
On this day of ,, e me, the undersigned, a notary public
in and for the State of Iowa, personally a and
, to me personalb by me duly sworn, did say that
they are the Mayor and City executing the
within and foregoing instrument; that the is the seal of said municipal
corporation; that said instrument was si
by authority of its City Council: said Mayor and ',ity Clerk as such officers
acknowledged the execution of said instrument 'act and deed of said
corporation, by it and by them volunta fly executed.
Notar3 Johnson
County,
Kf24\r69a1447
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 04-88
RESOLUTION ESTABLISHING CHARTER REVIEW COMMISSION.
WHEREAS, the City of Iowa City Charter become effective January 2, 1976; and
WHEREAS, the Charter provides that the City Council shall establish a Charter Review
Commission at least once every ten years following the effective date of the Charter for the
purpose of reviewing the Charter and recommending amendments; and
WHEREAS, a Charter Review Commission was appointed in 1984 and 1994.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that a Charter Review Commission be and the same is hereby established
consisting of at least nine members to be appointed by the City Council; and
1. The report of the Charter Review Commission shall be presented to the City Council on or
before May 5, 2005;
2. The responsibility of the Charter Review Commission ~s to review the Iowa City Charter as
prescribed by Section 8.02 of the City Charter.
Passed and approved this 16th dayof Hat'cb_ ,20 04
rev
CITY C-~RK City Attorney's Office
It was moved by Vandef'hoef and seconded by ~4i'[but'n the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
X Champion
× Elliott
X Lehman
X O'Donnell
X Vanderhoef
X Wilburn
clerk/r es/cha dereview doc
Date: March 11, 2004
To: Mayor and City Council
From: Eleanor M. Dilkes, City Attorney.
Marian K. Karr, City Clerk
Re: Charier Review Commission
Section 8.02 of the City Charter provides for the establishment of a Charter Review
Commission at least once every ten years. The Commission must consist of at least
nine members and may recommend any amendments it deems fit within 12 months. The
Commission's recommendations are binding on the Council. The Council must submit
the Commission's recommendations to the voters unless, on the Commission's
recommendation, the Council amends the Charter by ordinance. A copy of Article VIII of
the Charter is attached.
The last Charter Review Commission was appointed May 10, 1994. In the past
appointments to this Commission were handled similar to other Boards and
Commissions, including a thirty day advertisement period and use of the City application
form. The City Attorney and City Clerk will be staff assigned to the Commission.
A resolution establishing the Charter Review Commission is included on your agenda,
along with the announcement of vacancies. Appointments would be made at the
Council meeting on May 4. Council may wish to designate the chair of the Commission
at the time of the appointments as well.
Previous appointments to the Commission include:
Ori,qinal Charter Commission 1973
Chair William Meardon
Vice Chair Patricia Cain
David Baldus
Dale Welt (replaced Lloyd Berger)
Robert Corrigan
Penny Davidsen
Brad DeCounter
James Knight
Clayton Ringgenberg
Charter Review Commission
Page 2
March 11, 2004
Charter Review Commission 1984
Chair John Balmer
Patricia Cain
Penny Davidsen
Gary Goodwin
Barry Matsumoto
Joel Mintzer
Clayton Ringgenberg
Glenn Roberts
Dale Welt
Charter Review Commission 1994
Chair A. John McDonald
Part Cain
Paul Egli
Mary Geasland
Jeff McCullough
Kathy Pennigroth
Clayton Riggenberg
Anne Marie Rhodes
Craig Willis
Please feel free to contact us with questions.
Attachment: Adicle VIII
Cc: City Manager
U:charter.doc
ARTICLE VIII. CHARTER AMENDMENTS AND REVIEW
Section 8.01. Charter amendments.
This Charter may be amended only by one of the following methods:
A. The Council, by resolution, may submit a proposed amendment to the
voters at a City election, and a proposed amendment becomes effective when
approved by a majority of those voting.
B. The Council, by ordinance, may amend the Charter. However, within thirty
(30) days of publication of the ordinance, if a petition signed by eligible
electors of the City equal in number to ten percent of the persons who voted
at the last preceding regular City election is filed with the council, the Council
must submit the amending ordinance to the voters at a City election, and the
amendment does not become effective until approved by a majority of those
voting.
C. If a petition signed by eligible electors of the City equal in number to ten
percent of the persons who voted at the last preceding regular City election is
filed with the Council proposing an amendment to the Charter, the Council
must submit the proposed amendment to the voters at a City election, and the
amendment becomes effective if approved by a majority of those Voting. (Ord..
No. 85-3227, § 2(2) 3-12-85)
Section 8.02. Charter review commission.
The Council, using the procedures prescribed in Article V, shall establish a
Charter Review Commission at least once every ten years following the
effective date of this Charter. The Commission, consisting of at least nine
members, shall review the existing Charter and may, within twelve months
recommend any Charter amendments that it deems fit. The Council shall
submit such amendments to the voters in the form prescribed by the
Commission, and an amendment becomes effective when approved by a
majority of those voting. The Commission may also recommend to the Council
that it exercise its power of amendment pursuant to Section 8.01B of this
Charter on a matter recommended by the Commission. (Ord. No. 85-3227,
§ 2(2), 3-12-85)