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HomeMy WebLinkAbout1996-07-02 ResolutionPrepared by: Charles Schmadeke, Director of Public Works, 410 E. Washington St., iowa City, IA 52240; 319-356-5141 RESOLUTION NO. 96-188 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WELL HOUSE IMPROVEMENTS PROJECT IN CONNECTION WITH THE WATER SUPPLY AND TREATMENT FACILITIES PROJECT, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OFTHE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 16th day of July, 1996, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. e The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 2nd day of ,.luly ,1996. ATTEST: ~ ~. CITY~;LERK MAYOR ii.....pproved by ,,__ / (J'ty Attorneys Office Resolution No. 96-188 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Revised 7/1/96 Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 96-189 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 be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Seaton's Market - 1331Muscatine Avenue QuikTrip #548 - 955 Mormon Trek Boulevard Sinclair #14025 2153 ACT Circle Passed and approved this 2rid day of Jul y , 1996. Approved by City Attorney's Office It was moved by Lehman and seconded by be adopted, and upon roll call there were: Nortnn the Resolution AYES: NAYS: ABSENT: X . Baker Kubby Lehman . Norton Novick Thornberry , Vanderhoef Prepared by Marian K. Karr, City Clerk, 4.10 E. Washington St., Iowa City, IA 5224.0 (319) 356-5041 RESOLUTION NO. )LUTION TO ISSUE CIGARETTE PEF WHEREAS, the following required by law for the sale and persons have made therefore and paid the mulct tax BE IT RESOLVED BY THE granted and the City Clerk be named persons and firms to sell COUNCIL OF IOWA is hereby irettes: IOWA, that the app!ications be to issue a permit to the following Seaton's Market - ine Avenue QuikTrip #548 - 95 )mort Trek Boulevard Passed and approved this of ,1996. / A1-]'EST: / CITY CLERK / It was moved by / and seconded by be adopted, and,upon roll call there were: ,~,YES: NAYS: Approved by the Resolution )by lan '- Novick~ Thombe'~ry Vanderho'~ RESOLUTION NO. 96-190 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances· and having a valid beer, liquor, or wine license/permit, to wit: Holiday Inn 210 S. Dubuque Street Fraternal Order of Eagles - 225 Hwy. i South The Mill 120 E. Burlington Street Memories 928 Maiden Lane It was moved by Lehman and seconded by as read be adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X -I Passed and approved this 2nd day of Jul y that the Resolution Baker Kubby Lehman Norton Novick Thornberry Vanderhoef · 1996 ATTEST:ciT~LERK '~' Approved by i~ty ~orney's Office \danceprm.res Prepared by: Liz Osborne. Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (31 9) 356-5246 RESOLUTION NO. 96-191 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRST NATIONAL BANK FOR PROPERTY LOCATED AT 1612 EAST COURT STREET, IOWA CI3~f, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain Rehabilitation Agree- ment, Promissory Note, Mortgage and Statement of Life Lien executed by the owner of 1612 East Court Street on August 26, 1992, and recorded in Book 1430, Pages 222 thru 231 in the Johnson County Recorder's Office covering the following described real estate: Lot 6 in Block 2, in College Court Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 124, Plat Records of Johnson County, Iowa. WHEREAS, the City's lien totals $7,450.00; and WHEREAS, First National Bank, Iowa City, Iowa proposes to loan the owner of 1 612 East Court Street the sum of $78,000 on a Promissory Note to be secured by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the rehabilitation loans held by the City be subordinated to the lien of the proposed mortgage in order to induce First National Bank to make such a loan; and WHEREAS, First National 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 First National 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 First National Bank, Iowa City, Iowa. Passed and approved this CITY'CLERK 2nd dayof July ,1996. Ap~oved by ~ City Attorney's Office Resolution No. 96-191 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and nnA~ ~'~A~'r?,~fl)RIIBI~. AND KI~i'H A., S~.O'£~ t~'IIL~T lt~TIONAL B~I~K, IOWI c,~rein ~he Financial Instit~'tlon. of WHEREAS, the City is the owner and holder of a certain rehabilitation loan which at this time is in the amount of $7,450.00 and was executed by I~ARV ,Io Llig _ (herein the Owner), dated AUra]ST 26 , 19 92 . recorded SEP~I,~Iill 10, __, 199_~2, in Book't?..?.~°_% Pag~2?_~..~.~ and in Book Page ,, , Johnson County Recorder's Office, covering the following-described real property: LOT 6 IN BLOCK 2, IN COI.I.F. GE COURT ADDITION TO IOWA CI!P~i', IOWA, ACCORDING TO i'lil~ PLAT '£1iI~P, EOF RECORDgD IN BOOK 2, PAGg 124, PLAT RECORDS OF JOHI~ISON COUNTY, IOWA. WHEREAS, the Financial Institution proposes to loan the sum of $ 78.01~0.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property descn~,d above; and WHEREAS, to induce the anancial Institution to make such loan, it is necessary that the rehabilitation loan 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 pa~es hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that ~e above noted rehabilita~Jon loan held by the C~ is and shall continue to be subject and Subordinate to the lien of the mortgage about to be made by the Financial Institution. Coraidarafio~t. The C.4-ty acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable c~nslderation for its act of subordination herein, JUN-21-gG 08~42 FROM,City o£ IOWA CITY ID:3183SGS888 SUBORDINATION AGREEMENT Page 3 On this_.~ day of ~ . A.D. 19 96 before me, the undersigned, a Notary Public in and-for the State of Iowa, perso--'"'--'~ally appeared rd~a"~ A. S~SO~m~ and DUit~g S*aZ~TZ~R~ to--e .... , . me personallvllnown, who being by me duly sworn, did say that they are t~e SFaIOR ].~rl)]31(; 0~i[;~ and '~C]g-PAI~S]~]~t'I~ respectively, of said corporation executing the ~thin and foregong instrument to which this is attached~ that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the sald qm,'-rn~ ~.~T~C. ni~iCliR and lrICl[ PR~SID]~fi~ as auch officers acknowledged the executio~ of s~id ins~ment to'be the voluntary act and deed of said corporation, by it and by them voluntarily executed. JAYNE R. $ANDLER 165002 My Cornmiss~)n Expires May li, 1998 SUBORDINATION AGREEMENT Page 2 Senior Mo~gage. The mortgage in favor of the Financial institution is hereby acknowledged as a lien superior to the rehabilitation loan of the City. Binding Effect, This agreement shall be binding upon and inure to the benefit of the respective helrs, legal represehtatives, successors, and assigns of the parties hereto. Dated this 24 ~ day of_ ~ _. 19 96 . CITY OF IOWA CITY A~est Mayor FINANCIAL INSTITUTION CITY'S ACKNOWLEDGEMENT STATE OF iOWA ) ) JOHNSON COUNTY ) On this ~ day of Notary Public in and 199~, before me, the undersigned, a the State of Iowa, personally appeared 'N~_~,~; J. 7~.r~..~ and Marian K. Karr, to me pemonal[y known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respe~vely, 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, $.s co~'~a;ned in (tgfdimm,~e) (Resolution) No, __~6 - P.assed (the Resolution adopted) by the City Courteft, under Roll C, aH NO. "-" '-- ' of the C.~rt]( Council. on .the 2' ~ day of O~u..~ , 19._~_./~__~ and that ./u~,~,,,~, J, ..'~. =,~;~.X<, and Marian K. ICan- acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarfiy executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. g6-192 RESOLUTION AUTHORIZING THE IV]AYOR TO SIGN AND CITY CLERK TO ATTEST THE EASEIV]ENT AGREEIVIENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY, AND LITTLE DONKEYS, INC. D/B/A AS PANCHERO'S FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Little Donkeys, Inc, d/b/a Panchero's applied for temporary use of the public right- of-way at 32 S. Clinton Street for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk care and found these to be in compliance with the regulations adopted by Ordinance 95-3676; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the Easement Agreement for Temporary Use of Public Right-of-Way (hereinafter "easement agreement") attached hereto. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said easement agreement, and direct copies of this resolution together with the application and signed easement agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and easement agreement with the Johnson County Recorder at City expense. Passed and approved this 2nd day of July , 1996. CITY CLERK MAYOR Approved by ~. ~ilJy Attorney s Office Resolution No. 96-192 Page 2 It was moved by ~ ehman and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RiGHT-OF-WAY BETWEEN THE CiTY OF IOWA CITY AND ,.~n,~ E:~ ~ I~* ~ ~,~. I~-~. FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT IOWA CITY, IOWA This Agreement is made between fl~_~,.~ ~ ~..,,~z.,,~ Bv,~..~ro,.., (landowner), and <L,~, ~. I~o,,,,~_~,~, /,,.,~- · (tenant), (collectively referred to as "Applicant") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the City of Iowa City is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the Design Review Committee, which recommended approval of the proposed sidewalk care, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: Applicant/Landowner /~z~,,~ ~ r..~,,~-~/, lg~/~-<~.~ owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: Applicant/tenant / /Tr~.~ r~,~,.~--~-~, h,~c.. occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. City staff and the Design Review Committee have reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests. Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's 3 temporary use of the public right*of-way as a sidewalk cafe in accordance with this Agreement, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purposes, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by § 364.12, Code of Iowa {1993), and that the Applicant shall not be entitled to any compensation should the City elect to do so. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk care in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk cafe is not operating. lO. In the event of a breach of this agreement, the City ~nay, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way, as provided in §364.12, Code of Iowa {1993). In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal to Applicant for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on the public right-of- way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (~.,~ no "2 for 1" or "happy hour" specials). Applicant also agrees to 5 be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza of abutting right-of-way as a result of set-up or removal of the sidewalk cafe furnishings or equipment and as noted in Exhibit A. 1:3. Dated this Z ~t~- day of Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. , CITY OF IOWA CITY, IOWA N~omi J~No/v'ick, Mayor App c)~ant'Frenant Attest: arian~, M City Clerk Applil,~ '7'/'j'"~----~ City ~Or.~ey's Office ~_~, ~_,~; Applicant/Landowner Applicant S APPLICANT/OWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~' day of ~ , 199~, befp~e,me, the under. s~gn~cl. a I~otary Public in and for the State/of Iowa, personally appeared (-Z/-Y'/~ to me personally known, and acknowledged the execution of the foregoing instrument to be/ his/her voluntary act and deed and b..~3jm/her voluntarily executed, Notary Pu/b3ic in and tot the ~a~e ~f mwa APPLICANT/TENANT'S ACKNOWLEDGEMENT STATE OF IOWA ) ) as: JOHNSON COUNTY ) On this __~' day of ~..~.~.( , A.D. 19c~, before, the undersigned, Notary Public in and for t~e'~tate of Iowa, personally appeared .~.~ ,~_~, and ~ , to me personally known, who, being by m~r~clu~y swan, did say that they are the LJ~c~ -.l~.~,~l~and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that {no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and 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. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~' day of ,..~,,.. , 1996- before me, ~ , a ~otary Public in and for the State of Iowa, personally appeared Naomi 3. Nov~ck - and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ¢~ -/~E_ passed by the 7 City Council on the ~7 ~ day of ~ ~,j , 1996, and that Naomi J.. Nov~ck and Marian K. Kerr acknowledged th~i/exeoution of the instrument to be their voluntary act and deed and the voluntary act and dead of the corporation, by it voluntarily executed, Notary Public in and for the State of Iowa Prepared by: Sarah E. Holecek, Asst. C~ty Atty.. 410 E. Washington St. iowa City, IA 319-356-5030 RESOLUTION NO. 96-193 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A STORMWATER MANAGEMENT EASEMENT AND ACCESS EASEMENT LOCATED ON LOT I OF THE RESUBDIVISION OF A PORTION OF GOVERNMENT LOT 4 IN SECTION t5, TOWNSHIP 79N, RANGE 6W, OF THE 5TH P,M,, IOWA CITY, IOWA, AND TO APPROVE AND EXECUTE A SUBSTITUTED STORMWATER MANAGEMENT AND ACCESS EASEMENT AGREEMENT FOR THE SAME PROPERTY WHEREAS, the City possesses a stormwater management easement and fifteen foot (15') access easement on Lot 1 of the Resubdivision of a Portion of Government Lot 4 of Section 15, Township 79N, Range 6W of the 5th P.M., Iowa City, Iowa (the new Contractor's Tool and Supply Site); and WHEREAS, the owner of the subject property, Boyd and Rummelhart, Inc., has constructed a new building in the subject property pursuant to an approved site plan which calls for a reconfigured stormwater management and access easement to accommodate the new construction; and WHEREAS, the owner requested the City release the existing stormwater management and access easements, said easements being granted undera Stormwater Management Easement Agreement dated August 9, 1988 and recorded in Book 1024, page 486, and said easement areas to be vacated and released being designated and legally described on the plat attached hereto as Exhibit "B" and incorporated by this reference; and WHEREAS, the owner has agreed to enter into a new, substituted Stormwater Management and Access Easement Agreement which is attached hereto and incorporated by reference herein, which substituted stormwater management basin and access easement is designated on the plat attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, Public Works has recommended the release of the existing stormwater management and access easement and has recommended the execution of a substituted stormwater management basin and access easement agreement to conform to the actual construction; and WHEREAS, it is in the public interest to release the existing stormwater management and access easement and to execute the new, substituted Stormwater Management and Access Easement Agreement for the subject property. Resolution No. 96-193 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the existing stormwater management and access easement and to execute the new, substituted Stormwater Management and Access Easement Agreement attached hereto, which is hereby approved as to form and content. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the Stormwater Management Basin and Access Easement described in Exhibit "B" attached hereto and incorporated by reference herein, and the mayor is hereby authorized to sign, and the City Clerk to attest, a release of said easement sufficient for recordation. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Substituted Stormwater Management and Access Easement Agreement. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached release and the attached Substituted Stormwater Management and Access Easement Agreement and their respective exhibits, said recording costs to be paid by Boyd and Rummelhart, Inc. It was moved by I ehman and seconded by be adopted, and upon roll call there were: horton the Resolution AYES: NAYS: ABSENT: X X X X X Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Passed and approved this ~nd day of ,lnly ,1996. A'I-FEST: CITY CLERK Prepared by. Sarah E. Holecek. Asst. City Att~.. 410 E. Washington St, Iowa Cid, IA 319-356-5030 SUBSTITUTED STORM WATER MANAGEMENT BASIN AND ACCESS EASEMENT AGREEMENT This Agreement is made by and between Boyd and Rummelhart, Inc., an Iowa corporation (hereinafter "Owner") and the City of Iowa City. Iowa, a municipal corporation (hereinafter "the City"). IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, easements for purposes of :,nstalling, operating and maintaining storm water control facilities and storage areas otherwise known as a Storm Water Management Basin and also a fifteen foot wide (15') right-of-way with right of ingress and egress thereto, over and across the areas designated as "Proposed Storm Water Management Easement" and "15' Access to Storm Water Basin" (hereinafter "easement areas") as shown on the proposed easement plat attached hereto as Exhibit "A", and incorporated herein by reference. The Owner further grants to the City the following dghts in connection with said easements: 1. The dght to grade said easement areas for the full width thereof, and the dght to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The dght from time to time to tdm, cut down and clear away all trees and brush on said easement areas and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said facilities, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, use or maintenance by the City or its agents or employees in the course of their employment. The Owner reserves a dght to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, ddll or operate any well; construct any obstructions on said easement areas; or substantially add to.the ground cover of said easement areas. Owner shall maintain the easement areas free from weeds and debris; shall in no event fill or permit the Storm Water Control Facilities to be filled in; and Owner also agrees to maintain its land so as to minimize erosion in and around said easement areas. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful fight to convey it or any part thereof. After completion of the Storm Water Management Basin, the Owner and its successors and assigns shall thereafter maintain the facilities and easement areas in such condition as to facilitate the proper functioning of said facilities. The maintenance shall include maintaining and mowing the groundcover over the areas adjacent to the basin and keeping the basin and its conduits free of debris. The City shall have no obligation for maintenance of the Facilities or the easement areas. However, the City shall have the right, but not the obligation, to enforce the terms of this agreement and to perform emergency maintenance upon the facilities at the Owner's cost without notice. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the Owner, and until acceptance by the City, as provided by law. This Agreement shall inure to the benefit of and bind the successors and assigns,of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this Z. ~0 day of J~ , 1996. CITY OF IOWA CITY, IOWA I~aomi ~Ne/vick, Mayor ATTEST: Marian K. Karr, City Clerk BOYD AND r*UMMEy/ART, J~hn R. Rummelhart, Jr.,I~!nt BY: ~"~.,~ ~.. ~ r ~er~r--~. Litton, Secretary/Treasure STATE OF IOWA, JOHNSON COUNTY, ss. FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER Onlhis __ dayof June Public in and for the State of iowa. personally appeared and Jerry C. Litton ,AD 19.96 ,beforerne. theundersigned, aNotary John R, Rummelhart, Jr. . to me personally known. who being by me duly sworn. did saythattheyarethe President and Secretary/Treasurer respectively. ol the COrporation executing the within and foregoing instrument tO whlch this Is attacheall that (no seal has been procured by the) (~ax,~alxa~ixad~tbe~elaxi~xt[,~se~lxel~lx~) corporation; that the instrument was signed (aa~l~ea{~) on behalf of the COrporation by authority of its Board of Directors; and that John R. Rummelhart, Jr. and Jerry C. Litton as officers acknowledged the execution of the foregoing instrument to be the voluntanj act and deed of the corporation. by it and by them voluntarily executed. IOWA STATE BAR ASi,0~.0~ -i,:&~.?,THY S. GRADY_ Official Form No. 172 l'.'¢ C,,,V~ SS~N EY, PIFtE$ Aclmowledgemenf: For use in case of corporations STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z_.__~day of July, 1996, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, who being be me duly swom,.did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that th.e seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Naomi J. Novick and Madan K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa II r- FI PROPOSED EASF~MF,,N~ PROPOSED EASEMENTS '~r~m~'~r Y~ 1 M~S CONSULTANTS, I~c. Prepared by: Sarah E. Holecek, Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-3116-5030 RELEASE OF STORMWATER MANAGEMENT BASIN AND ACCESS EASEMENT The City of Iowa City, Iowa, does hereby release the property legally described as "Vacate Stormwater Management Basin Easement" and "Vacate 15.00' Wide Access Easement to Stormwater Basin" as legally described and designated on the Plat attached hereto as Exhibit "B", which is incorporated by this reference, from a lien or cloud upon the title placed thereon by the easement granted to the City by instrument dated August 9, 1988 and recorded in Book 1024, Page 486 of the records of the Johnson County Recorder's Office. The City retains all other easements of record. CITY OF IOWA CITY, IOWA Naomi Attest: ~ ~. Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2/{;(-day of July, 1996 before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Naomi J. Novick and Maclan K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Naomi J. Novick and Maclan K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa z m~m)~ -qCz~ EASEMENT VACATION '~r~~r ~ M~S Cos~T~ I... _ See 15-79-6 Iowa City, Ia ~ CNS { ~an I 6r~ ~ J Prepared by Sarah E. Holecek, ~st Ci~ A~.. 410 E Washing~n St. Iowa Cid, IA 31~356-~30 SUBSTITUTED STORMWATER MANAGEMENT BASIN AND ACCESS EASEMENT AGREEMENT This Agreement is made corporation (hereinafter "Owner") (hereinafter "the City"). and between Boyd and Rummelhart, inc., an Iowa the City of Iowa City, Iowa, a municipal corporation ITIS HEREBY AGREED AS For the sum of One Dollar and acknowledged, the Owner installing, operating and maintaining known as a Storm Water Management dght of ingress and egress thereto Water Management Easement" areas") as shown on the proposed incorporated herein by reference. consideration and conveys to the water ~sin and md across the plat of which is hereby for purposes of areas otherwise I15') right-of-way with as "Proposed Storm (hereinafter "easement :hed hereto as Exhibit "A"i and The Owner further grants to the easements: following rights in connection with said 1. The dght to grade said easem extend the cuts and fills for such easement areas, to such extent as 3reas for the full width thereof, and the right to and on said land along and outside of said find reasonably necessary. 2. The right from time to ti,~l/e to trim, cu and clear away all trees and brush on said easement areas and on either side of saidement areas which now or hereafter in the opin, ion of the City may be a he/~'ard to s; or may interfere with the exercise of the City s rights hereunder in an/~anner. ~ The City shall inderr)hify the Owner against ~' I~ss and damage which shall be caused by the negligent exercise/of any said ingress or egress,,.c, onstruction, use or maintenance by the City or its agents or//employees in the course of their'~mployment. The Owner reierves a right to use said easement ;teas for purposes which will not interfere with the Cit)(s full enjoyment of its rights hereby granted; provided that the Owner shall not erect or construct any building, fence or other structures; plant any trees, ddll or operate any well; constru/;t any obstructions on said easement areas; or substantia;ly add to.the ground cover of said easement areas. Owner shall maintain the easement areas free from weeds and debris; shall in no event fill or permit the Storm Water Control Facilities to be fi§ed in; and Owner also agrees to maintain its land so as to minimize erosion in and around said easement areas. The Owner hereby covenants w~th the City that it is lawfully sei~zed and possessed of the real estate described above, anc~ ('hat it has good and lawful right,{o convey it or any part thereof. I~ / After completion of the Storm ~ ~,ater M..a,nagernent Basin, the'Owner and its successors and assigns shall thereafter maintain :h'~ facdit~es and easement/~reas in such condition as to facilitate the proper functioning of said i~a(~lities. The maintenanc~ shall include maintaining and mowing the groundcover over the are ~as~ acent to the bas'~' and keeping the basin and its conduits free of debris. The City shal! ha,~ no obligation f~ maintenance of the Facilities or the easement areas. However, :he City sl'thave the dg~ht, but not the obligation, to enforce the terms of this agreement and to perform~aintenance upon the facilities at the Owner's cost without notice. Nothing in this Agreement shall install the original public improvements as the City's agent during the orig~ parties agree that the obligation to install accordance with City specifications, and the completion by the Owner, and until acceptance ~struea to impose a requirement on the City to he(ein. Nor shall the Owner be deemed acting ,h and installation of said improvements. The improvements herein shall be in shall remain on the Owner until the City, as provided by law. This Agreement shall inure to the benefit o respective parties hereto, and all covenants shall title to the land. bind the successors and assigns,,~fthe to and run with the land and with the DATED this / dayof / / / ,1996. CiTY : IOWA CITY, IOWa BY: J. Novick, Mayor ATTEST: Marian ~arr, City Clerk BOYD AND RUMM~LHART, INC. BY: John R. Rummelhart, Jr., President BY: Jemj C. Litton, Secretary/Treasurer STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this day of June, 1996, before me, the undersigned, a Notary Public in and for the State of Iowa, pemonally appeared Jot n R. Ru.m. melhart, Jr., to m,e personally known, who being by me duly sworn did say that he is 1 ~e President of the corpo)~ation executing the within and foregoing instrument, that no seal as been procured by/the corporation; that said instrument was signed on behalf of the ca ioration by authority/df its Board of Directors; and that Jerry C. Litton as officer acknowledged the execution of the'foregoing instrument to be the voluntary act and deed of the corporation,it and by the,~oluntadly executed. Nc) s~t~Public in and for the State of Iowa / / / STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of July, 1996, said County, in said State, personally personally known, who being ~ sworn, respectively of said municipal affixed thereto is the seal of said sealed on behalf of said munici corporation corporation; and that the Naomi,& Novick said instrument to be the voluntary act and deed voluntarily executed. the undersigned, a Notary Public in nd for J. Novick and Madan K. Karr, to me ,that they are the Mayor and City .Clerk, the foregoing instrument; that th~ seal that said instrument was signed and of City council of said municipal K. Karr acknowledged that execution of said municipal corporation and by them Public in and for the State of Iowa ill Prepared by: Sarah E. Holecek, Asst. City Atty,, 410 E. Washington St., Iowa City, IA 319-356-$030 RELEASE OF STORMWATER MANAGEMENT BASIN AND ACCESS EASEMENT The City of Iowa City, Iowa, does hereby release the property legally described as '¥acate Stormwater Management Basin Easement" and '¥acate 15.00' Wide Access Easement to Stormwater Basin" as legally described and designated on the Plat attached hereto as Exhibit "B", which is incorporated by this reference, from a lien or cloud upon the ti{le placed thereon by the easement granted to the by instrument dated August 9, 1988 and recorded in Book 1024, Page 486 of the records Johnson County Recorder's Office/ The City retains all other / / of record. OF IOWA CITY, ~/WA BY J. Novick, Mayor Attest: Madan K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this __ day of, said County, in said State, personally known, who bei respectively of said affixed thereto is the sealed on behalf of corporation; and that said instrument voluntarily 1996 before the undersigned, a Notary Public in nd for appeared ~omi J. Novick and Madan K. Karr, to me be me duly sworn, did say that they are the Mayor and City Clerk, corporation executing the foregoing instrument; that the seal of said municipal corporation; that said instrument was signed and municipal corporation by authority of City council of said municipal Naomi J. Novick and Marian K. Karr acknowledged the execution of the voluntary act and deed of said municipal corporation and by them Notary Public in and for the State of Iowa EASEMENT VACATION M~ Co~T~, INC ~ I. Resub. of a Pot Goit ~ . ' . ~ Prepared by: Sarah E Holecek. Asst City Att~., 410 E Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 96-194 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDED ESCROW AGREEMENT CONCERNING STORMWATER MANAGEMENT OBLIGATIONS FOR PARK WEST SUBDIVISION, PART ONE, IOWA CITY, IOWA. WHEREAS, on September 15, 1992, the City Council approved the Final Plat of Park West Subdivision, Part One, Iowa City, Iowa; and WHEREAS, pursuant to a Stormwater Management Agreement and Escrow Agreement executed between the City of Iowa City and the Developers of the subdivided property, the Developers deposited with the City of sum of $62,000.00 for the costs of designing and building as Stormwater Detention Facility within Kiwanis Park to serve Park West Subdivision and portions of the surrounding area; and WHEREAS, the City has studied the subject area to investigate the possibility of constructing a regional stormwater management facility in the development area; and WHEREAS, said study determined that stormwater management for Park West Subdivision would be better provided by an existing basin located within West Side Park Subdivision, and that the creation of an independent facility within Kiwanis Park was both unnecessary and wasteful of valuable parkland; and WHEREAS, it is in the public interest to permit the Developer to utilize the existing stormwater management basin within West Side Park Subdivision to meet its requirements for stormwater management, provided said Developer is obligated to make any necessary upgrades to said facility and to obtain all necessary easements associated with such use; and WHEREAS, the Amended Escrow Agreement permits the Developer of Park West Subdivision to utilize the existing stormwater management basin within West Side Park Subdivision to meet its requirements for stormwater management while obligating said Developer to make any necessary upgrades to said facility and to obtain all necessary easements associated with such use. 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 Amended Escrow Agreement to permit the Developer of Park West Subdivision to utilize the existing stormwater management basin within West Side Park Subdivision to meet its requirements for stormwater management while obligating said Developer to make any necessary upgrades to said facility and to obtain all necessary easements associated with such use. ,jr -- Resolution No. 96-194 Page 2 3, The Mayor is hereby authorized to execute and the City Clerk to attest the Amended Escrow Agreement, a copy of which is attached hereto. The City Clerk is authorized to certify and record a copy of this Resolution, along with the Amended Escrow Agreement, in the Office of the Johnson County Recorder at Developer's expense. it was moved by Lehman and seconded by be adopted, and upon roll cell there were: Norton the Resolution AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Passed and approved this 2nd day of , 1996. A3~I'EST: CITY CLERK Prepared by Sarah E Holecek. ASSL C~ Atty.. 410 E. Washington St., Iowa City. IA 31~.356-5030 AMENDED ESCROW AGREEMENT BETWEEN PARK WEST SUBDIVISION, INC. AND THE CITY OF IOWA CITY, IOWA CONCERNING STORMWATER MANAGEMENT OBLIGATIONS FOR PARK WEST SUBDIVISION PARTS I-IV This Agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City") and Park West Subdivision, Inc., an Iowa Corporation (hereinafter "Developer"). WHEREAS, on September 15, 1992, the City Council approved the Final Plat of Park West Subdivision, Part One, Iowa City, Iowa; and WHEREAS, pursuant to a Stormwater Management Agreement and Escrow Agreement executed between the City of Iowa City and the Developers of the subdivided property, the Developers deposited with the City of sum of $62,000.00 for the costs of designing and building as Stormwater Detention Facility within Kiwanis Park to serve Park West Subdivision and portions of the surrounding area; and WHEREAS, the City has studied the subject area to investigate the possibility of constructing a regional stormwater management facility in the development area; and WHEREAS, said study determined that stormwater management for Park West Subdivision would be better provided by an existing basin located within West Side Park Subdivision, and that the creation of an independent facility within Kiwanis Park was both unnecessary and wasteful of valuable parkland; and WHEREAS, it is in the public interest to permit the Developer to utilize the existing stormwater management basin within West Side Park Subdivision to meet its requirements for stormwater management, provided said Developer is obligated to make any necessary upgrades to said facility and to obtain all necessary easements associated with such use; and WHEREAS, the Parties now wish to amend the odginal Escrow Agreement to provide for the terms under which the Developer may utilize the existing stormwater management basin within West Side Park Subdivision to meet its requirements for stormwater management. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: The Parties acknowledge that the odginal Escrow Agreement, dated October 19, 1992 and recorded in the Johnson County Recorder's Office at Book 1456, Page 53, required the Developer to deposit the sum of $62,000 with the City for the costs of design and construction of a stormwater detention facility within the area of what is now known as Kiwanis Park. The Parties acknowledge that the City has studied the subject area to investigate the possibility of constructing a regional stormwater management facility in the development area and has determined that stormwater managembnt for Park West Subdivision would be better provided by an existing basin located within West Side Park Subdivision, and that the creation of an indepsndent facility within Kiwanis Park was both unnecessary and wasteful of valuable parkland. The original Escrow Agreement dated October 19, 1992, and recorded in Book 1456, Page 53 of the Johnson County Recorder's Office shall be and is hereby rescinded and superseded in its entirety and this agreement shall stand in the place of said original agreement. The Parties agree that the City shall return $60,000 of the previously place escrow to the Developer, and that the remaining escrow shall be retained by the City to cover the costs of improvements to the existing West Side Park stormwater detention facility necessitated by the use of said facility by Park West Subdivision. The Parties further acknowledge and agree that the Developer shall obtain all necessary easements occasioned by Park West Subdivision's use of the West Side Park stormwater management facility as a "regionar' stormwater detention facility. ,. The Parties acknowledge that this Amended Escrow Agreement shall be deemed to be a covenant running with the land and with the title to the land. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. The Parties agree that the City Clerk shall record this Amended Escrow Agreement in the Johnson County Recorder's Office at the Developer's expense. DATED this /~"?"~ day of ~"~-<:.~ ,199~.~' PARK WEST SUBDIViSiON, INC. ~ Kroeger, President ~"Secretary CITY OF IOWA CITY, IOWA NaomiU. No~,j~k, Mayor A'FrEST: ~.~_,~_ -~. Marian K. Karr, City Clerk STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this I day of~, 1996, before me, the undersigned, a Notary Public in and for the State of Iowa, persohall~ appeared Gene Kreeger, to me personally known. who being by me duly sworn did say that he is the President and Secretary of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Gene Kroeger as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and b/y.