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Home My WebLink About2004-06-15 Resolution M-r(", Œ1[] Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 04-171 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED LIST Passed and approved this 15th day of June ,20~. ¿:-~~ di! J_ A OR Approved by ATTEST:~'~") ~ K~ ~ Ò ~ 12-/~O~ ity Attor ey's Office CI LERK· It was moved by Champion and seconded by Wil burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman x O'Donnell X Vanderhoef X Wilburn -- -- - .-.-- - , ._. _"_.___u____·__·___~·· ~, Q.. 7 CIGARETTE PERMITS PRINTED : 16 -APR- 04 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE :¡, ~ J P1IþJI Þll£'I' ')7 OOOO~ -034Q1 C ~ & J MINI MBRT INC ~X LIQUOR STORE 01 01086 03402 C JAXXX LIQUOR STORE INC ~AMES 85 00074 03403 C MOTIF LTD ~E STREET BILLIARD CLUB 04 00001 C AVERSE II INC ~L LANES 85 00003 03404 C ERSHELL CORP ~ 95 00005 03405 C PERVALU INC ~S SHORT STOP CORPORATION 86 00022 03406 C ANIEL J GLASGOW .~ 85 00092 03462 V GER ENTERPRISES ~MART #1 87 00013 03407 C LI MART CORPORATION 'SWITCHED APP ADDRESS & BUS ADD FOR MAILINGS ~RT #2 87 00018 03408 C LI MART CORP ~ MART #3 98 00014 03409 C ELI MART CORP ~RT #5 99 00006 03410 C LI MART CORPORATION ~ 00 00017 03411 C UTHERN DISCOUNT DEN ~S STANDARD 92 00006 03412 C AUL ROZINCK ~ 85 00013 03413 C EE INC DUBLIN UNDERGROUND THE 93 00001 03414 V DUBLIN UNDERGROUND INC a. Q. t CIGARETTE PERMITS PRINTED : 16-APR-04 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~E STREET HAND I MART 90 00009 03415 C ~DSTROM OIL COMPANY PASO THE MEXICAN STORE ~Y STORES INC 95 00006 03417 C REWAY STORES INC ~ STORES INC #034 03 00007 03418 C REWAY STORES INC ~TERNAL ORDER OF EAGLES #695 98 00003 03419 C FRATERNAL ORDER OF EAGLES #695 ~ 91 00008 03420 V GABE 'S INC ~'S 95 00004 03421 C AP ENTERPRISES .~ EAST 00 00004 03422 C P ENTERPRISES INC ~ETOWN MARKET INC 04 00007 C GOOSETOWN MARKET INC ~ WALL 93 00011 03423 C AY AND CHI HO ~Y'S SOUTH SIDE PUB 99 00004 03424 C MDS ~'S PUB 02 00288 03464 C RAHAN INC ~ DRUG STORE #10 98 00001 03425 C RTIG DRUG COMPANY INC ~TOP LOUNGE 95 00003 03426 C . ILLTOP TAVERN LTD ~TOP SINCLAIR 85 00125 03427 C ILLTOP SINCLAIR ~EE FOOD STORE #1 85 00009 03428 C Y-VEE INC ~ FOOD STORE #2 85 00010 03429 C Y-VEE INC cl, Q, '1 CIGARETTE PERMITS PRINTED : 16-APR-04 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~ FOOD STORE #3 85 00011 03430 C Y-VEE INC = GAS (#1) 03 00004 03431 C Y-VEE INC ~'S GROCERY, INC. 85 00054 03432 C OHN'S GROCERY INC ~DAN VALLEY MARKET K-MART 85 00140 03433 C K-MART CORPORATION ~OOD HAWKEYE CONVENIENCE STORE 85 00135 03434 C LAND TRANSPORT CO ~ GO #422 85 00025 03435 C USE GENTLE OIL CORPORATION ~& GO #51 01 01087 03436 C UM&GOLC ~& GO #52 01 01088 03437 C UM & GO LC ~ GO #53 01 01089 03438 C ~C 'L MIGHTY SHOP, INC. 85 00045 03439 C & M MIGHTY SHOP INC ~ HOUSE LTD 03 00008 03440 C IQUOR HOUSE LTD ~DER OF MOOSE LODGE #1096 87 00005 03441 C YAL ORDER OF MOOSE LODGE #1096 ~AP 89 00004 03442 V IKES PLACE INC MILL RESTAURANT THE 04 00003 C IC MILL ASSOCIATES LLC ~T 96 00005 03443 C ISHNA INC fnJr1t1 , 0 OI...LOON S. EJ'...TER1f 130: OOOE>2 QJ lGJ "J JC rnJì1r1D"': INC PiC IIJ!;;, I\.~o.\"-V .- -- --~-"'--'--'~-'---'---~-----~'-------'---'- CIGARETTE PERMITS PRINTED : 16-APR-04 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ¿ DODGE EXPRESS 01 01090 03444 C D EXPRESS INC ¿ DODGE HANDlMART 00 00012 03445 C ORDSTROM OIL COMPANY ~ GO CONVENIENCE STORES 00 00002 03446 C N THE GO CONVENIENCE STORES INC ~ED JAKE'S 04 00004 C ONE POOR STUDENT INC ~RUG #5048 aZol S_ CX.\"\-t-oro 85 00116 03447 C ERICAN DRUG STORES INC ~G #5078 N\u.sc.ATINf Auf 02 00286 03448 C ERICAN DRUG STORES INC ~H MINI MART I'DACDFUL POOL O'-'-T 0"( ßlI$\NE£5 u3 00292 03445) C PEACEFUL FOOL IlJC ~ISIONS 98 00008 03450 C J INS INC JOE & FAYE GROBIN ~ 90 00007 03451 V WKEYE AMUSEMENT ~N'S BAR & DELI 99 00011 03452 C KE & MARTY ENTERPRISES INC ,RITQQ I 7\tl0CÐ !;::E!:RVICE- -<J5 Q0137 .D-345< C' _ .RfJW; H~C- ~ BLVD HAWKEYE CONVENIENCE STORE 00 00007 03454 C NLAND TRANSPORT COMPANY CAN AMOCO 97 00007 03455 C UBURBAN INVESTORS LC ~ AMOCO-KEOKUK STREET 98 00012 03456 C BURBAN INVESTORS, L.C. ¿THE 04 00005 C UMMIT STAURANT & BAR INC S SET HANDlMART 93 00008 03457 C ILLIAM D & DAVID V NORDSTROM d. C:. 7 CIGARETTE PERMITS PRINTED : 16 -APR- 04 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~MINI MART 03 00005 03458 C LLER PROPERTIES LLC ~ASE SPORTS BARS THE FIELDHOUSE 04 00002 C IRD BASE SPORTS BAR INC ~ BOWL 91 00009 03459 C SSISSIPPI VALLEY TOBACCO ~ACCO OUTLET PLUS #537 97 00008 03460 C KWIK TRIP INC ~MART #1721 92 00012 03465 C AL-MART STORES INC WA ENS 85 00029 03461 C LGREEN COMPANY ¿VA WE DELIVA 04 00006 C DGAR & CLARK MCGUIRE TOTAL CIGARETTE PERMITS: 71 ,J C( 7) CIGARETTE PERMITS PRINTED : 16-APR-04 PAGE: 1 DOING BUSINESS AS LICENSE #/ STICKER # APPLICANTS NAME / PURPOSE -O~4Ql C- ~X LIQUOR 03402 C JAXXX LIQUOR INC ~AMES 85 00074 03403 C MOTIF LTD =E STREET 04 00001 C AVERSE II INC ~L LANES 85 00003 03404 C ERSHELL CORP ~ 95 00005 03405 C PERVALU INC ~S SHORT STOP CORPORATION 86 00022 03406 C ANIEL J GLASGOW DEADWOOD 85 00092 03462 V RANGER ENTERPRISES ~MART #1 ADD COR MMLmG\ 87 00013 03407 C LI MART CORPORATION 'SWITCHED APP ADDRESS & ~RT #2 87 00018 03408 C LI MART CORP ~ MART #3 00014 03409 C ELI MART CORP ~RT 03410 C LI MART ¿ 03411 C UTHERN DEN 92 00006 03412 C \ 85 00013 tJ.,3413 C DUBLIN UNDERGROUND THE 93 00001 03414 V DUBLIN UNDERGROUND INC CIGARETTE PERMITS PRINTED : 16-APR-04 PAGE: 2 DOING BUSINESS A # APPLICANTS NAME PURPOSE ~E STREET HANDlMA 03415 C ~DSTROM OIL COMPANY PASO THE MEXICAN STORE ~Y STORES INC 03417 C REWAY STORES INC ~ STORES INC #034 03 00007 03418 C REWAY STORES INC ~TERNAL ORDER OF EAGLES #695 98 00003 03419 C FRATERNAL ORDER OF EAGLES #695 ~ 91 00008 03420 V GABE'S INC ~'S 95 00004 03421 C AP ENTERPRISES ~ EAST 00 00004 03422 C P ENTERPRISES INC ~ETOWN MARKET INC 04 00007 C GOOSETOWN MARKET INC ~ WALL 93 00011 03423 C AY AND CHI HO ~Y'S 00004 03424 C MDS HANRAHAN'S PUB 02 03464 C HANRAHAN INC ~ DRUG STORE # 03425 C RTIG DRUG COMPAN ~TOP 95 00003 03426 C ILLTOP éTOP 85 00125 C ILLTOP ~EE STORE #1 85 00009 0}~28 C Y-VEE , STORE #2 85 00010 03429 C CIGARETTE PERMITS PRINTED : 16-APR-04 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE / ~ FOOD STORE #3 85 yo 11 03430 C Y - VEE~C / ~ G S (#1) ;13 00004 03431 C Y-VEE IN\ ; / ~" GRO~NC / 85 00054 03432 C / OHN'S GROCE INC , ~DAN VALLEY MAR T / I K-MART / 85 00140 03433 C K-MART CORPORATI~ / I / ~OOD HAWKEYE CO 85 00135 03434 C LAND TRANSPORT CO / / ~ GO #422 .I 85 00025 03435 C RAUSE GENTLE ON / ~& GO #51 "~ 01 01087 03436 C UM & GO LC y; ~& GO #52 01 01088 03437 C UM & GO LC / I / ~ GO #53 / 01 01089 03438 C ~C .I 'L MIGHTY SHOP, INC. / 85 00045 03439 C & M MIGHTY SHOP INC / / ~ HOUSE LTD / 03 00008 03440 C , IQUOR HOUSE LTD , I LOYAL ORDER OF MO~ LODGE #1096 00005 03441 C LOYAL ORDER OF MO SE LODGE #1096 ~AP 03442 V IKES PLACE I MILL REST AU T THE 04 C IC MILL AS OCIATES LLC 96 00005 03443 C 8S 00062 GJiGJ 'J PI() ^Jtir- 1Z~~~1J CIGARETTE PERMITS PRINTED : 16 -APR- 04 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE ~MINI MART 03 00005 03458 C , LLER PROPERTIES , / 04 00;0 , ~ASE SPORTS FIELDHOUSE C IRD BASE SPORTS ~ BOWL \ 9~009 03459 C SSISSIPPI VALLEY TOBA' I ~ACCO OUTLET PLUS #537 h7 00008 03460 C KWIK TRIP INC / 92 00012 ~MART #1721 03465 C AL-MART STORES INC / / / / 85 00029 03461 C / WHAT EVA WE DELIVA 04 00006 C EDGAR & CLARK MCGUIRE TOTAL CIGARETTE PERMIT 71 - - .- ----_.__.~._- " .-_.,,-"..- MTC- a;:J Prepared by: Terry Trueblood, Parks & Rec, 410 E Washington St, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO, 04-172 RESOLUTION SETTING A PUBLIC HEARING FOR JULY 6 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR INSTALLING A NEW LIGHTING SYSTEM ON MERCER PARK BASEBALL DIAMOND #1, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, IOWA, THAT: 1 , That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 6th day of July, 2004, at 7:00 p,m, in the Emma J, Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, 2, That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named 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, 3, That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Parks and Recreation Director in the office of the City Clerk for public inspection, Passed and approved this 15th day of June , 20--ºL-, ~./o 4/!~ A YOR . Approved by ATTEST: fl1fé;~--) R. .)¿".J ~~t; c-r~/v&,c City Attorne 's Office CITY CL: RK It was moved by Champion and seconded by Wilhurn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn parkslreslmercer-diam1.doc - -- -.-- ,-.-..-.-.--.--"----..-.....-..-.-.--..-....---,.'. :;[I Prepared by: Brian Boelk, Civil Engineer, 410 E, Washington St, Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 04-173 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE SOUTH GRAND AVENUE IMPROVEMENTS PROJECT STP-U-3715(627)--70-52. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said Agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for STP project STP-U-3715(627)--70-52 for the construction of South Grand Avenue Improvements Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement in duplicate between the City of Iowa City and the Iowa Department of Transportation. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 15th day~, 2004. ~,./;./. ~¿~ ayor ATTEST: 7J~~~Ad./ ~ ~ City Clerk Approved by: ¡/(rØI@r-e:Á (ø/~ lðJ~ , City Attorney's Office Resolution No. 04-173 Page 2 It was moved by Champion and seconded by Wil burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn April 2000 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID SURFACE TRANSPORTATION PROGRAM (STP) PROJECT RECIPIENT: City of Iowa City PROJECT NO.: STP-U-3715(627)--70-52 lOW A DOT AGREEMENT NO.: 6-04-STPU-18 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes a Surface Transportation Program (STP) project for funding under Sec. 133 (b) of Title 23, United States Code. The Transportation Equity Act for the 21st Century (TEA-21), enacted in 1998, reestablished the Surface Transportation Program (STP). Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees to provide STP funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: l. The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's contact person shall be the District 6 Local Systems Engineer. The RECIPIENT's contact person shall be Brian Boelk, P .E., City Engineer. .- Agreement No.: 6-04-STPU-18 Page 2 3. The RECIPIENT shall be responsible for the development and completion of the following described STP project: pee Widening on South Grand Avenue from Grand Avenue (north) to Melrose Avenue (south). 4. The RECIPIENT shall receive reimbursement of Federal STP funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated m the Johnson County Council of Governments Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 5. This agreement will become null and void if the project described in Section 3. drops out of the Johnson County Council of Governments current TIP or the approved current STIP prior to obligation of Federal funds. 6. The attached EXHIBIT I will apply and is hereby made a part of this agreement. Agreement No.: 6-04-STPU-18 Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6-04-STPU-18 as of the date shown opposite its signature below. ~J!Z2?~ Date July 22 , 2004 Title Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that Ernest W. Lehman , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a fonnal Resolution duly passed and adopted by the CITY, on the 15th day of June ,.2illM.. . Signed ~¿-,~/U;J ¡!. .¡¿~ Date Julv 22 , 2.lliM... City Clerk ofIowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By 'f t.9r~ Date /J~lI()f ;L , :lOi?¥ RogerR. Walton, P.E. Local Systems Engineer District 6 December 2003 EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement I. Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap/disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal-aid projects. 2. The RECIPIENT must receive notice of FHW A authorization from the DEPARTMENT before beginning any work for which federal-aid Reimbursement will be requested. The cost of work, occurring prior to securing FHWA authorization, will not be reimbursed with federal-aid funds. The RECIPIENT must contact the District Local Systems Engineer to obtain the procedures necessary to secure FHW A authorization. 3. The RECIPIENT shal1 take the appropriate actions and prepare the necessary documents to fulfill the FHW A requirements for project environmental studies including historical/cultural reviews and location/design approval. The Recipient shall complete any mitigation agreed upon in the FHW A approval document. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shal1 submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). 4. The RECIPIENT shal1 obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. 5. The project plans, specifications and project cost estimate (PS&E) shal1 be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. EXHIBIT 1 Page 3 may be eligible for Federal-aid reimbursement in accordance with the FHW A rules applicable to the type of utility involved and Iowa Code Chapter 306A. 13. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (lAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 14. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. As a condition for the Department to let project, the RECIPIENT agrees that the RECIPIENT has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the RECIPIENT is a city, the RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 384.102. ]5. ]f the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. ]6. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to the RECIPIENT. ]7. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of Insurance. ]8. If Federal-aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. ]9. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHW A) approval and obligation of Federal-aid funds. 20. The RECIPIENT shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. 21. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. EXHIBIT I Page 4 22. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or sums of Federal funds in the right of way to the DEPARTMENT. 23. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 24. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT IS overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. 25. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. 26. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such materials available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 27. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 28. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHW A. 29. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): April 2000 lOW A DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID SURFACE TRANSPORTATION PROGRAM (STP) P RECIPIENT: City of I PROJECT NO.: ST -U-3715(627)--70-52 This is an agreement b een the City of Iowa Ci , Iowa (hereinafter referred to as the RECIPIENT) and the 10 a Department of Trans ortation (hereinafter referred to as the DEPARTMENT). Iowa Co e Sections 306A and 7.44 provide for the RECIPIENT and the DEPARTMENT to enter i 0 agreements wi each other for the purpose of financing transportation improvement pr . ects on streets d highways in Iowa with Federal funds. The RECIPIENT proposes a Surfa Transpo on Program (STP) project for funding under Sec. 133 (b) of Title 23, United S tes Cod The Transportation Equity Act for ill 2 t Century (TEA-21), enacted in 1998, reestablished the Surface Transportation Program ( P). Federal regulations provide that the STP funds are to be administered by the DEP NT. Pursuant to the tenns of this agr; ement, plicable statutes, and administrative rules, the DEPARTMENT agrees to provo e STP fun ·ng to the RECIPIENT for the authorized and approved costs for eligible ite associated wi said improvements. In consideration of the fore ing and the mutual romises contained in this agreement, the parties agree as follows: 1. The RECIPIEN shall be the lead local gove ental agency for carrying out the provisions ofth· agreement. 2. All notices equired under this agreement shall e made in writing to the DEPARTM NT and the RECIPIENT's contact pers The DEPARTMENT's contact pe on shall be the District 6 Local Systems En . eer. The RECIPIENT's contact p on shall be Brian Boelk, P.E., City Engineer. Agreement No.: 6-04-STPU-18 Page 2 The RECIPIENT shall be responsible for the development and co following described STP project: PCC Widening on South Grand A venue from Grand Ave e (north) to Melrose Avenue (south). 4. RECIPIENT shall receive reimbursement of Fede I STP funds for authorized and proved project costs of eligible items. The po 'on of the eligible project costs paid Federal STP funds shall be limited to a imum of either 80 percent of eligible costs or the amo stipulated III the Johnson unty Council of Governments Trans rtation Improvement Program (TIP) and approv in the current Statewide Transp tion Improvement Program (STIP), whichever is ss. 5. This agreement 11 become null and voi if the project described in Section 3. drops out of the Johnsò County Council of overnments current TIP or the approved current STIP prior to bligation of Fed ral funds. 6. The attached EXHIBIT 1 / I i '- Agreement No.: 6-04-STPU-18 Page 3 SS WHEREOF, each of the parties hereto has executed this Agre -18 as of the date shown opposite its signature below. B ' ...2OM I, I am the Clerk of the CITY, and that Ernest W. Lehman the CITY was duly authorized to passed and adopted by the CITY, on June ,2004 . Signed ~ i'. June 15 ,2004 City Clerk ofIowa City, Iowa lOW A DEPARTMENT OF T Highway Division By Date ,- Roger R. Walton, P. Local Systems Engi eer District 6 July 1999 EXHIBIT 1 Standard Provisions for Federal-Aid Project Agreement 1. Si e this project is to be financed with local and Federal funds, t RECIPIENT shal ke the necessary actions to comply with applicable State and ederallaws and regula . ons. In II programs and activities of Federal-aid recipi ts, subrecipients, and cont ctors, no person in the United States s all be excluded from partici tion in, be denied the benefits of, or othetwise subjected to discrimi tion on the grounds of race, color, ational origin, sex, age or handicap/ . ability. The DEPARTMENT I detennine a Disadvantage Business En rise (DBE) Commitment on I Federal-aid projects. 2. The RECIPIENT shall take the appropriate ctions and prepare the necessary documents to fulfill the re irements of the D ARTMENT's Action Plan for project environmental studies inc ding historica cultural reviews and location/design approval. If fannland is to b acquired, ether for use as project right-of-way or pennanent easement, the RE IPIENT shall submit the U.S. Department of Agriculture Fannland Conversion Imp ct Rating fonn, when required, to the U.S. Natural Resources Conservation Se . e (NRCS). 