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HomeMy WebLinkAbout1998-04-07 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 98-122 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, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: T.G.I. Friday's - 2208 N. Dodge Street Passed and approved this 7th ATTEST: ,~.~..~ CIT?hCLERK day of Apri 1 M ,1998 Approved by City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: clerk~'es\cigperm.doc X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jeff McClure, Dept. of Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 98-123 RESOLUTION SETrING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE FLOOD INSURANCE RATE MAPS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID MAPS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the proposed amendments to the flood insurance rate maps is to be held on the 28~ day of April, 1998, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the proposed amendments to the flood insurance rate maps is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 7th dayof Apr'i] ,19 98 roved by ~, City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Nortom the Resolution be AYES: NAYS: ABSENT: pwen g~'es\fiooch n s,doc Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Doug Boothroy, Director, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO, 98-124 RESOLUTION OF INTENT TO CONVEY 2258 RUSSELL DRIVE, ALSO DESCRIBED AS LOT 204, PART 5, HOLLYWOOD MANOR ADDITION, TO THE TENANT AND SETTING A PUBLIC HEARING FOR APRIL 28,1998. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No. 93-255 approving Section 5(h) implementing agreement for the conversion of public housing to private ownership, also known as the Tenant-to-Ownership program; and WHEREAS, the tenant has agreed to purchase the property for the appraised value;and WHEREAS, the participants of the Iowa City Public Housing programs and the citizens of Iowa City would benefit from the proposed disposition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF ;OWA CITY, IOWA, THAT: The City Council does hereby declare its intent to convey its interest in 2258 Russell Drive, also described as Lot 204, Part 5, Hollywood Manor Addition, to the tenant for the sum of $100,000 for the purpose of home ownership. The public hearing on said disposal should be and is hereby set for April 28, 1998, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of the public hearing to be published as provided by law. Passed and approved this 7th day of Apri 1 ,1998. ATTEST:~,~,.,~ ~. CITY-tCLERK Approved by. City Attorney's Office Resolution No. 98-124 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by Dennis Mitchell, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240, 356-5130 RESOLUTION NO. 98-125 RESOLUTION OF INTENT TO CONVEY A VACATED PORTION OF THE FORMER BENTON STREET RIGHT-OF-WAY BETWEEN RIVERSIDE DRIVE AND THE IOWA RIVER WHICH IS ADJACENT TO LINDER TIRE SERVICE TO HENRY LINDER AND SETTING A PUBLIC HEARING FOR APRIL 28, 1998. WHEREAS, the City Council is currently considering an ordinance vacating a portion of the former Benton Street right-of-way located adjacent to Linder Tire Service; and WHEREAS, Henry Linder, as trustee, owns the property adjacent to this portion of the right- of-way; and WHEREAS, a portion of the Iowa River Corridor Trail has been designed along the Iowa River on property owned by Henry Linder, as trustee; and WHEREAS, Henry Linder and Linder Tire Service have indicated they would be willing to convey the necessary property for the trail to the City of Iowa City in exchange for the City of Iowa City conveying to them an approximately equal amount of the former Benton Street right-of-way adjacent to their property; and WHEREAS, the City does not need this portion of the former Benton Street right-of-way to provide access to property in the area; and WHEREAS, the City will retain utility easements over the right-of-way. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Council does hereby declare its intent to convey its interest in the following described property to Henry Linder, as trustee under a revocable trust dated December 1, 1988, subject to the City reserving and retaining utility easements over the parcel and Henry Linder and Linder Tire Service conveying to the City an approximately equal amount of property for the Iowa River Corridor Trail: Commencing at a found tack in Lead Plug at the Southwest Corner of the NW 1/4 of Section 15, T79N, R6W of the 5th P.M.: thence N 02° 51' 01" E - 582.90 feet along the West line of said NW 1/4; thence N 87° 08' 59" E - 33.00 feet to a found 3/4" pipe on the easterly Right-of-Way Line of Riverside Drive and the northerly Right-of-Way Line of Former Benton Street and the Point of Beginning; thence N 86° 54' 03" E - 295.00 feet along the northerly Right-of-Way Line of former Benton Street to a set 5/8" rebar; thence S 18° 48' 33" W - 21.56 feet to a set 5/8" rebar; then S 86° 54' 03" W - 277.00 feet to a set 5/8" rebar; thence Northwesterly 15.75 feet along a 10.00 foot Resolution No. 98-125 Page 2 radius curve concave Northeasterly which chord bears N 47° 58' 29" W - 14.17 feet to a set 5/8" rebar on the Easterly Right-of-Way Line of Riverside Drive; thence N 02© 51' 01" W - 9.96 feet along said Easterly Right-of-Way Line to the Point of Beginning. Said tract contains O. 13 acres more or less. BE IT FURTHER RESOLVED THAT a public hearing on said proposal be set for April 28, 1998, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, and that the City Clerk be and is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 7th day of ^pril , 1998. CITY'CLERK City Attorney's Office It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef marym/land-acq/irct/lin-resLdoc RESOLUTION NO. 98-126 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT AGREEMENT FOR HIGHLANDER DEVELOPMENT, FIRST ADDITION, IOWA CITY, IOWA WHEREAS, the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Northgate Park Associates, an Iowa General Partnership, (hereinafter "Subdivider") entered into a Subdivider's Agreement and Stormwater Management Easement Agreement for Highlander Development, First Addition, Iowa City, Iowa, which obligate Subdivider to construct stormwater management facilities as a benefit to the development; and WHEREAS, the City does not ordinarily release a subdivider from the construction requirements relating to a stormwater management facility until the City Engineer certifies that the facility is completed; permanent groundcover is established and mowable; erosion and sedimentation are wholly or substantially controlled; and substantially all lots within the tributary area in the subdivision have been developed; and WHEREAS, in the interim, a lien remains on Highlander Development, First Addition, with a cloud on the titles to all the lots in the subdivision; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreement would remove the cloud on the title to Highlander Development, First Addition, while protecting the City by reason of the lien attaching to an established escrow fund, said escrow fund to be established and maintained by the City Finance Department; and WHEREAS, the remaining requirements for maintenance, access and other requirements of the Subdivider's Agreement and Stormwater Management Easement Agreement will continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to execute the Partial Release Agreement Concerning Stormwater Management Facilities for Highlander Development, First Addition, in order to protect local property values. The Council finds that transferring the real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreement, a copy of which is attached hereto. The City Clerk is further directed to record this agreement in the Johnson County Recorder's Office at the Resolution No. Page 2 98-126 Subdivider's cost. Upon certification from the City Engineer that construction of the stormwater management facility has been satisfactorily completed; permanent groundcover has been established and is mowable; erosion and sedimentation has been wholly or substantially controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area in the subdivision have been developed, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by Vanderhoef and seconded by be adopted, and upon roll call there were: Norton the Resolution AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton X O'Donnell X Thomberry X Vanderhoef Passed and approved this 7th day of April , 1998. ~..~Cit~rney'~ ~/2~/: sarahh\landuse\stormrel. res A"'FrEST: CITY-CLERK PARTIAL RELEASE AGREEMENT CONCERNING STORMWATER MANAGEMENT FACILITIES FOR HIGHLANDER DEVELOPMENT, FIRST ADDITION This Partial Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City") and Northgate Park Associates, an Iowa General Partnership (hereinafter "Subdivider"). IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: The parties acknowledge that by reason of a Developer's Agreement for Highlander Development, First Addition, Iowa City, Iowa, recorded in the Johnson County Recorder's office on June 28, 1984 in Book 710 at page 163, et.seq.; and by reason of an Amendment to Developer's Agreement dated June 24, 1990 and recorded December 4, 1990 in Book 1188 at page 45, et.seq., of the records of Johnson County, Iowa, Subdivider is obligated to construct Stormwater Management Facilities (hereafter "Facilities") as required by the City and as a benefit to the subdivision. The parties further acknowledge that this obligation is deemed a covenant running with the land. Lots 1 through 20, Highlander Development, First Addition, according to the plat thereof recorded in Book 25 at page 52 of the Plat Records of Johnson County, Iowa, are sometimes referred to as Northgate Corporate Park. Lots 1, 2, 3, 18, 19 and 20 of said addition are sometimes referred to as Northgate Corporate Park, Phase 1; Lots 4 through 17 of said addition are sometimes referred to as Northgate Corporate Park, Phase II. The parties acknowledge that $9000.00 has been placed in escrow by the Subdivider with the City for Highlander Development, First Addition. The parties agree that $4000.00 of this escrow shall be returned to the Subdivider and that the balance of $5000.00 will be retained by the City pending development of all lots within the tributary area of the SubdMsion. The escrow is to ensure that any erosion or collection of debris in the detention basin is appropriately remedied. The City acknowledges that construction of the Facilities herein has been substantially completed, but that final release of the Facilities by the City is not yet appropriate given the undeveloped lots. For this reason the Subdivider's Agreement constitutes a lien and cloud on the property in Highlander Development, First Addition. In consideration of the City's release of its lien on the property, Subdivider agrees that the lien on Lots 1 through 20 in Highlander Development, First Addition, to the extent not previously released, shall be transferred to and shall immediately attach to the escrow for this prope~y, and that this lien shall remain attached to the escrow until such time as, in the opinion of the City Engineer, substantially all land within the tributary area in the subdivision has been developed. The City will at such time issue a final release to the Subdivider for recordation and release to the Subdivider any balance of the $5000 that had remained in escrow. 6. Subdivider agrees that said escrow will be retained until the Facilities are finally released by the City as provided above. In consideration thereof, the City does hereby release all of Highlander Development, First Addition from any lien or cloud now placed on the title to the above property for the purposes stated in the preceding paragraphs, and arising out of the agreements referenced in paragraph 1 above. This Partial Release Agreement shall not be construed as a release of Subdivider's obligations to keep the stormwater management facilities free of sediment and debris during development of Subdivision lots, which obligations shall remain the Subdivider's responsibility until the Facilities have been finally released by the City. Nor shall this Partial Release Agreement in any way alter, amend or modify any Stormwater Management Easement Agreement or the Subdivider's Agreements recorded in the Johnson County Recorder's office as provided in paragraph 1 above, except as provided in this Agreement. Dated this I g'~- day of March, 1998 NORTHGATE PARK ASSOCIATES, an Iowa General ~ai~fie-~hip / ,' : Myles ~ave~an, Pr'~dent CITY OF IOWA CITY, IOWA Ernest W. Lehman, Mayor Marian K. Karr, City Clerk 2 STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this I~ day of ~ , 1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Myles N. Braverman and Harry R. Wolf, to me personally known, who, being by me duly sworn, did say that they are the President and Vice President of Southgate Development Company, Inc., a general partner of Northgate Park Associates, an Iowa General Partnership, executing the foregoing instrument; that the instrument was signed and sealed on behalf of the corporation as a general partner of Northgate Park Associates, an Iowa General Partnership, by authority of the corporation's Board of Directors; and Myles N. Braverman and Harry R. Wolf acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and the partnership, by it and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) On this '7 ~- day of tMaec~, 1998, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation by authority of its City Council; and the said Mayor and City Clerk did acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. -~,,~ Notary Public in and for the State of Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-127 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HAWKEYE