~oluntarily ~x/x~.d. ~ubl~i'~i~a~ ,or.the¢State of.., STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Z"~day of July, 1996, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Naomi J. Novick and Madan K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa Prepared by Sarah E. Holecek, Asst City Arty, 410 E. Washington St, Iowa Cfty, IA 319-356-5030 AMENDED ESCROW AGREEMENT BE'I1NEEN PARK WEST SUBDIVISION, INC. AND THE CITY OF IOWA CITY, IOWA CONCERNING STORMWATER MANAGEMENT OBLIGATIONS FOR PARK WEST SUBDIVISION PARTS I-IV This Agreement is made by and (hereinafter "the City") and Park "Developer"). the City of Iowa City, Iowa, st Subdivision, Inc., an Corporation (hereinafter WHEREAS, on September 15, 1992, Subdivision, Part One, Iowa City, City Council I the Final Plat of Park West WHEREAS, pursuant to a Stormwater executed between the City of Iowa City Developers deposited with the City of sum as Stormwater Detention Facility within portions of the surrounding area; and ,,lanagement ~d the Devel $62,000. ment and Escrow Agreement of the subdivided property, the rthe costs of designing and building to serve Park West Subdivision and WHEREAS, the City has studied the subjecl a regional stormwater management to investigate the possibility of constructing development area; and WHEREAS, said study determined that would be better provided by an existing that the creation of an independent fa/~ wasteful of valuable parkland; and management for Park West Subdivision within West Side Park Subdivision, and Kiwanis Park was both unnecessary and WHEREAS, it is in the [ management basin within West Si management, provided said facility and to obtain all igated easements ~tilize the existing stormwater to meet its requirements for stormwater make any necessary upgrades to said d with such use; and WHEREAS the Parties now,w/ish to amend the original reement to provide for the terms under which the DevelOper may utilize the existing'mwater management basin within West Side Park Subdivisi7 to meet its requirements f¢X~ management. NOW THEREFORE, TH~ PARTIES AGREE AS FOLLOWS: 1. The Parties acknowledge that the odginal Escrow Agreem'"b,nt, dated October 19, 1992 and recorded in the Johnson County Recorder's Office at Book 1456, Page 53, required the Developer to deposit the sum of $62,000 with the City for the costs of design and construction of a stormwater detention facility within the area of what is now known as Kiwanis Park. The Parties acknowledge that the City has studied the subject area to investigate the possibility of constructing a regional stormwater management facility in the development area and has determined that stormwater management for Park West Subdivision would be better provided by an existing basin located within West Side Park Subdivision, and that the creation of an independent facility within Kiwanis Park was both unnecessary and wasteful of valuable parkland. The original Escrow Agreement dated October 19, 1992, and recorded in Book 1456, Page 53 of the Johnson County Recorder's Office shall be and is hereby rescinded and superseded in its this agreement shall stand in the place of said original agreement. The Parties agree the Developer, and costs of improvements to necessitated by the use City shall return $60,000 of the previously place escrow to 'emaining escrow shall be retained by the City to cover the existing West ~ide Park stormwater detention facility facility by West Subdivision. The Parties further acknowledg~ and agree easements occasioned by West stormwater management facility at the Developer shall obtain all necessary use of the West Side Park stormwater detention facility. 6.. The Parties acknowledge that this a covenant running with the lan, acknowledge that representatives and assigns / 7. The Parties agree that the~ity Clerk shall r~)~ord this Amended Escrow the Johnson County Reco,~der's Office at the I~eveloper's expense. DATED this ~,/~y of ~,,,, ,1993. 9(; " PARK WEST SUBDIVlSI , INC. '. BY: Gene Kroeger, P t & Secretary Escrow Agreement shall be deemed to be with the title to the land. The Parties further inure to the benefit of and bind all successors, Agreement in CITY OF IOWA CITY, IOWA Naomi J. Novick, Mayor ATTEST: Marian K. Karr, City Clerk STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this day of , 1996, for the State of Iowa, personally appeared by me duly sworn did say that he is the the within and foregoing instrument, that no said instrument was signed on behalf of and that Gene Kroeger as officer be the voluntary act and deed of the / STATE OF IOWA ) ) SS: / JOHNSON COUNTY / ) the undersigned, a Notary Public in and er, to me personally known, who being and Secretary of the corporation executing al has been procured by the corporation; that )oration by authority of its Board of Directors; the execution of the foregoing instrument to by it and by him voluntarily executed. Notary Public in and for the State of Iowa / On this day/of July, 1996, before me, the unde~r,signed, a Notary Public in nd for said County, in said State, personally appeared Naomi J. N~)yick and Marian K. Karr, to me personally known, who/being be me duly sworn, did say that they, re the Mayor and City Clerk, respectively of said r~unicipal corporation executing the forego=ng instrument; that the seal affixed thereto is the'seal of said municipal corporation; that said"instrument was signed and sealed on behalf (~f said municipal corporation by authority of City council of said municipal corporation; and tH. at the Naomi J. Novick and Marian K Karr acknowledged that execution of said instrument t(~'be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa Prepared by: Linda Woito, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 96-195 RESOLUTION APPROVING AGREEN~ENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, 10WA AND CHESTER A. PELSANG I11 AND RETTA E. PELSANG WHEREAS, Chester A. Pelsang II1 and Retta E. Pelsang, husband and wife (hereafter "Pelsang,") are the fee owners of certain real estate located at 839 S. 1 st Avenue, Iowa City, Iowa, and legally described as follows: The east 75 feet of Lot 4, in Block 5, in east Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to covenants, easements, and restrictions of record; and WHEREAS, Pelsang seeks approval from the City of Iowa City, Iowa ("City") to locate one handicapped-accessible parking space and a secondary drive along the above-described real estate on a 12.5 foot wide portion of the F Street right-of-way; and WHEREAS, such use of right-of-way has been reviewed by Public Works and represents a minimal intrusion, yet at the same time would serve a public interest by granting such use; and WHEREAS, the City agrees to allow Pelsang use of the north 12.5 feet of the F Street right- of-way as depicted in Exhibit A attached hereto, subject to the terms and conditions stated in the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached Agreement for Use of Public Right-of-Way is in the public interest, and is hereby approved as to form and substance. The Mayor and City Clerk are hereby authorized to execute the Agreement, subject to the Board of Adjustment's approval of a special exception for reduction of one parking place on Pelsang's proposed podiatry clinic. Upon the Board of Adjustment's approval of the special exception and in consultation with the City Attorney, the City Clerk shall record a certified copy of this resolution and the attached Agreement in the Johnson County Recorder's Office, at Pelsang's expense. Resolution No. 96-195 Page 2 Passed and approved this 2nd day of July 1996, CiT"~' CLERK MAYOR Approved by.. (~ity Attorney s Office It was moved by Lehman and seconded by adopted, and upon roll call there were: Nn~ton AYES: NAYS: ABSENT: X X X Y, X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND CHESTER A. PELSANG, III AND RETTA E. PELSANG This Agreement is made by and between Chester A. Pelsang, III and Retta E. Pelsang, husband and wife, hereinafter referred to as "Pelsang" and the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City". WHEREAS, Pelsang is the fee owner of certain real estate located at 839 S. 1st Avenue, Iowa City, Iowa, and legally described as follows: The east 75 feet of Lot 4, in Block 5, in East Iowa City, Johnson County, Iowa~ according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to covenants, easements, and restrictions of record. WIuiw3~%S, Pelsang seeks approval from the City of Iowa City, Iowa ("City") to locate one (1) handicapped-accessible parking space along the above-described real estate on a 12.5 foot wide portion of the F Street right-of-way, which portion lies between the Pelsang's property line and F Street; WHEREAS, the public interest would be served in granting approval of an agreement for such use; and WHEREAS, the Department of Public Works has approved the use and location of the parking space within the 12.5 foot wide portion of the F Street right-of-way, along Pelsang's real estate; and WHEREAS, the City agrees to allow Pelsang use of the north 12.5 feet of the F Street right-of-way along Pelsang's real estate for said limited purpose, subject to the terms and conditions stated herein. NOW, THI~EFORE, in consideration of the mutual promises set forth below, it is agreed as follows: Pelsang shall be allowed to install and maintain one (1) handicapped accessible parking space along the north 12.5 feet of the F Street right-of-way along Pelsang's real estate and also to install and maintain a drive as secondary ingress and egress over said City right-of-way, as depicted on the diagram marked Exhibit A and attached hereto and incorporated by referenced herein. Said parking space and drive shall satisfy requirements of the Zoning and Building Codes of the Iowa City Code of Ordinances. Pelsang agrees that the parking space and drive will be constructed and maintained in a manner aoceptable to the City so as to minimize danger and preserve aesthetic appeal. The City may require removal of the parking space upon reasonable notice to Pelsang, pursuant to Section 364.12, Code of Iowa (1995). Upon such notice, Pelsang agrees to remove the parking space from the City's right-of-way, or to move the parking space to another location within the right-of-way acceptable to the City, and to do so within sixty (60) days after being so ordered by the City. If Pelsang fails to remove or relocate the parking space after being ordered to do so, the City may remove the parking space, and the removal costs thereof shall be assessed against the property as a property tax in the manner provided by law. In the event the parking space or drive are ever replaced for any reason, Pelsang agrees to first seek and obtain written approval from the Public Works Department. Pelsang agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use or repair of said parking space and drive on City ~roperty, including any liability which the City may incur as a result of its decision to allow said use and placement of the parking space and drive of a portion of the F Street right-of-way. Pelsang is required and agrees to carry liability insurance, in minimum amounts of $500,000 - $1,000,000 - $250,000 with contractual liability coverage included as part of such insurance, and shall furnish a copy of the policy to the City, or a certificate of insurance for same, which is satisfactory to the City. Pelsang agrees to maintain such insurance in force until the parking space and drive are removed from the City property, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein without further notice of termination required. The parriss agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. If the required insurance is not maintained, the City shall have the right to remove the parking space and drive following five (5) days prior written notice to the owner of the property. In such event, the cost of removal shall be assessed against the property in the manner provided in Section 364.12, Code of Iowa, (1995). Pelsang acknowledges and agrees that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street - 2 - ri~ht-ofTway fo~ private purposes; and that the City oraer said parking space and drive removed at any time if, for any reason, the City Council determines that the property upon which the use herein is located should be cleared. This Agreement shall constitute a covenant running with the land and with the title to the land and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest and assigns of both parties. Dated this ~ day of 3~ , 1996. CITY OF IOWA CITY Clerk Chester A. III etta E.Pelsang ~ Approved by: -C~Y Attorney's Office Date: PELSA~NG ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON ) ) SS: ) On this 3~ day of J~w . , 1996, before me, the undersigned, a Notary Pllbllc in and for said County and State, personally appeared Chester A. Pelsang, III and Retta E. Pelsang, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. A Notary Public in and for the State of Iowa - 3 ~ CITY OF IOWA CITY'S ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON ) ) SS: ) On this 3 ~& day of __~L~ , 1996, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Naomi Novak and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by a~uth__or~ty of its City Council, as contained in Resolution No. q& /g~ passed (the Resolution adopted) by the~ity Council, under Roll Call of the City Council on the Z day of ~,~ , 1996, and that Naomi Novak and Marian K. K~r 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. A Notary Public in and for the State of Iowa - 4 - 80.00' ~n-~' 0 AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAy BETWEEN THE CITY OF IOWA CITY AND CHESTER Ao PELSANG, III AND RETTA E. PELSANG This Agreement and Retta E. to as "Pelsang" corporation, by and between Chester A. Pelsang, III husband and wife, hereinafter referred City of Iowa City, ~, a municipal ~fter referred to as "City' WHEREAS, Pelsang i~ the fee owner of cert~ n real estate located at 839 S. Avenue, Iowa City, and legally described as foll~ The east 75 feet Lot 4, in Block in East Iowa City, Johnson Iowa, to the plat thereof recorded Book 1, Page Plat Records of Johnson Iowa, sub- to covenants, easements, and of WHERP~AS, Pelsang seeks Iowa ("City") to locate o! space along the above-de~ wide portion of the F Stre between the Pelsang's WHEREAS, the public approval of an agreement WHEREAS, the Department of' and location of the parkinc portion of the F Street' estate; and / / WHEREAS, the City ag~es to 12.5 feet of the F S~reet estate for said lim'ited conditions stated ~rein. the City of Iowa City, .capped-accessible parking ~eal estate on a 12.5 foot righ%-of-way, which portion lies ..line and F Street; would be served in granting such use; and works has approved the use within the 12.5 foot wide -of-way, along Pelsang's real ow Pelsang use of the north along Pelsang's real subject to the terms and NOW, THEREFORE, i~consideration v~ the mutual promises set forth below, it ~§agreed as follows~ ]. Pelsang sh~l be allowed to insta%l and maintain one (1) handicappe~accessible parking spare along the no~h 12.5 feet of t~ F Street right-of-way~along Pelsang s real estate a~ also to install and ~aintain a drive as secondary ~ngress and egress over sai~%City right-of-way, as depicted on the diagram marked Exhibit A and attached hereto and incorporated by reference~ herein. Said parking space and ~rive shall satisfy requirements of the ~n~. Building Codes of the Iowa,.City Code of . Pelsang agrees that th? parking space and drive will be constructed and maintained in a manner acceptable to the City so as to minimize danger ~nd preserve aesthetic appeal. The City may require removal of the parking space upon reasonable notice to Pelsang, pursuant to Section 364.12, Code of iowa (1995). Upon such notice, Pelsang agrees to remove parking space from the City's right-of-way, or to move parking space to another locati( within the ri( acceptable to the City, and t~ so within sixty (60) ,s after being so ordered City. If Pelsang fail: to remove or relocate parking space after being ~dered to do so, the may remove the parking spac~ and the removal costs shall be assessed a~ st the property as a tax in the manner ~ by law. In the event t~ for any reason written parking space or Pelsang agrees from the Publ 5. Pelsang harmless in cot arising in regard or repair of ~roperty, includin( incur as a result of placement of the the F Street right-o~ are ever replaced first seek and obtain Works Department. agrees indemnify and hold the City wi~ any liability whatsoever the , maintenance, use space and drive on City liability which the City may decision to allow said use an~ g space and drive of a portion o,~ Pelsang is regui] insurance, in mini $250,000 with part of such in~ policy to the same, which is to maintain space and failure to automatica herein The part ~d agrees to carry liability lnts of $500,000 - $1,000,000 - liability coverage included as , shall furnish a copy of the or a of insurance for :o the City. Pelsang agrees insurance n force until the parking are removed the City property, and maintain such insurance in force shall ~ terminate the grant of permission contained further notice of termination required. agree that the City may require reasonable comp~ra re¢ the ri five as: S in the amount of coverage in order to provide e coverage protection in the future. If the insurance is not maintained, the City shall have ht to remove the parking space and drive following days prior written notice to the owner of the In such event, the cost of removal shall be against the property in the manner provided in 364.12, Code of Iowa, (1995). Pelsang acknowledges and agrees that no property right is conferred by this grant of permission; that the City is' not empowered to grant a permanent use of its street - 2 - right-of-way for private purposes; and that the City may order said parking space and driye remo%e~ at any time if, for any reason, the City Council determines that the property upon which the use herein is locat should be cleared. This Agreement shall constitute a covehal running with the land and with the title to the la~ and shall be binding upon and inure to the of the respective heirs, accessors in intere: and assigns of both parties. Dated this day of , 1996. CITY OF IOWA CITY By: Mayor A. Pelsang, III ATTEST: City Clerk Approved b~ ~C t~~y ~ttorne~'s Off Ice PELSANG Retta E. Pelsang ~te: STATE OF IOWA COUNTY OF on me, the and State Retta E. identical same as ) ) SS: __ day of , 1996, before [ned, a Notary Public n and for said County y appeared A. Pelsang, III and husband and wife, me known to be the ~ersons named in and who uted the within and instrument and acknowledged they executed the voluntary act and deed. A Notary Public in and for the' State of Iowa. - 3 CITY OF IOWA CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) ~~ ........ ~- On this . day of / ..... , ~999, before me, the unders-~ed, a Notary/ Public in and for/~ald County and State, personally appeared. Naomi ~ovak and M~rlan K. Kar~, to me personally known, and, Who, being by me ~dly s~orn, did say that they are the Mayor ~nd City Clerk, r~sp~ctlvely, of the City of Iowa City, Iowal; that the sea~ affixed to the foregoing instrument is the cgrporate seal o~the corporation, and that the instrument was sagned and sealed on behalf of the corporation, by authority of its City Coun, as contained in Resolution No. passed (the adopted) by the City Council, under Roll Call of __. day of , 19~ and Marian K. Karr acknowledged instrument to be their vol~ voluntary act and deed of th~ executed. City Council on the and that Naomi Novak execution of the and deed and the , by it voluntarily A Notary Public in and for t~ State of Iowa - 4 - 80.00' / / / Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF SADDLEBROOK ADDITION, PART 1, IOWA CITY, IOWA. WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk the final plat of Saddlebrook Addition, Part 1, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in-Iowa City, Johnson County, Iowa, to wit: A portion of NW 2, Section 25; the W ½ SE ~A, Section 25, except the east 660.05 feet thereof; the W ½ SE ~A, Section 24 lying south of Highway No. 6 (formerly Lower Muscatine Road, formerly Wyoming Road), except the east 660.05 feet thereof; and the east 25 feet of the E ½ SW ¥4, Section 24 lying south of said Highway No. 6, all located in Twp. 79 N., R. 6 W., of the 5th P.M., Iowa City, Iowa being the same realty described in Book 1036 - Page 193 Johnson County Recorder's Office, described as follows: Beginning at a s/e" rebar set marking the common quarter corner between said Sections 24 and 25; thence S 88°36'12" W -- 25.00 feet along the south line of said Section 24 to a ~/e" rebar set at the SE corner of Bon Aire Mobile Home Lodge as described in Book 1035 - Page 422 and Plat Book 2 - Page 1 27 which point also marks the Point of Beginning of the parcel herein described; thence N 00005'24" W -- 1627.67 feet (recorded 1622.11 feet) along the west line of said east 25 feet of the E Y~ SW ~A, Section 24 which line is also the east boundary of said Bon Aire realty to a 5/8" rebar set on the southerly ROW line of said Highway No 6 as described in 6ook 226 - Page 515; thence Southeasterly - 330.34 feet along said ROW line along a 5789.58 foot radius curve, concave northeasterly, with a central angle of 03° 16'09" and a chord of S 59 o 25'31" E - 330.29 feet to a 5/8" rebar set 60 feet normal to P.T. Sta. 288 + 17.4; thence S 61 °03'35" E -- 464.44 feet along said ROW line to a S/e" rebar set marking the intersection with the west line of said east 660.05 feet of the W ½ SE 2, Section 24; thence S 00°17'37" W -- 987.51 feet along said west line of the east 660.05 feet of the W '~ SE 2, Section 24 to a set 5/s" rebar; thence N 89°51 '28" W -- 263.47 feet to a 5/e" rebar set on the easterly ROW line of Heinz Road; thence Southeasterly -- 223.42 feet along said ROW line along a 1907.00 foot radius curve, concave northeasterly, with a central angle of 06042'45" and a chord of S 17009'46" E -- 223.29 feet to a set ¥8" rebar; thence S 20°31'09" E - 75.18 feet along said ROW line to a set 8/s" rebar; thence S 69°28'51" W - 100.00 feet to a 5/e" rebar set on the westerly ROW line of said Heinz Road; thence S 20031'09" E -- 129.30 feet to a set 6/8" rebar; thence southeasterly 376.18 feet along a 967.00 foot radius curve, concave southwesterly, with a central angle of 22°17'21" and a chord of S 09022'28" E - 373.82 feet to a set ¥~" rebar; thence S 01°46'13" W - 114.19 feet to a set s/5" rebar; thence southeasterly -- 236.10 feet along a 533,00 foot radius curve, concave r, ortheasterly, with a central angle of 25 o 22'49" and a chord of S 10 o 55'12" E - 234.18 feet to a set s/s" rebar; thence S 67001'36" W - 33.10 feet to a set ¥e" rebar; thence westerly - 903.89 feet along a 1457.50 foot radius curve, concave northerly with a central angle of 35031'58" and a chord of S 84047'35" W - 889.47 feet to a set e/e" rebar; thence N 77o26'26" W - 238.75 feet to a set s/s" rebar; thence westerly - 304.75 feet along a 1542,50 foot radius curve, concave southerly, with a central angle of 11 °19'11" and a chord of N 83°06'01" W - 304.25 feet to a set 6/s" rebar; thence N 88045'37" W - 487.49 feet to a set e/s,, rebar; thence N 00o09'02" W - 865.42 feet to a 6/8" rebar set on the north line of said NW ~, Section 25; thence N 88°21'05" E - 86.03 feet along said north line of the NW ~A, Section 25 to a ¥6" rebar found marking the southwest corner of said Bon Aire realty; thence N 88°36'12" E - 1290.05 feet along said north line of the NW 2, Section to the Point of Beginning. Said Saddlebrook Addition, Part 1 contains 62.249 Acres, more or less, 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 (1995) and all other state and local requirements. 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 City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 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 is also hereby further directed to record the legal documents end the plat in the office of the County Recorder of Johnson CounW, Iowa at owner's expense. Passed and approved this day of ,1996. ATTEST: CITY CLERK MAYOR City of Iowa City MEMORANDUM Date: June 27, 1996 To: City Council From: Robert Miklo, Senior Planner Re: SUB95-0028 and SUB95-0029 -- Saddlebrook, Pad 1 and Saddlebrook Manufactured Housing Park Site Plan The Planning and Zoning Commission recommended approval of the Saddlebrook development subject to the following conditions: The final plat should include the portion of Heinz Road adjacent to Lot 4 and the legal papers should provide for a financial guarantee (escrow) for the construction of Heinz Road south of the manufactured housing park entrance. The legal papers should provide for a financial guarantee (escrow) for the construction of public sidewalks on the east and south sides of Lot 4. The legal papers should specify that public sidewalks will be built on Lots 1 and 3 at the time of construction of Heinz Road. The Commission's recommendation is consistent with the staff recommendation contained in the staff report dated Ivlay 16, 1996. The purpose for condition number one is to assure that Heinz Road is constructed in the future to complete the street network in the area. Generally when a lot is developed the public street in front of it is built. In this case the applicants are proposing that the portion of Heinz Road adjacent to the east side of Lot 4 not be constructed at this time. As proposed by staff and the Commission an escrow would assure that the street is constructed when needed. The applicants have proposed that in lieu of a financial guarantee, a legal document place the requirement for construction of the road on the future developers of the remainder of the Sycamore Farms development. Staff and the Commission are concerned that in absence of a financial commitment to build the street, the City may be asked to build the street in the future to allow further development in the Sycamore Farms area. Condition number two is necessary to assure the construction of public sidewalks on the south and east sides of the manufactured housing park. Typically these sidewalks would be built at the same time as the development, but in this case because Saddlebrook Parkway on the south side and Heinz Road on the east side of the development will not be built at the time of this development, the sidewalks cannot be built at this time. In similar situations for example, the subdivisions along Sycamore Street and Mormon Trek Village on Rohret Road, the City has required that the developer place the funds for the sidewalk that they normally would have had to build in an escrow to assure that the sidewalks are built in the future. The applicants are requesting a deviation from this procedure. 2 Regarding condition number three, the construction of sidewalks on Lots 1 and 3, the applicants request that those not be required until these lots are fully developed. At this time only the southern portion of Lot 3 will be developed with a portion of the manufactured housing park. Multi-family development is expected in the future on the remainder of Lot 3 and Lot 1. As noted in the staff report, staff recommends these sidewalks be required at the time the manufactured housing park is established. The sidewalks are necessary to provide a safe passage for pedestrians from Saddlebrook travelling toward the bus stop located at the Bon Aire Mobile Home Lodge. Although a complete sidewalk network is not in place in this portion of the city, Jt is important that as much of the network as possible be established now to provide as safe as possible access for the large number of pedestrians expected from this development. In absence of a sidewalk pedestrians are likely to walk on the proposed Heinz Road. Commissioners Chair and Supple both indicated that their negative vote on the proposed development should indicate with they did not agree with the conditions as proposed by the staff and the majority of the Commission. City of Iowa City MEMORANDUM Date: May 31, 1996 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Be: SUB95-0028 and SUB95-0029 - Saddlebrook, Part One and Saddlebrook Manufactured Housing Park Plan In the May 16 staff report, staff recommended approval of the final plat for Saddlebrook, Part One and the manufactured housing park for Lots 3 and 4 subject to the following: The final plat including the portion of Heinz Road adjacent to Lot 4 and the legal papers providing for a financial guarantee for the construction of Heinz Road south of the manufactured housing park entrance. The legal papers providing for a financial guarantee for the construction of public walks on the east and south sides of Lot 4. The legal papers specifying that public sidewalks will be built on Lots 1 and 3 at the time of construction of Heinz Road. Rather than providing financial guarantees that these ~mprovements will be constructed, the applicant has requested that a legal document provide that development of the remainder of the Sycamore Farms property could not proceed until these improvements are built or escrows are put in place to ensure their construction. The applicant's attorney proposes drafting a legal document for the City Attorney's consideration. This document has not yet been submitted to the City Attorney's Office. Regarding the construction of sidewalks on Lots 1 and 3, the applicant requests that those not be required until these lots are fully developed. As noted in the staff report, staff recommends these sidewalks be required at the time that the manufactured housing park is established. The sidewalks are necessary to provide a safe passage for pedestrians traveling toward the bus stop located at the Bon Aire Mobile Home Lodge. Although a complete sidewalk network is not in place in this portion of the city, it is important that as much of a network as possible be established now to provide as safe as possible access for pedestrians. The Commission may wish to recommend approval of the plat and plan subject to these concerns being resolved prior to Council approval of the final plat and plans or if the Commission agrees with the applicant, the plat and plans could be recommended for approval subject to the alternative proposed by the applicant. Saddlebrook 505 E. Burhng~on Sb'eet. Suite III · {o~va Cro/. Ic~va .52240 · 319 354-196l · Fax- 319 351 ~:)070 July 2. 1996 City Council 410 E. Washington Street Iowa City, IA 52240 SUB95-0028 and SUB95-0029 - Saddlebrook, Part 1 and Saddlebrook Manufactured Housing Park Site Plan Dear Council Members, On May 16, 1996 staff recommended to the Planning and Zoning Commission approval of the final plat for Saddlebrook, Part One and the manufactured housing park for Lots 3 and 4 subject to three conditions. The Commission supported staff recommendation with three commissioners voting in support of staff and two commissioners in favor of the plat but opposing the zondiuons imposed on the development. We, as developers of Saddlebrook, dispute the conditions The decision is now yours. Please accept this letter as an explanation for our opposition to the conditions being placed on the Saddlebrook Development The City imposed conditions for approval are: The final plat should include the portion of Heinz Road adjacent to Lot 4 and the legal papers should provide for a financial guarantee (escrow) for the construction of Heinz Road south of the manufactured housing park entrance. The legal papers should provide for a financial guarantee (escrow) for the constrccuon of the public sidewalks on the east and south sides of Lot 4. The legal papers should specify that public sidewalks will be built on Lots I and 3 at the time of construction of Heinz Road. First, I want to clarify a few points that seem to be misunderstood by staff. Our opposition to Items I and 2 are based solely on the required financial guarantee. We do not question nor have opposition to the need for street continuity and infrastructure installment Further, we are being required in Item 3 to install sidewalks prior to development of Lot I and 3 in the name of pedestrian safety to the bus stop. I am not opposed to the sidewalk but I cannot follow the safety reasoning in bringing residents onto the shoulder of Highway 6 to make their way to a bus stop 1/4 mile to the west. l will address specific concems to the aforementioned conditions in the following paragraphs. Our project is about affordable housing. We responded to our Community's request for affordable housing nearly four years ago with the presentation of the Sycamore Farms annexation and subsequent zoning. Commitment from City officials to cooperate with private development in meeting the affordable housing needs of our community was an integral piece of our due diligence when we conceptualized our concept Iowa CityCityCouncil Page 2 July 2, 1996 We have had several issues surrounding the development that have severely strained the affordable housing objective. This project has endured to date the unique and unexpected requirements brought forth from the City. Following are a few examples of the burdens th~s project has had to endure: We have dedicated 190 acres (nearly 50% of the entire Sycamore Farms annexation) to open space under a Conservation Easement for the protection of sensitive lands. We have agreed to incorporate a Mitigation Plan in our development to protect those sensitive lands. Further, we are required to complete the installation of the entire Mitigation Plan, which accommodates nearly 200 acres of development land, prior to the first occupant taking residency. We have agreed to contributed 15 acres to the Iowa City Public Schools for a future school site. We have agreed to dedicate an 85 foot right of way through the middle of our development to accommodate the City's need for an East West Parl~vay. We have agreed to oversize utilities, solely at our cost, to accommodate future growth. We have agreed to build and improve an internal trail system compatible with future and existing trails through Whispering Meadows to the North and the new soccer complex to the Southwest. Item I is asking for the extension of Heinz Road beyond the entrance to Lot 4 to maintain street continuity. Please understand that this road extension is not needed for the development of Lot 4 and if extended would have no destination and serve no purpos,-. The extension will only be necessary when the balance of the land is developed or the East West Parkway is constructed. Staff is concerned that the road may not be built by placing the responsibility of the road on future development. We have provided the City Attorney with a legal document mitigating staffs concerns (AGREEMENT attached). The document states the City will not approve any further subdivisions of the unplatted property unless i) the 1st division includes all of the unplatted land to the east of Lot 4, it) the plat includes an extension of Heinz Road and iii) the subdivision documents provide for the construction (or escrow) for the improvement of Heinz Road. Further, in the event the City builds the East West Parkway prior to submission of a new subdivision, we will immediately dedicate the fight of way and provide for the construction (or escrow) for the improvement of Heinz Road. Also. please understand that the extension of Heinz Road may be better served in another location. Discussion has occurred indicating that moving the road to the East, upon development of the adjacent tract to the East. may better serve development and aid in the protection of the sensitive land to the South. In lieu of final platung the extension now, we have chosen to final plat in phases as to remain flexible in our development of the area. Item 2 asks for sidewalks to be funded prior to the occupancy of Lot 4 to assure their construction and because that is typically how it's done. This development is certainly not typical We are being asked to fund sidewalks for a roadway that may never be built. The East West Parkway does not exist in reality. h may someday be constructed but we do not know when. Staff has suggested precedence in escrow for sidewalks with subdivisions along Iowa City City Council Page 3 July 2, 1996 Sycamore Street and Mormon Trek Village on Rohret Road. These developments had existing roadways on their boundaries needing improvement to accommodate ongoing growth. Our situation does not parallel those cornparables due to the fact that the East West Parkway is only conceptual The East West Parkway does not exist, it currently would serve no purpose and potentially may never be built. We have provided the City Attorney with a legal document, as mentioned previously (AGREEMENT attached), that alleviates concerns regarding sidewalks along planned roadways. We fully intend to build sidewalks when they are needed. The document states that we will i) escrow funds for the construction of walks in a phased build out approach to Lot 4 and ii) the City will not approve any further subdivision if we are in default of the phased escrow schedule. This will assure that the walks are appropriately funded as the development progresses and the sidewalks are needed. As you are aware, the City also has the right to charge the cost of the sidewalk obligation against the property if needed. The final issue, Item 3, deals with two concerns. First, typically sidewalks are installed as pan of the development of a specific lot. This alloxvs for normal sequence of public sidewalk construction and assigns the cost of the improvement to the specific tract. We feel that installing the sidewalks along Lots I and 3 prior to their development at the expense of another development (Lot 4) creates an unfair financial burden. In addition, the sidewalks prematurely installed along Lots I and 3 would most likely be destroyed with constraction on Lots 1 and 3 and therefore the cost for the sidewalks is potentially doubled. Also, the reasoning behind this request has no merit. Developing sidewalks to give residents safe passage to a bus stop is a noble thought. The facts are that people are being invited to pass along a sidewalk that empties onto the shoulder of a major highway with over 1/4 mile of unprotected travel to the Bon Aire bus stop. Further, highway traffic is congested in close proximity at the end of the proposed sidewalk due to the fact the highway reduces from 4 lanes to 2 lanes. We suggest allowing normal development on Lots I and 3 determine when the sidewalks will be installed and therefore give the City adequate time to address pedestrian access along Highway 6. Thank you for your time in the review of our project. We are asking for your understanding of the critical nature of the stated conditions as part of the cooperative affordable housing effort. The conditions imposed by staff most likely will jeopardize the entire Saddlebrook development. By our engineers estimate, the Heinz Road extension may cost in excess of $360,000, including engineering, grading. storm sewer, pavement and finish. The sidewalk improvements are esumated to exceed $42,000. If you are truly committed to affordable housing and want private development to satisfy that need, you must cooperate m the effort. With your help this project will continue and help to