3. The RECIPIENT shall obtain a ee nts, as needed, from railroad and utility companies and shall obtain proj t penni and approvals, when necessary, from the Iowa Department of Cultural airs (State istorical Society of Iowa; State Historic Preservation Officer), Iowa epartment of tural Resources, U.S. Coast Guard, U.S. Army Corps of Engine s and the DEPAR NT, etc. 4. The project plans, speci cations and project cost es . ate (PS&E) shall be prepared and certified by a profe sional engineer licensed to pra ice in the State of Iowa. The RECIPIENT shall su mit the plans, specifications and ther contract documents to the DEPARTMENT or review and authorization to let the roject. 5. If Federal-aid is quested for in-house engineering services, follow the proc ure outlined by the DEPARTMENT. The RE IENT, desiring to claim indirect osts under Federal awards, must prepare an indirect ost rate proposal and related ocumentation in accordance with the requirement of Office of Manageme and Budget (OMB) Circular A-87 - Cost Principles fo State, Local, and Indi ribal Governments. Reimbursement eligibility requires an direct cost rate prop sal to be certified by the governmental unit designated cognizant gency or the Fed al agency providing the largest amount of Federal funds to the gove mental unit. 6. If F deral-aid is requested for preliminary and/or construction engineering costs, the IPIENT will select a consultant(s) in accordance with the DEPARTMENT's consultant selection process. EXHffiIT 1 -2- 7. The RECIPIENT and the Consultant shall prepare a consultant c tract for engineering services in accordance with Title 23, Code of Federal Re ations, Part 2 - Administration of Negotiated Contracts (23 CFR 172). This is quired only if th CIPIENT uses federal funds for engineering services. 8. e contents of the consultant contract have been m ually approved, the RECIPI T shall execute the contract and forward the sam to the DEPARTMENT for authon tion only if federal funds are used for engineer' g services. 9. If preliminary ngineering is federally funded, if th 'do nothing" alternate is not selected, and if . ht-of-way acquisition for or act construction of the road is not started by the do of the tenth fiscal year foil ing the fiscal year in which the Federal-Aid Project agreement is executed, e RECIPIENT will repay to the DEPARTMENT an a unt equal to the amo t of Federal funds made available for such engineering. 10. The RECIPIENT shall acqu e the proj t right-of-way, whether by lease, easement or fee title and shall provi rei ation assistance benefits and payments in accordance with the procedure se forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shal contact the DEPARTMENT for assistance, as necessary, to ensure complianc WI the required procedures, even if no federal funds in Right of Way purch e are volved. The RECIPIENT will need to get environmental concurrence fore acqUl 'ng any needed right-of-way. With prior approval, hardship and pc ective buying possible. If the RECIPIENT requests Federal-aid participation r right-of-way ac isition, the RECIPIENT will need to get environmental con ence and Federal ighway Administration's (FHW A) authorization before p chasing any needed right- ~way. II. The RECIPIENT s all comply with the Policy for A ommodating Utilities on City and County Fede I-aid Highways Right of Way and t Policy for Accommodating Utilities on P . ary Road System when on State's ri of way. Certain utility relocation, alt tion, adjustment, or removal costs to the CIPIENT for the project may be eIig' Ie for Federal-aid reimbursement in accordance with the FHW A rules applicable 0 the type of utility involved and Iowa Code Chapter 06A. 12. Traffic ontrol devices, signing, or pavement markings installed w in the limits of this ß oject shall conform to the "Manual on Uniform Traffic Con I Devices for Stre ts and Highways" per 761 Iowa Administrative Code (lAC) Cha er 130. The sa ty of the general public shall be assured through the use of prop protective easures and devices such as fences, barricades, signs, flood lighting, an warning ights as necessary. The RECIPIENT shall forward a Federal-aid Project Development Certification final PS&E to the DEPARTMENT. Following FHWA's authorization, e DEPARTMENT will advertise the projects for letting and furnish the RECIPIEN with a sample letting package. The RECIPIENT shall comply with the public hearing requirements of the Iowa Code Section 384.102. -3- 14. f the project is to be accomplished via a contract awarded by competitiv idding, project will be let by the DEPARTMENT in accordance with its n al letting dures. After bids are received and reviewed, the DEPARTME will furnish CIPIENT with a tabulation of responsive bids received. 15. When let the DEPARTMENT, the DEPARTMENT will p pare an Iowa DOT Staff Action or concurrence to award the contract. The DE AATMENT will mail three (3) origi Is of the unexecuted contract(s) to the RECœ NT. 16. The RECIPIENT all take action to award the contract r reject all bids. Following award of contract a d signature by the lowest respo sive bidder, the RECIPIENT shall forward to the PARTMENT two (2) copie of the fully executed contract, two (2) copies of the rformance bond, and (2) copies of the certificate of Insurance. 17. the RECIPIENT will 18. The DEPARTMENT will prepare e ederal-aid Project Agreement and submit it for Federal Highway Administration HWA) approval and obligation of Federal-aid funds. 19. testing and construction Memorandums (I.M.'s). services according to its no 20. The project shall be co structed under the DEPART NT's Standard Specifications and applicable speci provisions. Prior to their use in the PS&E, specifications developed by the IPIENT for individual constructio items shall be approved by the DEPARTME 21. If the project r· ht-of-way is federally funded and if the ac I construction is not undertaken b the close ofthe twentieth fiscal year following t11 fiscal year in which the Federal- id Project agreement is executed, the RECIPIENT 11 repay the sum or sums ofF eral funds in the right of way to the DEPARTMENT. 22. IPIENT may submit to the DEPARTMENT periodic item ed claims for reimb rsement for eligible project costs. Reimbursement claims all include cerf ¡cation that all eligible project costs, for which reimbursement is req sted, have be completed in substantial compliance with the terms of this agreement. 23. he DEPARTMENT shall reimburse the RECIPIENT for properly document d and certified claims for eligible project costs, either by state warrant, or by crediting ther accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, th RECIPIENT shall reimburse the overpaid amount to the DEP AR TMENT. -4- Upon completion of the project described in this agreement, a professional en . eer nsed to practice in the State of Iowa shall certify in writing o the DE TMENT that the project was completed in substantial complianc with the plans d specifications set out in this agreement. Final reimburseme of Federal funds sha be made only after the DEPARTMENT accepts the projec s complete. 25. The RECIPIE shall maintain all books, documents, papers, ccounting records, reports and othe evidence pertaining to costs incurred r the project. The RECWIENT shall a 0 make such materials available at al easonable times during the construction pen and for three years from e date of final Federal reimbursement, for insp tionby the DEPARTMEN , FHWA, or any authorized representatives of the Fe ral Government. Cop· s of said materials shall be furnished by the RECWIENT requested. 26. d hold the DEPARTMENT harmless from any action or liability arising ut of e design, construction, maintenance, placement of traffic control devices, ins ec 'on or use of this project. This agreement to indemnify, defend and hold ha less applies to all aspects of the DEPARTMENT's application review d proval process, plan and construction reviews, and funding participation. 27. The RECWIENT shall maintai , or cause t be maintained, the completed improvement in a manner accep Ie to the DEP AR MENT and the FHW A. 28. Implementation of Clean Ir Act and Federal ter Pollution Control Act (Applicable to Contracts an Subcontracts which exceed 00,000): a. The RE lENT stipulates that any fac ity to be utilized in perfo nce under or to benefit from this agr ement is not listed on the E vironmental Protection Agency (EP A List of Violating Faci . ies or is under consideration to be liste . This is issued pur t to the requirements of the Clean Air Act, as amended, and t Federal Water Pollution Control Act, as amended. b. he RECWIENT agrees to comply with all of the re irements of Section 114 of the Clean Air Act and Section 308 of he Federal Water Pollution Control Act, and all regulations and guidel es issued thereunder. 29. rt of this agreement is found to be void and unenforceable, the re ns of this agreement shall remain in effect. 30. It i the intent of both parties that no third party. beneficiaries be created by a ement. -5- If the RECIPIENT elects to levy special assessments as a means of raising th ocal share of the total project costs, the RECIPIENT shall reimburse the DEPAR ENT I the amount that payments of Federal-aid and collections of special sessments, ex uding interest and penalties, exceed the total cost of the public i provement as esta ished by the provisions of Iowa Code Chapter 384. The IPIENT agrees that at uch time as its collections (exclusive of interest and pen ties which shall be retained the RECIPIENT) from special assessments levied or this project exceed the local hare of total projects costs, the RECIPIE shall refund to the DEPART T all funds collected in excess of the t I project costs (including interest and pe Ities associated with the amount of the xcess) within sixty (60) days of the receipt of y special assessment payments. e RECIPIENT shall notify the DEPARTMENT hen any lands specially as ssed no longer qualify for an agricultural deferm t of the special asses ent have been satisfied. The DEPARTMENT shal redit reimbursement . lings to the FHW A in the amount of refunds received from t RECIPIENT. 