STATE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1027 EAST MARKET STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage for the amount of $10,000.00, executed by the owner of 1027 East Market Street on September 3, 1997, and recorded on September 12, 1997 in Book 2340 Page 272 through Page 276 in the Johnson County Recorder's Office covering the following described real estate: The West twenty (20) feet of Lot two (2), and the east twenty (20) feet of Lot three (3) all in block two (2), J.W. Clark's Addition to Iowa City, Iowa, according to the recorded plat thereof, WHEREAS, the balance of the City's lien totals $10,000.00; and WHEREAS Hawkeye State Bank, Iowa City, Iowa proposes to give a new first mortgage in the amount of $52,000.00 to the owner of 1027 East Market Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce Hawkeye State Bank to make such a loan; and WHEREAS, Hawkeye State Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to Hawkeye State Bank; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Hawkeye State Bank, Iowa City, Iowa. Passed and approved this 7th day of April ,1998. ppdcdbg/res/1029mark.doc Approved by City Attorney's Office Resolution No. 98-127 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef SUBORDINATION AGREEMENT THIS AGREEMENT Hawkeye State Bank Of Iowa City, Iowa is made by and between the City of Iowa City, , herein the Financial Institution. herein the City, and WHEREAS, the City is the owner and holder of a certainrehabilitati°n loan secured by a real which at this time is in the amount of $ 10,000.00 ~,,u V~as: =x~uu~u by Sharon B. Kline and Mark S. Kline (herein the Owner), dated September 3 , 19 97 , recorded September 12, , 19 97 , in Book 2340 , Page 272 through 276 , Johnson County Recorder's Office, covedng the following described real property: 1027 East Market Street, Iowa City, Iowa, and more particularly described as follows: The west twenty (20) feet of lot two (2), and the east twenty (20) feet of lot three (3) all in block two (2), J.W. Clark's Addition to Iowa City, Iowa, according to the recorded plat thereof. lien of WHEREAS, the Financial Institution proposes to loan the sum of $ 52.000.00 on a promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage covedng the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the the mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above notedsub°rdinati°n note &::r.r~l~lgl~he City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. SUBORDINATION AGREEMENT Page 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. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby above-referenced mor t-_~ acknowledged as a lien supedor to the gacre u. the City. 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 '7 day of ~ /~.;[ , 19 98 Mayor Attest: ~NC~L I~STITUTION Ray~l~ss Keith Kurth CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '7~ day of J~.¢; I , 199~ before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J~r~.s~ ~ L~~ and Madan K. Karr, to me pemonal!y 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 (Ordinan~.a) (Resolution) No. ~-r~ 7 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the ? ~z_ day of r-; J ~.. , 19 ?~ , and that ~,m~,.~-/- b~ ~/~_,, and Madan 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. Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~G'r~,l.. day of undersigned, a Notary Public in and for the Ray Glass and Keith Kt]rth State , A.D. 1998 , before me, the of Iowa, personally appeared , to me personally known, who President and being by me duly sworn, did say that they are the Vice President , respectively, of said corporation executing the within and foregoing instrument to which thi~ is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Ray Glass and Keith Kurth as such officem acknowledged the execution of said instrument to be the ~untary act~and deed of said corporation, by it and by them voluntarily executed. ' ~ /~ · .., ~,~ Notary~ P[ - ~ otary Public ~n an~for the State of Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 98-128 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN THE PROPERTY LOCATED AT 1 1 17 EAST COLLEGE STREET, IOWA CITY, IOWA. FOR WHEREAS, on August 25, 1987 the property owner of 11 17 East College Street, executed a Rental Rehabilitation Lien to secure a 10-year, no-interest Declining Balance Loan for the amount of $7,500 through the City's Rental Rehabilitation Program; and WHEREAS, this document created a lien against the property; and WHEREAS, the loan was satisfied on February 25, 1998; and WHEREAS, the lien needs to be released. NOW, IOWA 1. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 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 11 17 East College Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on September 1, 1987 in Book 974, Page 71 through Page 73 of the Johnson County Recorder's Office. Passed and approved this ATTEST: /'~~ '~. CITY' CLERK 7th day of Ap/~ Approved by ~ Ci~'i~ttor'~ney's/~Office~'~///~' It was moved by Vanderhoef adopted, and upon roll call there were: and seconded by Norton the Resolution be AYES: X X X X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdcdbg/res/1117coll.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property legally described as follows: Commencing 320 feet east of the northwest corner of Lot ten (10) of J. and J. W. Clark's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence east 54 feet, thence south 150 feet, thence west 54 feet, thence north 150 feet to the place of beginning, from an obligation of the property owner, Richard J. Wagner, to the City of Iowa City in the principal amount of $7,500.00 represented by the Rental Rehabilitation Lien recorded on September 1, 1987 in Book 974 Page 71 through Page 73 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ~r,'( , A.D. 19 ~ , before me, the under- signed, a Notary Public in and 'for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ?~ -/~5, adopted by the City Council on the ?~-k_ day ~ ~r;/ , 19 78 and that the said Ernest W. Lehman and Marian K. Karr as sucl~ officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdcdbg/1117coll.doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5246 RESOLUTION NO. 98-129 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREEMENT, TWO PROMISSORY NOTES, AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 143 POTOMAC DRIVE, IOWA CITY, IOWA WHEREAS, on September 22, 1994 and August 2, 1995, the property owner of 143 Potomac Drive executed a Rehabilitation Agreement, two Promissory Notes, and two Mortgages in the amount of $13,574.00 through the City's Exterior Repair Program; and WHEREAS, these documents created a lien against the property; and WHEREAS, the terms of the notes were paid off on March 26, 1998; and WHEREAS, the lien needs to be released. 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 143 Potomac Drive, Iowa City, Iowa from the Rehabilitation Agreement, a Promissory Note, and a Mortgage recorded on September 29, 1994, in Book 1818, Page 128 through Page 139, and the Promissory Note and the Mortgage recorded on August 8, 1995, in Book 1948, Pages 150 through Page 157 of the Johnson County Recorder's Office. Passed and approved this 7th ATTEST: CiTY L-~~ RK ~' day of April ,1998. Approved by City Attorney's Office It was moved by Vanderh0ef and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: X X X X X X X ppdcdbg/res/143potom.doc NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 143 Potomac Drive, Iowa City, Iowa, and legally described as follows: Lot eight (8) in Washington Park, Part 1, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, page 8, Plat Records of Johnson County, Iowa, subject to protective covenants and restrictions and easements for utilities, from an obligation of the property owner, Harriet G. Lorenz, to the City of Iowa City in the principal amount of $13,574.00 represented by a Rehabilitation Agreement, a Promissory Note, and a Mortgage recorded on September 29, 1994 in Book 1818, Page 128 through Page 139, and a Promissory Note and Mortgage recorded on August 8, 1995, in Book 1948 Page 150 through Page 157 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior~.e.~orded documents. ,/j ,,~ CITY CLERK Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) ~- ~f~. J , A.D. 19 '?~ , before me, the under- On this day of signed, a Notary Public in andfor said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. c75_/~:_? , adopted by the City Council on the ?,,z._ day ~1: -A?~-:! , 19 78 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. Notary Public in and for Johnson County, Iowa Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 98-130 RESOLUTION APPROVING THE PRELIMINARY PLAT OF A RESUBDIVISION OF LOT 51, WALDEN HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Walden Wood Associates II, L.L.C., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of a Resubdivision of Lot 51, Walden Hills; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of a Resubdivison of Lot 51, Walden Hills, Iowa City, Iowa, is hereby approved. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 7th ATTEST:ciT~ ~- ~_~ ppdadrnin/res/waldwood.doc day of April , 1998. MAYOR bcit:r°~~~fi~/e ~ ~ Resolution No, 98-130 Page ___2._ It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: January 30, 1998 (for February 5 meeting) 'ro: Planning and Zoning Commission From: Scott Kugler, Associate Planner Be: RE797-0018/SUB97-0030. Lot 51, Walden Hills. Attached please find a copy of the most recent version of the revised preliminary sensitive areas development plan and preliminary plat for Lot 51 of Walden Hills. The most recent change involves the proposed subdivision of the lot into 25 small lots ranging in size from 2,589 square feet to 5,041 square feet, with the remaining 1.25 acres being designated as an outlot for open space and the private drives. A typical building lot would contain one dwelling unit, a driveway to an attached garage at the rear of the building, and side yards of 3.5 feet. The appearance of the development would be no different than the most recent proposal, which showed all of the units on one lot, but with an identical building arrangement. The subdivided lots would allow potential buyers more favorable finance terms in purchasing the units, according to the applicant. Staff recommended approval of the previous version of the plan. Staff feels that the proposed small lot concept is in line with the design guidelines contained within the Sensitive Areas Ordinance, as well as the Housing Goals and Strategies contained on page 45 of the Comprehensive Plan, encouraging smaller owner occupied houses on smaller lots. In addition, the proposal is consistent with the concepts presented in the Iowa City Community Housing Forum Report (December, 1997) regarding small lot zoning and reduced lot widths. While the recommendations contained in these documents generally suggest lots of 4,000 square feet, most of the proposed lots in this development contain less than 3,000 square feet. However, the gross area per dwelling unit for this development, including the shared open space of Outlot 5 l-A, is over 5,000 square feet. The individual lot lines could be redrawn such that most lots contain over 4,000 square feet by extending them farther back onto the property over the access drives and the outlot. The resulting development would be no different than that being proposed. The proposed lot lines seems to make it more clear that the open space on the outlot is to be shared by all, rather than split into separate ownerships. Because of the large common open space being provided, staff feels that the lot size, lot width, and setback reductions being requested are justified. Other Zoning Chapter compliance issues, such as parking and tree requiremen[s, are adequately provided for on the plan. The City's tree regulations would not normally apply to single-family lots. However, staff feels that this is a planned residential development with multiple dwelling units regardless of how the lots are being split up, and that the tree requirements should be enforced as part of the development plan approval. The plan shows an adequate number of trees to meet the requirements of the Zoning Chapter. In terms of technical compliance with the City's subdivisions regulations, it appears that the plat is in conformance with the City's subdivision regulations, provided that the City agrees to the proposed lot size, lot width, and side yard reductions being proposed. There are some minor deficiencies that will need to be addressed, but it is anticipated that these items will be addressed prior to the February 5 meeting. Staff recommends that these items be addressed before the Commission votes on the plat. The Senior Building Official has noted that although the building separation distances are adequate, the amount of overhang on the units will be limited to six inches unless constructed of non-combustible materials. There is a six-foot separation required between the buildings, with an allowable one-foot projection into that area. However, another provision of the building code requires that any projections into the six-foot required area be of non-combustible materials. The buildings are proposed to be seven feet apart, which leaves six inches for an overhang for each building without encroaching into the six-foot required area. This may slightly impact the building elevations submitted for these units. Given the number of units contained within the overall subdivision, staff recommends that as a condition on the approval of the plat, that Shannon Drive be constructed from Rohret Road to its intersection with Irving Avenue prior to the development of any lot within this subdivision, and to the north property line of former lot 51 prior to the development of Lots 68-79. Staff feels that this is necessary to avoid excess traffic from this development utilizing the streets within the existing neighborhood to the east. Although some of the roads within Walden Hills have been constructed, the current street system would encourage the use of Coil Drive or other streets within the Walden Woods subdivision for access. Connecting Shannon Drive directly to Rohret Road would provide a more direct access to the proposed lots and help avoid additional traffic within Walden Woods. STAFF RECOMMENDATION: Staff recommends that REZ97-O018/SUB97-0030, a request for a revised preliminary sensitive areas development plan and preliminary plat of a Resubdivision of Lot 51, Walden Hills, a 2.9 acre, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue, be approved, subject to the construction of Shannon Drive from Rohret Road to its intersection with Irving Avenue prior to any development on Lots 55-79, and extended to the north in front of lots 68-79 prior to or concurrent with the development of said lots 68-79, subject to the appearance of the dwellings substantially conforming to the elevations and illustrations submitted by the applicant, and subject to approval of a revised grading plan prior to Council consideration. ATTACHMENTS: 1. Location map. 2. Preliminary plat and revised sensitive areas development plan. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development SITE LOCATION, Lot 51, Walden Hills REZ.97-0018 'F. ,'/ Preliminary Pla[ & Sensihi.ve /I ! II ~ /.',,,~ Areas DevelopmenL Plan ,,~,, for [he Resubdivision of -LoL 51, Walden Hills Iowa CiLy, Iowa 24PL~T PRgPAR~D BY: DI:VEInPI:R: DIVELOPeS AWOim~: III1~ CONSULTANTS INC IALOEN gOOD ASSOCIATES 11 LLP. CHARLES A. MU~ 1911~ SOUT~ C~ ST 325 £ IIUSHIIIG~M ST. 3~1 F~RT ~ ~ IOIA CITY, IOIk 5~240 IOIA CITY, IOIk ~2240 lOIA crl% lOlL ~5 · 125.5.10 2.~ ~[ ~T[NT ~ ~ ~ ~ ~ TO 1. A ~ ~ ~ 2. ~S*~ ~ ~0 c. MIN S~ Y~ - O~EO ~ ~ w/ ~T~ LOCATION MAP NOT TO $Ct LEOEND AND NOTES · -: ~ ~ UllUTY £A.f~MCN~ TO I!~ 1~0' ~ ~q~SS NOTED OTH~J~lS~ PLAT/PLAN APPROVED by the City of Iowa City 568 Highway l West Iowa City, IA 52246 319/354-0581 319/354-6432Fax IOWA REALTY An AM~RUS Company March 26, 1998 Karin Franklin Planning Department 410 E. Washington Street Iowa City, Iowa 52240 In re: SUB98-004 - Lot 51, Walden Hills Dear Karin: Walden Woods Associates request that the normal voting procedures be waived to expedite the final acceptance of the preliminary and final revised plat for Lot 51. As the original plat having been previously approved by the city council and the revised plat did not change the basic housing concept of Lot 51, we are making this request. We are very anxious to obtain building permits for these units. Any advice you may give me in regard to this matter or additional information needed by your staff will be provided. Please contact me as needed. My sincere appreciation in advance for your attention to this request. Sincerely, Bill Happel Walden Hills Associates Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 {319) 356-5243 RESOLUTION NO. 98-131 RESOLUTION APPROVING FINAL PLAT OF A RESUBDIVISION OF LOT 51, WALDEN HILLS, IOWA CITY, IOWA. WHEREAS, the owner, Walden Wood Associates II, L.L.C., filed with the City Clerk the final plat of a Resubdivision of Lot 51, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit.' Lot 51, Walden Hills, in accordance with the recorded plat thereof. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. NOW, IOWA, o THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the easements as provided by law. 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 7th day of Apri] , 1998. It was moved by Thornberry adopted, and upon roll call there were: and seconded by Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdadn~nYes\wwcity.doc STAFF REPORT To: Planning and Zoning Commission Item: SUB98-0004. Resub. of Lot 51, Walden Hills Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: Prepared by: Scott Kugler Date: March 19, 1998 Walden Wood Associates II, LLP 325 E. Washington Street Iowa City, Iowa 52240 Phone: 337-4195 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 25-1ot subdivision Northeast corner of Shannon Drive and Irving Avenue 2.9 acres Vacant, OSA-8 North: East: South: West: West High School, P; Residential (under ment), OSA-8; Residential (under ment), OSA-8; Vacant, OSA-8. Residential, 2-8 dwellings per acre Chapter 14-7, Land Subdivisions February 12, 1998 March 29, 1998 April 13, 1998 develop- develop- BACKGROUND INFORMATION: The applicant, Walden Wood Associates II, is requesting a final plat of a Resubdivision of Lot 51, Walden Hills, a 2.9 acres, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue. A revised sensitive areas development plan and preliminary plat for this parcel was reviewed by the Commission and recommended for approval, and is currently under consideration by the City Council. Originally planned for a total of 35 dwelling units arranged in buildings of three to eight units each, the site is now planned to contain 25 detached dwellings on individual building lots ranging in size from 2,589 to 4,982 square feet, with a 1.2 acre outlot that contains an access drive, utility easements, and open space. If the Commission votes on this item prior to Council consideration of the preliminary plat, it should be subject to the approval of the preliminary plat. ANALYSIS: The proposed final plat appears to be in general conformance with the pending preliminary plat and the City's subdivision regulations. However, there are a few minor deficiencies having to do with the way easements are labeled on the plat. These items should be addressed prior to consideration of the plat by the Commission. Construction drawings will be needed for the proposed public utilities. They have been submitted and are under review, and must be approved prior to Council consideration of the plat. Storm water management will be provided via an easement and pond located off-site to the north of Lot 51, approved and dedicated as part of the final plat for the Walden Hills subdivision. Likewise, water main extension fees and the dedication of neighborhood open space were addressed at that time. Legal Papers have been submitted and are under review. The legal papers should address the following issues: · Occupancy of the dwelling units on Lots 55 through 67 cannot occur until Shannon Drive is extended north to Lot 51, and on lots 68 through 79 until Shannon Drive is extended north to the north line of Lot 79. An escrow will be required to ensure completion of these public improvements; and · During construction of the dwelling units on this property and until Shannon Drive is constructed and accepted by the City allowing direct access out to Rohret Road, the two connecting streets to the Walden Woods neighborhood to the east, Irving Avenue and Coil Drive, shall be barricaded such that construction traffic enters the site via Shannon Drive and not through the adjacent neighborhood; and · Construction of sidewalks on the outlot frontages by the developer; and · The release of previously platted easements that are no longer needed as a result of the changes in the design of the proposed development on the lot; and · The need for a lot owners association to address maintenance of the common areas on the property, such as the open space and the private drives. The infrastructure issued mentioned above, as well as the street closure issue, has been incorporated into a conditional zoning agreement associated with the rezoning of the 3 property. However, staff feels that these items should also be referenced in the legal papers for this plat. STAFF RECOMMENDATION: Staff recommends that SUB98-0004, be deferred pending the resolution of the deficiencies listed below. Upon resolution of these items, staff recommends that the request for a final plat of a Resubdivision of Lot 51, Walden Hills, a 2.9 acre, 25-1ot residential subdivision located at the northeast corner of Shannon Drive and Irving Avenue, be approved, subject to the approval of construction drawings and legal papers prior to Council consideration of the plat, and subject to the approval of the preliminary plat by City Council prior to Council approval of the final plat. DEFICIENCIES AND DISCREPANCIES: 1. Miscellaneous corrections needed to easement labels. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Final PlaL for lhe Resubdivision of Lo[ 51, Walden Hills Iowa CiLy, Iowa PLAT PREPAREI3 BY: DEVELOPER: DEYEIDPER'H ATTORNEY: WWS CO~ULTANT~ INC. I.~LD~ lOOD ASSOCIATES H LLP. CHARLgS A. IIUIAEN 1917 SOUTH GII~IH{T ST 325 £ WLHHINGTON E"t. ~1 EAST IIARKET STREET IOWA cn"Y, IOWA, 522~ IOWA CITY, IOWA, 522~ IOWA CITY, IOWA, 52245 I LEGEND AND NOTES ~ ~ ~ IS LESS 'IBAN 1 FOOT IN 20.000 ~ I ~ tirol ~rixj t~e m~th ~f F~x-., 1~8..t the 4mctJm of Illalden ~ AlIQclete~ U LLP., o m~my w~l made un~r my mpevM~ott ~f ~ M 27.57' 27.55' I I APPROVED City of Iow~ City 2.85 AC P I PDH 5 L ~0HRET :n ~,~s 5 RFrlT~ ~'J P AEBE RM 12 SITE LOCATION: Walden Hills, Resub of Lot 51SUB98-0004 Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 98-132 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF WESTCOTT HEIGHTS, JOHNSON COUNTY, IOWA. WHEREAS, the owners, James R. Anderson, Thomas J. Bender, and Stephen T. Bender, filed with the City Clerk the final plat of Westcott Heights, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: Beginning at the Nodhwest Corner of the Northwest Quarter of the Northwest I Quarter of Section 26, Township 80 North, Range 6 West, of the Fifth Principal Meridian; Thence S88°42'49"E, along the North Line of Said Northwest Quarter of the Northwest Quarter, 1337.81 feet, to the Northeast Corner thereof; Thence S00°07'42"E, along the East Line of said Northwest Quarter of the Northwest Quarter, 1329.73 feet, to the Southeast Corner thereof, and the Northeast Corner of Lot 1, of Westcott Addition, to Johnson County, Iowa, in accordance with the Plat thereof Recorded in Plat Book 35, at Page 333, of the Records of the Johnson County Recorder's Office; Thence N88°46'24"W, Along the North Line of said Lot 1, a distance of 771.87 feet, to the Northwest Corner thereof, Thence S00°35'13"W, Along the West Line of said Lot 1, a distance of 666.24 feet, to the Southwest Corner thereof, and a Point on the South Line of the North One Half of the Southwest Quarter of the Northwest Quarter of said Section 26; Thence N88°41 '25"W. along said South Line, 562.08 feet, to the Southwest Corner of said North One-Half, Thence N88°14'14"W. 755.90 feet, to the Southeast Corner of a 25.00 acre tract of land in the NORTHEAST QUARTER SECTION 27, T80N, R6W Johnson County, Iowa, in accordance With a Plat of Survey, by Harlan H. Schwob, Registered Land Surveyor, dated October 7, 1961, Thence N00°04'01"W. along the East Line of said Plat of Survey, 1985.62 feet, to the Northeast Corner thereof; Thence S89°04'18"E, 757.96 feet, to the Point of Beginning. Said tract of land contain. 84.12 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision ~re found to conform with Chapter 354, Code of Iowa (1997) and all other state and local requirements. 000141 Resolution No. 98-132 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 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 7th C0 ; '0RAT iSEAL ATTEST: ~ 7~. CITY CLERK day of 'Apri l,,~./~ 1998~~ Y R It was moved by Norton and seconded by adopted, and upon roll call there were: 0'Donnell the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadmin/res/westcott,doc 00 )14;Z STAFF REPORT To: Planning and Zoning Commission Item: SUB98-0005. Westcott Heights, Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: Prepared by.' Scott Kugler Date: March 19, 1998 James Anderson, Thomas Bender, & Stephen Bender 44 Sturgis Corner Drive Iowa City, Iowa 52246 Phone: 351-3355 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Final plat approval To create a 31 -lot residential subdivision. West side of Prairie du Chien Road, approximately ¼ north of Newport Road. 84.12 acres Undeveloped, RS North: East: South: West: Agricultural, A1; Residential, A2; Residential, agricultural, A1; Undeveloped, RS. The Fringe Area Agreement permits residential development on a case-by- case basis within Area A provided that at least 50 percent of the property is set aside as open space. Chapter 14-7, Land Subdivisions, City Rural Design Standards File date: February 12, 1998 45-day limitation period: March 29, 1998 60-day limitation period: April 13, 1998 BACKGROUND INFORMATION: The applicants, James Anderson, et al, are requesting a final plat of Westcott Heights, an 84.12 acre, 31-1ot residential subdivision located on the west side of Prairie du Chien Road, approximately ¼ mile north of Newport Road. A preliminary plat for this property was recently reviewed and approved by the Commission and City Council. ANALYSIS: The proposed final plat appears to be in general conformance with the approved preliminary plat for this property. However, the applicants are requesting that one of the City Rural Design Standards be waived for a portion of this development. The specifics of this request are discussed below. If this request is approved, the plat is in general conformance with the City's subdivision regulations. If not approved, the Commission's recommendation should be subject to the plat being revised to conform to the Rural Design Standards prior to Council consideration of the final plat. Legal papers must also be approved prior to Council consideration of the plat. City Rural Design Standards: The preliminary plat for this development contained a street cross section that indicated that all of the roads within the development would be located within 60 foot wide right-of-ways, as required by the City Rural Design Standards. However, the right-of-ways shown on the plat for West Ridge Court and Morel