alleviate our proven need for affordable housing in our community. Sincerely, General Panner 0~151196 12:29 '1~319 354 6962 PltgLAN LAW LLP ~002/010 053196 AGREEMENT THIS AGREEMENT made and entered into the day of , 1996, by and between Lake Calvin Properties, an Iowa general partnership, ("Developer") and the City of Iowa city, Iowa, ("city"), Withesseth: Developer is the owner of the real estate described in Exhibit "A" attached hereto, and has subdivided a part of that real estate into a subdivision known as "Saddlebrook Addition Part 1, Iowa City, Iowa" (the ',Subdivision"), the legal description of which s~bdivision is contained in Exhibit "B" attached hereto; and, City is unwilling to approve the final plat of the Subdivision unless Developer enters into a binding agreement providing (1) for the future extension of Heinz Road from its southern ter~linus as shown on the final plat of the subdivision to the southerly line of Let 4 in the subdivision, and (2) for the posting of adequate security to provide for the future construction of sidewalks adjacent to the southerly and easterly lines of Lot 4 in the Subdivision. Therefore, in consideration of the approval by the city of the final plat of the subdivision, and the covenants and obligations of Developer under this agreement, Developer and city agree as follows: 1. Extension of ~einz Road. (a) Subject to the provisions of Paragraph 1. (b), Developer agrees on behalf of itself and its successors in interest that' following approval of-the Subdivision, the City will not approve any f~rther subdivisions of the real estate described in Exhibit "A" unless: (i) The first division of such real estate submitted to the City for approval includes all of the unplatted real estate lying easterly of Heinz Road and Lot 4, northerly of the northerly line of Temporary Storm water }Ianagement Easelnent #1, westerly of the West line of the East 660.05 feet of the West One-Half of the Northeast 1/4 of Section 25, ToWllship 79 North, Range 6 West of the §th and southerly of Let 2 and Heinz Road, all as shown on the final plat of the Subdivision; (ii) Such plat includes an extension of Heinz Road along and adjacent to Lot 4 from its southerly terminus as sho%uu on the final plat of the Subdivision to the 12:~0 ~319 354 6962 PHELAN LAI¥ LLP ~]003/010 053196 northerly line of Temporary Storm Water Management Easement #~, and (~ii) The subdivision documents include a requirement that Developer or its successors in interest pave the Heinz Road extension in accordance with plans and specifications approved by the City or that the Developer deposit with the city Clerk of the city an amount equal to 110% of the cost as determined by the City Engineer of constructing such street extension. (b) In the event the City shall cause an East- West parkway to be constructed along the southerly boundary of the Subdivision prior to the'submission of a new subdivision for approval as contemplated in Paragraph 1.(a) of this Agreement, Developer or its successors in interest shall upon receipt of written demand from the city dedicate a 60 foot wide right-o~-way along and adjacent to Lot 4 for the extension of Hein~ Road from its southerly terminus to a point of intersection with the northerly line of the proposed East- West parkway, and thereafter Developer or its successors in interest shall either expediously pave the Heinz Road extension in accordance with plans and specifications approved by the City or deposit with the City Clerk of the city an amount equal to 110% of the cost as determined by the City Engineer ef constructing such street extension. In the evelit Heinz Road extension is constructed in accordance with this Paragraph 1.(b), the real estate described in 1.(a)('i) above not included in the Heinz Road right-of-way dedication shall be included in the first subdivision of Developer's remaining real estate submitted to the City for approval. 2. LOt 4 Sidewalks. Developer intends to construct a manufactured home park on Lot 4 of the subdivision in accordance with the final site plan for Saddlebrook Manufactured Mousing Park, Iowa city, Iowa, (the "Housing Park"}, which site plan will be approved by the City following the city's approval of the Subdivision. The City wishes to insure that suSficient funds are available to construct a sidewalk along the southerly line of Lot 4 at such time as the East-West parkway, or other City street, is constructed adjacent thereto, and to construct a sidewalk along the easterly line of Lot 4 at such time as the Heinz Road extension is constructed adjacent thereto. Therefore, Developer, on behalf of itself and its successors in interest, agrees as follows: (a) Manufactured home sites in the Housing Park shall be constructed in the following sequence (i) first - 2 - 05/31/96 12:31 "~319 354 6982 PItELAN LA~ LLP ~004/010 0532).96 Lots 1 through 133, then (ii) Lots 134 through 198, and finally (iii) LOtS 199 through 222. (b) Developer shall not commence construction of pads on Lots 134 through 198 of the Housing Park until Developer ~hall have deposited with the City Clerk of the City either a cash escrow or a letter of credit acceptance to the City in an amount equal to 110% of the cost as determined by the city Engineer of constructing a sidewalk, 4 feet in width, along the north side Of the proposed East-West parkway, or other City street, to be constructed a~jacent tothe southerly line of Lot 4 of the Subdivision. (c) Developer shall not commence construction of pads on Lots 199 through 222 of the Housing Park until Developer shall have deposited with the City Clerk of the City either a cash escrow or a letter of credit acceptable to the City in an amount equal to 110% of the cost as determined by the City EngiDeer of constructing a sidewalk, 4 feet in width, along that part of the west side of Heinz Road to be constructed adjacent to the easterly line of Lot 4 of the Subdivision. (d) Developer, on behalf of itself and its successors in interest, agrees that the City shall not approve any further subdivision of any of the real e~tate described in Exhibit "A" attached hereto not included in the Subdivisien, in the event Developer. is in default under the p~ovisions of this Paragraph 2 at the time such subdivision or subdivisions are submitted to the City for approval. (e) If within ten (10) years from the date of this agreement no East-West parkway.or other city street ~s constructed along and adjacent to the south line of Lot 4, then any escrow deposited by Developer under paragraph 2.(b) of this agreement shall be refunded to Developer by the City. 3. ~indin~ E~fect. It is the intent of the parties to this agreement that the obligations of the Developer shall be binding upon the Developer's successors Jn interest, and the obligations of this agreewent shall be covenants ruruling with the land. Therefore, the Developer's obligations under Paragraph 1 of this agreement shall be binding upon any grantee or other successor in interest of the Developer, and such grantees or successors in interest shall further be subject to the default provisions of Paragraph 2.(d) of this agreement. 4. Mortgagee's Join.der. Iowa State Bank & Trust e0mpany (',Mortgagee") presently holds a first mortgage lien on 05/31/96 12:32 '~'319 354 6982 PHELAN LA~ LLP ~1005/010 053196 all of the real estate described in Exhibit "A", attached hereto, a~d executes this document to evidence its consent to the terms and o0nditions of this agreement. DEVELOPER LAKE CALVIN PROPERTIES CITY OF IOWA CITY, IOWA By James R. Miller, General Partner By Naomi Novak, Mayor By _ Stephen ~. Bright, General Partner ATTEST: Marian Kerr, city clerk MqRTGAGEK IOWA STATE BANK& TRUST COMPANY By _ By_ STATE OF IOWA )' ) sS: JOHI~SON COUNTY~ ) on this day of , 1996, before me, the undersigned, a Notary Public in and for the State of Iowa,' personally appeared James R. Miller, to me personally known, who, being by me duly sworn, did say that he is one of the General Partners of said partnership executing the within and foregoing instrument to which this is attached; that he is authorized to sign said instrument for and on behalf of said partnership and that the said James R. Miller, as General Partner, acknowledged the execution of said instrument to be the voluntary act and deed of said partnership, by it and by him woluntarily executed. Notary ~ubl~c in and for the State of Iowa STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB95-0028. Saddlebrook, Part I Date: May 16, 1996 SUB95-0029. Saddlebrook Manufactured Housing Park GENERAL INFORMATION: Applicant: Lake Calvin Properties 505 E. Burlington St. Iowa City, IA 52240 Phone: 351-0441 Requested action: Purpose: Location; Size: Existing land use and zoning: Surrounding land use and zoning: File date: 45-day limitation period: 60-day limitation period: SPECIAL INFORMATION: Public utilities: Final plat and manufactured housing park approval. To allow development of a manufac- tured housing park. South of the intersection of Highway 6 and Heinz Road and east of Bon Aire Mobile Home Lodge. Subdivision 62.59 acres. Manufactured Housing Park 40 acres. Agricultural; RFBH and RM-20. North- Industrial and Residential/ I-1 and RFBH East - Agricultural and RS South- Agricultural; RFBH West - Agricultural and RS-8 April 25, 1996 June 10, 1996 June 24, 1996 Municipal water and sanitary sewer ser- vice are available to serve the site. 2 Public services: Police and fire protection will be provid- ed by the City. Solid waste disposal will be provided by a private hauler. Transportation: Street access will be provided initially through an extension of Heinz Road south of U.S. Highway 6. Secondary access will eventually be provided from Saddlebrook, an east-west parkway, and by extension of Whispering Prairie Avenue into the subdivision. Transit service will initially be provided from the Iowa City Transit stop at Bon Aire Mobile Home Court. When at least two means of access are established, an extension of Iowa City Transit ser- vice into the subdivision can be consid- ered. This may be the extension of an existing route or could be a new route. Physical characteristics: The site slopes from the north to south towards the Snyder Creek Bottoms. Areas of Hydric soil are located in the western, northeastern portions of the subdivision. An existing dwelling and farm building are located on Lot 3. BACKGROUND INFORMATION: The annexation and rezoning process for the 422 acre Sycamore Farms development was completed in August, 1994. On August 15, 1995, the City Council approved the preliminary plat for Saddlebrook Addition, a ten-lot, approximately 222 acre subdivision and the preliminary manufactured housing park plan for Lots 3 and 5 (now Lot 4) of Saddlebrook. The applicant is now requesting final plat approval for Saddlebrook Addition - Part 1. Saddlebrook Addition Part 1 includes only a portion of the 222 acre area covered by the preliminary plat. Lots 1 and 2 of Saddlebrook Part 1 contain approximately 12 acres and are zoned RM-20, Medium Density Multi-Family. Lots 3 and 4 contain approximately 45 acres and are zoned RFBH, Factory Built Housing Residential. It should be noted that Lot 4 on the final plat was labeled as Lot 5 on the preliminary plat. The lot has been renumbered because the area shown on Lot 4 on the preliminary plat is not being final platted at this time. The final plat and manufactured housing park plan contain deficiencies and discrepancies which are noted at the end of this report. ANALYSIS: Construction plans and drawings have been submitted and are being reviewed by the Public Works Department. Legal papers have been submitted and are being received by the City Attorney's Office. These plans and documents must be approved prior to Council 3 consideration of the final plat. As discussed below there are issues regarding the final plat which must be addressed in the legal papers. The final plat of Saddlebrook Addition Part 1 generally conforms with the approved preliminary plat. However, only a portion of the property included in the preliminary plat is being final platted at this time. It is not unusual to phase final plat approvals to include only portions of a larger preliminary plat. However, in this case the manner in which the final plat is proposed raises implications for street continuity and questions regarding future infrastructure installment. Of particular concern is the fact that the applicant is only proposing to final plat Heinz Road to the entrance of the proposed manufactured housing park located on Lot 4. The remainder of Heinz Road adjacent to the frontage of Lot 4 would not be final platted and would not be built at this time. Generally, the streets which front a lot are platted at the same time as the lot is platted and the street is built. In this manner the City can assure the proper construction of the street network. In this case if the remainder of Heinz Road between the mobile home park entrance and the proposed east-west parkway is not built, and the property to the south changes ownership, the burden of constructing the remaining section of Heinz Road will fall with the future property owner. The property on the south would benefit from secondary access but would have no direct benefit from an improved frontage. For this reason staff recommends that a portion of Heinz Road adjacent to the remainder of Lot 4 be final platted. In lieu of its actual construction at this time, it may be appropriate to consider an escrow or a letter of credit for the cost of the street construction. The public sidewalks adjacent to the east and south side of Lot 4 cannot be constructed until the streets in these areas are built. Normally, these sidewalks would be constructed with the development on Lot 4. Staff would recommend that an escrow be required for the construction of these walks or that approval of the manufactured housing park be phased so that the City would have the opportunity to require escrow for the construction of these sidewalks if the adjacent streets are not built prior to placement of mobile homes on the adjacent sections of the manufactured housing park. The legal papers should address this concern. The applicant has indicated that they do not intend to build on Lots 1 and 3 until after initial development of the manufactured housing park is established. Staff therefore recommends that the legal papers require that a sidewalk be constructed on the street frontages of Lot 1 and 3 at the time Heinz Road is built adjacent to these lots. We believe th~s is necessary to assure that the population of the manufactured housing park has the safest access possible to the bus stop which is located to the northwest of this development. Portions of the stormwater management facilities shown on the preliminary plat are located outside the boundaries of the proposed final plat. These facilities must be installed with the construction of this plat. These facilities are covered by easements and should be addressed in the legal papers. Requirements for installation of elements of the storm water mitigation plan for the protection of the wetlands in the Sugar Creek Bottoms are addressed in the legal papers and on the final plat. Approximately one acre of open space ~s being dedicated to the City with this final plat. This open space is shown as Outlet A, located along the western boundary of the plat. It will allow for the connection of a trail between Whispenng Meadows Subdivision and future phases of Saddlebrook to the south. 4 STAFF RECOMMENDATION: Staff recommends that the final plat and manufactured housing park plan for Saddlebrook Part 1 be deferred. Upon resolution of the deficiencies and discrepancies listed below, staff recommends that the final plat of Saddlebrook Part 1 and the manufactured housing park plan for Lots 3 and 4 be approved subject to approval of construction plans and legal documents prior to City Council consideration of the final plat and plan. DEFICIENCIES AND DISCREPANCIES: Errors within the legal description should be corrected. The legal description on the final plat does not correspond with the description in the legal documents. = The final plat should include the portion of Heinz Road adjacent to lot 4. The legal papers should include provisions guaranteeing the construction of Heinz Road to the south of the Manufactured Hosing Plan entrance. Final Site Plan. The egal papers should contain provisions guaranteeing the future construction of the public sidewalk on the east and south side of lot 4. The legal papers should specify that public sidewalks will be built on lots 1 and 3 at the time of construction of Heinz Road. Additional items may be added after Public Works review of a revised final plat. ATTACHMENTS: 1. Location Map. 2. Final Plat. St Irep~$UB0028 RM Approved by: Department of Planning and Community Development LOCATION MAP $UB~5-0028, $UB~5-002~ SADDL~BROOK, PA~T! H,J. HEINZ FOLLOWING IS BEST DOCUMENT AVAILABLE j. DOCUMENT AVAILABLE FOLLOWING IS m~ BEST DOCUMENT AVAILABLE .................................... ~ddoc.k Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City. IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING FINAL SITE PLAN OF LOTS 3 AND 4, SADDLEBROOK ADDITION, PART 1, IOWA CITY, IOWA. WHEREAS, in accordance with Iowa City Code Article 14-4D, the owner, Lake Calvin Properties, filed with the City Clerk the final site plan of Saddlebrook, Lots 3 and 4, a Manufactured Housing Park, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said site plan is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Lots 3 and 4 Saddlebrook Addition, Part 1, Iowa City, Iowa. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final site plan, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final site plan and recommended that said final site plan be accepted and approved; and WHEREAS, said final site plan is found to conform with the design requirements set forth in Article 14-4D of the City Code, entitled "Manufactured Housing Parks", and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: The final site plan located on the above-described real estate be and the same is 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 site plan, and to certify a copy of this resolution, which shall be affixed to the final site plan after passage and approval by law. The City Clerk is also hereby directed to record the legal documents and the final site plan in the office of the County Recorder of Johnson County, Iowa, at the Owner's expense. Passed and approved this day of , 1996. ATTEST: CITY CLERK ppdedmln~sdleb r f n. res MAYOR Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St.. Iowa City, IA 52240; 319-356-5251 RESOLUTION NO. 96-196 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR RIDGE - PARTS SEVEN & EIGHT WHEREAS, the owner, Arlington, L.C., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Windsor Ridge - Parts Seven & Eight; 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 both the City Code and with the State Code of Iowa I1995). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of Windsor Ridge - Parts Seven & Eight, 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 as provided by law. Passed and approved this 2nd day of Ou]~v ,1996. ATTEST: ~.~ ',.,i,~_,~ '~. CITY"iSLERK MAYOR Resolution No. 96-196 Page 2 It was moved by _ Kubby and seconded by adopted, and upon roll cell there were: Norton AYES: NAYS: ABSENT: X Baker ~,, ~{ ,,, Kubby X Lehman X Nor~on --X--- Novick ~( Thornberry X Vand~rhoef the Resolution be Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319)356-5251 RESOLUTION NO. 96-197 RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE - PART SEVEN WHEREAS, the owner, Arlington, LC., filed with the City Clerk the final plat of W~ndsor Ridge - Part Seven, Iowa City, Johnson County, Iowa; and 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 (1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA GITY, IOWA, THAT: The 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 streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 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 also 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 2rid day of ,.July ,1996. ATTEST: ,/~~ CITY'CLERK MAYOR Resolution No. 96-197 Page 2 It was moved by Kubb¥ and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X the Resolution be Baker Kubby Lehman Norton Novick Thornberw Vanderhoef STAFF REPORT To: Planning and Zoning Commission item: SUB96-0011/SU896-0012 Windsor Ridge - Parts Seven & Eight GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: Prepared by: Melody Rockwell Date: June 6, 1996 John Moreland, on behalf of property owner Arlington, L.C., 586 Highway 1 West Iowa City, IA 52246 Phone: 354-0581 Preliminary plat approval of Windsor Ridge - Parts Seven & Eight, and final plat approval of Windsor Ridge - Part Seven To permit development of 39 single- family residential lots North of American Legion Road and west of Taft Avenue Windsor Ridge - Parts Seven & Eight preliminary plat: 22.05 acres; Windsor Ridge - Part Seven final plat: 8.75 acres Vacant; RS-5 North East - South West Undeveloped, Agricultural; RS- 5, County RS Residential, agricultural; Coun- ty RS, A1 Residential; RS-5 Residential, golf course; Coun- ty RS Low Density Single-Family Residential Subdivision Regulations, Grading Ordi- nance, Stormwater Management Ordi- nance, Zoning Chapter April 25, 1996 45-da¥ limitation period: June 10, 1996 (preliminary and final plats) 60-day limitation period: June 24, 1996 (final plat) SPECIAL INFORMATION: Public utilities: Utilities, including water service, sani- tary sewer service and storm sewers will be provided by the applicant. Public services: Sanitation service as well as police and fire protection will be provided by the City. Transportation: Vehicular access is available from the south via American Legion Road/Arlington Drive, or American Legion Road/Barrington Road. Transit: The closest available routes are Court Hill with a bus stop at Friendship and Court streets, and Towncrest with a bus stop at Village Green Road and Muscatine Avenue. No transit service to the Windsor Ridge Development is available or anticipated in the near future. Physical characteristics: Gently rolling land interspersed with grassy drainageways. Sensitive Areas Ordinance: The Sensitive Areas Inventory Map - Phase I indicates a wooded area and a stream corridor within the subdivision request area. The wooded area was largely removed during site grading activities prior to the passage of the Sensitive Areas Ordinance. A Sensitive Areas Site Plan has been prepared by the applicant's engineer and will need to be approved administratively prior to development activities occurring within Windsor Ridge - Parts Seven & Eight. BACKGROUND INFORMATION: John Moreland, on behalf of property owner Arlington, L.C., requests preliminary plat approval for Windsor Ridge - Parts Seven & Eight, a 22.05 acre, 39 lot residential subdivision with three cutlots, and final plat approval of Windsor Ridge - Part Seven, an 8.75 acre, 16 lot residential subdivision with two outlots. Windsor Ridge - Parts Seven & Eight are located north of American Legion Road and west of Taft Avenue; Part Seven is at the north terminus of Arlington Drive, and Part Eight is located on Barrington Road extended. This area originally received preliminary plat approval on August 3, 1993; that preliminary plat approval expired on February 3, 1995. Outlot "B," which is generally aligned along a stream corridor, is intended to be deeded to the City for neighborhood open space use. A note on the plats indicates that Outlot "B" shall be deeded to the City of Iowa City for public park and/or parkway use. Prior to being deeded to the City, Outlot "B" shall be maintained by the homeowners association. Outlot "l," which is located within the Canterbury Court loop, as well as the teardrop cul-de-sac Outlot "H" on Southchase Court will be maintained by a homeowners association. ANALYSIS: Comprehensive Plan. Prior to its annexation into the City, the proposed Windsor Ridge Subdivision was located within an area designated in the Comprehensive Plan as Fringe Area 5. According to the Comprehensive Plan, Fringe Area 5 is expected to develop for residential uses at low to medium densities. The proposed plats for Windsor Ridge - Parts Seven & Eight are consistent with the land use policies set forth in the Comprehensive Plan for this area on the east edge of Iowa City. Zoninq Ordinance. The residential plats for Windsor Ridge have been reviewed, and appear to conform with the general requirements of the RS-5, Low Density Single-Family Residential zone, Secondary Access. At the time the preliminary plat for Windsor Ridge - Parts Two through Eleven was being considered in 1993, staff noted concern about the provision of secondary access to this subdivision. When completely built out, Windsor Ridge will have multiple means of access that will be adequate to serve the subdivision. It was understood that during the initial phases of construction, lots feeding off Arlington Drive would have a single means of access. Staff indicated in 1993 that secondary access should be provided at the time Canterbury Court received final plat approval. The necessity of providing a secondary means of access to a subdivision involves several subjective factors: When will the streets become overburdened with traffic? Do physical features exist which would inhibit emergency vehicle response if the single means of access is blocked? A checklist of factors approved by the Planning and Zoning Commission in 1992 is used to conduct staff analysis concerning secondary access. Because Arlington Drive and Barrington Road are collector streets, traffic levels for the Windsor Ridge Subdivision, including Parts Seven and Eight, should be acceptable. The factors that enter into the secondary access evaluation relate to Arlington Drive; it has a nearly 8% grade and a drainageway culvert at the Arlington Drive intersection with American Legion Road. Both of these factors increase the probability that the only means of access could be impassable. The applicant has requested that Canterbury Court receive preliminary and final plat approval prior to providing secondary access via the Huntington Drive connection, which is proposed to connect Arlington Drive and Barrington Road north of Parts Seven and E~ght. In evaluating secondary access for this development, staff noted that Arlington Drive, as constructed, actually has slightly less than an 8% slope, and the culvert at the drainageway crossing near the Arlington Drive intersection with American Legion Road is larger and wider than is the case for most culverted crossings. These factors mitigate against the need to provide secondary access immediately. However, there are 63 lots currently platted along Arlington Drive. If Part Seven is final platted, there will be 16 additional lots, or a total of 79 lots with a single means of access. Secondary access should be provided within a reasonable time period for this number of lots. According to the City's secondary access guidelines, for a situation requiring secondary access, a single means of access may be permitted as a temporary condition if there is written assurance that "the road which would provide secondary access will be constructed within three years." Staff views three years as a reasonable time period for the developer to provide secondary access, and therefore recommends that the final plat approval of Part Seven (Canterbury Court) be subject to a three year time limit; that is, three years from the time of final plat approval for Part Seven, no additional building permits will be issued for Part Seven, and no further platting of lots accessing Arlington Drive will be permitted until or unless a permanent means of secondary access is constructed for Arlington Drive. Staff recommends that this condition be made part of Subdividers Agreement for Part Seven. Neighborhood Open Space. The provision of public open space within the Windsor Ridge development more than meets the conditional zoning agreement provision that "the open space will consist of a centrally-located four acre neighborhood park with the remaining 2.9 acres developed as greenway trails linking the above-described tract of land to Scott Park." A portion of Outlot "B," which is shown as an outlot for both Parts Seven & Eight, is an extension of a 22.25 acre tract containing a large wetbottom stormwater detention basin and eight-foot wide concrete recreational pathways. On May 11, 1 993, the Parks and Recreation Commission reviewed a pre-preliminary plat of Windsor Ridge, and indicated its willingness to consider 0utlot "8" as appropriate neighborhood open space in addition to the northerly parkways adjacent and connecting to Scott Park. The design of Outlot "B" has not changed substantially since 1993. The amount of land proposed to be dedicated to the City for open space more than meets the requirements of the neighborhood open space ordinance for a 6.9 acre neighborhood park. Prior to the City's acceptance of the maintenance responsibilities for Outlot "B," the developer must construct the proposed walkways (trad) to conform with the Americans with Disabi!ities Act (ADA) requirements. Compliance with Subdivision Requlations. In accordance with the City's annexation policy, the developer has agreed to pay for all of the costs associated with providing infrastructure, including the construction of sewer lines, water mains and streets, for the Windsor Ridge Subdivision. The developer is expected to pay full costs for all oversized infrastructure as well as the local facilities. A Grading Plan for Windsor Ridge - Parts Seven & Eight has been submitted and is being reviewed by the Public Works Department. The Grading Plan will need to be approved prior to Council consideration of the preliminary plat for Parts Seven & Eight. Construction plans and final stormwater calculations are being reviewed for Part Seven and must be approved by the Public Works Department prior to Council consideration of the final plat for Part Seven. Legal papers are being reviewed by the City Attorney's Office and must be approved prior to Council consideration of the final plat for Part Seven. 5 STAFF RECOMMENDATION: Staff recommends that SUB96-0011, the preliminary plat of Windsor Ridge - Parts Seven & Eight, a 22.05 acre, 42 lot residential subdivision located in the RS-5 zone north of American Legion Road and west of Taft Avenue be approved, subject to approval of the Grading Plan by the Public Works Department prior to Council consideration of the preliminary plat. Staff recommends that SUB96-0012, the final plat of Windsor Ridge - Part Seven, an 8.75 acre, 17 lot residential subdivision located in the RS-5 zone north of American Legion Road and west of Taft Avenue be approved, subject to the Subdivider's Agreement specifying that three years from the time the final plat for Windsor Ridge - Part Seven is approved, no additional building permits will be issued for Part Seven and no further platting of lots accessing Arlington Drive will be approved until or unless a permanent means of secondary access is constructed for Arlington Drive, and subject to construction plans and final stormwater calculations being approved by the Public Works Department and the legal papers being approved by the City Attorney's Office prior to Council consideration of the final plat. ATTACHMENT: 1. Location Maps 2. Map of Existing/Proposed Windsor Ridge Lots ACCOMPANIMENTS: 1. Preliminary and final plats Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION MAP SUB96-0011 WINDSOR RIDGE PARTS SEVEN AND EIGHT PRELIMINARY PLAT LP. ART S[~V[N I -] CRY OF 10WA CITY CORPORATE UMITS [_~A~T-'~mHTI FOLLOWING IS I~EST DOCUMENT AVAILABLE Preliminary Plat ?::~:__. .......... . _-~ - ~r,~ ~'-Z~_~_~?~-~-,~,.~.',~ ,i~ ,,:_~..~ Iowa CiLy. Iowa LOCATION MAP NOT TO SCALE LOCATOON MAP $UB~O-001~ WlND80~ RODO~, PART $~V~N ~INAL PLAT CITY OF IOtYA CI1Y CORPORATE UMIT~ / / / I/I L ! i FOLLOWING IS BEST DOCUMENT AVAILABLE 71 - ~. -~ -'L;I.1 ! 7. ~1 FINAl, PLAT MMS Co~sm~. l~c.' ~1 ~ I,'1 1151., ~ tl ~,~ ~)~ : ¢ []; I0~ CITY,. ~OWA ID..RS 4 RS8 RS5 PROPOSED PART PROPOSED SEVEN = 16 PART EIGHT LOTS = 23 LOTS WINDSOR RIDGE - THREE = 22 LOTS ONE TWO = 34 LOTS FIVE = 16 LOTS / I I ! PART FOUR [ 22 LOTS PART ~ = 7 LOTS ARLINGTON DRIVE LOTS PARTS ONE.& TWO = 34 PART THRE~ = 22 7 PART SIX [ PART SEVEN =1-6-- TOTAL 79 BARRINGTON ROAD PART FOUR = 22 PART FIVE 16 PART EIGHT = 23 TOTAL 61 // Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City. IA 52240; 319-356-5144 RESOLUTION NO. 96-198 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE- MENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% 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 16th day of July, 1996. Thereafter the bids will be opened by the City Engineer or 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 16th day of July, 1996, or at such later time and place as may then be fixed. Passed and approved this ;~nd day of ~]u ]~v , 1996. MAYOR Approved ~y Oty Atto y 'ce Resolution No, 96-198 Page, 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X T X X X ~<~h~ ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Rick Fosse. City Engineer, 410 E. Washington St., Iowa City, [A 52240 (319) 356-5143 RESOLUTION NO. 96-199 RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE SOCCER SITE ACCESS ROAD PROJECT. WHEREAS, the City of Iowa City has undertaken a project to construct an access road to the soccer fields located at the South Wastewater Treatment Plant, which project is known as the Soccer Site Access Road Project ("Project"); and WHEREAS, the Project includes acquisition of a sixty-six foot (66') wide right-of-way, togeth- er with installation of a twenty-four foot (24') wide gravel surface roadway in order to provide access to the soccer fields from a northerly direction; and WHEREAS, the City Council has been advised and has determined that the acquisition of right-of-way and temporary construction easements is necessary for construction of the Project; and WHEREAS, the City Engineer is determining the location of the necessary right-of-way and temporary construction easements; and WHEREAS, the City staff should be authorized to acquire said right-of-way and temporary construction easements at the best overall price and cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to acquire right-of-way and temporary construction ease- ments for the construction of the improvements included in the Soccer Site Access Road Project, and acquisition of said right-of-way and temporary construction ease- ments constitutes a valid public purpose. City staff is hereby authorized and directed to negotiate the purchase of rightof-way and temporary construction easements for the construction of the Project. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute Right-of-way and Temporary Construction Easement Agreements for recor- dation in the Johnson County Recorder's Office at the City's expense. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event right-of-way and temporary construction easements cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condem- nation proceedings for the acquisition of such right-of-way and temporary construction easements. Resolution No. 96-199 Page 2 Passed and approved this 2nd day of July , 1996. ATTEST: ~ CITY CLERK MAYOR Appro~ved by,_ Cit~ Attorney s Office ~....~ ~'-~'~ It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoefthe Resolution be AYES: NAYS: ABSENT: X X X X X x X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5143 RESOLUTION NO. 96-200 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SOCCER SITE ACCESS ROAD PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE- MENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% 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 16th day of July, 1996. Thereafter the bids will be opened by the City Engineer or 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 1 6th day of July, 1996, or at such later time and place as may then be fixed. Passed and approved this 2nd day of July ,1996. ATTEST: ~'l,~z~,.,.~.