32. so executed and delivered s one and the same instrument. 33. This agreement, as set forth i ems I through 6 and EXHIBIT I paragraphs I through 33 herein, constitutes e e ire agreement between the DEPARTMENT and the RECIPIENT concemin is proj t. Representations made before the signing of this agreement are not mding, an neither party has relied upon conflicting representations in enteri into this agree ent. Any change or alteration to the terms of this agreement mus made in the fo of an addendum to this agreement. Said addendum shall beco e effective only upon itten approval of the DEPARTMENT and the RECIPIEN . tAr-r " IT;] Prepared by: Liz Osborne, PCD, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-174 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A STATEMENT OF LIFE LIEN AND A REHABILITATION AGREEMENT FOR THE PROPERTY lOCATED AT 723 OAKLAND AVENUE, IOWA CITY, IOWA. WHEREAS, on November 30, 1990, the owners executed a Statement of Life Lien and a Rehabilitation Agreement in the amount of $3,085; and WHEREAS, this loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF IOWA CITY, lOW A that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 723 Oakland Avenue, Iowa City, Iowa from a Statement of Life Lien and a Rehabilitation Agreement recorded December 20, 1990, Book 1193, Page 1 through Page 5 of the Johnson County Recorder's Office. Passed and approved this 15th day of June ,20-ºL-. ¿;-:ó.;. /d. . AY R Approved by ATTEST:~~__ .) xV. ~AA/ ~ {.. _:¡--o'f' CITY ERK City Attorney's Office It was moved by Champion and seconded by Wil burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn ppdrehablres/7230aklandave. doc Prepared by: Liz Osborne, CD Division, 410 E. Washington 51., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 723 Oakland Avenue, Iowa City, Iowa, and legally described as follows: The North 55 feet of the South 110 feet of Lots 10 and 11, A.E. Swisher's Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the owners, Steve and Nancy Trefz, to the City of Iowa City in the total amount of $3,085 represented by a Statement of Life Lien and a Rehabilitation Agreement recorded December 20, 1990, Book 1193, Page 1 through Page 5 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ~jw. ~d~_ YOR Approved by ATTEST: ~.....-.J ~ ,r'~ ~ Ç.,r. ~-ð'{- CITY LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this IS day of Ju.¡,)¡? , A.D. 20 0 4- ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 04-- /74-, adopted by the City Council on the /5 day of -:íu ,,)~ ,20 04 and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~J\oL F'..<b Notary Public in and for Johnson County, Iowa ppdrehab/723oaklar'\drelien.doc i SONORAE FORT . . Commission Number 159791 My Commission Expires ,- _ 0 - ,.--- .---. ---..-"---..- -----_._-.._-~...-_..-...._-~.,...._-,--'----_.~----_. ..-.--. CHESTER J. CULVER LUCAS BUlLDI"G, FIRST FLOOR Iow.-\ SECRETA.RY OF STATE DES MOINES, IOWA 50319 June 30, 2004 MARIAN KARR %CITY OF IOWA CITY 410 EAST WASHINGTON STREET IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreernent between the CITY OF IOWA CITY, IOWA and the LINN COUNTY Dear MS KARR We have received the above described agreement which you have subrniUed to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You rnay consider the same filed as of June 30, 2004. Sincerely, eu ~ Chester J Culver Secretary of State CJC/PK Enclosures TEL (515) 281-5204 FAX (515) 242-5953 WWW.sos.state.ia.us sos@sos.state.ia.us _"_"____.___..M.".~_ ".."--~_.~. Ft, - SECRETARY OF STATE Prepared by: Liz Osbourne, PCD, 410 E. Washington St., Iowa City, IA 5224~¢~J) 356-5246 RESOLUTION NO. 04-175 JlJ# 30 I0 00 RESOLUTION AUTHORIZING THE EXECUTION OF A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LINN COUNTY FOR LEAD BASED PAINT HAZARDS SERVICES. WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercisable by a public agency of this state may be exercised jointly with any other agency of this state having such power; and WHEREAS, the City of Iowa City and Linn County recognize a need to provide proper lead based paint hazard services to the citizens of the City of Iowa City and Linn County; and WHEREAS, the City of Iowa City and Linn County have negotiated the terms of a 28E Agreement for Lead Based Paint Hazards Services, a copy of said Agreement is attached, marked Exhibit A, and incorporated herein; and WHEREAS, the Linn County Public Health Department has approved said Agreement; and WHEREAS, it is in the interest of the City of Iowa City to enter into said Agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The 28E Agreement for Lead Based Paint Hazards Services, which is attached as Exhibit A and incorporated herein, is hereby approved. The Mayor and City Clerk are authorized and directed to execute and attest, respectively, said Agreement in triplicate, and forward to Linn County for execution by the Linn County Board of Supervisors and recordation of one original in Linn County at their expense. Upon receipt of the remaining two originals after execution by the Linn County Board of Supervisors, the Iowa City City Clerk is directed to file the remaining two originals of said Agreement in the offices of the Secretary of State and the Johnson County Recorder as provided in Chapter 28 of the Code of Iowa. Passed and approved this 15th day of Jun ~~_/,1200~~- A p p r c)..v.e.d by City Attorney's Office CITY-CLERK Annen/forms/28E Linn Co,doc Resolution No. 04-175 Page ? It was moved by Champion and seconded by ~li 1 but'n the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Do[~nell X Vanderhoef X Wilbum EXHIBIT "A" CHAPTER 28E AGREEMENT FOR LEAD BASED PAINT HAZARDS SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND LINN COUNTY, IOWA This Agreement is made and entered into by and between the City of Iowa City, Iowa, ("the City"), and Linn County, Iowa, ("the County"), sometimes collectively referred to as "parties" in Iowa City, Iowa. WHEREAS, the City has a Housing Rehabilitation Program, which requires properties that are pre-1978 to address and mitigate lead based paint hazards determined to be present on the property; and WHEREAS, the County has a County Lead Program, which has the expertise in the areas of lead hazard detection and remediation of paint hazards and monitoring for children who are at risk for lead poisoning; WHEREAS, it is in the best interest of the parties for the County to provide lead based paint hazards services to the City; and WHEREAS, Chapter 28E, Code of Iowa (2003) permits state and local governments to make efficient use of their resources and powers, in order to provide joint services by way of a duly recorded agreement. NOW, THEREFORE, in consideration of their mutual promises herein, the City and the County agree as follows: 1. Purpose. The purpose of this Agreement is for the County to provide to the City the following services: a) Lead hazard inspections and clearance testing and reports pertaining to these activities; and b) Laboratory analysis to be conducted at the Linn County Public Health Laboratory, a National Lead Laboratory Accreditation Program (NLLAP), which is required for dust, paint, and soil analysis for the presence of lead. 2. Duration. This Agreement shall be renewed automatically each year on July 1 beginning July 1, 2005 under the same terms and conditions herein unless either party notifies the other party by May 1 that it does not wish to renew the Agreement. However, this Agreement shall not extend beyond June 30,2010, without review and re-execution of a new agreement, .together with re-recording of said updated agreement. 3. Fees. The City shall pay the County as follows: A. Clearance Testing Only. · Each Wipe Sample $ '10.00 · Mileage Per Visit to City $ .375 per mile · Clearance Testing $210.00 (includes testing, reports, and travel time) B. Each Laboratory Sample $ 10.00 C. Inspections · Inspection $665.00 (includes inspection, travel time, and testing) · Mileage Per Visit to City $ .375 per mile · Equipment $260.00 (maintenance fee to resource) The City shall make payment within thirty (30) days of receipt of an invoice from the County. The County shall itemize the services performed and identify the property at which said services were provided. If either party wishes to change the fee schedule, said party shall notify the other party by May 1. The parties agree that they will negotiate in good faith a possible change in the fee structure by June 15, but if such an agreement is not reached by June 15, the fee structure is this Agreement shall remain, and either party may then exercise the option not to renew this Agreement as provided in Paragraph 2 above. If such an agreement is reached, the City delegates to the Community and Economic Development Coordinator and the County delegates to the Linn County Board of Health the authority to approve in writing a revision to the fee structure. 4. Effective Date. This Agreement shall be effective upon filing with the Secretary of State and recording with the Johnson County Recorder and Linn County Recorder as provided in Paragraph 16 below. 5. Duties. The City shall: A. Notify the County of upcoming inspections as soon as possible to coordinate an inspection time for a property. B. Provide as much advance notice as possible to coordinate time for clearance testing. C. Provide a copy of the work specifications for any property where clearance testing is requested. D. Provide a signed verification from City staff stating methods used for ramediation of identified lead hazards and verification of containment prior to conducting clearance testing. The County shall: A. Provide services of an Environmental Health Specialist who is state certified as a lead inspector/risk assessor and EBL lead inspector/risk assessor to conduct lead inspections, clearance testing, and to provide reports pertaining to these activities. B.Provide laboratory analysis of dust wipes. C. Maintain books, records, documents and other evidence pertaining to all activities provided under this agreement. D. Provided unrestricted access to contract related records by any appropriate federal, state, or local agent, and retain said records for no less than three years after the last fiscal year for which County Lead Program receives funding from the City. 6. Termination. This Agreement may be terminated on written notice to the other party only under one or more of the following conditions: Failure of the City to provide payment for the services provided or failure by either party to abide by the terms of the Agreement. 7. Notices. Any and all required notices must be in wdting and must be personally delivered or sent by regular, postage pre-paid, addressed as follows: A. If to the County, to: Director Linn County Public Health Dept. 501 - 13th Street, N.W. Cedar Rapids, IA 52405 B. If to the City, to: Community & Economic Development Coordinator City of Iowa City 410 E. Washington Street Iowa City, iA 52240 8. Non-Discrimination. County agrees that its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status, or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. Agent shall remain in compliance with all requirements of 49 CFR Part 21, Non- Discrimination in Federally Assisted Programs of the Department of Transportation. 9. Time of Essence. Time is of the essence as to this Agreement and each of its terms and provisions. 10. Assiqnment. The Parties shall not assign or allow assumption of this Agreement except with prior written consent of the other party. 11. Amendment. This Agreement may be modified in writing only, duly signed by the Parties. 12. Applicable Law. This Agreement is declared to be a contract of the State of Iowa and shall be construed in accordance with the laws of Iowa. 13. Entire Aqreement. This Agreement contains the entire agreement of the Parties, and the Parties agree and acknowledge that no representations, warranties or agreements, other than as set forth in this Amendment have been made by the padies to each other as to the sale of the Property. 14. Severability. In the event any portion of this Agreement is found invalid, the remaining portions shall be deemed severable and shall remain in full force and effect. 15. Indemnification. To the fullest extent permitted by law, the parties, their agents, servants, and employees shall indemnify and hold harmless the other party against all claims, demands, and judgments, including attorney's fees, made or recovered for damages to real or tangible personal property, or for personal injury, bodily injury, or death to any person arising out of, or in connection with, any acts or omissions under this Agreement. 16. Iowa Code Chapter 28E. The parties acknowledge that this Agreement shall conform to the requirements of Chapter 28E, Code of Iowa (2003); and that this Agreement, as such, will renew only upon execution by the City Council of the City of Iowa City and the Board of Supervisors of Linn County, and further upon filing with the Secretary of State of the State of Iowa, together with this Agreement being duly recorded with the Johnson County Recorder's Office, Johnson County, Iowa at the City's sole expense and with the Linn County Recorder's Office, Linn County, Iowa at the County's sole expense. 17. Triplicate. This Agreement may be executed in triplicate, each of which shall be deemed to be an original. WITNESS: THE COUNTY OF LINN ~r~l'a'La~-ehbe~//, Cour~ ~d~dit~lr ~ I~rron: Chairperson COUNTY ACKNOWL~IEDGMENT STATE OF IOWA ) ) SS: LINN COUNTY ) On this ~-~:~u~ day of (~ ,2004, before me, the undersigned, a_Notary Public in and for the State of Iowa, ~ersonally appeared Lu Baron and L!nda~Lsn.~,,~?~"to~r~~' personally known and wh~,~b~e,~g by me duly sworn, did say that they are the Board of Supervisors Chairperson ahE~CSb~ty Auditor, respectively, of Linn County, Iowa; that the sea 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 '--~0 ,2004, and that Lu Baron and Linda Langenberg acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. [ ~,~,,t~,,, ~ c~o~.w~ u. ~ta.o~ ,~, ~ Notary Pub~ in and for the State o[ Iowa WITNESS: THE CITY OF IOWA CITY Ma~n K. Kart, City Clerk nest Lehman, Mayor 4 CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this I..~ day of --,-~.~ ~ , 2004, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Approved by I.,~'.l SONDRAE FORT I;j~L'' My Commission F.7,pires I City Attorney's Office I ~ ~-- '7- o~, Prepared by: Stephen Long, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 04-176 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE PARTIAL RELEASE OF REAL ESTATE MORTGAGE FOR THE PROPERTY LOCATED AT LOT '17 LONGFELLOW MANOR, IOWA CITY, IOWA. WHEREAS, on March 14, 2003, the owner executed the Agreement between the City of Iowa City and Greater Iowa City Housing Fellowship for the Use of HOME Investment Partnership Funds ("2003 Agreement") that provided a grant from the City in the amount of $220,000; and WHEREAS, the 2003 Agreement was for the acquisition of ten lots for affordable rental and owner-occupied housing; and WHEREAS, the purchase of Lot 17 should not be included in the 2003 Agreement but should be included in a different agreement ("2002 Agreement") between the City and the owner; and WHEREAS, the City and owner have executed contract amendments to exclude Lot 17 from the 2003 Agreement and to add it to the 2002 Agreement; and WHEREAS, the owner has executed a new mortgage for Lot 17 in conjunction with the execution of the amendment to the 2002 Agreement; and WHEREAS, it is the City of Iowa City's responsibility to partially release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Partial Release of Real Estate Mortgage for recordation, whereby the City does release the property located at Lot 17 Longfellow Manor, Iowa City, Iowa from the mortgage dated March 17, 2003, and recorded on March 18, 2003 in Book 3502, Page 188, as well as any lien created by the Agreement between the City of Iowa City and Greater Iowa City Housing Fellowship for the Use of HOME Investment Partnership Funds, to which said mortgage is an exhibit, recorded March 18, 2003, Book 3502, Page 174 through Page 191 of the Johnson County Recorder's Office. Passed and approved this 15t. h day of ,.June ,20 04 Approved by CITY'CLERK City Attorney's Office ppdrehab/res/171ongfellowmanor.doc Resolution No. 04-176 Page 2 It was moved by Champion and seconded by I~il burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Susan Dulek, Ass!. City Attorney; 410 E. Washington S!., Iowa City, IA 52240; (319) 356-5030 PARTIAL RELEASE OF REAL ESTATE MORTGAGE The undersigned, the present owner of the mortgage hereinafter described, for valuable consideration, receipt of which is hereby acknowledged, does hereby acknowledge that the following described real estate situated in Johnson County, Iowa, to wit: Lot 17, Longfellow Manor, Iowa City, Iowa, according to the plat thereof recorded in Book 35, Page 274, Plat Records of Johnson County, Iowa, is hereby released from the lien of the real estate mortgage, executed by the Greater Iowa City Housing Fellowship, dated March 14, 2003, and recorded in the records of the Office of the Recorder of Johnson County, State ofIowa, in Book 3502, Page 188, as well as any lien created by the Agreement between the City of Iowa City and the Greater Iowa City Housing Fellowship dated March 14, 2003, and recorded in the records of the Office of the Recorder of Johnson County, State of Iowa, in Book 3502, Page 174, to which said mortgage is an exhibit, specifically reserving and retaining the mortgage lien and all mortgage rights against all of the remaining property embraced in the mortgage above described. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural, and as masculine, feminine or neuter gender, according to the context. Dated this 15 day of J",¡J'S . 2004. CITY OF IOWA CITY, IOWA, AM~orporation ~ By: ~~. _ ErnestW. LehInan, Mayor By:-b,f ~ anan K. Karr, City Clerk STATE OF IOWA ) )ss: JOHNSON COUNlY ) On this ~ day of Ju.QE. , 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ~ ~cU- ~ SONDRAE FORT Notary Public in and for the State ofIowa Commission Number 159791 My COmmiS$iO~ ÃXPires lOW '3. 7- 0 - -- --- ----.'--.----'..-.---.--.-- iVI., (~ };[J Prepared by: Sarah E. Holecek, First Assl. City Attomey, 410 E. Washington SI., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 04-177 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRADING AND DEVELOPMENT AGREEMENT AND COVENANT FOR A PORTION OF GOVERNMENT LOT 1 EAST OF GILBERT STREET, IOWA CITY, IOWA WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the owners of certain property generally located north and south of Southgate Avenue and east of south Gilbert Street in Iowa City applied for a grading permit on said property: and WHEREAS, prior to applying for said permit, substantial fill was placed upon the real property without the benefit of a plan and/or permit as required by City ordinance; and WHEREAS, rather than require the removal of said unapproved fill, Public Works and the property owner have agreed to certain conditions on the development and issuance of permits for the property, which conditions address the concerns associated with the unapproved fill; and WHEREAS, said conditions specifically require that development activity in the area of uncontrolled fill be appropriately designed and constructed to fulfill geotechnical requirements resulting from said fill; and WHEREAS, City staff has approved the conditions and memorialized them in a Grading and Development Agreement and Covenant binding the property to compliance with said conditions; and WHEREAS, the Grading and Development Agreement and Covenant requires City Council approval so the City may enforce said covenant; and WHEREAS, the execution of said Agreement and Covenant is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, lowà NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the attached Grading and Development Agreement and Covenant for a portion of Government Lot 1 located east of Gilbert Street, Iowa City, Iowa, which agreement is incorporated herein by this reference. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Agreement and Covenant in the Johnson County Recorder's Office at the property owners' expense. Passed and approved this 15th day of & 20M J¿.). ~L-- AYO ATTEST: ~;_J R. '¡¿-M..J CI ERK - -- ----_._.....__..-~_.- "..__.~"._~...~_.__._~_._._-_._... Resolution No. 04-177 Page 2 It was moved by Champion and seconded by Wi 1 burn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn Prepared by: Sarah E. Holecek, First Assistant City Attorney, 410 E. Washington St., Iowa City, Iowa 52240 GRADING AND DEVELOPMENT AGREEMENT AND COVENANT THIS AGREEMENT, is hereby made by and between Paul M. Kennedy Jr. and Mary Frances Kennedy, hereinafter collectively referred to as "Developer", and the City of Iowa City, Iowa, hereinafter referred to as "the City". WITNESSETH: IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: 1. Developer is the owner of certain real property generally located north and south of Southgate Avenue and east of South Gilbert Street, Iowa City, Iowa, which property is assigned Iowa City Assessor's parcel no. 1022 202 001 and generally described as that part of Government Lot 1 lying east of Gilbert Street and south of the railroad, excluding that land dedicated for Southgate Avenue in Book 2004, Page 28 of the records of the Johnson County, Iowa recorder and excluding Kennedy's Waterfront Addition Part One and excluding south 7 acres of east 40 acres of Government Addition Lot 1. Developer acknowledges that said real property is located within the floodplain, and therefore, pursuant to Title 14, Chapter 5, Article I, "Grading Ordinance", of the Iowa City City Code, any grading or fill within or upon said property requires a grading permit. 2. Pursuant to the grading ordinance, Developer has submitted a grading plan and applied for a grading permit on. Developer's real property as noted above. Said grading plan is attached hereto as Exhibit 'A' and incorporated by reference herein. Developer further acknowledges that, prior to submitting a grading plan and applying for a grading permit on said real property, substantial fill had been placed upon said real property without the benefit of a plan and/or permit. Developer further acknowledges that the City has the authority to require, pursuant to 14-5-1, the removal of that fill placed upon the property without an approved permit or plan. To address the concerns resulting from said unapproved fill, Developer's grading plan encompasses and demarcates two phases of grading: the fill that occurred prior to the issuance of a grading permit ('existing fill") and that fill which is being placed pursuant to the Developer's engineered grading plan ('proposed fill/grading"). 3. Developer and City acknowledge that Developer wishes to grade and fill within the area designated as "proposed fill/grading" upon Exhibit 'A". To allow such grading to commence and to address the concerns resulting from the placement of the unapproved fill, City agrees to issue a grading permit for such activity solely within the area demarcated as "proposed fill" without requiring the removal of the existing fill within the area designated as 'existing fill" on Developer's approved grading plan. City approval of the "proposed fill/grading" does not extend to the area where uncontrolled ------ --~-_.._-_._._..._--~-~--,_._,-- filling, demarcated as "existing fill", occurred prior to the preparation of an engineered grading plan. City approval of said proposed grading as outlined in the Developer's grading plan is granted under the following conditions: A) Prior to the issuance of a building permit or prior to conducting development activity on any portion of the area designated "existing fill' on Developer's approved grading plan, a geotechnical report shall be required to address the design of all infrastructure, including any infrastructure to be dedicated to the City. Said geotechnical report shall be based on borings and soils data collected on-site at the locations of the proposed infrastructure and shall be completed by a licensed engineer. Additionally, all infrastructure shall be designed and constructed in accordance with the recommendations of the geotechnical report. B) Prior to the issuance of a building permit for each building and/or structure to be located within any portion of the area designated "existing fill" on Developer's approved grading plan, the foundatioR of such building and/or structure shall be designed by a licensed engineer based on borings and soils data collected at the site of each such proposed building/structure. 4. This agreement shall be a covenant running with the land and with title to the land and shall bind the parties and their successors in interest and assigns, unless and until released by the City, and this agreement and Exhibit "N shall be recorded in the Office of the Recorder of Johnson County, Iowa at Developer's expense. Dated this :1J:. day of }'Ut'\l1 . ,2004. CITY OF IOWA CITY, IOWA BY~'Æ" d~- nest Lehman, Mayor ATTEST:~':'--J k. ~ Marian K. Kar, ity Clerk OWNER/DEVELOPER BYj1.o Iþ¿. ;'¿.a~ k Paul M. Kennedy, Jr. BY: VJ.I~,Ø;~;::v~ Mary Fr. nces Kennedy .- ,---, .._-,. -.-....-..---..--- -.'.......--"----- '. STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this îtaay of ~tnlL ,2004, before me, the undersigned, a Notary Public in and for the State of Iowa, p onally appeared Paul M. Kennedy, Jr. and Mary Frances Kennedy, husband and wife, to me personally known, who being by me duly sworn did say that they are the individuals executing the within and foregoing instrument and that said instrument was signed and executed as their voluntary act and deed and by each of them voluntarily executed. ¡; JENNIFER L. VANG Commission Number 712198 My C:miSSlon expires Au uOl24,2004 STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this --15.... day of ~Nt. , 2004, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being 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 said Ernest W. Lehman and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. i SONDRAE FORT ~~ ~ 1:. Commission Number 159791 Notary Public in and for the State of Iowa . . My Commission Expires lOW ~-7-0 - C xAi6;1 1/ (¡ -- 1,""""'TO............."'ru...(..__..........__.~ APPLICANT: ..._.....otŒ'I._ .-...."'"'-...---.............--. PAUL KENNEDY PROPERTY OWNERS' "-~...::.........__..__-.-..... ,---------.. "=.,."':."..:"::...-"-------- -..-...-----.-...,- PO BOX 852 PAUL KENNEDY ..¡...ÐO:A..._.......................-._f' ..--"'..... (0) ---------- 1 .J_.............._IUS..........._......'_1CJ<. {~ .-:':'::::__-::.--'- ~ IOWA CITY, IA 52244 PO BOX 852 ..)..-""_.....__.._~->.,....... .,---.............-..-...--.-....(... PLAN PREPARED BY IOWA CITY, IA 52244 -.¡--..-...--.....................---.......... .,J:::'.:-:..~_..__..,.....-......_"'" -. .....- MMS CONSULTANTS, INC. SOUTHGATE DEVELOPMENT ·-1----........-..-..-....--- -- .......---..-..-....--- -- 1917 S. GILBERT ST. 775 MORMAN TREK BLVD --............-..-.:..-...-""""'- - -....--....---..--....... ---_..........,......_- 'l)WA CITY, IA 52240 'l)WA CITY, IA 52246 ..1.·-.....--.--......---..,·....- UI<A__..--......._._._~.. --_......, SOUTHGATE DEVELOPMENT 1-1....---·-·--...----..·- I I .......-..............".....----- 77S MORMAN TREK Bl YO --...........--.-............... ð=6"01'09" œ *10:0_..__._............................ IOWA CITY, IA 52246 "J...._____.-.._._......'OV'I 6=3"08'28- :,", <'""'~ R=S066.16' ..--14_........_~___...__ L=532.22' KEl-WELCO I _........._...____..........a.rw._....... 2003 S. GILBERT ST. ou...__.....--....___..,·.... R=5066.16' T=266.36' 11 ::::::::~:c:.:.:.~...~-::=::~- IOWA CITY. tA 52240 11!___.....___....-.__ L=277.73' C=531.98' , _..___.sr._.._........_... T 138.90' S06'18'll~E L ---.----.....--....... I PO BOX 852 C8 C~277.69' IOWA CITY, IA 52244 ., C8 SlO'52'59~E '. ~VI!iJ'!,-BERT SIREET ~ :1 - ïl ..-...__..........~_...,u.._ . ___I<C__...____rø__ , .. ---.........-.....- --c- I .. --:-.... "'::'.:. :.:'.. '" N ,-....... --c- ,,, N ~- ......-.... --c- on U<'O 0 ~.....x>',....._ ......-.... >- ..s..s._..._ ............ , o « ~~oll __....,."'JIU... --c- WN _!I! ..... ............... i 30' WIDE CA VEL I zon -- ........... za;:)~ f!"I' fn<M._,....._........... , ~..,._.- ........... ~ ENTRANCE W ~ ;r:;- Ie .....-....."'-_.. Y:ðü -c~Ç¡ -- ........-- , !:¡- vi -.-......,... ............ ~"'« " " ..,..,.-..-............ I -:":..-='.:...":::~""'....-._-..,..,. ;¡o3= ~ ¡ ! -........-.,......-......... a..a..Q u- . --.--..........-..... .. '" , ;. ro ~ {I ô II :>!. STABIUZAnON SEEDING i-- 2&0 INITIAL GRADING PHASE - . (UNCONTROLLED FILL) ;~ æ <0 « .~ W ¡¡ W ,~ ..~ in 1<3 ~ ~ !" I 0 '" ~ Z'" ~ .. ::> j I:!~ . '0 ~ I~ tì. -c2 u. '" ¡o;¡; IP($TAtt·1KJI -.- 2: g v , '" ~~ .._..-............_.........u._ ..k'___...-.ca......_oru....._ 1 ~ ~~ ....--.-.....--........ .....~,...._..-.__.. ......--....."'---.-- _____........'I£0OI......_ .- __"'__......--.err<c-.s '" ~ ....,_.-'-...--.....0..._ -...--..... ~ ---...........--.... ,-.........,......__.._ , c -.....-.-....--- ~.::....~....--_....-' w -< I z ~.........-'-....__._- 1_-.._.._......"""_($1. Z W .............-.........,...._...... ~'~~~T...:=-~· ~ ..-"'---...--............- CEDAR RAPIDS AND IOWA _._-..voø_...._,.......... 0 .-.--....---........ , . I CITY RAILWAY COMPANY . 0 ~_........_._...IU._ ..__...._..__......IÐ>Œ.. I ¡ , ---.-...--.......... ..---.-......---...-- -.....-..--....-. .......---. 2330 12TH STREET SW ~ _ow ",..,______rr.."".__ ..._-...I........._...·r_ ...-ce..... ___ _ __ -.... a' CEDAR RAPIDS, IA 52404 "- ..'r_...-....__.......... :::-:.~..:;:::...'"":':'=-- .. ,... ~ ......--...-.-.......... 6=13'27'55- -""'.~ --'....-"~-...-...- '-- =s::::_~..._._..- R=1878.S2' oS-H" ~ .. ~--~c:="..ruø.... -.....- L=441.48' .. ~ T=221. 76' '-- '-- ""¡-a51)' ~ SlL T FENCE DETAIL C=440.46' ï"~~ - 0 CB N24"ZO'10"E 0867-016 I.;> I k L.&J) Prepared by: Sarah E. Holecek, First Assistant City Attorney, 410 E. Washington SI., Iowa City, Iowa 52240 GRADING AND DEVELOPMENT AGREEMENT AND CO ENANT THIS AGREEMENT, is hereby made by and between Pa M. Kennedy Jr. and Mary Frances Kennedy, hereinafter collectively referred to as "Develop' r", and the City of Iowa City, Iowa, hereinafter refer(ed to as "the City". \'\ WITNESSETH: IN CONSIDERATION OF THE MUTUAL PROMISES SET ORTH BELOW, IT IS AGREED AS FOLLOWS: " , 1. Developer is the owner 'of certain real prop' rty generally located north and south of Southgate Avenue and eaSt,of South Gilbe Street, Iowa City, Iowa, which property is assigned Iowa City Assesso~ parcel no 1022 202 001 and generally described as that part of Government Lot 1~ ea of Gilbert Street and south of the railroad, excluding that land dedicated fo Sout gate Avenue in Book 2004, Page 28 of the records of the Johnson County, I recorder and excluding Kennedy's Waterfront Addition Part One and excluding s uth 7 acres of east 40 acres of Government Addition Lot 1. Developer acknowl Ö s that said real property is located within the floodplain, and therefore, pursu t to Title 14, Chapter 5, Article I, "Grading Ordinance", of the Iowa City City ode, a grading or fill within or upon said property requires a grading permit. J 2. Pursuant to the grading ordi nce, Develop has submitted a grading plan and applied for a grading perm~on Developer's al property as noted above. Said grading plan is attached her 0 as Exhibit "A" an incorporated by reference herein. Developer further acknowle ges that, prior to sub 'tting a grading plan and applying for a grading permit on sa: real property, substantl I fill had been placed upon said real property without th benefit of a plan and r permit. Developer further acknowledges that the Citf has the authority to require, ursuant to 14-5-1, the removal of that fill placed upon ~ property without an approve ermit or plan. To address the concerns resultin from said unapproved fill, eveloper's grading plan encompasses and dem. rcates two phases of grading: the fl.that occurred prior to the issuance of a grading f?ermit ("existing fill") and that fill which is being placed pursuant to the Developer's engfeered grading plan ("proposed fill/grading"). 3. Developer and City tCknoWledge that Developer wishes to grade and fill within the area designated as" roposed fill/grading" upon Exhibit "A". To allow such grading to commence and to (. address the concerns resulting from the placement of the unapproved fill, City agrees to issue a grading permit for such activity solely within the area demarcated at"proposed fill" without requiring the removal of the existing fill within the area designated as "existing fill" on Developer's approved grading plan. City approval of the "proposed fill/grading" does not extend to the area where uncontrolled - --, .-.._. .,,---- ---.--.--,.------.-----. -,,- filling, demarcated as "existing fill", occurred prior to the preparation of an engineered grading plan. City approval of said proposed grading as outlined in the Developer's grading plan is granted under the following conditions: A) Prior to the issuance of a building permit or prior to conducting development activity on any portion of the area designated "existing fill' 0 Developer's approved grading plan, a geotechnical report shall be required to dress the design of all infrastructure, including any infrastructure to be ded' ated to the City. Said geotechnical report shall be based on borings and s Is data collected on-site at the locations of the proposed infrastructure and sh be completed by a licensed engineer. Additionally, all infrastructure shall b designed and constructed in acc dance with the recommendations of the geo chnical report. B) Prior to e issuance of a building permit for ch building and/or structure to be located w in any portion of the area desi nated "existing fill" on Developer's approved gr ing plan, the foundation of ch building and/or structure shall be designed by a'~ensed engineer based 0 borings and soils data collected at the site of each such 'R~oposed building/struct re. \ 4. This agreement shall be à,covenant runnin with the land and with title to the land and shall bind the parties and tIJ,eir successo in interest and assigns, unless and until released by the City, and this 3{lreement nd Exhibit "A" shall be recorded in the Office of the Recorder of Johnson C0ù!1.ty, low at Developer's expense. Dated this .:Jf. day of BY: Er est Lehman, Ma r A EST: f ian K. Karr, City Clerk Y: k I Paul M. Kennedy, Jr. BY: 7JÞ!tø;rÚ"~~/f Mary Fr. nces Kennedy .~ -,.,. ----...--.,..-----...... ---.---.-.+--.--...-,-----'- STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this îtday of ~Ln!L , 2004, before me, the undersigned, a Notary Public in and for the State of Iowa, p onally appeared Paul M. Kennedy, J . and Mary Frances Kennedy, husband and wife, to me personally known, who being by me dul sworn did say that they are the individuals executing the within and foregoing instrument and th said instrument was signed and executed as their oluntary act and deed and by each of them luntarily executed. t JE IFER L. VANG o '\. Commls Number 712198 a . 'My Com Ion expires Au us! , 2004 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) / On this _ day of / , 2004, before me, the undersigned, a Notary Public in and for said County, in said State, rsonally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who bein b me duly sworn, did say that they are the Mayor and City Clerk, respectively of said munici¡ial corppration executing the foregoing instrument; that the seal affixed thereto is the seal of saist municip'àJ. 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 said Ernest Iff Lehman and ~rian K. Karr acknowledged that execution of said instrument to be the voluntarý act and deed said municipal corporation and by them voluntarily executed. . \ Notary ublic in and for the State of Iowa \ , \ :' \ i \ i , i \ I '. i I L ------.-.- -...-- - -- ---..---.----- Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 04-178 RESOLUTION ASSESSING $1500.00 CIVIL PENALTY OR THIRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGA1NST KUM & GO STORES #52 WHEREAS, on March 13, 2004, Christian Donald Friedrich, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation, Friedrich was an employee of the establishment operating trader the retail cigarette permit issued to Kum & Go Stores #52, 25 West Burlington Street; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code § 453A.2(1), after a hearing and proper notice; and is subject to a $1500.00 civil penalty or thirty day retail cigarette permit suspension, at the retailer's option, for the second such violation within a two-year period; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Kum & Go Stores #52 and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the second such violation of an employee of Kum & Go Stores #52 within a two-year period to be considered by the City Council under Iowa Code § 453A.22(2). NOW, THEREFORE, BE 1T RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council, after notice and hearing and pursuant to Iowa Code § 453A.22(2), hereby imposes either a $1500.00 civil penalty or thirty day retail cigarette permit suspension, against Kum & Go Stores #52, at its option. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to choose its civil penalty by either paying the $1500.00 civil penalty in full to the City Clerk.or by delivering to the City Clerk its retail cigarette permit for service of a thirty day suspension. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED:dune 15, 2004 City ISterk, City of Iowa City Resolution No. 04-178 Page 2 It was moved by Wilburn and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Elliott X Lehman X O'Donnell X Vanderhoef X Wilbum - [] OO ~ S-O&R COMPLAINT [] RES [] NON REs~ [] T-G/WI IoW~ UNIFORM CITATION AND COMPLAiNT [] HIS ~ NO~-HIS "(IO~l~,~ CITY POLICE DEPARTMENT ARMED [] ,~'ES ,)[] NO C0u [yof: ~' JOHNgON . lC NE 147477 D City of: IOWA CIW ~ In the Court at 417 S. CLINTON STREET~ JOHNSON COUN~ COURTHOUSE ~. · Defendant, Last rst Middle Addres~ ~_ ~ ~y ~,+~-~e C~ ' State ~ Zip~ ~L~ 1 ~{~ State ~ Co. ff DL Class ~ DLEnd DL Rest DOB [Z/g~ Race '~ .... -- .... ~, wtT 5,~ The undersigned states ~at on or about ~S ~ [~t [~ ~ ~ ~ defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle~oat (describe) CMV ~Yes ~No HazMatPlac. Req. ~Yes UNo USDOT~ Reg. P State Yea Upon a public highway at ~kt~, ~ ~ ~ ~ Located in ~e county and state aforesaid and did ~en and them commit ~e foll~wing offense: ~Tr~fic ~ Navigation ~ Snowmobil~ATV ~Fish-G~ ~Parks E Scheduled Vio~ine $ [~ ~ ~ Con~ction Zone . Surch~ge $ ~ ~ou~ App~nce R~red (805.10) Cou~ Costs $. I ~ ~ ~[~ ~P.D. ($100~cident Total Fine/Costs $ i ~ t C ~ ~11 Dam~e Assessment Violation '~e d% ~ ~.g Speed ~ In. Zone-Sec. g ~ IA Code DATA CODE Fe~Adm. Code Local Ord I ce~fy under penalty of perjm~ and pumuant to the laws of the State of Iowa &at the p~ceding is tree and curt'ecl. Mo. Day YL Office~ Signature ' - Court Date: If you mus[ appe~ Jn cou~ or if you choose ~o appeal to answer a which does not require an Appellee, repoA to ~e ~bove named cou~ om MO. Da~ Yr. NOTICE:Providing false info~ation is a violation of Section 719,3 of the Code of Iowa and is punishable as an ag~avated nfisdemeanor. My signature below is not a plea of guilty, but acknowledges all of the following: 1.I hereby swear and affi~ ~at the info~ation provided by me on this citation is tree under penalty of providing false infomation. 2. I promise to appear in said cou~ at said dine and place, or i will comply with the provision on ~e top of ~e revere side of the citation. The following applies to simple misdemeanors only: 3. I hereby give my unsecured ap~nce bond in the amount of ~]~ doll.s and enter my written appe~nce. I agree that if [ f~l to ap~ in person or by counsel to defend against ~e offense charged in this citation, the cou~ is authorized to enter a convic~on ~d render judgment ag~nst me for the amount of my appe~ance b d in satisfaction of ~e ~a ty ~d sureh~ge plus cou~ costs. ( ~ - ' ' ~gnature~[~fendant IN THE IOWA DISTRICT COURT iN AND FOR JOHNSON COUNTY STATE OF IOWA, : Plaintiff, : CASE NO: 06521 STICl47477 : APPEARANCE and CHRISTIAN DONALD FRIEDRICH, : PLEA OF GUILTY Defendant. : COMES NOW, the Defendant and states to the Court as follows: 1. I hereby enter my appearance. 2. I plead guilty as charged. Dated this I ~ day of May, 2004. Christian Donald Friedrich 1100 North Street Guthrie Center, IA 50115 CHESTER J. CULVER ~~ LUCAS BUILDING, FIRST FLOOR IowASECRETARY OF STATE ~ DES MOINES, IOWA 50319 July 30, 2004 MARIAN K. KARR CITY OF IOWA CITY 410 E WASHINGTON ST. IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY, IOWA and the CITY OF UNIVERSITY HEIGHTS, IOWA Dear MS KARR 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 July 30, 2004. Sincerely, Chester J Culver Secretary of State CJC/db Enclosures TEL(515) 281-5204 FAX(515) 242-5953 www. sos.state.ia.us sos@sos.state.ia.us Doc ID: 019113000005 TvDe: OEN ,°°ora.d= omo~2oo4 ,t o1=4o=~o P, IOWA CITY Fss ~m~: ,27.oo Pao, ~ o~ ~Cl~ OF Johnson County Iowa K[mberlv A. Painter County Reco~dep ..3775 . 606-610 .,o EastWashingtonStreet Iowa Cit~, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.ic~ov.or~ STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.04-179 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of June, 2004, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 26th day of July, 2004. City Clerk h:es CORPORATE SEAL Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 04-179 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AFl'EST THE FY2005 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1997), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2005 at a rate of $28,680. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The FY2005 agreement between the City of Iowa City and the City of University Heights for transit service is hereby approved, and the Mayor is hereby authorized to execute four (4) originals and the City Clerk to attest same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Iowa Code, Section 28E. Passed and approved this 151:h day of June 2004. MAYOR Approved by ATTEST: ~/.~,~..) ClTY"'CLI~RK City Attorney's Office It was moved by 6hampion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: c_. ~,~ X Bailey ~ r,~ X Champion X Elliott X Lehman ~ :~; o r'~".. X O'Donnell ~ ~, · ¢,~ X Vanderhoef X Wilburn Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 04-08 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST THE FY2005 AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1997), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights, and WHEREAS, the parties have negotiated a contract for transit service in FY2005 at a rate of $28,680. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the FY2005 28E Agreement between the City of University Heights and the City of Iowa City for transit service. It was moved by Laverman and seconded by Wood the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x From × Giese × Laverman × Schoenmaker x Wood Passed and approved this 8th day of .~u.e ,2004. Ma~o~, Gloria J~c~"~n ATTEST: 't, '/Z~"-"~_/J.~__ City~de/rry Musser Prepared by: Kevin L. Doyle, Asst. Transportation Planner, 410 E. Washington, Iowa City, IA 52240 319-356-5253 FY2005 28E AGREEMENT FOR TRANSIT SERVICES BET~VEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this ICday of ~1)~'~ ., 2004, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: /. Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. II. Duration The term of this agreement shall commence July 1, 2004, and continue through and including June 30, 2005. I#. Term/nat/on This agreement may be terminated upon thirty calendar days written notice by either party. IV. Compensation The City of University Heights agrees to pay $28,680 for the provision of public transit service as herein described during FY2005. Payment shall be made in twelve monthly payments of $2,390.00 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E,, Code of iowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY CITY OF UNIVERSITY HEIGHTS By: By: st W. Lehman, Mayor Gloria Jacobso~,C,,l~'yor Attest: Attest: City'Etlerk City Cie M~sser Approved by: (SEAL) City Attorney'~"Offi~c ~''' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~'~' day of --'~'~iE , 20~ , before me, .~,~,4,-~;~. ~c,~ -F- , a Nota~ Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and Ci~ Clerk, respectively, of the Ci~ of Iowa City, Iowa; that the seal a~xed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authori~ of its Ci~ Council, as contained in (~) (Resolution) No. ~- ~ q~ passed bythe Ci~Council, onthe [_~ ~ dayof -~e ,20 o~ ,andthat Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntaw act and deed and the volunta~ act and deed of the corporation, by it voluntarily executed. SOND~E FORT ]Commi~lon Numb~ 159791~ F ~ '1 My Commission E~ires I Nota~ Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUN~ ) On this 8th day of ~u~e , 20 04 , before me, Steve~ ~. ~lla~d , a Nota~ Public in and for the State of Iowa, personally appeared Gloria Jacobson and Jer~ Musser, to me personally known, and, who, being by me du¥ sworn, did say that they are the Mayor and Ci~ Clerk, respectively, of the City of University Heights, 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. 04-08 passed by the City Council, on the 8th day of ~uae , 20 04 , and that Gloria Jacobson and Jer~ Musser, acknowledged the~xecution of the instrument to be their volunta~ act and deed and the volunta~ act and deed of t~e corporation, by it voluntarily executed. I ~,~ ~ I SlfiVfi~ E B~k~t~ ~uDlic in and for the Stato o[ Iowa "v O /MISSION PIRES I Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5053 RESOLUTION NO. 04-].80 RESOLUTION RESCINDING RESOLUTION 98-164 AND ESTABLISHING A NEW POLICY FOR USE OF FUNDS DERIVED FROM HOTEL-MOTEL TAX, WHEREAS, as authorized by Chapter 422_A of the Code of Iowa, at an election on November 3, 1992, the voters of Iowa City approved an increase from five percent (5%) to seven percent (7%) for the tax upon gross receipts from rental of hotel and motel rooms in the City; and WHEREAS, Code Section 422A.2 places certain limitations on the use of fifty percent (50%) of the funds derived from the hotel-motel tax; and WHEREAS, the City Council adopted Resolution 98-164 on April 28, 1998, establishing a policy for use of funds derived from hotel-motel tax based on a seven percent tax approved by voters on November 3, 1992; and WHEREAS, the City Council has formally allocated the proceeds from hotel-motel tax. WHEREAS, the City Council approved r(~allocating the 25% funding of the Iowa City - Coralville Convention & Visitors Bureau by amendment of the FY2004 operating budget on August 19, 2003 and notified the Iowa City - Coralville Convention & Visitors Bureau on June 5, 2003 of the proposed reduction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution 98-164 is hereby rescinded and that amounts received by the City from the hotel-motel tax shall be allocated as follows, effective July 1, 2003: a. Fifty percent (50%) shall be allocated to police protection. b. Twenty-two and one-half percent (22.5%) shall be allocated to the Iowa City- Coralville Convention & Visitors Bureau for the promotion and encouragement of tourism and convention business in the City. c. Twenty-seven and one-half percent (27.5%) shall be allocated for the constructing, improving, enlarging, equipping or operating of parks and recreational facilities. Passed and approved this 15th day of June ,20 04 Approved by CIT~' CLERK City Attorney's Office finadm~es~hotlmo0.doc Resolution No. 04-180 Page 2 It was moved by Champion and seconded by o I Donne 11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Elliott X Lehman X O'Donnell X Vanderhoef X Wilburn