Circle, two short cul-de- sacs near the northeast corner of the site, were only 50 feet in width. This was not discovered until the final plat was submitted. The 60 foot right-of-way requirement is intended to allow a typical rural roadway to be retrofitted with curbs, gutters, and storm sewers at some point in the future should the area be annexed and brought up to City Urban Design Standards. The City Council can waive or modify the design standards where "strict compliance with the requirements ... would result in extraordinary hardship because of unusual topography, excessive costs, or other such non-self-inflicted conditions or would conflict with the objectives of these regulations," or where strict compliance "would result in poor subdivision design or could result in the substantial degradation of natural features." The Council may vary the requirements only if it finds that the public interest is protected and the intent or purpose of the Subdivision Regulations will not be nullified. The applicants contend that the additional right-of-way will result in a decrease in the buildable area for homes and septic systems to be located on the adjacent lots, and may result in more of the sloped areas on the site being disturbed. A modification of the right-of- way standard of 60 feet to 50 feet is being requested for the two streets in question. The applicants argue that the best long-term solution for storm water runoff from the roadway is not curb and gutter, but rather ditches which then convey the runoff to available drainage swales rather than concentrating runoff to the extent that erosion begins occurring. Public Works has reviewed the applicants' reasoning and feels that roadside ditches are acceptable 3 as a long term solution in this situation, given the short length of the roads, the topography of the surrounding area, and the unlikelihood of annexation of this property in the foreseeable future. Staff recommends that the requirement for a 60 foot wide right-of-way be modified in this case to require 50 feet for Morel Circle and West Ridge Court only. Street Connections to Adjacent Properties: The proposed plat contains two stub streets that have the potential to extend to the adjacent property to the west, and one outlot that could provide potential access to the south of this development, as shown on the preliminary plat. The two stub streets to the west are to contain temporary turnarounds until such time that the streets are extended. Easements are shown for these turnarounds. The plat contains a note indicating that Outlot F is reserved for a possible future street connection to the south, but is subject to approval of development plans for the property to the south that contain another access onto Prairie du Chien Road. A roadway should not be extended in that location until a second means of access to Prairie du Chien Road is physically provided. The legal papers should include such a provision also. Open Space: The plat indicates that between the various outlots on the property and the right-of-way green space, 42.06 acres of open space is to be provided, which meets the requirements of the Fringe Area Agreement. The agreement requires that 50% of the property be reserved as open space. Storm Water Management: Storm water management easements are being provided in the west and northeast portions of the site. Storm water management facilities will not be required to be installed at this time, but the easements will be established as part of the final plat. Upon annexation, the City can require that they be constructed. STAFF RECOMMENDATION: Staff recommends that SUB98-0005, a request for a final plat of Westcott Heights, an 84.12 acre, 31-1ot residential subdivision located in Johnson County on the west side of Prairie du Chien Road, approximately ¼ mile north of Newport Road, be approved, subject to the approval of legal papers prior to Council consideration of the plat, and that the requirement for a 60 foot wide right-of-way be modified to require 50 feet for Morel Circle and West Ridge Court. ATTACHMENTS: 1. Location map. 2. Final plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LEGEND ! ..........WES POINt OF BEGINNING TC ]~inal PlaL OTT HE Johnson County, iowa STREET C£N]~RUNE CURVE TABLE 9 18 19 NOTES O.L. 'D' ~ ~ '"~ ' ¢ h, '.. ID RS RFBH ID RS -! II RS 12 RS 5 I ID-ORP I ~ I I I RRli CO1 RDP ID -RS ORP ]1 ID -RS SITE LOCATION' Westcott Heights SUB98-0005 MMS CONSULTANTS, INC. 1917 S. GILBERT STREET · IOWA CITY · IOWA 52240-4363 OFFICE 319-351-8282 FAX: 319-351-8476 Robert D. Mickelson L.S. (Retired) Larry R. Schnittjer L.A. Christopher M. Stephan P.E Glen D. Meisner kS & P.E Paul V. Anderson P.E Edward H. Brinton P.E David J. Biehl L.A. James E Lichty L.S Ronald L. Amelon P.E. .< z z ~2 Z .< March 11, 1998 Scott Kugler, Planner Department of Planning & Community Development City of Iowa City 410 East Washington Iowa City, Iowa Re: Westcott Heights - Preliminary Plat Johnson County, Iowa Dear Mr. Kugler: With this letter we hereby request, on behalf of the Owners/Subdividers, that the rights-of-way for the two short cul-de-sac streets in the above referenced subdivision be permitted to have a 50- foot right-of-way in lieu of the 60-foot right-of-way that the City of Iowa City would normally request and require. We offer the following in support for this narrower right-of-way: Increasing the width of the right-of-way will cause the area available for placing the proposed houses on each lot to become narrower and possibly push the house location so far down slope as to make the location unacceptable for house construction. It may also make the selected septic system location not usable with the new house location. We believe that sufficient area will be available within the narrower right-of-way to construct and maintain the ditches necessary to convey storm runoff from the roadway to available drainage swales. The distances that the ditches will have to convey storm runoff from the roadway is very short on each of these cul-de-sac streets. Typically the ditch will only be required to convey street runoff along the front of the lot to the side yard, where the runoff will be conveyed along the lot lines to the ravines in the backyards. Go We believe that the ditches are a better long term solution to the conveyance of surface runoff from these areas because we will not be concentrating storm runoff to the extent that we begin to cause erosion. The grassed ditch and waterways will be more environmentally friendly and should be easier for the individual home owners to maintain. We trust that the information presented herein is sufficient for your needs. If you have any questions or require any additional information, please contact us accordingly. Respa)fully s/,a)bmitted: M~ yO~S,j,_JLTANTS, INC. ~~-"~I~ '~ 's o ;Ztep~ Prepared by: Jeff McClure,Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 98-133 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTHGATE AVENUE AND WATERFRONT DRIVE PAVING IMPROVEMENT PROJECT AND WEST PEPPERWOOD RELIEF SEWER, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public headng on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 5th day of May, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 12th day of May, 1998, or at such later time and place as may then be fixed. Passed and approved this 7th ATTEST: ~ '~. CITY CLERK dayof April ,1998 City Attorney's Office pweng'~res\sthwatr. doc Resolution No. 98-133 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef "~repared by: Jeff McClure,Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5' , RESOLUTION NO. RESOLUTION'x, APPROVING PLANS, SPECIFICATIONS, FORM OF ,qZ~iTRA AND ESTIMATE OF"xCOST FOR THE CONSTRUCTION OF THE SOIJTHC~?,E,AVENUE AND WATERFRONT 13[::liVE PAVING IMPROVEMENT PROJECT AND V~I i:~T PEPPERWOOD RELIEF SEWER, E~TABUSHING AMOUNT OF BID SECURITY TO .a~C , MPANY EACH BID, DIRECTING CITY ClK,ERK TO PUBLISH NOTICE TO BIDDERS/,/AND FIXING TIME AND PLACE FOR RECEIPT'(~ BIDS. / WHEREAS, notice of public hear~ on the plans, specifications, contract and estimate of cost for the above-named project was s required by law, and the thereon held. NOW, THEREFORE, BE IT COUNCIL OF' CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of and approved. of cost for the above-named project are hereby The amount of bid security to accompany be in the amount of 10% (ten percent) of bid for the construction of the above-named project shall to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized construction of the above-named pro general circulation in the city. a d to publish notice for the receipt of bids for the published at least once weekly and having a Bids for the above-named project to be received e City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, unl 0:30 a.m. on the of April, 1998. Thereafter the bids will be opened by the City Engineer or s designee, and thereu referred to the Council of the City of Iowa City, Iowa, for action upon at its next meeting, to be at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. the 5th day of May, 1998, or at h later time and place as may then be fixed. Passed and approved this day of ,19 ATTEST: MAYOR p~by City Attorney's Office Prepared by: Jeff McClure, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 98-134 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK, STP-E-3715(9)--8V-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE. WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids will be accepted on April 28, 1998, at 9:00 a.m., Ames, Iowa at the Department of Transportation; and WHEREAS, notice of public headng on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project were published as required by law by the IDOT, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids, to be let by the IDOT, for 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 7th A'F'r'EST: /0~/(~,~) ~ CITYT~LERK day of Apr'i I ,19 98 City Attorney's Office pweng'~res~irctrail.doc Resolution No, 98-134 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanden'hoer the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Rob Winstead, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, I^ 52240 (319) 356-5145 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF COURT STREET EXTENDED, PHASE 1 IMPROVEMENTS, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPNAY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public headng on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named improvements are hereby approved. The amount of bid secudty to accompany each bid for the construction of the above- named improvements shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named improvements in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named improvements are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 28th day of April, 1998. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 12th day of May, 1998, or at such later time and place as may then be fixed. Passed and approved this day of ,19 ATTEST: CITY CLERK MAYOR Ci'ty Attorney's Office pweng~res~3urtex.doc Prepared by: Doug Boothmy, HIS Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. 98-135 RESOLUTION AUTHORIZING CONVEYANCE OF 1417 PINE STREET, ALSO DESCRIBED AS LOT 45, BLOCK 3, SECOND HIGHLAND DEVELOPMENT ADDITION, TO THE TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Tenant at 1417 Pine Street has agreed to purchase 1417 Pine Street for the principal sum of $79,000, the appraised value of the property; and WHEREAS, on March 24, 1998, the City Council adopted Resolution No. 98-104 declaring its intent to convey its interest in 1417 Pine Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1417 Pine Street, also described as Lot 45, Block 3, Second Highland Development Addition, to the Tenant. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 7th day of Apri 1 ,1998. ATTEST: ~(/~ CITY-CLERK Approved by City Attorney's Office hlsadm/res¢1417p~n2.doc Resolution No. Page 2 98-135 It was moved by Thornberry and seconded by adopted, and upon roll callthere were: Vanderh0ef the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5143 RESOLUTION NO. 98-136 RESOLUTION APPROVING THE FY99, 2000, 2001, 2002, and 2003 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1998 TO JUNE 30, 2003. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, JOHNSON COUNTY, IOWA, that the Official Report of Municipalities for Street Construction Program from July 1, 1998 to June 30, 2003 be approved. Passed and approved this 7th day of Apri 1 ATTEST: Cl L~'~~~RK ~' ~ ,1998. ..,~¢,~App roved City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: and seconded by AYES: NAYS: ABSENT: Norton the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng\res\street,doc Form 220001 1-95 R.U.T 4 I~ Iowa Department of Transportation OFFICIAL STREET CONSTRUCTION PROGRAM FOR CITIES - Pop. 5,000 & over (five-year comprehensive) City IOWA CITY County JOHNSON From July 1, 1998 TO June 30, 2003 I, MARIAN K. KARR . city clerk of the City of IOWA CITY, IOWA do hereby certify that the city council has by resolution approved this five-year comprehensive Street Construction Program this Month City Clerk Mailing Address Daytime Phone No. · Day , Year 1998 MARIAN KARR 410 E. WASHINGTON STREET (319) (Area Code) 52240 (z~p Code) 356-5041 HoursAvailable S:00 AM TO 5:00 PM ERNEST W. LEHMAN MEMBERS OF THE COUNCIL CONNIE CHA~V[P I ON KAREN KUBBY DEE NORTON MIKE O' DONNELL DEAN THORNBERRY DEE VANDERHOEF , Mayor Cities - Pop. 5,000 & over shall file, on or before May 1 of each year, two copies of this report and two maps with the Iowa Dept. of Transportation. Distribution: White and Yellow Copies - Iowa Transportation Center Planner; Pink Copy - City Form 220002 1 -g5 Type of Construction 1 Right of Way 2 Grade and Drain 3. Pave 4 Reconstruction Pavement Widening 6. nesurfacing 7. Shoulder Widening Surface Restoration Bridge or Culvert Only Intersection Lighting 11. Street Lighting 12. Sidewalks 13. Storm Sewers 14. Miscellaneous State Functional Classification 03 Freeway - Expressway Extension 04 Aderial Extension 05 Aerial Connector Extension 06 Trunk (Extension of Rural) 07 Trunk Collector (Extension of Rural) 10 Municipal Arterial Systems 11 Municipal Collector Systems 12 Municipal Service Systems FY Project Street Name No. From 99 1 Asphalt Resurfacimg Various Project Streets 99 2 Curb Ramp Program Various (ADA Requirement) Locations 99 3 RR Crossing Various Improvements Locations 99 4 Dodge St. & Intersection Dubuque Rd. Only 99 5 Captain Irish Dodge St. Parkway 6 Gilbert St. & Intersection 99 Highway 6 Only /~q~ Iowa Department of Transportation STREET CONSTRUCTION PROGRAM For July 1, 19 98 To June 30, 20 03 5 Year Program (Cities Pop. 5,000 & Over) 7 Highway 6 Gilbert St. 99 Project Limits To State Func. Surface Classification Existing Proposed 10-12 ACC & ACC PCC 10-12 PCC PCC 10-12 ACC & PCC Comp., 4 ACC PCC ACT Property 10 None PCC Dual Left Turn 4 PCC PCC Lanes Type of Construction 8 Summit Street Summit St. & 99 Bridge Iowa Inters. RR Rider Street 99 12 4 4,5,12, 1,2,3, 17,1~ Boyrum 4 None PCC 12, 13 10 PCC PCC 4,9 11 ACC PCC 13,4 Sheet City County 9 Woolf Ave River St. 3 PCC PCC 3 None PCC 5 99 10 Highway 6 Highway 6 & Left turn Lane First Ave. 11 Highway 1 Highway 1 & Right Turn Lane 99 S,,n~pt St Distribution: White and Yellow Copies - Iowa Transportation Center Planner; Pink Copy - City 4 1 of __ IOWA CITY .IOHNSON R.U.T. 4A 6 Projecl Length Total Estimated Cost (Miles) (Dollam) 0.50 395,000 -- 112,000 -- 20,000 0.25 800,000 0.28 1,200,000 0.10 423,000 0.30 1,000,000 0.11 1,100,000 0.19 686,000 0.04 100,000 0.04 100,000 Form 220002 1-95 Type of Construction 1 Right of Way 2. Grade and Drain 3 Pave 4 Reconstruction 5 Pavement Widening 6. Resurfacing 7. Shoulder Widening 8. Surface Restoration 9. Bridge or Culvert Only 10. Intersection Lighting 11. Street Lighting Sidewalks 13 Storm Sewers 14. Miscellaneous State Functional Classification 03 Freeway - Expressway Extension 04 Arterial Exlension 05 Aerial Connector Extension 06 Trunk (Extension of Rural) 07 Trunk Collector (Extension of Rural) 10 Municipal Arlerial Systems 11 Municipal Collector Systems 12 Municipal Service Systems / ~1owa Department of Transportation STREET CONSTRUCTION PROGRAM For July 1, 19 98 To June 30, 20 03 5 Year Program (Cities Pop. 5,000 & Over) Project Limits FY Project Street Name No. From To 99 12 River Street Riverside Dr. Woolf Ave. 99 13 Court Street Elmira St. east 1700' 99 14 Southgate Ave. Waterfront Dr. Gilbert St. 99 15 Iowa River Burlington St. Napoleon Park Trail System Sheet City County State Func. Surface Type of Classification Existing Proposed Construction 11 ACC PCC 4,13 10 None PCC 1,2,3,13 11 None PCC 1,2,3, 12,13 Trail None ACC & 12 PCC R.U.T. 4A 2 of 6 IOWA CITY JOHNSON Pr~t Length Total Estimated C~t (Miles) (Dollam) 0.51 1,625,000 O.6O 815,000 0.34 530,000 2.25 2,265,000 Distribution: White and Yellow Copies - iowa Transportation Center Planner; Pink Copy - City Form 220002 1-95 Type of Construction 1 Right of Way 2. Grade and Drain 3. Pave 4 Reconstruction Pavement Widening 6. Resurfacing 7. Shoulder Widening 8. Surface Restoration 9. Bridge or Culved Only Intersection Lighting 11 Street Lighting Sidewalks 13. Storm Sewers 14. Miscellaneous State Functional Classification 03 Freeway - Expressway Extension 04 Arterial Extension 05 Aerial Connector Extension 06 Trunk (Extension o! Rural) 07 Trunk Collector (Extension of Rural) 10 Municipal Arteria~ Systems 11 Municipal Collector Systems 12 Municipal Service Systems ll~!~ Iowa Department of Transportation STREET CONSTRUCTION PROGRAM For July 1, 19 98 To June 30, 20 03 5 Year Program (Cities Pop. 5,000 & Over) Project Limits FY Project Street Name No. From 00 1 Asphalt Resurfac:ng Various Project Streets 00 2 Curb Ramp Program Various (ADA Requirement) Locations O0 3 RR Crossing Various Improvements Locations O0 4 Burlington St. South Bridge over Bridge Iowa River 00 5 Foster Road & Intersection Dubuque Street Only 00 6 Foster Road Idylwild Drive Elk's To 00 7 Highway 6 Boyrum Keokuk 00 8 Lower Muscatine Deforest Spruce Road 00 9 Meadow Street Meadow over Bridge Ralston Creek 00 10 Sycamore Street Burns Avenue City Limits Distribution: White and Yellow Copies - Iowa Transportation Center Planner; Pink Copy - City R.U.T. 4A Sheet 3 of 6 City IOWA CITY County JOHNSON State Func. Surface Type of Classification Existing Proposed Construction 10-12 ACC & ACC 8 PCC 10-12 PCC PCC 12 10-12 ACC & PCC 4 Comp. 4 PCC PCC 14 10 PCC & ACC 4 ACC PCC 12 Chip 1,2,3,4 or Seal ~CC 4 None PCC _2,13,14 10 ACC PCC 4 11 PCC PCC 9 4 Chip PCC 1,4,12, Seal 13 Pr~ectLength TotalEstima~dCost (Miles) (Dollam) 0.50 411,000 -- 116,000 -- 20,000 0.06 500,000 0.19 1,046,000 0.95 2,380,000 0.30 1,000,000 0.50 600,000 0.04 270,000 0.57 1,061,000 Form 220002 1-95 Type ot Conslrucfion 1. Right of Way 2. Grade and Drain 3 Pave 4 Reconstruction 5. Pavement Widening 6. Resudacing 7. Shoulder Widening 8 Surface Restoration 9. Bridge or Culvert Only 10. Intersection Lighting 11. Street Lighting 12. Sidewalks 13. Storm Sewers 14. Miscellaneous State Functional Classification 03 Freeway - Expressway Extension 04 Arterial Extension 05 Aerial Connector Extension 06 Trunk (Extension of Rural) 07 Trunk Collector (Extension of Rural) 10 Municipal Arterial Syslems 11 Municipal Collector Systems 12 Municipal Service Systems FY Project Street Name No.  1~ Iowa Department of Transportation STREET CONSTRUCTION PROGRAM For July 1, 19 98 To June 30, 20 03 5 Year Program (Cities Pop. 5,000 & Over) From Project Limits To Sheet __ City County 01 1 Asphalt Resurfacing Various 2 Curb Ramp Program Various 01 (Aria P~qu~rement) ~ocat~ons 3 RR Crossing Various 01 Improvement~ Loca~ion~ 4 Benton Street Orchard 01 Oaknoll 5 East-West Sycamore St. proposed 01 Parkway detention basin 6 Highway 6 Keokuk Taylor 01 7 Rochester Ave. Rochester Ave. 01 Bridge at Ralston 8 Second Ave. Second Ave. at 01 Bridge Ralston Creek 4 of IOWA CITY JOHNSON State Func. Surface Type of Project Length Classification Existing Proposed Construction (Miles) 10-12 ACC & ACC 8 PCC 10-12 PCC PCC 12 10-12 ACC & PCC ~ 4 Comp .... · 11 PCC & PCC 4 ACC 10 None PCC 1,4,12, 13 01 01 01 Distribution: White and Yellow Copies - Iowa Transportation Center Planner; Pink Copy - City 4 None PCC 12,13 10 PCC PCC 9 12 PCC PCC 9 R.U.T. 4A 6 Total Estimated Cost (Dollars) 0.50 427,000 -- 121,000 -- 20,000 0.70 2,000,000 0.57 1,012,000 0.30 1,000,000 0.03 281,000 0.03 281,000 F Grin 220002 1-95 Type of Construction 1 Righf of Way 2. Grade and Drain 3 Pave 4. Reconstruction 5. Pavement Widening 6. Resurfacing 7. Shoulder Widening 8. Surface Restoration 9. Bridge or Culvert Only 10. Intersection Lighting 11. Street Lighting 12. Sidewalks 13. Storm Sewers t4. Miscellaneous State Functional Classification 03 Freeway - Expressway Extension 04 Arterial Extension 05 Aerial Connector Extension 06 Trunk (Extension of Rural) 07 Trunk Collector (Extension of Rural) 10 Municipal Arterial Systems ; 11 Municipal Collector Systems 12 Municipal Service Systems  1~!~ Iowa Department of Transportation STREET CONSTRUCTION PROGRAM For July 1, 19 98 To June 30, 20 03 5 Year Program (Cities Pop. 5,000 & Over) Project Limits FY Project Street Name No. From To 02 1 02 2 02 3 Asphalt Resurfacimg Various Project Streets Curb Ramp Program (ADA Requirement) RR Crossing Improvements Various Locations Various Locations 02 4 Dodge Street Governor Dubuque Rd. State Func. SuHace Cla~ifi~tion Existing Proposed 10-12 ACC & ACC PCC 10-12 PCC PCC 10-12 10 Type of Construction 8 12 ACC & PCC , 4 Comp., _~ ' O2 02 5 First Avenue Captain Irish Pmrkwmy 6 Fourth Avenue Fourth Avenue at Bridge Ralston Creek Hickory Trail 02 7 Highway 6 Taylor Sycamore St. 10 12 ACC PCC None PCC PCC PCC 02 8 Park Road and Intersection Left Turn Riverside Dr. Only 02 9 Third Avenue Third Avenue at Bridge Ralston Creek 02 None PCC Lanes 10,11 ACC PCC O2 Distribution: White and Yellow Copies - Iowa Transportation Center Planner; Pink Copy - City Sheet City County 12 PCC PCC 4,5,12, 13 ,2,3,12 L3 12,13 4,5,10 R.U.T. 4A 5 of 6 IOWA CITY JOHNSON Projecl Length Total Estlma~d Cost (Miles) (Dollam) 0.50 444,000 -- 126,000 -- 20,000 0.39 1,279,000 0.50 1,457,000 0.10 293,000 0.30 1,000,000 0.04 207,000 0.10 292,000 Form 220002 1-95 Type of Conslruction 1. Right of Way 2. Grade and Drain 3. Pave 4. Reconstruction 5, Pavement Widening 6 Resurtacing 7. Shoulder Widening 8. Surface Restoration 9. Bridge or Culvert Only 10 Intersection Lighting 11. Streel Lighting 12. Sidewalks 13. Storm Sewers 14. Miscellaneous State Functional Classification 03 Freeway - Expressway Extension 04 Arterial Extension 05 Aerial Cor~nector Extension 06 Trunk (Extension of Rural) 07 Trunk Collector (E~lension of Rural) 10 Municipal Arterial Systems It Municipal Collector Systems 12 Municipal Service Systems FY Project StmetName No. From 03 1 Asphalt Resurfacing Various Project Streets 03 2 Curb Ramp Program Various (ADA Requirement) Locations 03 3 RR Crossing Various Improvements Locations 03 4 Captain Irish Scott Boulevard Parkway 03 5 Captain Irish Through ACT Parkway  /l,~) Iowa Department of Transportation STREET CONSTRUCTION PROGRAM For July 1, 19 98 To June 30, 20 03 5 Year Program (Cities Pop. 5,000 & Over) Project Limits ACT Sheet City County To 03 6 Dubuque St. & Intersection Left Turn Lane Church St. Only 7 Scott Boulevard Rochester Ave. Captain Irish O3 State Func. Surface Type of Classification Existing Proposed Construction 10-12 ACC & ACC 8 PCC 10-12 PCC PCC 12 10-12 ACC & PCC 4 Comp._ 10 None PCC 10 None PCC 1,2,3,11, 12,13 1,2,3,11, 12,13 10 PCC PCC 5 10 None PCC 1,2,3,12, 13 O3 O3 03 O3 Distribution: White and Yellow Copies - Iowa TransPortation Center Planner; Pink Copy - City R.U.T. 4A 6 of 6 IOWA CITY .IOHNSON Project Length Total Estimated C~l (Miles) (Dollam) 0.50 444,000 -- 126,000 20,000 0.57 2,611,000 0.38 1,101,000 0.04 122,000 0.83 2,677,000 Iowa Department of Transportation 800 Lincoln Way, Ames, Iowa 50010 515-239-1004 FAX 515-239-1828 Ref. No: Subject: 701.229 KM17 Road Use Tax Fund Street Construction Program APR 2'7 1998 Dear City Clerk: We acknowledge receiving your city's five-year Street Construction Program for the period July 1, 1998 through June 30, 2003 as required by Section 312.12 of the Code of Iowa. Sincerely, PRC:km Patrick R. Cain, Director Office of Transportation Data Planning and Programming Division Prepared by: Denny Gannon, Asst. City Engr., 410 E. Washington St., Iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 98-137 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE SUMMIT STREET BRIDGE RECONSTRUCTION PROJECT [BRM-3715(13)--8N-52]. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation; 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 BRM-3715(13)--8N-52 for the removal and replacement of the Summit Street bridge, which spans over the Iowa Interstate Railroad; this agreement will provide Federal-aid funding in the amount of 80% of construction costs or $850,000, whichever is less. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation for Federal-aid Highway Bridge Replacement and Rehabilitation Program funds. Passed ATTEST: The City Clerk shall furnish copies of said agreement to any citizen requesting same. and approved this 7th day of Ap~'i ] , 1 998. Approved by LERK City Attorney's Office pweng\sumtstbr.res Resolution No. 98-137 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Jim Schoenfelder, City Architect/Energy Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 98-138 RESOLUTION APPROVING THE DESIGN OF EXTERIOR SIGNAGE AT 112 SOUTH DUBUQUE STREET. WHEREAS, the applicant, Sign Productions, Inc. has filed an application for design review approval of the exterior signage at 112 S. Dubuque Street, Iowa City, Iowa, hereinafter "Project"; and WHEREAS, given that the project consists of exterior alterations occurring on a parcel that was pad of the urban renewal project known as Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Department of Public Works, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the project be accepted and approved with the consideration that of the two signage options presented that only the signage with light colored lettering and dark green background be approved; and WHEREAS, the design of the project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the light colored lettering and dark colored background extedor signage at 112 S. Dubuque Street, Iowa City, Iowa, be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution. 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 7th day of Apr--i '1 ,1998. ATTEST: /'~<z...~ CITY CLERK City Attorney's Office ecodev/res/112dubuq.doc Resolution No. 98-138 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: March 9, 1998 To: Design Review Committee From: Jim Schoenfelder Re: Sign Review at 112 S. Dubuque An application for a sign review has been submitted for Dain-Rauscher at 112 S. Dubuque. At present the owner is considering one of the two options, but has not decided on either at this time. If the Committee has strong objection to either one of these options the owner would like to know as soon as possible. The committee may approve both options; approve one and not the other; or approve neither. The applicant did not submit photos of nearby signs; however if a representative of the owner attends the 3/16/98 meeting they may bring photos along. Only one color rendering of the signs was submitted and will be available for viewing at the meeting. The sign colors are off white and holly green. The sign will be internally illuminated. tp1-2js.doc DESIGN REVIEW APPLICATION · Urban Renewal · Urban Revitalization · City Plaza Preliminary Review Final Review (Check one) Address of Project: \ Name of Applicant: ~\ U ~ Address: ~;:~ '~ ~)j).. ~t~ ~. City: ~~ ~ ~ ~ ~ State: Name of Property Owner: ~ [ ~ ~~~one number: Address: ~ ~ ~. ~~~ ~ ~' City: ~~ ~ L~ Project Description: Project Time Schedule: State:--~' ,Z], Zip: ~,~-~/~ --~0 ~/ Phone number: ~,~'~"~ Ten copies of all drawings and written materials must be submitted along with this application. The following requirements must be submitted unless the Design Review Committee staff person has waived submission of any of the requirements (Check all that have been submitted with application): Site analysis & site plan Landscaping plan Building elevations Sectional drawings Drawings of proposed signsm Lighting plan Additional information (as provided by the applicant): Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal require- ment. All submittal requirements should follow accepted conventions of drawing namely all drawings should be clearly labeled, scales shown, north arrow on plans, clear and readable linework, and should be as clear as possible. Please refer questions to Design Review Committee staff assistant, 356-5044. (1)If project includes signs, applicant must also submit a sign application. signature of Applicant~ .) ~C ~_~~ Date: ecodev\drcapp.ure FILE NAME: dok'~2 DESIGN: I./WI834 I~EVISED 3/~9iD SERVICES:.: e" I] J JOB tt I ~ ~Dotn Rau~t~t LO~TION Ped Ivk)l. 10w~ CAy CI~'~ACT BIIUNO PHONE DAlE A~N~D OA~ JOB DESCRIPTION 1} F~b 3'-O'HxG'-I I/2%V si~ k]ce exuded (~zrmu~ cabnel. Foc~ warn 3/~0' wr~ p~]. I LSCH ER IN\,'ESTMENT SERVICES · INVESTMENI' BANKING SIGN 1010 1St. N.W. Cedo[ Rapids, Iowa 52405 319-364-6697 FAX 319-363-8034 [L~_CmJc_.4L VINYL Prepared by: Marilyn Kriz, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5100 RESOLUTION NO. 98-139 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON PC ARCHITECTS, TO PROVIDE ARCHITECTURAL CONSULTANT SERVICES FOR THE CONSTRUCTION OF THE SCANLON GYMNASIUM COMPLEX IN MERCER PARK. WHEREAS, the City of Iowa City's Parks and Recreation Department recently completed a successful fund raising campaign to assist with the construction of a gymnasium addition to the Mercer Park Aquatic Center; and WHEREAS, the completion of said project will provide a much needed athletic complex to meet the community's demand for additional gymnasium space; and WHEREAS, an Agreement for professional architectural services has been negotiated with and executed by Neumann Monson PC Architects, of Iowa City, Iowa; and WHEREAS, the City Council has been advised and does believe it would be in the best interest of the City of Iowa City to execute and enter into said Agreement with Neumann Monson PC Architects. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement a copy of which is on file in the Clerk's office for and on behalf of the City of Iowa City, Iowa. Passed and approved this 7th A-i-r'E ST: CI~ CLERK day of Apri 1 ,1998. Approved by City Attorney's Office pa rksrec/res/scanlon2.doc Resolution No. 98-139 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: X X X X X X ,, X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef H E A M E R I C A NI N S T I T U T E0 F A R C H I T E C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION Tills DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; COATUL TA TION WITH ,4TTORNEY [5 ENCO(;RAGED WITH RESPECT TO ITS COMPLETIO.V OR MODIFICATION. AGREEMENT made as of the Nineteen Hundred and clay of it: ~.he year of BETWEEN the Owner: {,¥(O~le ~ltld ct~hlre$.~ City of iowa City Civic C~nter 410 East Washington Street iowa City, Iowa 52240 and the Architect: [ x~'(l~lL' ~zttd Neumann 5~Dnson PC ill East College Street Iowa CiTf, Iowa 52240 For the following Project: (D:(l;~,i~ ,-letctiA,d (i~'s~'rt/;tt~*~ Q.I Fro/col tOc~ttir.z arhlre~ and sc.pe ) Mercer P~k A~aatic Cent~ ~dition, iowa City, iowa Cons~ction ~c~,t, Bidding, ~ Cons~ction ~ninis~ation Phases The Or:her and Architect agree as set forth below. Copyright 1917. 1926, 19.i8, 15151, !953. IOZ'8. 1961, Iq63, I')~.,(>, 1!.'6-', 1970, 1974, 19w-. ~ 1')~-by The American Inatitutc ~>f Architects, 1735 New York Avenue, N.W , Washington, D C. 20000. Reproduction of tLc material herein or substantial quotation of ~ts pr(~visi(ms without wrtttcn pcrm,ssiou t)f the ~A ~iotams the copyrtght la~ .~frhc l'nitcd States and ~ill bc subicct to legal prosccutt()n. AIA 1.3,OCUMENT B141 · OWNER-ARCHITECT hGREEMENT ', FOUR'I EEN'I'~t EI)i'FIL)N * AIA® * (g51987 'i}lF \MERICAN INS, TITI'TE ()F ARCtlITE(TFS. I~,'~ NEW 5 B141-1987 WARNING: Uolice~sed photocopying violates U S. copyright laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultmats as enumerated in Articles 2 and 3 of this Agreement and any other sen'ices included in Article 12. 1.1.2 The Architect's SelWices shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owne['s approval a schedule for the performance of the Architect's services which may be adjusted as the Proleer proceeds, and shall include allowances lbr periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not. except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other scp,'ices identified in Article 12 as part of Basic Serx, ices, and include normal struc- mr:d, mechanical and electrical engineering services. 2;2- $CIIEMATIC DESIGN PHASE 2.2:'1, The Architect shall review the program furnished b to ascertain the requirements of the Proiect arrive mutual understanding of such requirement the Owner 2.2,2 The tect shall provide a preliminto of the Owner's r:un, schedule and cot budget requirements, terms of the diner ect to the limita- tions set forth in '~b 52.1. 2.2.3 The Architect approaches to ticsign and 2.2.4 Based on the mutuall and constructioc~ budget prepare, for approval b meats consisting of the scale and and of Project the Owner .alternative of the Project. program, schedule ~"nts, the Architect shall thematic Design Docu- :ocuments illustrating )neats. 2.2.5 The shall submit to the a preliminary estimate of C, Cost based on current ~, volume or other unit 2.3 DEVELOPMENT PHASE 2..' Based on the approved Schematic Design Docum"~ts any adjustments authorized by the Owner in the progran"~ tb~or construction budget, the Architect shall pre_.p_..,~r~, 'ak.~by the Owner, Design Development~.JNo-t"dments consisting ?- c..~:41~an,.d other documen~x an~ describe the size a d h *t ~ P~oj~o~~c~itectt~ral, stmc- turM, me h ~ d~e~~~, m te~i~ and such other e~m~b~~c ~pmprNt~ 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Docu- ments and any further adjtkstments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract. and the fi>rm of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Arciaitect shall .tssist the Owner in connection with the Owner's responsibility for filing documents required for the qpproval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall ass;st the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for constructic, n. 2.6 CONSTRUCTION PHASE--ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The ,\rchitect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and termi n;ites at the earlier of the issuance to tile Ow'ncr of the final Certificate Rot Pavment or 6.0 days after the dam of .5ub5, t:ti~, tial Completion of the \X',~rk 2.B.2 The Architect shall provide administration of the Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.~.3 Duties, responsibilities and limitations of authority of the Architect shall not bc restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. AIA DOCUMENT 8141 · OWNER-ARCttlTECT AGREEMENT · FOUR'FEENTt{ EDITION * AIA~ * ~1987 THE AMERICAN INSTITIJTE OF ARCItITECTS. l"~,q NEW YORK AVENUE. NW, ',.VASHIN(;TON, De. 20006 B141-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 2.6.4 I'he ,.\rchm.:ct shah bca representative of and ~hall advise :red c~n~uh w~tl~ the ()wncr (l)during construction until final i~,i~ n~cnt I<~ the Contractor is clue, and (2) as an Additional Scr- x'wc :n the ()wncr's dirccti()n from time to time during the cor- I"Ct'IKHI pCllOd described in the Contract [or (~o115t~ctJ()R. The Architect M~ail have aud~ority It) act on behalf of the Owner ~mlv t() the extent provided in this Agreement unle.% othervise mt~dificd by written instrument 2.fi.5 'l'hc Arclmcc~ shall visit the site at intervals appropmtc [o the stage of construction or ~ otherwise agre~ by the ()xvnc~ and Architect in writing to become gcncr~ly familiar with the progress and quahty of the Work completed and to deter:mac m general if the Work is being pcrformcd in a man- nc~ indicating that the Work when completed will ~ in accof elanco with the Contract Documents. However, the Architect qh:dl n(~[ let required to make exhaustive or continuom on-site i~hpc'ctions to check the quality or quantity of the Work. On the basis ()f on-she observations as an architect, the Mchitect shall keel, the Owner infomqcd t)~ the progress md quality of the Work, and shall endeavor to guard the Owner against clctcc[~ .uM dcficictlcies in the Work. (More ext~ive site rtTn'c'scltlc~ttt~H mrO' be agreed to as an Additional ~,ice, as 2.6.6 The Architect shall m)r have control over or charge of and qa.d] r~ot be responsible lot construction mc~a~, methods, tcchmqucs, scqumlces or pr()ccdurcs, or for safety precautions :red prt~grams in connection with [he Work, since these arc solely the CuntFactor $ responsibility under the Contract for (~t~st~-uctK~n The Ard~itcct shall nor be responsible for the r '~ ,taractor's schedules or failure to car~ o[ ~ the Work in accor- [Lmcc with uac Contract Documents. The ~-chitcct sh:fil not h:~x c: o nvro[ over ,.)r charge of acts or omissions of tile Conrrac- tt)r 5ubct.q2tractt)rb. or their :lgcBts or employees. or of any o~hcr per>ohs petri)fining portions of the Work. 2.6.7 'I'hc ~xrch~tcct shall at all times have access to the Work '~k'~/t'ICL't'I I1 ~q I1~ [hFcp'ir:l[i('H) ()r pr,)gress 2.fi.8 Except a', ma~ otherwise bc provided in the Contract [)t Jk UlllClltq ()[ kvhCi3 dil'cc[ cc,mn]unications have been spe- c~atlv autho[ izod. t~c' ()whet and Co~tructor shnll communicate tl'tr,~gh the Architect Communications by and with the Archi- [Ct'i'h C( )1/hLiJ[aD[$ shall be dw(~ugh the Architect 2.6.9 [~ascd ()n the Architect's observations and cvMuations of the error:actor's Apphcations for PaStacat, the Mchitect shall review and certify the amounts due the Contractor. 2.fi.10 ']hc Architect's certification for paymere sEMI consti- tute a representation to the Owner, based on the .~chitCCl'S ,-~bszrvati~ms at the site as provided in Subparagrapff 2.6.5 ~r~ the data comprising the C(mtractor's Application for Pay- ment, that. to the best oaf the Architect's knowledge, informa- ti()n and bchcf, the klbrk has progressed to the point indicated arid the quality of X~brk is in accordance with the Contract [)()cunlcpt8. 'I'Ve foregoing reprcscntations are sub}ect to an twaluation of the Work for con/brmancc with the Contract Documents upon Substantial Completion, to rcsul~ of subse- quent tests and ins'0ections, to minor dcviations from the Con- tract I)t)cumcnts correctable prior to completion ~d to spe- cific qualifications expressed by the Architect. The i&qu~cc of a (;crtificatc for Payment shall further constitute a representation that the Contractor is entitled to payment in the :~ount certi- fied [t()wc~cr, the issuance of a Certificate for Payment shall n(,t hc a representation that the Architect has (I) made c~aus- rive t~r continuous on-site inspections to check the quality or 3 B141-1987 titiantit?' ~>l' the Work, (2) rc,,'tc,.x c'd ,.'~ HIM I'LIG[IOll illcans, 111cth- otis. techniques, sequences t)r procedures, (3) reviewed copies ()f rccluisiti(ms received from Subct)ntr:tclors and material sup- pliers and other data requested by the Owner to substantiate lhc Contractor's right to payment or (4) ascertained how or tbr wt~at purpose the Contractor has used nloncy prcviously paid on accounl ()f the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to tile Contract Documents. Whenever the Architect considers it ncccssa~' or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require addimmal inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whcther or not such Work is fabricated, inst~Icd or ct)mpleted. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give risc to a duty or responsibility of the Architect to the Contractor. Subcontractors, material and equipment suppliers, their agoras or cmpl~)yccs or t)ther per- sons performing portions (,f the W()rk 2.~.12 The Architect shalI rcvxcw an0 approve or take other appropriate action upon Contractor's qubmittals such ~ Shop Drawings, Product Data al-td b:m]plcs, but only for the limited purpose of checking for conformance with information given and the dcsi~ concept expressed in the Contract Documents The Architect's action shalt Dc taken with such rc:tsonablc prc>mpmcss ~ to cause no delay in the Work or in the con struction of the Owt~cr or ()I' separate contractors, while allow- inc sufficient time in the Archacct's professional judecat to permit adequate review. Review of such submitres is not con- ducrcd for the purpose of determining the accuracy mad com- pleteness of other details such ms dimensions and quantities or for suhstantiating instructions for inst~lation or performance of equipment or systems ticsigned by the Contractor, all of which rcmain the responsibility of the Contractor to the extent rcquircd by the Contract Documents. The Architect's review shall not constitute approval of safety procautiones or, unless otherwise specifically stared by the Architect, of construction means, methods. technique>. sequences or procedures. The Architect's approv~ of a spccillc item shall r, ot indicate approval of ~ assembly of whidq the item is a co:nponent. When profession~ certification of pertDrmance characteristics of materials, systems or equipment is required by the Contract Documents, the ~chitect sh~l I>c entitled to rd7 upon such certification to establish that t~c materials, systems (at ~quip- mcnt will meet the performar. ce criteria required hv the Con- tract Documents. 2.$.13 The Architect shall Vrcpare Change Orders and Con struction Change Directives. with supporting documentation and data if deemed necessap.' by the Architect zq provided in Subparagraphs 5.1.I and 3.3.3. for the Owner's approv~ ~d execution in accordance with the Contract Documents, ~d may authorize minor ch~gcs in the Work not involving ~ adjustment in the Contract Sum or an extension of the Contract 'rime which are not inconsistent with the intent of the Contract Documents. 2.~.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the dam of final completion, sh~l receive and forward to the Owner for the Owner's review and record.> written warranties and related documents required by the Contract Documents ~d :tsscm- bled by the Contractor, and shall issue a final Certificate t~r Pay- mcnt upon compliance xxith the rcqmrcmcnts of the Contract Documents AIA DOC~JMENT B141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION" AIA* · ~1r)87 THE AMERICAN INSTITUTE OF ARCHITECTS, 17~,5 NEW YORK AVENUE, NW, WASHINGTON. D WARNING: Unlicensed photocop-~ing violates U S. copyright laws and is subject to legat ~rosecution. 2.6.15 The Architect shall intcq)ret and decide matters con- coming performance of the Owner and Contractor under the requirements of the Contract l)ocuments on wriit(.n'l request ot' either tbc Ov,,ncr or Ct)ntractor. ]'he Architect's response to such requests shall bc maclc with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall bc in writing or in the form of drawings. When making such interpretations and initial deci- sions, the Architect shall endeavor to secure faithful perfor mancc by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.§.17 The Architect's decisions on matters relating to aesthe- tic effect sh~l be final if consistent with the intent expressed in the Contract Documents 2.t3.10 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work :is provided in the Contract Documents. 2.B.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner .and Ccmtractor, except ik:r those relating to aesthetic effect as pro- ,.tided in Subparagr.q)h 2.o 17, shall bc subject to arbitration .°s pro,.'idcd in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included m Ba.sic Services unless so identified in Article 12, and they shall bc paid lbr by the Owner as provided in this Agreement, in addition to the compensation for Basic Servicm. '[he services described under Paragraphs 5.2 and 3.4 shah only be provided if authorized or confirmed in writi~_g by the Owner. If services described under Contingent Additional Services in Paragraph ~,~, :ire required duc to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services. If the Owner deems that such services described under Paragraph 53 are not required, the Owner shall give prompt written notice to the Architec~ If the Owner indicates in writing that all or part of such Cop. tingent Addi- dOla:,.l Services are not required, the Architect sEaii have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If rnorc extensive representation at the site than is described in Subparagraph 2.6.5 is required, the _M'chitcct shall provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected. employed and directed by the ArchireeL and the Architect sffall be COlapen- sated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authorit.',' of Project Representatives shall be as described in the edition of AIA Document B352 current .is of the dam of this A~-eemcnt, unless otherwise agreed 3.2.3 Through the ohscrvations by such Project P, eprcscn- tatives. the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere m this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary By adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a tintely manner. 3.3.2 Providing ser¥iccs required because of signific,-mt changes in the Project including, but not limited to, size. qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. a.3.a Preparing Drawings. Specifications and other documen- tation and supporting data. evaluating Contractor's proposals, and providing other sctwiccs in connection with Change Orders and Construction Change Directives. 3.3.4 Providing scr,'iccs in connection with evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications mad other documentation resulting therefrom. 3.3.5 Providing consuhat;on concerning replacement of Work d::unaged by fire or other cause during constructlop. and nishing services required in connection with the replacement of such Work. 3.3.6 Providing sea, ices made necessa~ by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by frolure of performance of either the Owner or Contractor under the Coratract for Construction. 3.3.7 Providing scp,,iccs m evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. a.a.s Providing services :n connection with a public hearing, arbitration proceeding or Ieg~ proceeding except where the Architect is party therot,0. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing se~'iccs m connection with bidding, negotia- tion or construction prior to the completion of the Construe tion Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analvses of thc Owner's needs and progrvwn- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studie.~ 3.4.3 Providing planning sucveys, site evaluations or corn paralive studies of pros?ctive sites. AIA DOCUMENT B141 * OWNER-ARCIflTECT AGREEMENT "' FOURTEENTH EDITION "' AIA® * © 1987 I'ttE AMERICAN INS'I'ITUTE OF ARCHITECTS, 1735 NEW YORK AVENLIE, N.W, WAStIINGTON, DC. B141-1987 4 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 3.4.4 Providing special surveys. cnvironmcnlal studies and sulkmissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future tt~cilitics. systems and equipment 3.4.6 Providing services to investigate existing conditions or facilities ~r to make me;toured drnwings thereof a.4.7 Providing services to vetJib' the acedracy of drawings or other inforotation ~rnishcd by the Owner. 3.4.8 Providing coordmanon of construction performed by separate contractors or by the Owner's own [()rues ~d coordi- BatK)n of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing sc~'ices in connection with the work era con- struction manager or separate consuhants retained by the Owner 3.4.10 Providing detailed estimates of Construction Cost 3.4.11 Providing derruled quantity smwcvs or inventories of material, equipment and labor. 3.4.12 Providing amdvses cff owning and operating costs. 3.4.13 Providing interior design and other simil~ se~qces required fi~r or uq connection with tiqc selection, procurement or inst~laii(m of furniture. furnishings and related equipment. 3.4.14 Prt)v~ding services ff)~ planning tenant or rental spaces. 3.4. t5 M:~mg Uw(~stigations. inventories of mamd~ or equi~ mont. or v:duatio~s ~d der:died nppr:~s of cy~tg~g fac~ties. 3.4.16 Preparing a set of reproducible reco,'d drawings show- ing significant ch~qgc~ in the Work made during construction b~scd on marked-up prints, drawings and other data &~rnished by the (-5)nlraclot 1() the Art'hitter. 3.4.17 Providing :resistance m the utJliT~tion of equipment or systems >uch as testing, adju:¢ting and balancing, preparation of operation and mainrcnano2 n,anuals. training per~nncl for ¢}pcratio~; and mai~teoaBcc, and crmsultation during operation. 3.4.18 Prt~viding sc~'ices after issuance to the Owner of the final Certificate fo~ Paymeal. or in the absence of a fin~ Cer- tiffcate t'<>r Payment, more than oO days after the t~te of Sub- stantial Completion of the 3.4.1~ Providing >c~'ico5 of consuhants for other than archi- tcctur:d. structural, mechanical and electrical engineering rions of tiao Project prowideal :m a part of Basic Scp.'ices. 3.4.20 Providing any t;thcr sea'ices not otherwise :ncludcd in this Agreement or not customarilv furnished :n accordance with generally accepted archm:cturul practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.2 The Ov,,ncr shall estahlish and tq*tlate an ~)vcrall hurlget tbc Project, including the Construction tMsl, the Owner's other costs and re;tsonablc contingencies related to all of these costs. 4.3 If requested by the Architect. the ()wncr shall furnish evi- dence that financial arrangements have been made to tifffill the Owner's obligations under this Agreement. 4.4 The Owner sh~l designale a representative authorized to act on the Owner's behalf with respect to the Pro~cct. The Owner or such authorized representative shall render decisions in a t~ely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequenti~ progress of the Architect's services. 4.~ The Owner shall ~rnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades ~d hnes of streets, alleys, pavements ~d adjoining property md structures; adjacent drainage; rights-of-way, restrictions, e~ements, encroachments, zoning, deed restric- tions. boundaries and contours of the site; locations, dimen~ stoas and necessau' data pertaining to existing buildings, other improvements ~d trees; and information concerning avmlablc utility settees and lines, both public and private, above below grade. including inverts and depths. All the inlbrmation on the survey shall bc referenced to a Project benchmark. 4.fi The Owner shall furnish the sc~'~ccs of geotechnic:d engi- neers when such services are requested by the .~chitect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, peruelation tests, evaluations of haairdous materials, ground corrosion and rcsis- tMty tests, including neeessa0' operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.~.1 The Owner shall h~mish the sc~qces of other consul- tan~s when such services are r~asonably required by the see>pc of the Project and arc requested bv the Architect. 4.7 The Owner shall furnish structural, mechanic~, chemical, air and water pollution tests. tests for hazardous materials, antl other laboratory and cn,'h',mmcntal tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furrash all legal, accounting ~ad insurance counseling services :ks may be nccessa~- at any time for the Project, including auditing se~'~ces the Owner may require verify the Contractoffs Applications for Payment or to ascert:nn how or for what purposes the C,mtractor hms used the prod by t>r on heNall of the Owner 4.9 The services, information, su~'cys and reports required by Paragraphs 4.5 through 4.8 shall be ~rnished at the Owner's expcnsc, and the Architect shall be cntided to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of ~y fault or defect the Project or nonc(m[ormance with the Contract Docmncnts 4.1 The Owner sh:dl provide full information regarding requirements for the Proiect, including a program which sh:dl set forth the Owner's objectives, schedule, constraints and cri- teria, inchKhng space requirements and relationships, flexi- bility, expandability. special equipment, systems and site requirements 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approv:d at le:Lqt 14 clays prior to execution. The Owner ~hall not request certifica- tions that would require knowledge or services beyond the scope of this Agreement. 5 B141-1987 AIA OOClJMENT B141 · OWNER-ARCIIITECT AGREEMENT · FOURTEENTH EDITION TIlE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK \VENUE. N \',;. 'VASHINGTON WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the tot',d cost or esti- mated cost to the Owner of at! clements of the Project designeel or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of htbor and materials furnished by the Owner and equipment designed. spccifiecl, selected or specially provided for by the Architect. plus a reasonable -allowance for the Con- tractor's overhead and profit In addition, a reasonable allow- anco for contingencies shall be included for market conditions at the time of bidding ,and for changes in the Work during coast ructiol'~ 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminau,' estinmtes of Construction Cost and detailed estanates of Con- struction Cost, if any, prepared by the Archi{ect, represent the Architect's best judgment as a design professional familiar with the construction industr-,'. It us recognized, however. that net- thor the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warraat or represent that bids or negotiated prices will not vaD' from the Owner's Project budget or from any estinqate or' Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed timit of Construction Cost shall be ~tablished as a condition of titis Agreement by the furnishing. proposal or establishment of a Project budget, unless such fixed limit h:ks been agreed upon in wriung and signed by the parties hereto. If such a fixed limit h;~s been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equiFmcnt, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adiustmcnts in the scope ot the Project and to include in the Contract Docu- ments .alternate bids to adjust the Construction Cost ;o the fixed limit. Fixed limits, if any, shall be tncrc:~scd in the remount of an increde in the Contract Sum occurring after cxecction of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fLxed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the :owest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of ;he Project within a reasonable time: .3 if the I)rojcct is abandoned, terminate in accordance with Paragraph 8.3; or .4 cooper:tic in rO-r~sing the Project scope and quality as required to rcduce the Construction Cost. ~.2.~ If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge, shall modi~ the Con- tract Documents as necessary to comply with the fixed limit. if established ~ a condition of this Agreement. The modification of Contract Documents shall bc the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Mchitect shall bc entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Ph:kse is commenced ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Proiect and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, qpecifications or other documents shall not be used by the Owner or others on other projects, for additions to thi~ Project or for con¥:letien of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Subrnission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's r,cser,'ed rights ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the p,Trties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- tration in accordance with the Construction IndustO' Arbitra- tion Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. ?.2 Demand for arbitration shall bc filed in writing with the other party to this Agreement and with the American Arbitra- tion Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date v-hen institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of Limitations. ?.~ No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, an additional person or entity not a party to this Agreement, AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT * FOURTEENTH EDITION · AIA® * ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C WARNING: Unlicensed photoco~fing violates U.S. copyright laws and is subject to legal prosecution. B141-1987 6 except I)5' wnucn consent containing a specific reference to this Agreemere s~ncd bv t~e Owner, Architect. and my other person or cnlilv sought to he joined. Consent Io arbitration invoMng :m additional person or entity shall nol constitute consmat to arbitration of any claim, dispart or other matter in ' question not described m the written consent or with a person or cnmy not named or described thereto. The foregong agree- nlcn[ Io arbitrate and other agreements to arbitrate with m additional person or entity duly consented to by the panics to th~s Agrccmcm shall bc specifically enforceable in accordrace with applicable law in any court having jurisdiction ~ereof. 7.4 The award rendered by the arbitrator or arbitrato~ sh~l be final, and juclgmcm may be entered upon it in accor~nce wit~ applic:d)tc law in any court having jurisdiction ther~f. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be tcmainated by either party upon n( ,t less than seven days' written notice should the other party fail substantially to perform in accordance with t~c te~s of this Agreement throu~ no fault of ~c pa~y ~it;~g the t~afion. 8.2 If the Project is suspended by the Owner for more thin 30 consecutive days, the Architect sh~l be compensated for ser- vices pcrfomqcd prior to notice of such suspension. When the Pro}cot is resumed, the Architect's compensation sh~ be equi- tabl)' odk:sted to provide for expenses incurred in the interrup- tion :red rgsumption of the .~chitect's se~ices. 8.3 This Agreement may be terminated by the Owner upon not k:ss than seven days' written notice to the ,~chitect ~ the event that the Project is permmently abecloned. If the Project is abandoned by the Owner for more th~ 90 consecutive days, the Architect may terminate this Agreement by giv~g written notice 8.4 Failure of INc Owner to make payments to the Architect in accordance with this Agreement shall be considered substanual lq~)npcrf~)flllancc :tn~ cnuse for termination. 8.5 If the Owner fails to make payment when ~ue the Archi- tcct for services ~d expenses, the Architect may. upon seven days~ written r~oticc to the Owner, suspend pertbrmznce of ser- vices under t~s Agreement. Unless payment in ~11 m received by t~e Architect within seven days of the ~ate of the notice, the suspension shall take effect without ~rthcr notice. In the event of a suspension of se~ices, the Architect shall have no liability to the Owner for delay or damage caused t~c Ow~ter because of such suspension of services. 8.~ In the event of termination not the fault of tee Architect, the Architect shall be compensated for services perle?reed prior to termination, together with Reimbursable Expcnsm then due and ~dl Termination Expends a:; defined in P2rngmph 87. BT~i~~itiination Expenses are in addition to comp~sauo~ on~ Sea'ices, and include cxpcnses~h are directly attri~ to termination. Terminati~nses sh~l be coif p~t~ ~entage of the tc~n~ t~ for B~'c ~ ~d~ ~ ~~~o the ~ime of ter- mi~ti~ ~ ~ows: \d, dit~rvices carned ti, ~ mt~'~~x,~>,/for B~ic and ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided. this Agreement shall be gov- erned by the law of the principal [)lace of business of the Architect 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current ,'cs of the date of this Agreement. p;rta. i~,.t~/scs71 tac. n ~etscr~ec a orl.~ot ~u~. sS,, ~ anhtS ~.~l ~oO2:f action bct,voen the parties to thi, Agree_.~.~m;rt 'allures to act shall be dcc~La.md"Fo have plecon fo act-orfa~ r~ ~ ~u~( tl a' ()-?Cr-~gi~ri ro to Substantial Co n 1 t~o~date of is us n~ ta'cc or-,, tl~,lk.~e' rtificate for Paym stantial 9.4 -['he Owner and Architect waive all rights against each other and against the contractors, consuhants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during co 'tstmction, except such rights a.s they may have to the procreeLs of such insurance as set lbrth in the edition of AIA Document A2U 1, General Conditions of the Contract for Construction, current a_s of the date of this Agreement. The Owner and :',,rchitect each shall require similar waivers from their contractors. consultants and agents. ~.~ The Owner and Architect, respectively. bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement Neither Owner nor Architect >halt assign this Agreeinept without the written con- sent :)f the other. ~.6 This Agreement represents the entire ;red integrated agree- merit bctv.'een the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 0.7 Nothing comained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asl2~qtos, asbestos products, polydzlorinated biphenyl (PCB) or other to~c substances. 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The .Krchitect', materials sh:dl not include the Oxvner's confidential or proprietary information if the Owner has previously advised the Architect in writing of AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT ~, FOURTEENTH EDITION ° AIA® · 01987 7 B141-1987 Ttlf.: AMERIC.~.N INSTITUTE OF ARCIIITECTS, I 735 NEW YORK AVENUE, N W, WASHINGTON, DC. 20006 WARNING: Unlicensed ohotococ-ying violates U.S. copyright law1 and is subject to legal prosecution. the specific information considered by the Owner to be confi- dcfltial or proprtetary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motion:tl materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct s~arics of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits re!ated thereto, such as employment taxes and other statutory employer: benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa- tion for B:tc, ic axed Aclditional Services and include expenses incurred bv tile Architect and Architect's employees and con- sult:~nts in the interest of the Project, as identified in the follow- ing Clauses 10.2.1.1 Expense of transportation in connection with the Pr,,qcct; expenses in connectiotq with at:ti~orized out-of-town travel; long-distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Or:net. expense of overtime ,.york requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock-ups requested bv the ()v,'ncr 10.2.1.5 Ext?ensc of additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the .k-cOllect and Architect's consuItant5. '1-O-~-~1,6 Expen,~ of cornpurer aide6 design and drafting t:_quipment time when u:;cd in connection with tee Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment :cs set forth in Paragraph l 1 .l is the minimum payment under this Agreement 10.3.2 Subsequent paymcnts for Basic Services shall bc madc monthly and, where applicable, shall bc in proportion to ser vices performed xvithin each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the addirk)hal period of time shall be computed in the manner set tbrth in Subparagraptl 11.3.2. 10.3.4 Whe~ compensauon is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accerdance with the schedule set forth in Subparagraph t 1.2 2, based on (l) the lowest bona fide bid or negotiated proposal. or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such per tiens of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of tile Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's conl- pensation on account of penalty. liquidatcd damages or other sums withheld from payrnents to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per raining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- able to the Owner or the Owner's authorized representative at mutually convenient times ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect a,s follows: 11.1 AN INITIAL PAYMENT of zero Dollars ($ 0 sh:dl be made upon execution of this Agreetnent -and credited to the Owner's account at £mal payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BAS,re SERVICES, as described in .M'tlcle 2, and any other services included in :M'ticle 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert Oasis (,f compensatton. includirtg s;tpulated sum5 m:~3tiples or percentage3. and idealtry pba.ses to wt2tch partzctdar mc!ho~ls ,;j c ompt,nsatiott app(V. neces$art' ) FLxed Fee DE $74,025.00 AIA DOCUMENT B141 · OWNER-ARCttlTECT AGREEMENT · FOURTEENTH EDITION. AIA* · ©1987 Tt IE AMERICAN INSTI'r~ ;'1 E OF ARCHITECTS. 1735 NEW Y£TRK AVENUE, NW, WASt I[NGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. B141-1987 8 11.2.2 Where conq>cnsanon is based on a stipulated sum or percentage of Construction Cost, progress payments for B:tsic Services in each phase shall total the following percentages of the total Basic COmlYensation payable: (1~15('r~ ctdd~tto~tal [Ihases rig a/~propriate ) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES fifteen percent ( 15 %) Udenty percent (20 %) ' forty percent (40 %) five percent ( 5 %) twenty percent (20 %) one hundred percent (100%) 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall bc COln- putcd as follows: Time and material basis p~r Schedule of Hourly Rates (enclosed). 11.3.2 FOR ADDITiONAI. SERV!CES OF THE ARCHITECT, as described in Articles 3 and 12, other than(1) Additional Project Reprcsenratiou, as described in Paragraph 3 2, and (2) services included in Article 12 as part of Basic Services, but excluding services <)f o>n~,ultants. compensation shall be computed as follows: em/)hiFeex t/ r~.qittrc,d frl,'ntOq: xpcc:fic s~,:'t tce~ to wb~cl) p~r:~cular methods of compensatio. al~pO: tf uec,.s.~arF t Time and material basis per Schedule of Hourly Rates (enclosed). 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, h~cluding additional structural, mechanical and electrical engineering services ~md those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additiomd Services, a multiplc of orle & one tenth ( 1.10 ) times the amounts billed to the Architect for such services (ldentqy v[)eoftc types of consultaais m Article 12. t/ required. 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, :rs described in Paragraph 10.2, and any other items included in Article 12 as Rcinabursablc Expenses, a multiple of one & one tenth ( 1.10 ) times the expenses incurred by the Architect, the Architect's. employees md consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF ]'HE BASIC SERVICES covered by this Agreement have not been completed within twenty-four ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments'are due and payable fift~__h'l ( 15 ) days from the date of the .&rchitect's invoice. ( 30 ) days after the invoice date shall bear interest at the rate entered below, or Amounts unpaid thirt~e prevailing from time to time at the principal place of business of the Architect. in the absence thereof at the legal rate (Insert rate o/interest agreed upon ) Iect's prinopal £daces of business. the localton of the Project .znd elsewhere may affect the t'alich't). of this pro{,isiou 5/x~cq~c Itsgal ,;dr'ice shetold Oe oOtaHted u,ttb 9 B141-1987 AIA DOCUMENT B141 · OWNER-ARCHI'FECT AGREEMENT · FOURTEENTII EDITION ' AIA® ' ~©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N x.-¢. WASHIN(;TON, D C 20000 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. 12.1 12.2 ARTICLE 12 OTHER CONDITIONS OR SERVICES This project will be built by a single prime contractor without the services of a Construction Manager. The Architect shall not engage in any of the following employment practices: 1. Refuse to hire or discharge any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity or disability. 2. Discriminate against individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, gender identity or disability. This Agreement entered into as follows: CONSTRUCTION DOCUMENT PHASE, BIDDING PHASE, AND CONSTRUCTION ADMINISTRATION PHASE Date: Owner Signature B141-1987 10 SCHEDULE OF HOURLY RATES 1998 NEUMANN MONSON P.C. IOWA CITY, IOWA Various personnel of the firm have been classified according to experience and technical training, and the following schedule of charges for services will apply for all work performed during 1998. For the work undertaken in subsequent years, this schedule may be negotiated upward as a direct result of salary escalation. SERVICES Classification Clerical I Clerical II Clerical Ill Drafter I Drafter II Drafter III CAD Operator I CAD Operator II CAD Operator III Technical Staff Project Manager I Project Manager H Project Manager III Director of Interior Design Architect I Architect 1I Architect III Associate I Associate II Associate III Principal I Principal II Hourly Rate $25.00 $3O.OO $35.00 $25.00 30.00 32.00 36.00 42.00 46.00 40.00 38.00 42.00 48.00 48.O0 50.00 58.00 60.00 64.00 68.00 74.00 85.00 100.00