-,.,-~ ~ ' '" CITY CLERK MAYOR Approved by City Attorney's Office Resolution No, 96-200 Page 2 It was moved by Nn~tnn and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X , X ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City. IA 52240; 319-356-5144 RESOLUTION NO. 96-201 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE ABBEY LANE SANITARY SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE- MENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 1 0% 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 16th day of July, 1996. Thereafter the bids will be opened by the City Engineer or 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 16th day of July, 1996, or at such later time and place as may then be fixed. Passed and approved this 2nd day of July ,1996. CITY CLERK MAYOR Apprpv,ed ~,ity Attorney s Office~ Resolution No. 96-201 Page 2 It was moved by Vanrl~rho~f and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Council Member Vanderhoef moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member Norton seconded the motion and the roll being called thereon, the vote was as follows: AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton NAYS: None Council Member Vanderhoef introduced the following Resolution entitled "RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $295,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1996, AND LEVYING A TAX TO PAY THE NOTES" and moved that it be adopted. Cotmoil Member Norton seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Novick, Thornberry, Vanderhoef, Baker, Kubby, Lehman, Norton NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 96-202 RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $295,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1996, AND LEVYING A TAX TO PAY THE NOTES WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and -3- WHEREAS, the Issuer is in need of funds to pay costs of equipping the Fire Depa~hnent, including purchase of a fire truck, for an essential corporate purpose, and it is deemed necessary and advisable that a form of Loan Agreement be approved and authorized and General Obligation Capital Loan Notes, Series 1996, in the amount of $120,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as mended, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the Notes, and the Council is therefore now authorized to proceed with the issuance of the Notes: WHEREAS, the Issuer is in need of funds to pay costs of the improvement and equipping of recreation grounds, including a lighting project at the University Softball Complex, for a general corporate purpose, and it is deemed necessary and advisable that General Obligation Capital Loan Notes in the amount of $175,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000, but not more than 75,000; and WHEREAS, pursuant to notice published as required by Sections 384.24, 384.24A, 384.25 and 384.26 of the city Code of Iowa, as amended, this Council has held a public meeting and heating upon the proposal to institute proceedings for the issuance of the Notes, and the Council is therefore now authorized to proceed with the issuance of the Note; and WHEREAS, pursuant to Sections 384.24, 384.24A, 384.25, 384.26 and 384.28 of the City Code of Iowa, as amended, it is hereby found and determined that the various general obligation capital loan notes authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Capital Loan Notes as hereinafter set %rth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: (a) "Beneficial Owner" shall mean, whenever used with respect to a Note, the person in whose name such Note is recorded as the beneficial owner of such Note by a Participant on the records of such Participant or such persofts subrogee; (b) "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Notes; (c) "DTC" shall mean The Depository Trust Company, a New York corporation, New York, New York; (d) "Issuer" and "City" shall mean the City of Iowa CiW, Iowa; (e) "Loan Agreement" shall mean a Loan Agreement between the Issuer and a lender or lenders in substantially the form attached to and approved by this Resolution; (f) "Notes" shall mean $295,000 General Obligation Capital Loan Notes, Series 1996, authorized to be issued by this Resolution; (g) "Note Fund" shall mean the fund required to be established by Section 4 of this Resolution; (h) "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Notes as securities depository; (i) "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Notes as the same shall become due; 0) "Project" shall mean the costs of equipping the Fire Department, including purchase of a fire truck and the improvement and equipping of recreation grounds, including a lighting project at the University Softball Complex; (k) "Project Fund" shall mean the fund required to be established by this Resolution fbr the deposit of the proceeds of the Notes; (1) "Rebate Fund" shall mean the fund so def'med in and established pursuant to the Tax Exemption Certificate; (m) "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Notes. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Notes; -5- (n) "Representation Letter" shall mean the Blanket Issuer Letter of Representations from the Issuer to DTC, with respect to the Notes; (o) "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Finance Director and delivered at the time of issuance and delivery of the Notes; and (,p) "Treasurer" shall mean the Finance Director or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. Section 2. The form of Loan Agreement in substantially the form attached to this Resolution is hereby approved and is authorized to be executed and issued on behalf of the Issuer by flae Mayor and attested by the City Clerk. Section 3. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Notes hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable properly in Iowa City, Iowa, to-wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $49,470 1996/1997 * 78,000 1997/1998 74,750 1998/1999 71,500 1999/2000 68,250 2000/2001 * If not collected from previously budgeted funds to be added to succeeding year. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 1995, will be collected during the fiscal year commencing July 1, 1996). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the County Auditor of Johnson County Iowa, and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 3 of this Resolution, in like manner -6- as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Notes issued in anticipation of the tax, and for no other purpose whatsoever. (c) Additional Ci~ Funds Available. Principal and interest coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 4. Note Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the UGENERAL OBLIGATION CAPITAL LOAN NOTE FUND 1996 NO. 1" (the "Note Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Notes hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City fxom railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Depariment of Revenue. Section 5. Application of Note Proceeds. Proceeds oftheNotes other than accrued interest except as may be provided below shall be credited to the Project Fund and expended only for the purposes of the Project. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Notes at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest oppommity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Note Fund. Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 1995 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured fi'om time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured by a valid pledge of dkect obligations of the United States Government having an equivalent market value. All such interim -7- invesmaents shall mature before the date on which the moneys are required for payment of principal of or interest on the Notes as herein provided. Section 6.1. DTC - Registration. All of the Notes shall be registered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Note registered in the name of Cede & Co. shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Notes at the address indicated in or pursuant to the Representation Letter. Section 6.2. The Notes shall be initially issued in the form of separate single authenticated fully registered Notes in the amount of each separate stated maturity of the Notes. Upon initial issuance, the ownership of such Notes shall be registered in the registry books kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Registrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Notes registered in its name for the ptaposes of payment of the principal or redemption price of or interest on the Notes, selecting the Notes or portions thereof to be redeemed, giving any notice permitted or required to be given to registered owners of Notes under the Resolution of the Issuer, registering the transfer of Notes, obtaining any consent or other action to be taken by registered owners of the Notes and for all other purposes whatsoever; and neither the Paying Agent and Registrar nor the Issuer shall be affected by any notice to the contrmy. Neither the Paying Agent and Registrar nor the Issuer shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Notes under or through DTC or any Participant, or any other person which is not shown on the registration books of the Paying Agent and Registrar as being a registered owner of any Notes, with respect to the accuracy of any records maintained by DTC or any Participant; with respect to the payment by DTC or any Participant of any amount in respect of the principal or redemption price of or interest on the Notes, with respect to any notice which is pertained or required to be given to owners of Notes under the Resolution, with respect to the selection by DIC or any Participant of any person to receive payment in the event of a partial redemption of the Notes, or with respect to any consent given or other action taken by DTC as registered owner of the Notes. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Notes only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satis~ and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on' the Notes to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Note for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Paying Agent and Registrar of written notice to the effect that DTC has -8- determined to substitute a new nominee in place of Cede & Co., the Notes will be transferable to such new nominee in accordance with Section 6.6 hereof. Section 6.3. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Note certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will notify the Participants, of the availability through DTC of Note certificates. In such event, the Notes will be transferable in accordance with Section 6.6 hereof. DTC may determine to discontinue providing its services with respect to the Notes at any time by giving notice to the Issuer and the Paying Agent and Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Notes will be transferable in accordance with Section 6.6 hereof. Section 6.4. Notwithstanding any other provision of the Resolution to the contrary, so long as any Note is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on such Note and all notices with respect to such Note shall be made and given, respectively to DTC as provided in the Representation letter. Section 6.5. In connection with any notice or other communication to be provided to Noteholders by the Issuer or the Paying Agent and Registrar with respect to any consent or other action to be taken by Noteholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for such consent or other action and give DTC notice of such record date not less than 15 calendar days in advance of such record date to the extent possible. Notice to DTC shall be given only when DTC is the sole Noteholder. Section 6.6. In the event that any transfer or exchange of the Notes is permitted under Section 6.2 or 6.3 hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar fxom the registered owners thereof of the Notes to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee. In the event Note certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Notes, or other securities depository as holder of all the Notes, the provisions of the Resolution shall also apply to, among other things, the printing of such certificates and the method of payment of principal of and interest on such certificates. Section 6.7. The officers of the Issuer are hereby authorized and directed to prepare and furnish to said purchaser, and to the attorneys approving the legality of said Capital Loan Notes, certified copies of such proceedings, ordinances, resolutions and records and all such certificates and affidavits and other instruments as may be required to evidence the legality and marketability of said Notes, and all certified copies, certificates, affidavits and other instruments so furnished, including any heretofore furnished, shall constitute representations of the Issuer as to the correctness of all facts stated or recited therein. Section 7. Note Details, Execution and Redemption. (a) Note Details. General Obligation Capital Loan Notes, Series 1996, of the City in the total mount of $295,000, shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 384.24, 384.24A and 384.25 of the City Code of Iowa, as mended, for the aforesaid purpose. The Notes shall be issued in one or more series and shall be on a parity and secured equally and ratably from the sources provided in Section 3 of this Resolution. The Notes shall be designated "GENERAL OBLIGATION CAPITAL LOAN NOTE, SERIES 1996", be dated June 1, 1996, and bear interest fxom the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 1996, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Notes shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk, and impressed or imprinted with the seal of the City and shall be fully reg/stered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Notes shall be in the denomination of $5,000 or multiples thereof and shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 4.20% $35,000 1997 5.00% 65,000 1998 5.00% 65,000 1999 5.00% 65,000 2000 5.00% 65,000 2001 Section 8. Registration of Notes; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Notes may be transferred only by the making of an entry upon the books kept for the registration and transfer of -10- ownership of the Notes, and in no other way. The City Controller is hereby appointed as Registrar under the terms of this Resolution. RegisPar shall maintain the books of the Issuer for the registration of ownership of the Notes for the payment of principal of and interest on the Notes as provided in this Resolution. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. Co) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Notes and only upon surrender thereof at the office of the Regislrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transforce t~,~ :c,,, .~ · ~,, ,, ,,.g~otranon is to be made in the name of multiple individuals, of all such transfercos). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the infolmation pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal mount equal to the urnnatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Notes. In all cases of the transfer of the Notes, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Notes, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Notes and the premium, if any, and interest thereon shall be made only to or upon the order of tile registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by -11- the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non-Presentment of Notes. In the event any payment check representing payment of principal of or interest on the Notes is returned to the Paying Agent or if any note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Notes shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Notes shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, ,oAthout liabiliw for interest thereon, for the benefit of the owner of such Notes who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one note for each annual maturity. The Registrar shall furnish additional Notes in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and mount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. -12- Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Notes to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Note to the Paying Agent. Section 11. Execution. Authentication and Delivery of the Notes. The Mayor and Clerk shall execute and deliver the Notes to the Registtar, who shall authenticate the Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or obligatory for any purpose or shall be entitled to any fight or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Certificate of Authentication substantially in the from of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder. -13- Section 13. Form of Note. Notes shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: / / / / / / / / I I I I I I I I I I I I I I I I I I I I I I I I I I I I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII (6) (7) (6) (8) (1) (2) (3) (4) (5) (9) (9a) (10) (continued on the back of this Note) (11) (12) (13) (14) (15) I//////I//11//I///I/////I//I//I/11////I////I///I//111//111/ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I FIGURE 1 (Front) -14- (10) (16) (17) (Continued) FIGURE 2 (Back) -15- The text of the Notes to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION CAPITAL LOAN NOTE" "SERIES 1996" "CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure I = Note Date: June 1, 1996 Item 5, figure 1 = Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $ Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registranon panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum offprincipal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 1996, and semiannually therealter on the 1st day of June and December in each year. interest and principal shall be paid to the registered holder of the Note as shown on the records of ownership maintained by the Registrar as of the 15th day of the month next preceding such interest payment date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent -16- for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. This Note is issued pursuant to the provisions of Sections 384.24A and 384.28 of the City Code of Iowa, as amended, for the purpose of paying costs of equipping the Fire Department, including purchase of a fire track and the improvement and equipping of recreation grounds, including a lighting project at the University Softball Complex, and in order to evidence the obligations of the Issuer under a certain Loan Agreement dated July 2, 1996, in conformity to a Resolution of the Council of the Issuer duly passed and approved. For a complete statement of the revenues and funds from which and the conditions under which this Note is payable, a statement of the conditions under which additional Notes of equal standing may be issued, and the general covenants and provisions pursuant to which this Note is issued, reference is made to the above described Loan Agreement and Resolution. Ownership of this Note may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Note at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered noteholders of such change. All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the provisions for registration and transfer contained in the Note Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Note, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territow of the Issuer for the payment of the principal and interest of this Note as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Note, does not exceed the constitutional or statutory limitations. -17- IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Note to be signed by the manual signature of its Mayor and attested by the manual signature of its City Clerk, with the seal of said City impressed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, the City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of Authentication: Item 12, figure 1 = This is one of the Notes described in the within mentioned Resolution, as registered by the City Controller. Item 13, figure 1 Item 14, riorare 1 Item 15, figure 1 CITY CONTROLLER, Registrar By: Authorized Signature = Registrar and Transfer Agent: City Controller Paying Agent: City Controller SEE REVERSE FOR CERTAIN DEFINITIONS = (Sea]) = [Signature Block] CITY OF IOWA CITY, IOWA By: (mauual signature) Mayor ATTEST: By: (manual signature) City Clerk Item 16, figure 2 = It is certified that the following is a correct and complete copy of the opinion of bond counsel issued as of the date of&livery of the issue of which this Note is a part. (manual/facsimile signature) City Clerk [Opinion of Bond Counsel] Item 17, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. .) the within Note and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Note on the books kept for registration of the within Note, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIGNATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond with the name(s) as written upon the face of the certificate(s) or Note(s) in every particular without alteration or enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) -19- Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Parmership Corporation Trust *If the Note is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Note, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of surv/vorship and not as tenants in common IA UNIF TRANS MIN ACT - .......... Custodian .......... (Cust) (Minor) under Iowa Uniform Transfers to Minors Act ................ (State) ADDITIONAL ABBREVIATIONS MAY BE ALSO USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution shall constitute a contract between said City and the purchaser of the Notes. Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Notes issued hereunder which will cause any of the Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the United States, and that throughout the term of the Notes it will comply with the requirements of said statute and regulations issued thereunder. -20- To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Notes to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 17. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certifies and covenants with the purchasers and holders of the Notes fi'om time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessar3, or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 18. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Notes if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Notes under applicable Federal law or regulations. Section 19. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. -21- PASSED AND APPROVED this 2rid dayof ~uly 1996. ATTEST: City Clerk Mayor POOODRIC~44730~III071~041 o22~ RESOLUTION NO. 96-203 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I-rEST TO A CHAPTER 28E AGREEMENT WITH JOHNSON COUNTY AND YELLOW CAB COMPANY FOR FY97 SUPPLEMENTAL PARATRANSIT TAXI SERVICE. WHEREAS, the City of Iowa City contracts with Johnson County SEATS to provide transit service for persons with disabilities; and WHEREAS, the City Council deems it in the public interest to supplement the contract with Johnson County SEATS by providing taxi service to Iowa City residents with disabilities who do not require a lift-equipped vehicle; and WHEREAS, based on competitive bids and the desire to have the flexibility for the best possible service for the riders, it is recommended that the City award a contract to Yellow Cab Company of Iowa City, Iowa, for the FY97 SEATS Supplemental Taxi Service; and WHEREAS, Chapter 28E, Code of Iowa (1995) provides that the City of Iowa City, as a public agency, may jointly exercise any powers with any other public agency having such powers; and WHEREAS, Chapter 28E further provides that public agencies may enter into an agreement with private agencies for joint or co-operative action; and WHEREAS, Iowa City, Johnson County and Yellow Cab Company have negotiated Chapter 28E Agreements for supplemental taxi service, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for taxi service to supplement the Johnson County SEATS program is hereby awarded to Yellow Cab Company, Iowa City, Iowa. The Mayor is authorized to sign and the City Clerk to attest the Chapter 28E Agreements between the City of Iowa City, Johnson County and Yellow Cab Company for supplemen- tal taxi service. The City Clerk is directed to file the Chapter 28E Agreements with the Secretary of State and record the Agreements in the office of the Johnson County Recorder. Passed and approved this.. 2nd day of July ,1996. ATTEST: C~K [ccog~'~yeliowcb.r es Approved by: Attorney's Office Resolution No. 96-203 Page 2 It was moved by Vanderheef and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X I ehman ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef CITY OF IOWA CITY CHAPTER 28E AGREEIVIENT FOR FY97 SUPPLEMENTAL PARATRANSIT SERVICE This Agreement is made and entered into on the Z dayof "~-~-~d .. ,199..6., by and between the City of Iowa City, Iowa, a municipal corporation {herinafter the City ); Johnson County, Iowa (hereinafter "the County"); and Yellow Cab Company of Iowa City {hereinafter "Yellow Cab"). WHEREAS, the City entered into a contract with Johnson County SEATS to provide transit service for persons with disabilities; and WHEREAS, it is in the public interest to supplement the contract with Johnson County SEATS by providing taxi service to Iowa City residents with disabilities who do not require a lift- equipped vehicle; and WHEREAS, Chapter 28E, Code of Iowa (1995) provides that a public agency may jointly exercise any powers with any other public agency having such powers; and WHEREAS, Chapter 28E further provides that public agencies may enter into an agreement with private agencies for joint or co-operative action, NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: Section I. Scope of Services, Yellow Cab shall supplement the City's paratransit service provided by Johnson County SEATS by providing transportation for City residents who, for reasons of disability, are unable to use the fixed route transit service. Section II. General Terms, The service area shall be the corporate limits of the Iowa City Urbanized Area. The Iowa City Urbanized Area consists of Iowa City, Coralville, and University Heights. Johnson County SEATS ("Special Elderly and Handicapped Transportation Services") shall administer the dispatching functions for the transportation services provided by Yellow Cab under this Agreement. The City shall be responsible for tracking the funds expended for the service. Clients must call the SEATS dispatcher to request transportation. The SEATS dispatcher will determine if the rider is eligible for the supplemental taxi serwce and, if so, will notify Yellow Cab of the trip, All trips must be arranged through the SEATS dispatcher. Yellow Cab shall not provide any trips in response to direct requests from clients. The SEATS dispatcher must authorize any additional stops not requested by the client. For the purposes of this program, a person with a disability is defined as an individual with ambulatory, manual, visual, audile, or mental impairments which seriously limit his or her ability to use a private automobile or fixed route transit for transportation. This includes persons restricted to wheelchairs or other mobility devices. A spouse or companion accompanying eligible persons shall also be eligible for rides from the supplemental taxi service. The taxi service shall provide trips which Johnson County SEATS vehicles cannot serve or may be better served by a taxi during SEATS hours of operation. 2 Yellow Cab reserves the right to refuse service to any disruptive passenger. Yellow Cab shall notify the SEATS manager of each instance where they refuse to serve a passenger. Yellow Cab shall notify the SEATS dispatcher if they will be late for a scheduled pickup. Yellow Cab shall also notify the SEATS dispatcher if they arrive to pick up a client and cannot locate the client (no shows). Yellow Cab shall assist passengers getting into and out of cabs and with carrying groceries and packages. Yellow Cab operators shall be sensitive to the needs of passengers with disabilities. The City shall reserve the right to require sensitivity training for Yellow Cab operators. To the extent required by the Federal Transit Administration, Yellow Cab will comply with applicable regulations regarding drug and alcohol testing. Yellow Cab shall be responsible for any and all costs associated with said drug and alcohol testing requirements. Section III. Compensation, Yellow Cab shall be reimbursed according to the rates submitted in Yellow Cab's contract bid: 93.75 per mile for the first mile, 9.90 for each additional half-mile, $1.00 for each additional stop, 9.50 per passenger charge. Each passenger may carry two (2) bags without additional charges, but shall be charged a 9.25 container charge for each bag, sack, or other item over two which the Yellow Cab driver physically carries for the passenger. For service provided during Iowa City Transit's regular hours of operation, Yellow Cab shall ask each rider to pay a fare of $1.50 for each trip. The City shall subsidize the remaining cost of the trip. 7he 91.50 fare shall be subtracted from the calculation of the trip charge which is presented by Yellow Cab to the City for reimbursement. Waivers to the $1.50 fare may be granted by the City. The fare for a passenger with a low income waiver is $.75. The City will subsidize the remaining cost of the trip. For service provided only within the Iowa City city limits between 10:30 p.m. and 6:00 a.m., Sunday-Saturday. Yellow Cab shall ask each rider to pay a 93.00 per trip fare to Yellow Cab. The City shall subsidize the remaining cost of the trip. Yellow Cab shall retain the 93.00 fare and the request for reimbursement shall reflect a 93.00 deduction from the total trip cost. Only trips for employment purposes will be eligible for reimbursement under this agreement. Yellow Cab shall make monthly requests for reimbursement from the City for the amount of the trip subsidy for all trips provided. Each request must include an itemization of the date, time, donation, origin, and destination of each trip including no- shows. Yellow Cab shall provide an invoice for the total amount of reimbursement. Copies of these records shall also be delivered to the Johnson County SEATS director for verification. Yellow Cab shall request reimbursement from the City for supple- mental taxi service trips which would have otherwise been provided by Iowa City Transit if the person had not had a disability. The City does not guarantee a minimum number of trips to Yellow Cab under this agreement. 3 Section IV. Indemnification. Yellow Cab agrees to defend, indemnify, and hold harmless the City, its officers, employees, and agents, from any and all liability or claims of damages arising from the provision of services under the terms of this Agreement. Section V. Assignment. Yellow Cab shall not assign, sublet, or transfer its interest in this Agreement without the City's written consent. Section VI. Discrimination. Yellow Cab 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 any 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. Section VII. Affirmative Action. Yellow Cab agrees to complete an equal opportunity policy statement at the City's request. Yellow Cab agrees Co permit a representative of the City to inspect their records concerning the supplemental taxi service during normal working hours. Section VIII. Duration. This Agreement shall be in effect from July 3, 1996, to June 30, 1997. The parties may agree to extend the term of this Agreement an additional 30 days. This Agreement may be terminated upon 30-days written notice by either the City or Yellow Cab. Section IX. Renewal. The City reserves the right to negotiate a one-year renewal of this Agreement at its discretion. Section X. Extent of Agreement. This Agreement shall be filed with the Secretaryof the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Chapter 28E, Code of Iowa (1995). This Agreement represents the entire agreement between the City, the County, and Yellow Cab for supplemental paratransit service. It may be amended only by a written instrument signed by all parties. CITY OF IOWA CITY, IOWA Na(/mi J. lyvig'k, Mayor Attest: _~./' City Clerk City Attorney's Office JOHNSON COUNTY, IOWA Board of Supervisors YELLOW CAB Norbert Schulte, General Manager tt.st: 5 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this Z day of ~.~ 19_~/~ , before me, S~I,r.~ ~,,./. , ~f Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in {OrdiRance).lResolution) No. ~&- 20;~ passed by the City Council, on the Z ~O day of ,.~ , 19. ~)~ , and that Naomi J. Novick and Marian K. Karr acknowledged t~e~ecution 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 JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) , ,~ Notary Public in and ~or the State of Iowa, p'ersonally appeared Don Sehr and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, 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 Board of Supervisors, as contained in the Motion adopted by the Board of Supervisors, on the ./~?/' day of /~.~. , 1 9 ~'/~ , and Don Sehr and Tom Slockett acknowledge the execut~oor~'~)D~he instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary~ublic in and for the State of Iowa 6 YELLOW CAB COMPANY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~.~- day of ,,.~.c.t~ , 19~)~,, before me, the undersigned, a Notary Public in and for said County,~,n said State, personally appeared ~[~tl-~ , to me known to be the identical personIs) named in and who executed the,~thin and foregoing instrument, and acknowledged that ~she/thev) executed the same as (h( h( h~/her/their) voluntary act and deed. Notary Public in and for the State of Iowa Icco ~t p~.suppt ax~.ic2 5 CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , 19__ before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, City of Iowa City, Iowa; that the seal affixed to the foregoing of the corporation, and that the instrument was signed and sealed on corporation, by rity of its City Council, as contained in (Ordinance) passe~ the City Council, on the day of 1 9 , and that instrument to be corporation, by it of the :e seal of the ~) No. J. Novick and Marian K. Karr acknowledged voluntary act and deed and the rily executed. execution of the and deed of the Notar~ for the State of Iowa COUNTY ACKI~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of a appeared Don Sehr and Tom SI< sworn, did say that they at, respectively, of corporate seal of the cori of the corporation, by (Resolution) No. under Roll Call No 19 of the corpor~ Iowa; t: and of its passed (the of the , and that D( to be their voluntary by it voluntarily executed. ,1 9 , before me, Public in and for the State of Iowa, personally me personally known, and, who, being by me duly of Supervisors Chairperson and County Auditor, I affixed to the foregoing instrument is the the instrument was signed and sealed on behalf of Supervisors, as contained in (Ordinance) adopted) by the Board of Supervisors, of Supervisors on the day of Sehr and Tom Slockett acknowledged the and deed and the voluntary act and deed Notary and for the State of Iowa PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MO1NES. IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 08/05/96 Marian K. Karr, CMC/AAE City Clerk 410 E. Washington St. Iowa City, IA 52240-1826 RE: Filing of 28E Agreement between the City of Iowa City and the Johnson County Dear Ms.. Karr, CMC/AAE: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of 08/05/96. Paul D0 Pate Secretary of State PDP/I~B Enclosures DEFEATED Prepared by: Anne Burnside, First Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356- 5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONSTRUCTION AT THE IOWA CITY MUNICIPAL AIRPORT OF A 100' BY 100' HANGAR BUILDING WITH A 20' BY 40' ATTACHED OFFICE AREA. WHEREAS, it is the intent of the Iowa City Airport Commission to attract and accommodate corporate and business aircraft at the Iowa City Municipal Airport; and WHEREAS, the proposed 1996 Airport Master Plan calls for additional hangar space which can accommodate such aircraft; and WHEREAS, the Airport Commission is currently negotiating with tenants to base their aircraft at the Airport; and WHEREAS, additional hangar space would be a capital asset for the Airport, which should increase airport revenue by increasing the number of based aircraft at the Iowa City Municipal Airport; and WHEREAS, the $356,900.00 cost of the project would be financed through an inter-fund loan, to be repaid through hangar rental fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Mayor is hereby authorized to sign and the City Clerk to attest a resolution authorizing the Airport Commission to proceed with construction of a 100' by 100' multi- plane hangar building with a 20' by 40' attached office area at the Iowa City Municipal Airport. Passed and approved this day of , 1996. ATTEST: CITY CLERK MAYOR Resolution No, Page DEFEATED It was moved by Kubby and seconded by adopted, and upon roll calltherewere: Lehman AYES: NAYS: ABSENT: X X X X --X X the Resolution be Baker Kubby Lehman NoF~on Nov)ok Thornberry Vanderhoef Prepared by: Linda Newman Woito, City Attorney, 410 E. Washington St., Iowa City, IA (319) 356-5030 RESOLUTION NO. 96-204 RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION WHEREAS, on August 17, 1995, the City of Iowa City, Iowa, through the City Attorney, filed a quiet title action in the Iowa Distdct Court in and for Johnson County, against the City of University Heights, Iowa, as a result of a dispute over the location of the corporate boundary limits between the two cities; and WHEREAS, University Heights filed a countemlaim in the same lawsuit, challenging Iowa City's assertions, and WHEREAS, in an effort to save expenses of prolonged litigation, the parties have negotiated a Stipulation of Settlement and Extended Easement Agreement, which both parties feel is in the public interest; and WHEREAS, it is appropriate to ratify said settlement, as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The above-named action, including the counterclaim, should be and is settled pursuant to the attached Stipulation of Settlement and Extended Easement Agreement by both cities in full satisfaction of the pending lawsuit, Docket No. 56724. The City Council for the City of Iowa City, Iowa hereby specifically approves said settlement as being in the best interest of the City of Iowa City. The settlement is hereby ratified, contingent, however, upon the City of Iowa City's dismissal of the pending lawsuit, and University Heights' dismissal of its counterclaim, which shall be filed with the Clerk of Court for Johnson County District Court in the above action and shall become effective upon Court approval. The Clerk and Mayor are hereby authorized to execute the Extended Easement, which shall be forwarded to University Heights for execution and be recorded at Iowa City expense. Said Extended Easement shall not take effect until completion of the new Melrose Avenue Bridge. Resolution No. 96-204 Page 2 Passed and approved this 2nd day of July ,1996. A1-FEST:~ CITY'CLERK MAYOR Approved by mey's Office It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X legal~u-ht~.res Thornberry the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef