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HomeMy WebLinkAbout1996-08-06 ResolutionJ RESOLUTION NO. 96-226 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Iowa City Fall Fun Festival- 2150 Rochester Avenue It was moved by Kubby and seconded by as read be adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X Passed and approved this 6th day of ^TTES : CITY CLERK that the Resolution Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef August , 19 96. Approved by ~danceprm.res Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO.. 96-227 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: A & J Mini Mart - 2153 ACT Circle Passed and approved this 6th day of A,~O.~f ,1996. MAYOR Approved by (~----//~City Attorr ey's'~C ~c~~' ~'/~'~ It was moved by Kubb¥ and seconded by be adopted, and upon roll call there were: Norton the Resolution AYES: NAYS: ABSENT: X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef clerktCigpen'at .re~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319)356-5246 RESOLUTION NO. 96-228 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREE- MENT, A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 416 SECOND AVENUE, IOWA CITY, IOWA WHEREAS, on January 31, 1995 the property owner of 416 Second Avenue executed a Rehabilitation Agreement, a Promissory Note and a Mortgage in the amount of $1,471 through the Housing Rehabilitation Program; WHEREAS, these documents created a lien against the property; and WHEREAS, on July 16, 1996 the property owner paid the loan of -~1,471 plus the one time interest charge of 5% ($73.55) in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 416 Second Avenue, Iowa City, Iowa, from an obligation of the property owne.- to pay to the City the $1,471 which was recorded in Book 1905 Pages 105 through 116 the Johnson County Recorder's Office. Passed and approved this 6th day of August ,1996. ATTEST:ci~ ~. ~ MAYOR City Attorney's Office Resolution No. 96-228 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: X X X Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne. CD Division, 410 E. Washington St., iowa City, IA 52240 {319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 416 Second Avenue, Iowa City, Iowa, and legally described as follows: Lot Thirteen (13), Block One (1), in East Iowa City, Johnson County, Iowa, according to the recprded plat thereof; from an obligation of the property owner, Bernadette A. Rebal, to the City of Iowa City in the principal amount of $1,471 represented by a Mortgage, a Promissory Note and a Rehabilita- tion Agreement recorded on May 19, 1995, in Book 1905, Pages 105 through 116 in the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this (~' day of ndJdJd~-J~- , A.D. 19 ~4, , before me, the under- signed, a Notary Public in a r said County, in said State, personally appeared Naomi J. Novick 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. ~/6-Z,~ ~ , adopted by the City Council on the ~, ~- day ~,~-,~(- , 19 ~](', and that the said Naomi J. Novick and Marian K. Karr as suc~officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, Program Assistant, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 96-229 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I'rEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 741 DEARBORN STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain Rehabilitation Agreement, Promissory Note and Mortgage executed by the owner of 741 Dearborn Street on December 8, 1994 and recorded in Book 1856, Pages 107 thru 118 in the Johnson County Recorder's Office covering the following described real estate: Lot Fourteen (14) in Block Nine (9) in Rundell, Johnson County, Iowa, according to the plat thereof. WHEREAS, the City's lien totals $3,275.00; and WHEREAS, on May 2, 1996, the University of Iowa Community Credit Union, Iowa City, Iowa gave a home equity loan to the owner of 741 Dearborn Street in the amount of $20,000.00 and the loan was secured by a mortgage covering the real estate described above; and WHEREAS, the property owner also has a first mortgage on the property; and WHEREAS, the University of Iowa Community Credit Union was induced to make said loan in anticipation of an agreement by the City to subordinate its lien to the Credit Union's lien; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage to University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above described real estate to secure said lien as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 96-229 2 Passed and approved this 6th day of August. ,1996. CITY'CLERK City Attorney's Office It was moved by I~u bb.y adopted, and upon roll call there were: AYES: NAYS: X X X X X and seconded by Norton the Resolution be ABSENT: Baker Kubby Lehman NoVon Novick ThornberN Vanderhoef PPDCDBG~adx~ res SUBORDINATION AGREEMENT THIS AGREEMENT is made by and betweep the City of Iowa Cit~. herein the City, and University of Iowa Community Credit Union of Iowa~ity, Iowa herein the Financial institution. WHEREAS, the City it the owner and holder of a certain rehabilitation lean which at. thi~ time is in the amount of $ 3,275.00 and was executed by Christine P. Brus, singme (herein the Owner), dated December 8 19 94. recorded January 5 , 19 95, in Book 1856 , Pages 107-),18ohnson County Recorder's Office, covering the following-described real property: Lot fourteen (14) in Block Nine (9) in Rundell, Johnson County, Iowa, according to the plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $ 20,000.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real properb/described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabilitation loan held by the City is and shall continue to be subject and subordina~te to the lien of the mortgage about to be made by the Financial Institution. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the rehabilitation loan of the City. SUBORDINATION AGREEMENT Page 2 Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 7th day of August .19 96 By CITY OF IOWA CITY Attest: Mayor City Clerk ClTY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this '7'A- day of A~-r- City Attorney's Office ,199'~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 7]~.,., .~. Tt,~u~c/~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they am the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in ((~'dif~m~e) (Resolution) No. c~o- Z2-'~ passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the ~, ~ day of ~.c.~--r ,19 ?.~ ,andthat ~o,~ .J. 7~,,;~,~. and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) aS: JOHNSON COUNTY ) On this I q'P'q day of JeLl L,{ ,A.D. 19 C~O , before me, the und_ersig. ned. a. Notary Public in, ahd for the Sta.t~ of Iowa, personally appeared -"~&~p,~ .L~0._~JcT~r~cu~ and [~P,O,.~C~,. ~,.~e.\~.O., , to me personally known, who SUBORDINATION AGREEMENT Page 3 being by. me. duly,sworn, did say.that they are the ~nc~ execuaon 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 /_~z ~,~,/(~ Prepared by: Eleanor Dilkes, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 96-230 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CEERK TO ATTEST AN AMENDED SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 1202 MARCY STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a certain Promissory Note and Mortgage executed by the owner of 1202 Marcy Street on July 10, 1992, and recorded in Book 1403, Pages 162 thru 166 in the Johnson County Recorder's Office covering the following described real estate: Lot 1 in Block 1 in Sunnyside Addition to Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the City's lien, which was for a downpayment assistance loan, totals $2,000; and WHEREAS, on October 16, 1995, Hills Bank and Trust Company, Hills, Iowa loaned said owner $46,000 and the owner executed a promissory note, which was secured by a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust Company was induced to make said loan in anticipation that the Down- payment Assistance Loan held by the City would be subordinated to the lien of the proposed first mortgage; and WHEREAS, by Resolution No. 96-152 the City Council authorized the execution of a subordination agreement making the City's lien subordinate to the lien of said mortgage to Hills Bank and Trust Compa- ny; and WHEREAS, the Title Guaranty Division of the Iowa Finance Authority, which has issued a title guaranty certificate to Hills Bank, has requested that certain non-substantive changes be made to the subordination agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the attached amended subordination agreement between the City of Iowa City and Hills Bank and Trust Company, Hills, Iowa. Passed and approved this 6t,h day of_ August. , 1996. ATTEST: ~ CIT'"T CLERK ppdrehab~,~ 202marc amd MAYOR Approved by City Attorney's Office Resolution No. 96-230 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X T X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef AMENDED SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Hills, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain downpayment assistance loan which at this time is in the amount of $2,000.00 and was executed by Carol Hogan (herein the Owner), dated July 10, 1992, evidenced by a promissory note recorded July 14, 1992, in Book 1403, Page 162, Johnson County Recorder's Office, and secured by a Second Mortgage recorded July 14, 1992 in Book 1403, Page 163, Johnson County RecordeJ~s Office covering the following-described real property: Lot 1 in Block 1 of Sunnyside Addition to Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution has loaned the owner the sum of $46,000.00 on a promissory note secured by a mortgage to Financial Institution covering the real property described above recorded on October 20, 1995 in Book 1986, Page 117, Johnson County Recorder's Office; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the loan and mortgage held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted loan and mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage of the Financial Institution. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the loan and mortgage of the City. Binding EffecL This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. SUBORDINATION AGREEMENT Page 2 Dated this ~ */~ day of -/~- ., 19 ~, . CITY OF IOWA CITY FINANCIAL INSTITUTION HILLS BANK AND TRUST COMPANY By Attest: CITY'S ACKNOWLEDGEMENT Mayor T:~ D. Finer Vice President Steve M. ~ordom Seco~.d ¥ice President City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /~ day of ,~,~.~us-r- , 199t, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~n; J. ~o;cK and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (O~dinance) (Resolution) No. q~- Z&~ passed (the Resolution adopt.~) by the City Council, under Roll Call No. ~ of the City Council on the ~, day of /~,.-,=~-- 19 9~. , and that and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of .T.'ly , A.D. 19 96 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared T'im D- FS-ler and Steve t,l. Cordon __, to me. personally known, who being by me ..duly. s. wom, did say that they are the Vice Pres3.deat and Second ¥ice t~res3.aait: , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Tim D, Fii~e.~ and Steve M. Cordon 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. ./ x//Notary Public in and for the State of Iowa I~w~ho<jenhbt.agm ! "~! ,JOHN EIERSEMAN I~ COMM, ISS Eh'~ EXPIRE~ ~'-/~/- q~ RESOLUTION NO. 96-231 RESOLUTION AUTHORIZING THE MAYOR TO SION AND THE CITY CLERK TO ATTEST THE LEASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DAVIS BUILDING PARTNERS FOR THE SUITE, FIRST FLOOR CENTER, DAVIS BUILDING, 322 E. WASHINGTON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City has negotiated a two-year lease agreement with Davis Building Partners for the rental of the suite, first floor center of the Davis Building, 322 E. Washington Street, Iowa City, Iowa. WHEREAS, the City Council deems it in the public interest to enter into said lease for the purpose of renting office space for the Assisted Housing Programs from July 1,1996, through June 30, 1998, at a cost of 930,735 for the first year and 931,635 for the second year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is hereby authorized to sign and the City Clerk to attest said lease agreement with Davis Building Partners. That the City Clerk shall furnish a copy of the lease agreement to any citizen who requests it. Passed and approved this. 6th day of August , 1996. CITY CLERK MAYOR Approved by City Attorney's Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES; NAYS; ABSENT: X X X hisasst/davisbld.res the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef P,eperer John D. Cruise Information Individual's Name 920 S. Dubuqe Iowa City Street Address City LEASE - BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this - day of July by end between Davis Building Partners, an Iowa General Partnership 319-351-8181 Phone SPACE ABOVE THIS LINE FOR RECORDER , lS 96 (hereinafter nailed the 'Landlord") whose address for the purpose of this lease is 834 N. Johnson Street Iowa City (Street and Number) (City) The city of Iowa city, a Municipal Corporation IA 52245 (State} (Zip Code) and (hereinafter called the "Tenant") whose address for the purpose of this lease is 410 E. Washington Street Iowa City (Street end Number) (City) WITNESSETH THAT: IA 52240 (State! (Z,p Code) 1. PREMISES AND TERM. The Landlord. in consideration of the tents harem reserved and of the agreements end conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions harem, the following described real estate. s~tuated in Johnson County. Iowa, to wit: Su'ite, First Floor, Davis Building, 322 East Washington Street, Iowa City, Iowa, consisting of 2245 square feet, more or less (23 South Gilbert Street). with the improvements thereon and ell tights. easements end appurtenances thereto belonging. which, more paf0culally. includes the space and premises as may be shown on "Exhibit A." if and as may be attached hereto, for a term of two ( 2 ) years. commencing at midnight of the day previous to the first day of the lease term. which shall be on the 1 st day of July 19 9 6 , end ending at rnldnJght on the last day of the lease term. which shell be on the 30th day of June 19 98 . upon the condition that the Tenant pays tent therefor. end otherwise performs as in this lease provided. RK.~XXXXX)ilgW.R~ xxx x~(~ XXXXXXXXXXXXX X XXX:C~ X XX X- In ~ddition to the above monthly rental Tenant sh~11 also pay: InfOrmation ~JUIIII u. ~.£u.~=e ~zu ~. uuDuqe ,LOWS (;zcy Individual's Name St,set Address City LEASE - BUSINESS PROPERTY THIS LEASE AGREEMENT. executed in duplicate, made and entered into this day of July by end between Davis Building Partners, an Iowa General Partnership ~l~-3Dl-alai Phone SPACE ABOVE THIS LINE FOR RECORDER · 19 96 (hereinafter sailed the 'Landlord") whose address for the purpose of this lease is 834 N. Johnson Street Iowa City (St,set end Number) (City} The City of Iowa City, a Municipal Corporation IA 52245 (State) {Zip Code) and (hereinefts, called the 'Tenant") whose address for the purpose of this lease is 410 E. Washington Street Iowa City (St,set and Number) (City) WITNESSETH THAT: IA 52240 (State) (Zip Code) 1. PREMISES AND TERM. The Landlord, in consideration of the rents hore,n reserved and o( the agreements and conditions herein contained. on the part of the Tenant to be kept and performed. leases unto the Tenant end Tenant hereby rents and (eases from Landlord. osco,cling to the to,ms end provisions herein. the following described real estate. situated in John son County, Iowa. to wit: Su'ite, First Floor, Davis Building, 322 East Washington Street, Iowa City, Iowa, consisting of 2245 square feet, more or less (23 South Gilbert Street). with the improvements thereon and all rights· easements end appurtenances thereto belonging. which. more parUculedy. includes tha apses and premises as may be shown on "Exhibit A," if and as may be attached hereto. (or a term of two ( 2 ) years, commencing st m!dnlght of the day previous to the first day of the lease term, wh,ch sha!l be on the i st day of JUly 19 9 6 . and ending at midnight on the last day of the lease total. which sha'.l ba on the 30th day of June __ 1s 98 . upon the condition that the Tenant pays rent therefor. and otherwise performs as in th~o lease prowded. RK~KXXXX XXR'iREKx x x xxxx~O~g XXXXXXXXXX X XXXXXX Y,-q;X X XX. In addition to %he abov0 monthly tentel Tenant shall also pay: ~n advance, as ~o[[ows: July ~, 1996 - ~30,735.00; July ~ 1997 - All sums shall be paid at the address of Landlord. as above designated. st at such olhet p~aco in Iowa. or elsewhere. as tim Landlord may, from time to tlmo. previously designate in w.t,ng. Delinquent payments shall draw into~osl a~ 9 % po~ aimurn hem the due date. untd pa~d. 3. POSSESSION. Tenant shall be entitled Io possession on the htst day of Iho lo~m o[ lh,s lease. and shall yield possession to the Londloxd e~ the time end date of lbs close of this lease term. oxccpl es herein olherw~se expressly provided. Should Landlord be unable ~o give poesession on said date. Tenant*s only damages shall be a ~ebaeng of Ihe pro ~ata tentel. 4. USE OF PREMISES. Tenant covenants and agrees durmg Iho [elm of th,s louse Is use and to occupy Iho leased pxom~ses only for Bus~ness O~ce, Assesled Hous~n~ D~v[s~on, For restrictions on such use, see pareg[aphs 6 (c). 6 (d) end ] 3 (b) below. .... ~ ~he Iowa State 8a~ Association 164 LEASE · ~USlNESS PROPERTY CALFS ~elee=e 3.0 Ray,sad November. 1895 5. QUIET ENJOYMENT. Lundlord covenenls that fee simple and that the Tenant on patna the tent herein reserved and this lease, ehefl and may peaceably have, hold and enjoy the demised premises fat Ihe term of ~his lease ~t0o hem molestation, e~cl[on or disturbance by the Landlord of any other persons of legal enhty whatsoever. {But see paragraph ~ 4. below.) Landlord. aha~l have the right to marlgage =11 of hs right. 6tie. inletoat in said p~emises at any 6me whhout notice, subject to this 6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takes said premises in thstt present condition except for such ~epalrs end alterations as may be expressly herein provided. (b) LANDLORD'S DUTY OF CARE AND MAINTENANCE. Landlord will k00p the roof. st~uotural pert of the floor. wells and other atructural perta of the building in good repeir. ~ and in compliance with City Code and State Fire Code. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall. eftat taking possession o! said premises and unh] the termination o! this Jesse end the actual removal from the premises. et its own expense. cefe for and maintain said premises in a reasonably safe and serviceable condition, except for structural parts of the budding. Tenant will hJImsh ~ts own ~ntotiot end exterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act at n0gl[genca of the Tenanl, its agents or employees. Without limiting the genera{try of the foregoing, ~'l~t(!,~J~'~.~k~:,tr~][e~'~.KX~k~tq~W~~K~K~ ~ axeapt ee follows: covedaB and will maintain such floor coyanna in good canalmen. ~K~[~~~~X~~~. Tenant shall make no structural fxom the sidewalk on or abutting the premises, if premises include the ground tloo~, end if th,s lease may be laitly consuued to impose such liability oQ the Tenant 7. (e) UTILITIES ANO SERVICES. Tenant. during the term of thrs lease. 5hall pay. bolero dohnquency. al~ charges for use of telephone, ~w~b~s~~~x electricity and trash disposal. Lapdlo~ sh~l furnis heat, hot and cold water and public restrooms, and provide for mainta~n~ng the sidewalks, shrubs and grass abutting the ]eased premises. (b) AiR ~NDITIONiNG equipment shall be furnished a~ the expense at Landlord ..d thereof at the expense of Landlord (Landlord at (Landlord at Tenant} (c) JANITOR $ERVICE shall be furnished at the expense o[ Tenant {Landlord o, Tenant} {d) H~TING shall be fu~lshed at the expense of Landlord 8. (a) SURRENDER OF PREMISES AT END OF TERM-REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this lease it will surrender, yield up and deliver the loosed premises in good az)d clean cond,t,on. except the effects of ordinary wear and test and depreciation arising from lapse of time, at damage wahou[ fault or hablhty el Tenant. [See else 11 (e} and 11 {e) below] (c) HOLDING OVER. Conllnu0d possession, beyond the expirelely date of the term of this lease. by the Tenant, coupled with the reaeipt of the epeclhed rental by the Landlord {end absent a writtuft agreement by bolh parties for un extension of this lease. or for a now lease) shel] conaPlute a month to month extension of this lease. B. ASSIGNMENT AND SUBLETTING. Any assignment el this lease or subletting of the premises or any part thereof. without the Landlord's w~[lten parmiss[on shell, at the option of the Landlord, make the rental for the balance of lite lease term due and payable at once. Such written permission shall not be unreasonably withheld. 10. (a) ALL REAL ESTATE TAXES, except es may be otherwise expressly provided in this paragraph 10. levied or easessad by lawful authority (but reasonably preserving Landlord's rights o! appeal) against said real property shell be healy paid by the parses m the following proportions: by Landlord ]. 0 0 %; by Tenant %. (b} Increase in such taxes. except es in lbs next paragraph provided. above the amount pa~d during the base year (base year if and as may he dabned in this paragraph) shall be pa~d by Landlord, ]_ 0 0 %: by Tenant %. (o) increase in such texas caused by improvements o! ~ena~t shall be paid by Landlord (C) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shalt, after taking possession of said plamisos end until the termination of this lease end the actual tornoval from the premises, at its own expense. Care Io! and maintain said premises in a reasonably safe and serviceable condition. except for structural parts of the building. Tenant will furnish its own interior end exterior decorating. Tenant will not permit or allow said premises to be damaged or depreciated in value by any act or nagggenca of the Tenant. its agents or employees. Without limiting the generality of the foregoing. ~3~[t<!~l~)g'~:R~][e,k~t[X~k~X'~;~)FR~/~t(}{t~<~0'31~[~K~ ~ except as follows: and Tenant agrees to keep faucets closed so as to prevent waste of water and flooding at premises; to promptly take care of any leakage or atoppage in any of the water gas or waste prpss. The Tenant agrees to maintain adequate heat to prevent freezing of pipes, if end only if the other terms of this lease fix responsibility to~ heating upon the Tenant. Tenant et its own expense may install floor covering end wig maintain such floor covering in good condition. ~'[¢RI~J~Y~;~h-I[~WK~<:~{[Xit<IKI~h~X:I~:.,vXiR~J~ ~[e~-~F-~3~2:~:~;~F`~:~4~;~f-d~:~X~<~4.74~X~~~~ Tenant shall make no structural alterations or Improvements wJti~out the written approval el the Landlord fire} had and obtained, of the plans and specifications therefor. (d) Tenant wig make no u~lawful use of said p~emi~es end eg~oes to comply whh all vahd tegulabons of the Board o~ Health, C~ty Ordinances or applicable munJc~pahty. the laws o~ the State o[ Iowa and the Fedstel government. but th%s pro,sion shall not be construed as Greeting any duty by Tenant to members of the general publ=c. If Tenant. by the terms of (his lease ~s leasing p~emJsos on the ground floor, it will not allow trash of any ~nd to accumulate on said prem~ses in the halls. ~f any, o~ the e'ley or yard Jn f~ont. side at rear thereof. and it will remove same fto~ the pto~Jsos at its own expense. Tenant also eg~oos to re,ova snow and ice aR~ other ohsfacies from the aidewalk on or abutting the premises, if premises include the ground float. and if this lease may be fairly construed to impose such liability on the Tenant 7. (e) UTILITIES AND SERVICES. Tenant. du~Jng tim (o~m of [h~s Iceso. shall pay, before dehnqu0ncy, all cha~gos fat use of telephone. ~~a~K~~RX electricity and trash disposal. Lapdlord sh~l furnisl heat, }~ot and cold ~ater and public res}rooms, and provide for maintainin~ t~e side~alKs, shrubs and ~rass abutt.ln~ the leased pt'emises. (b) AIR ~NDITIONING equipment shall be furnished at the expense of L~d lord and maintenance thereof at the expense of ~a~OT~ {Landlord or Tenant) (Landlord or Tenant} (c) JANITOR SERVICE shaft be furnished at the expense of ~a ~[ (Landlord o~ Tenant) (d) H~TING shall be famished a~ the expense of ~ [ OT~ (Laqdlord at Tenant) 8. (e) SURRENDER OF PREMISES AT END OF TERM--REMOVAL OF FIXTURES. Tenant agrees the} upon the termination of this loose it will surrender. yield up and dahver the leased premises in good and clean canaltalon. except the effects of ordinary wear and tear end depreciation arising from lapse of time, or damage w~lhout fault or heb;hty of Tenant. ISoo also 11 (el and 11 (e) belowl {c) HOLDING OVER. Continued possession. beyond the oxp~reloty data oI the te~m of th~s Iceso, by the Tenant. coupled w~th the receipt of the specified ten}el by the Landlord (and absent a Will}on agreement by both par}ms for an extension of th~s ]essa. at for a now lease) shell constitute a month to month oxtonsmn of this lease. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the p~emisee or any pert thereof. without the Landlord's written permission shell, at the option of the Landlord, make the reit}el fez the balance of the lease term due and payable at once. Such written permission shell not be unreasonably withheld. 10. (s} ALL REAL ESTATE TAXES. except as may be otherwise expressly p~owded in th~s paragraph 10. lawad or assessed by lawful authority (but reasonably preserving Landlord's rights of appeal) against said reel property shall be timely paid by the parties in the following proportions: by Landlord 1 0 0 %: by Tenant %. (b) Increase in such taxes. except as in the next paragraph provided. above the amount prod during the base yea! of (bose year if and as may be deiined in this paragraph) sha!l be pa~d by Landlord. l 0 0 %; by Tenant %. (c) Increase in such taxes caused by improvements at Tenant sha~l be pa~d by Landlord 1 00 %; by Tenant °/5. (d) PERSONAL PROPERTY TAXES. Tenant ogreos to omaly pay atl taxes. assessments or other pubhc charges lewed or assessed by lawful authority (bdt reasonably presetwag Tsnent's nghts of appeal} against ils personal piepetty on the premises, dunng the term of this lease. (e) SPECIAL ASSESSMENTS. Special assessments shall be timely paid by the pallres in the following propcroons: by the Landlord :]. O0 %; by the Tenant -- % · I 1. INSURANCE. (e) Landlord end Tanon} w~ll each keep ~15 ~espectlva properly u~terosts ~n the premises and its Imbihty in regard thereto. and the personal property of} the prom~scs. reasonably insured against hazards and casualties: that is. h~o and those items then due and owing Landlord by '~enant. [See also 11 to) below} 'l Lb) Tenant wdl not do or omit the do=no of any act whmh would vibata a-y insurance. or increase th0 insurance rates in {orca upon the reel estate improvemorns on the promises or upon any personal property of lha Tenant upon which the Landlord by law or by the terms of this lease, has or shad have a hen. (c) Subrogation rights ere not to be walvod unless a spaclal provision is attached to title lease. (d) Tenant further egress to comply with recommendations of Iowa Insurance Service Bu£eau and to be hable for and to promptly pay. as if current rental. any increase in insurance rates on said promises and on the building of which said premises are a part. due to incrsasad risks or hazards resulting from Tenant's use of the prom[sos otherwise then as lierein contemplated and agreed. (s} INSURANCE PROCEEDS. Landlord shall settle and odiust any claim against any insurance company under its said policies of insurance for th0 promises, and said insurance monies shall ba pald Lo and held by the Landlord to be used in payment for cost of repairs or restoration of damaged building. if the destruction is only partial. (Sea a!so 11 (a}. above. J 12. INDEMNITY AND LIABILITY INSURANCE. Except as to any naghgance of the Landlord. arising out of toot and structural parts of the building. Tenant will protect. indemnify and save harmless the Landlord from and against any and all loss. costs, damage and expenses accosigned by. or arising out of, any accident or other occurrence causing or inflichno injury and/or damage to any person or property. happening or done. in. upon or about the leased premises. or due d~roctly or indirectly to the tenancy. use or occupancy thereof. el any pert thereof by the Tenant or any person claiming through or undal the Tenant. The 'ionera further covenants and agrees that it will at its own expense procure and maintain casualty and hebihty insurance ~n a [aspensibis company or companies authorized to do business in tile State of Iowa. in amounts not less than $100.000 for any one person injured. and $500.000 for any one acc~dent. and with the hm=ts of $25.000 for property damage. the term thereof. Co~tdicetes or copies of sa~d po:mios. naming lite Landlord. and p~owd~ng fat fifteen {15) ,-- days' notice to the Landlord before cancellaban sha!l be dehvered to the Landlord w~thhl twet~ty (20) days from the date of the beginning o! (he ta~m of th~s lease. As to insurance of the Land~ord {or root and strutlure[ foul(s. see paraoraph 1 ] {a) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. {e) In tile avant o! a partial destruction or damage of the leased reasonably repairable within sixty (60) days after ils occurrence. thts lease shall not lem~inato but the rent lot the leased p~emisos shall abate during the time of such business interioranco. In the event of parttel destruction. Landlord shall repair such damages within SO Lb) ZONING. Should the zoning ordinance of the c~ty or munic;pai~l¥ m whmh th~s property ~s located make it imposs~bla for Landlord. using dihgent and timely efforl to obtain necessary patmils and 1o tape. and/or rebuild $o that Tenant ~s nor able to conduct its business on these premises, then such paltial destruction shall ba treated as e total desHucuon es m the nexl pareglaph provided. (C) TOTAL DESTRUCTION OF BUSINESS USE. In tile event of a daslruct.on or damage of the leased prommss including the parking area (~f e parking area is e part of the subject matter of this lease) so [hal Tana.t is not able Io conduct its business on the premises or the then currant legal use for which th0 promises are being used end wh,ch damague cannot be repaired w~lhm S~xty {60) lease. Landlord e( its option. may rebuild or not. according lo ~ls o~vn ~shcs a[~d needs 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should Iha whole or any part el Iha demised prom~sas be condemned or taken award payable to it. Or in the event that a smg:e anhre award ~s made on accounl of the condemnabol~. each party will then be entitled {hi DATE OF LEASE TERMINATION If the whole of the demised plern~ses shall be so condem[~ed or taken. the Landlord shall not be liable to the Tenant except end as its rights are preserved as in paragraph 14(a) above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. lease may et the option of the Landlord he conco!lad and forfeited. PROVIDED. HOWEVER. be{ore any such cancellation end forfeiture except as provided in 15(b) below. Landlord shall give Tenant a winten .atica spatdying the default. or defaults. and stating that this lease wdl be cancelled and forfeited ion (10) days slier ihs giwng of such halice, unless such default. or defaults. foregoin0 {and neither exclusive o! the ethel) Landlord may proceed as m paragraph 21. helen's. prowdee. Lb) BANKRUPTCY OR INSOLVENCY OF TENANT. In the eve~tr Tonertl is odiud.ceted a bankrupt or in the event of a jud.cial sale or other transfer of Tenam*s leasehold interest by reason by any bankruptcy or insolvency proceedings or by olher operation ef law. bt~t not by death, and such bankruptcy. judicial sale or transfer has not been vacated or set aside wilhm ten (10) days from the giving of notice premises. upon giving of Ion (10) days' wryIron not~ce by Landlord to Tenant. oil to the extent permitted by applicable law. (c) In (e) and Lb) above. waiver as to any defaull shall not co.sntulo a waiver of any subssquare dofaull or delaulla. {d) Acceptance Of keys. advertising and re-raining by the Landlord upol~ tl~e Teneni'$ default shall be construed only as an effort to mitigate damages by th0 Landlord. and not as sq agreement to terminals Ih[s lease. or restoration of damaged building. if the destruction is only partial. [Sos else 11 (a}. above.| 12. INDEMNITY AND LIABILITY INSURANCE. Except os to any nagl:genco of the Landlord. arising out of ~oof and structural parts of the btzilding, Tenant will protect indemnify and say0 harmless the Landlord (tom and against any and all loss, castS, damage and expenses ecoasigned by, or arising out of, any accident or other occurrence causing or inflic~ ng n ury and/or damage to any person property. happening or done. in, upon or about the leased premises. or due dir0ctiy or indirocdy to the tenancy. use or occupancy thereof. or any part thereof by the Tenant or any person claiming through or under the Tenant. The Tenant further covenants end agrees that it w~11 at its own expense procure and mo~ntaln casualty and hah;lily insurance in n ~esponsiblo company or cornpomes authorized to do business in the State of Iowa, in amounls not less than $100,000 for any one person iniursd. and $500,000 for any one accident, and with the [;mits o( $25.000 for property damage, protecting the Landlord against such claim. damages. costs or expenses on account of iniury to an,,, person or persons. or to any property belonging to any person or persons. by reason of such casualty. accudata or other happening on or about the demised promises during the term thereof. Certificates or copms of said pohcios, nomhtg the Landlord. and prorid,rig for fillsen [15} days' notice to the Landlord before cancellotion sha[I be delivered to tits Landlord w,thin twenty {20) days from the date of the beginning of the term of this lease. As to insurance of the Landlord for roof and structural faulls. see palegraph 11 (a) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. {a) In the event of s pottle[ destruction or damage of the leased premises. which is a business interference. that is which prevents the conduct, he of a normal business operation end which damage is reasonably repairable within sixty (60) days after its occurrence, this lease shall not rolm)note but the rent }or the eased p sm~sos shah abate during the time of such business interference. In the event of part)at deetr[~cbon. Landlocal shag repair such damages within 60 days of its occurrence unless prevented from so doing by acts el God. the eI0mants, the public enemy. strik0s. riots, Insurrection, government regulations, city ordinances. labor, meier;el o~ transportation shortages. or othor causes beyond Landlord's reasonable control. (b) ZONING. Shou:d the zoning ordinance of the city or municipality in wh,ch th~s property is located make it impossible for Landlord, using ddigont and timely effort to obtain necessary permits and to repair and/or rebu[!d so that Tenant is not able to conduct its business on thaao promises, then such partial destruction shall be treerod as a total dosttucSon as in the next paragraph prowdad. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a dostracoon or damage of the leased promises including the parking area (if a parking area is a part of the subject matter of this lease} so that Tenant ,s not able to conduct its business on the premises the then current legal use for which the premises are being used and which danleges cannot be repaired within s~xly (60) days this lease may be terminated at lite option ot either the Landlord or Tenant. Such tornliner)on ~n such event shall be effected by written notice of one patty to the other. within tworoy (20} days after such destruction. Tenant shall surrender possession withi~ ton (10) days after such nouco issues end. each patty shall be released hem future obligations hereunder. Tenant paying tenter pro ~eta only re the date of such dosttucson. In the event of such termination of this loose, Landlord ot its option. may rebuild or not. accordrap to its own w~shes and needs. 14. CONDEMNATION. (el DISPOSITION OF AWARDS. Should the whole or any pall el the demised promises be condemned or taken by o competent authority for any pubhe or quasi-public use or purpose. each party shall be cnhded to retain. as its own property, any award poyabls to it. Or in the event that e sing10 entire award ,s mede on account of the condemnation. each party will then be entitled to take such proportion of said award as may be fmr and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the dammed plem~ses shall be s,~ condemned ot taken. the Landlord shalt not be liable to the Tenant except end as its rights are preserved as in paragraph 14to) above. 15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (el TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease she11 terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if any such option is exorcised by the Tenant. then this lease will terminate at the expiration of the optran term or terms. Upon default in payment of rental herein or upon any other default by Tenant m accordance w~lh the terms and provisions of th~s lease, this lease may at the option of the Landlord be cancelled and forfeited, PROVIDED. HOWEVER, before any such cancellation and forfeiture except as provided in 15(b) below, Landlord shall give Tenant a w~tlen notice specilymg the default. or defaults, end stating that this lease will be cancelled end forfeited ten (10) days after the giving of such not,cs. unless such default. or defaults. are remedied within such grace period. (See paragraph 22. below.) As an addtaonal opnonal procedure ot as an alternative to the foregoing (and nO)thor exclusive of the other) Landlord may proceed as in paragraph 21, below. provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event 'fenant is adjudicated a bankrupt or m the event el a judicial sale or by death. end such bankruptcy. iudicial sale or transfer has eel been vacated or set as,de within ten (10) days from the g,ving of notice prom)sea, upon giving of ton (10) days' written not)ca by La~dlnrd to Tenant. eli to the exlant palm,trod by apphcabls law. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. II default shall be made by mlhor pa~ty in the thirty (30) days after written notice thereof from one party to the otl~or. the person oggricved, in add,ben to allother remedies now or hereafter provided by law, may. but need not, poHo~m such tern1. covenant or condmon. or nlako good such default end any amount advanced shall be repaid forthwith on demand, together with interest at the ratc of g % per annum, from date of advance. 17..SIGNS (a) Tenant shell have the right and privilege o( ottochang. afhx,ng. pa]n[,ng or exhibiting s~gns on the leased promleos. provided only (I) that any and a!l signs slmll comply with the old,nonces of the city or mumcipahty m which the property ~s located and the laws of the Store o! Iowa; (2) such signs shall not change the structure el the building; {3) such s~gne if and whe~ taken down shall not damage the building; and (4) such signs shall be subiect Io the written approval of the Landlord. which approval shall not be unreasonobly withhold. (b) Landlord during the last ninety (90) days of this loose. or axtons~on. shall have the right to mmntam m the windows or on the building or on the premises either or both a "For Rent" or "For Sale" sign and Tenant will pcm~it. at such time, prospective tenants or 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, titrough. or under the Tenant. shall have the fight to file Or place Any m,~chanio'a lien or other lien of any kind or character whatsoever. upon stud premises Or upon any buildrag or improvement thereon, at upon the leasehold interest of the Tenant therein. and notice ts boreby given that no contractor. sub-COnlreCtOr. or anyone else who may furnish any material, service or labor for any building. improvements, aitoratios'L topairs or any part thereof. shall at any time be or became entitled to any lien thereon. and for ths further security of the Landlord. the Tenant covenants and agrees to give actual notice thetee! in advance, to any end all contractors and sub-contractors who may lurnish or egraa to furnish any such material. service or labor. lli. LANDLORD'S LIEN AND SECURITY INTEREST. (s) Said Landlord shall have in edd~tion to the lien given by law. a security interest as protided by the Uniform Commercial Code of iowa, upon all personal property and all substitutions therefor, kept and used on said premises by Tenant. Landlord may proceed at law or in equity with any rsmsdy provided by law or by this lease for the recovery of rent. or for termination of th~e lease because of Tanant'a doloult in its perlormancs. (b) SPOUSE. if spouse is not a Tenant. then the execution of this instrument by the spouse shall be for the sole purpose of creating a security Interest on personal property end waiving rights of homestead. rights of distributive share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT. MERCHANDISE, ETC. (a) The Tenant shall have the right. from time to time. during the term of this lease. or renewal thereof, to sell or otherwise dispose at any personal property of the Tenant situated on the said demised premises. when in t~.o judgement o! the Tenant it shall have become obsolete. outworn or unnecessary in connection with the operation of the business on said premises; provided. however. that the Tenant shall. in such instance (unless no substituted article or item is necessary) at its own expense. substitute for such items of personal property so sold os otherwise disposed of. a new or other item in substitution thereof, in Ilks or greater value and adopted to the afhxed operation el the busmess upon the densiced premises. (b) Nothing herein contained shall ba construed as denying to Tonanl tits nght to d~spose oI inventcried merchandise in the ordinary course of the Tonant's trade or business. 21. RIGHTS CUMULATIVE. The various rights. powers, oplions. elections mid remedies of either parly. provided m this lease, shall be construed as cumulative and no one of them as exclusive of the othsrs, or exclusive of any rights. remedies or priorities allowed either party by law. and shall in no way affect or impair ths right of either party to pursue any other equitable or legal remedy to which eithsr party may be entitled as long as any default remains in any way untamed~ed. unsarisf.ed or undischsrgod. 22. NOTICES AND DEMANDS. Nodcan el provided for in this lease shall be given to the respective parties hereto at the respective ~ddrsseaa designated on page one of this lease unless either party notil~os the othah in w~ting. o! e ddferont address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication. such message shall be considered given under the terme of this lease when sent. addressed as above designated. postage preps.d, by registered or cartiliad mail, return receipt requested, by the United States mail and so deposited in a United States mail box. 2S. PROVISIONS TO BIND ~ND BENEFIT SUCCESSORS. ASSIGNS, ETC. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors. heirs. administrators. executors and assigns o! the parties hereto; except that If any part of this lease Is hold In joint tenancy. the successor in interest shall be the surviving joint tenant. 24. CHANGES TO lie IN WRITING. None of the covenants. provisions. terms or conditions of th~s lease to ba kept or periarmed by Landlord or Tenant shell be in any msnnsr modified. waived or abandoned. except by e written msnument duly signed by the parties and delivered to the Landlord and Tenant. This lease contains the whole agreement of the parries. 25. RELEASE OF DOWER. Spouse of Landlord. appears as a party signatory to thru lease solely for the purpose of releasing dower. or distributive share, unless said spouse is also a co-owner of an interest in the leased promises. 26. CONSTRUCTION. Words and phrases herein. includmg acknowledgment hereof. shall be construed as in the singuisr or piura~ number, and as masculine, feminine or neuter gender according to the context. 27. Notwithstanding any of the above, after July 1, 1996, Tenant may terminate this Lease-B~tsiness Property by providing notice to Landlord at least six (6) months prior to the date of termination. In the event of such termination, any advance rent paid and covering the period beyond the. date of termination shall be refunded to the Tenant on a prorated basis. ATTEST: ~ Marl~ K. garr, City Clerk IN WITNESS WHER. EOF, the parties hereto have duly axecured titis tease in duphcete the day and year hrst above written. -B-~ce R. Glasgow, PartnerJ CITY OF IOWA CITY NaOmi J.6/No~Lick, Mayor LANDLORD TENANT seourity interest on personal property and waiving rights of homestead. rights of distributive share, and exemptions. 20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. (a) The Tenant shall have the right. from time to time, duting the term of thio lease. or renewal thereof. to =ell or otherwise dispose of any personal property of the Tenant situsled on the said demised premises, when in the Judgement o! the Tenant it shall have become obsolete, outworn ox unnecessary in connection with the opaLorion of th0 business on said premises; provided, however. that the Tenant shall. in such instance (unloos no substituted article ot item is necessary) st its own expense, substitute for such items of personal property so sold or otherwise d~sposad of. a new or other item in substitution thereof, [n like or greater value and adopted to the eflixad operation el the business upon the demised premises. (b) Nothing herein contained shall be construed as denying to Tenant tiaa right to dispose of inventorled merchandise in the ordinary course of the Tanant'e trade or business. 21. RIGHTS CUMULATIVE. The various rights, powers. options. elections and reinedres el either party, provided in this lease, shell be construed as cumulative and no one of them as exclusive of the others. or exclusive of any rights. remedies or priorities allowed either party by law. end shall in no way affect or impair the right of either patty to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied. unsatisf.ad or und[scha~gad. 22. NOTICES AND DEMANDS. Notices ae provided for In this lease shall be given to the respective ps;tMs hereto at the respective ~ddreeess designated on page one of this lease unless either patty nobties the other. m writing, of e dzlferont address. W~thout prejudice te any other method of notJi~ying a party In writing or making a demand o~ other communication. such message shell be considered given under the terms of this lease when sent, addressed as above designated. postage prepaid. by registered or cartJibed mail, return receipt requested, by the United States mall end so deposited in e United States mail box. 23. PROVISIONS TO BiND 'AND BENEFIT SUCCESSORS. ASSIGNS. ETC. Each and every covenant end agreement herein contained shall extend to and be binding upon the respective successors. heirs, odmJnlstretors, executors and assigns of the parties hereto; except that if any part of this lease Je held in joint tenanoy. the successor in ~ntatast shall be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the sevenants, provisions. trams or conditions of this lease to be kept ot parlormad by Landlord or Tenant shall ba in any manner modified. waived or abandoned. except by a written instrumonl duly signed by the parties and delivered to the Landlord end Tenant. This lease contains the whole agreement of the patties. 26. RELEASE OF DOWER. Spouse of Landlord. appears as a party signatory re this lease solely for the purpose of releasing dower. or distributive share, unless said spouse is also e co-owner of an interest in the leased promtees. 26. CONSTRUCTION. Words and phrases heroin, including acknowledgment hereof, shall be construed as in the singular or plural number. and as masculine. feminine or neuter gander according to the context. 27. Notwithstanding any of the above, after July 1, 1996, Tenant may terminate this Lease-Business Property by providing notice to Landlord at least six (6) months prior to the date of termination. In the event of such termination, any advance rent paid and covering the period beyond th~ date of termination shall be refunded to the Tenant on a prorated basis. IN WITNESS WHEREOF, the parties hereto have duly axegored th~a lease in duplicate the day and year first above written. DAVI~DI NG PARTNERS / ~z~.4z~ ~z. ~_j CITY OF IOWA CITY Mari~n K. Karr, City Clerk RR~t~E Nac~i J.(/Nox(ick, Mayor )ATTACH APPROPRIATE ACKNOWLEDGMENTS HERE) LANDLORD TENANT City ,/il, ttorney s Of':: (4) FOR TIlE LEGAL EFFECT OF THE USE OF THiS FORM, CONSULT YOUR LAWYER STATE OF Iowa ___, COUNTY OF Jolmson __, ss: On this _. day of July .19 96 , before me, the undersigned, a Notary Public in and for said state, personally appeared Bruce R. CIasgow to me personally known, who being by me duly sworn, did say that the person is one of the partners of Davis Building.Partners , a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. , Notary Public in and for said state. THE IOWA STATE BAR ASSOCIATION Official Form No. 181 Acknowledgment: For use in the case of partnerships STATE OF IOWA, Johnson COUNTY, ss: Onthis G ~'~ dayof /~wG~=:;r'-- -A~]y ,19 96 ,before me, the undersi9ned. a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr , to me personally known, who, being by me duly sworn. did say that they are the Mayor and Cily Cleft(, respectively, of the City of Iowa C~.ty , Iowa; a municipal corporation; that the seal affixed to lhe 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 ~No. ~'~- ~ ~ [ passed by Resolution of the City Council under Roll Call No. ~ -'---- of the City Council on the ~, ~ day of ~(~G~'r' ,19._,q~· ;and Naom~ J, Nov~ck and Ha r :[ an K. Ka r r acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by ~t voluntarily executed. IOWA STATE BAR ASSOCIATION Official Form No. 182 {~,~,~o Ma,~. Reg,ste,ed. Slate of Iowa. tgG7} This Pdnbng January. ~986 , Notary Public in and for said State. ~_, uuu~ ~ ~ u~ .......... , ss: On this day of July ,19 96 , before me, the undersigned, a Notary Public in and for said state, personally appeared Bruce R, Clas§ow to me personally known, who being by me duly sworn, did say that the person is one of the partners of Davis Building Partners ,apartnership, andthattheinstrumentwassignedonbehalfofthepartnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. THE IOWA STATE BAR ASSOCIATION Official Forin No. 181 Acknowledgment: For use in the case of partnerships , Notary Public in and for said state. FOR THE LEGAl. EFFECT OF THE USE OF THIS FORM. CONSULT YOUR LAWYER STATE OF IOWA, Johnson COUNTY, ss: On this /~ "~ day of /~wc~(( = r- ~ ,19 96 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novtck and Marian K. Karr , to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City , Iowa; a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on /~.~,'~r~ behalf of the corporation, by authority of its City Council, as contained in I~a~e No. ~'~ ~ ~P ~ [ passed by Resolution of the Cily Council under Roll Call No. ~ ~ of the City Council on the ~, ~L_ day of ~G~'/-- ,19 ~ ;and Naomi O, Novick and Mar i an K, Karr acknowledged lhe execution of the instrument to bs their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. IOWA STATE BAR ASSOCIATION Official Form No. 182 {Trad0-M~rk Reg,$1ered. Slate or Iowa. t967) This Prlnling January I986 Acknowledgement: For use in the case of municipalities __, Notary Public in and for said State. (Section 558 39. Code 01 Iowe) , n. 9 Prepared by: Charles Schmadeke, Public Works Director. 410 E. Washington St., Iowa City, IA 52240; 319- 356-5141 RESOLUTION NO. 96-232 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITY SITE WHEREAS, the Engineering Division has recommended that the work for construction of a production well ih the Jordan aquifer at the Iowa City Water Supply and Treatment Facility site, as included in a contract between the City of Iowa City and Layne-Westem, a Division of Layne, Inc. of North Liberty, Iowa, dated October 10, 1995, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 6th day of Auqust ,1996. ATTEST:ciT LERK/ MAYOR Approved by City Attorney s Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF IOWA CITY July 18, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Production Well in the Jordan Aquifer at the Water Supply Treatment Facility Site Dear Honorable Mayor and Councilpersons: I hereby certify that the construction a Production Well in the Jordan Aquifer at the Water Supply Treatment Facility Site has been completed in substantial accordance with the plans and specifications prepared by Howard R. Green Company. The final contract price is $327,379.60. 1 recommend that the above-referenced improvements be accepted by the City of Iowa City. Public Works Director 410 EAST ~WASXlNOTON STRE£T · IOWA CITY. IOWA ~2240-1S26 · (319) 3~6-$000 · FAX (319) .~56-5009 Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 522z~0; 319- 356-5141 RESOLUTION NO, 96-233 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF A PUMP TEST/PRODUCTION WELL, A PRODUCTION WELL, AND OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE IOWA CITY WATER SUPPLY AND TREATMENT FACILITY SITE WHEREAS, the ~ngineering Division has recommended that the work for construction of a pump test/production well, a production well, and observation wells in the Silurian aquifer at the Iowa City Water Supply and Treatment Facility site, as included in a contract between the City of Iowa City and Aquadrill Inc. of Coralville, Iowa, dated April 25, 1995, be accepted and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City Council of Iowa City, Iowa. Passed and approved this 6th day of Auqust ,1996. ATTEST:_~D~.-~ CIT? CLERK Approved by ttorney's Office ,~' It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: X X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY July 22, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Pump Test/Preduction Well, Proouction Well and Observation Wells in the Silurian Aquifer Dear Honorable Mayor and Councilpersons: I hereby cedify that the construction of a pump test/production well, production well and observation wells in the Silurian Aquifer has been completed by Aquadrill, Inc. of Coralville, Iowa in substantial accordance with the plans and specifications prepared by Howard R. Green Company. The final contract price is $293,372.50. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Charles J. Schmadeke, P.E. Director of Public Works 410 EAST WASHINOTON S'[RE£T · IOWA CITY. IOWA 52240-1826 t (319) 356-:1000 · FAX (319) 356-5009 Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 96-234 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER PUBLIC IMPROVEMENTS FOR LOTS 23, 24, 33 AND 34 IN WEST SIDE PARK WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer and storm sewer improvements for Lots 23, 24, 33 and 34 in West Side Park, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements are hereby formally accepted.. Passed and approved this 6th day of August , 1996. MAYOR Approved by ATTEST: ~~ ~. '~4~c~ CIT~ CLERK It was moved by Kubby and seconded by Norton adopted, and upon roll call there were: AYES: NAYS: X Baker X Kubby X Lehman X Norton X Novick x Thornberry X Vanderhoef City/ Attorney s Office the Resolution be ABSENT: ENGINEER'S REPORT CITY OF I0 WA CITY July 24, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Lots 23,24,33 and 34 in West Side Park Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and storm sewer public improvements for lots 23,24,33 and 34 in West Side Park has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer and storm sewer improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Storm sewer constructed includes 180 lineal feet of 18-inch diameter reinforced concrete pipe (RCP) and 1 manhole. Sanitary sewer constructed includes 348 lineal feet of 8-inch diameter vitrified clay pipe (VCP) and 3 manholes. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sinc~erely, Richard A. Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · iOWA CITY, IOWA 52240-1826 · (319) 356-$000 · FAX (319) 3S6-S009 Prepared by: Eleanor Dilkes, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 96-235 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY STORM SEWER CONSTRUCTION EASEMENT AGREEMENT BETWEEN SMITH-MORELAND PROPERTIES, THE CITY OF IOWA CITY, IOWA AND THE AIRPORT COMMISSION WHEREAS· the City and the Airport Commission own and control real estate to the east of West Side Park Addition in Iowa City, Iowa; and WHEREAS· in connection with construction in West Side Park Addition, Smith-Moreland Properties needs to obtain a 15 foot-wide easement on said real estate owned and controlled by the City and the Airport Commission for the construction and installation of a storm sewer; and WHEREAS, a temporary storm sewer construction easement agreement has been negotiated and Smith-Moreland Properties has executed the same; and WHEREAS, said agreement provides that the installation of the storm sewer shall be in accordance with City specifications and the obligation to install, replace and maintain said storm sewer shall remain on Smith-Moreland Properties until completion by Smith-Moreland Properties, and that upon City's acceptance of said storm sewer improvements by resolution of the City Council the easement will terminate; and WHEREAS, Smith-Moreland has agreed to indemnify the City and the Commission against any loss and damage which shall be caused by the negligent exercise of its easements rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the temporary storm sewer construction easement agreement attached hereto is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest said easement agreement on behalf of the City of Iowa City, Iowa. Passed and approved this 6th day of Auqust · 1996. "r PORATE SEAL ATTEST: ~-~ ~' CIT? CLERK MAYOR City Attorney's Office .... 2143 269 Resolution No. 96-235 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: AYES: NAYS: X Norton ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef v~...143 ~[ 270 TEMPORARY STORM SEWER CONSTRUCTION EASEMENT THIS AGREEMENT made and entered into by and between Smith-Moreland Properties, an Iowa General Partnership, hereinafter referred to as "S-M", which expression shall include its successors in interest and assigns, the City of Iowa City, Iowa, hereinafter referred to as "City," which expression shall include its successors in interest and assigns, and the Airport Commission of the City of Iowa City, Iowa, hereinafter referred to as "Commission," which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, City and Commission hereby grant and convey to S-M a temporary easement for the purposes of excavating for and the installation of storm sewer lines, pipes, mains and conduits as S-M shall elect for conveying storm water, together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof, and also a right of way with right of ingress and egress thereto, over and across the following-described premises (hereinafter "easement area"), a plat of which is attached hereto as Exhibit "A": Commencing at the Northeast Comer of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence S00°33'00'~/V, along the East Line of said Section 20, a distance of 377.50 feet, to its intersection with the Centerline of Primary Road No. 1; Thence S35°30'30'~/V, along said centerline, 1838.60 feet; Thence N54°29'30'%/V, 101.30 feet, to the most Eastedy Comer of the Iowa Department of Transportation Right of Way Plat, recorded in Book 811, at page 317, of the records of the Johnson County Recorder's Office; Thence S44°26'30'~/V, along the Southeasterly Line of said Right of Way Plat, 7.59 feet to the Point of Beginning of the centerline of a 15.00 foot wide private storm sewer easement; Thence N54°29'30'~/V, along said Centerline. said line being parallel to and 7.50 feet normally distant southerly from the Northerly Line of said Right of Way Plat, 224.41 feet, to the Point of Termination of said 15.00 foot wide private storm sewer easement, said termination point being 42.68 feet South of the Southeast Comer of Lot 3, West Side Park Addition, as recorded in Plat Book 24, at page 45, of the records of the Johnson County Recorder's Office. City and Commission further grant to S-M the following rights in connection with the above: The right to grade said easement area for the full width thereof within the easement area. The dght from time to time to tdm, cut down and clear away all trees and brush on said easement area which now or hereafter in the opinion of S- M may be a hazard to said area, or may interfere with the exercise of S- M's rights hereunder in any manner. o 2 S-M shall indemnify City and Commission against any loss and damage which shall be caused by the negligent exercise of said easement rights by S-M, its agents or employees. City and Commission reserve a dght to use said easement area for purposes which will not interfere with S~M's full enjoyment of its rights hereby granted. City and Commission hereby covenant with S-M that they are lawfully seized and possessed of the real estate above described, and that they have good and lawful right to convey it or any part thereof. This easement is for the purpose of allowing S-M to construct and install said storm sewer. Said installation shall be in accordance with City specifications and the obligation to install, replace and maintain said storm sewer shall remain on S-M until completion by S-M. Upon City's acceptance of said storm sewer improvements by resolution of the City Council of Iowa City, Iowa, duly recorded in the Office of the Recorder of Johnson County, Iowa, this easement will terminate. This easement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land and with title to the land. SIGNED this /~ dayof /'~v~t/J~" ,1996. SMITH-MORELAND PROPERTIES, an Iowa General Padnership , · Mo CITY OF IOWA CITY, IOWA By: Na(:~i J. l~vic~, Mayor City Attorney's Office By: Madan K. Karr, City Clerk CORPORATE SEAL v:. 2143 ¢4cr 272 AIRPORT COMMISSION OF THE CITY OF I~,,~A CITY, I/~/A Howard Horan, Chairperson By: Pat Foster, Secretary STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~.L day of__,~, 1996, before me, the undersigned, a Notary Public in and for said state, personally a~'peaf'ed John W. Moreland, Jr., to me personally known, who being by me duly sworn, did say that the person is one of the partners of Smith-Moreland Properties, an Iowa General Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. STATE OF IOWA ) ) JOHNSON COUNTY ) Public in a or the State of Iowa n//~ SS: On this ..G__ day of/~,~- , 1996, before me, the undersigned, a Notary Public in and for said state, personally appeared Naomi J. Novick and Madan K. Karr, to me personally known, who being by me duly sworn, did says 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 the City Council of said municipal corporation; and that the said Naomi J. Novick and Madan K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. NOTARtAL SEAL Notary Public in and for the State of Iowa .... 2143 273 4 STATE OF iOWA ) ) JOHNSON COUNTY ) SS: On this ~ day of ^u~;ust ,1996, before me, Marian K. Karr, a Notary Public in and for the State of Iowa, personally appeared Howard Horan and Pat Foster, to me personally known, who, being by me duly sworn, did say that they are the Chair and Secretary, respectively, of the Iowa City Airport Commission and that the instrument was signed and sealed on behalf of the Commission, by authority of Resolution No. P.-O74 passed and adopted by the Commission on the 15 day of Au¢U~_t , 1996, and that Howard Horan and Pat Foster acknowledged the execution of the instrument to be their voluntary act and deed of the Commission, by it voluntarily executed. ublic in and for the State of Iowa legal\eleanor~s&M.tce 2148 274 P. 02 LEGEND AND NOTES P~NT OF BE¢4NIN6 .I / \ ','.:. 2143 ,'~cr 275 Prepared by: Sarah E Holecek. Asst City Attorney. 410 E. Washington St. Iowa City (319) 356-5030 RESOLUTION NO. 96-236 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO AIrTEST A SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT AND A SANITARY SEWER EASEMENT AGREEMENT FOR QUAIL VALLEY CONDOMINIUMS IN WEST SIDE PARK, IOWA CITY, IOWA. WHEREAS, pursuant to Title 14, Chapter 5, Article H of the Iowa City, Iowa, City Code, West Side Co. submitted a site plan for a development known as Quail Valley Condominiums within West Side Park; and WHEREAS, City staff has approved the site plan for Quail Valley Condominiums subject to the property owners entering into a Sanitary Sewer, Storm Sewer and Drainage Easement Agreement and a Sanitary Sewer Easement Agreement upon acceptance of the public improvements by the City; and WHEREAS, Public Works is now recommending acceptance of the completed improvements within this development; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said e~sement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer, Storm Sewer and Drainage Easement Agreement and the Sanitary Sewer Easement Agreement for Quail Valley Condominiums. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreements in the Johnson County Recorder's Office at West Side Co.'s expense. Passed and approved this 6th day of MAYOR ATTEST: Auaust . 1996. Resolution No. 96-236 Page 2 It was moved by Kubl;t.V and seconded by adopted, and upon roll call there were: Nnrfon AYES: NAYS: ABSENT: X X X. the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef SANITARY SEWERr STORM SEWER AND DRAINAGE EASEI~ENT AGREEMENT FOR WEST SIDE PARK~ IOWA CITY~ IOWA THIS AGREEMENT made and entered into by and between West Side Co.; Daniel J. Ransford and Judith B. Ransford; Todd M. Williams and Jennifer D. Williams; Rolland R. Ostrander; Frederick ¢. Wilson and Joan P.C. Wilson; Scott D. Sandvig; Linda M. Noble; Patricia J. McTaggart; Dawn E. Stephens; Joel R. Kasparek and Michele A. Kasparek; Kevin P. Shay; James E. Rohrer; Bruce R. VanHouweling and Laura V. VanHouweling; Lymne G. Hungerford; Joann M. Daly; Andrew Bruce Piro; Steven G. Klesner and Arlene M. Klesner; Linda D. Swift; Harley H. Stigge and Gloria Anne Rohlmann-Stigge; Janet B. Richardson; Susan D. Peterson; Scott A. ~iller; Barbara C. Stewart; Brent W. Studer; George R. Hallberg and Lillian M. Hallberg; Dawn R. Beenblossom; Ned B. Mendenhall; Robert E. Money, Jr. and Rhonda F. Money; and Christina C. Frese, hereinafter referred to as Owner, which expression shall include their successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGI~EED AS FOLLOWS: For the sum of One Dollar and other valuable considera- ticn, receipt of which is hereby acknowledged, the Owner hereby grants and conveys to the City, an easement for the purposes of excavating for and the installation, re- placement, maintenance and use of such separate drainage- ways, sanitary sewer or storm sewer lines, pipes, mains, conduit as the City shall from time to time elect for con- veying sewage or storm water, and all necessary appliances and fittings for use in connection with said lines, to- gether with adequate protection thereof and also a right-of- way with right of ingress and egress thereto, including sanitary sewer easements, storm sewer-easements or drainage easements (hereinafter "easement areas") over and across the following-described real estate: Beginning at the Northwest Corner of Lot 33, West Side Park, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 24, at Page 296, Records of the Johnson County Recorder's Office; Thence N89°35'04"E, along the North line of said Lot 33, West Side Park, 5.00 feet; Thence S00°02'42"W, 200.01 feet; Thence S89°35'04"W, 20.00 feet; Thence N00°02'42"E, 199.97 feet to a Point on the North line of Lot 24, West Side Park Subdivision; Thence N89°35'04"E, along the North -2- line of said Lot 24, 15.00 feet to the Point of Beginning. Said tract of land contains 4,000 square feet, more or less, and is subject to ease- ments and restrictions of record. The Owner further grants to the City the following rights in connection with the above: 1. The right of grading said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and out- side of said easement areas, to such extent as the City may find reasogably necessary. 2. The right from time to time to trim and cut down and clear away all trees and brush on said easement areas, and trim and cut down and clear any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said areas, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall indemnify the Owner against any loss and damage which shall be caused by the negligent exercise of any said ingress or egress, construction, maintenance or use by the City or its agents or employees in the course of their employment. The Owner reserves a right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and lot owners shall not erect or construct any build- ing, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other ob- structions on said easement areas; or diminish or substan- tially add to the ground cover upon said easement areas. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate above de- scribed, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public im- provements at issue herein. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Owner until completion by the Owner, and until acceptance by the City, as provided by law. -3- The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall be deemed to apply to and run with the land. SIGNED this ~ day of Judith B. R~ansford ~rDer D.~!i iam~ %~/ol 1 a~strander · Wilson Joan P. C. /~~. ~-~ -4- Patricia~J. McTag~tt Dawn E. Stephens Michele A. Kasparek Shay s E, Rohrer -5- Arlene M. Klesner /, Gloria An~ ~hl~ann-Stfgga Janet B. Richardson Susan D. Peterson Scott A. Miller Bar~k~ra C. Stewart B/ent ~. Studer G .eo~ge R~Hallbe.rg Dawn R. Beenblossom -6- Ned B. Mendenhall Robert E. M"~'~, Jr. Rhonda F. Money Christina C. Frese CITY OF IOWA CITY, IOWA Na0~i d. ~vi~k , Mayor Marian K. Karr, city Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~; day of ~¥ __, 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl M. Yoder and Charles A. Barker, to me personally known, who being by me duly sworn did say that they are the President and Secretary of the corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corpora- tion; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Earl M. Yoder and Charles A. Barker as officers ac- knowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in ahd for the State of Iowa Frederick C. Wilson STATE OF FLORIDA COUNTY ) ) SS: ) ) ) On this ~O/~ day of .~-~.~y~' , 1994 before me the undersigned , a Notary Public in and for the State, person- ally appeared Frederick C. Wilson and Joan P.C. Wilson, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. ~ M~GILBF. RIO. UC CURDY. y Comm Exp. 8/22/96 onded By Service Ins No. CC214591 -7- STATE OF IOWA ) ) JOHNSON COUNTY ) On this ~ day of ~~'~-~ , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Daniel J. Ransford and Judith B. Ransford, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. NO.]~,(~9,~ary Public in and for the ~m~~ State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) on this 79 , 1994, before De the undersigned, a Notary Pubti~ln and for the State, person- ally appeared Todd M. Williams and Jennifer D. Williams, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- and edged that they executed the same as their voluntary act deed. ~V~NE DONo~oE Nc~u7 p~...c~e o~/c, wa No. 1 Notary Public in and for the State of Iowa -8- STATE OF IOWA JOHNSON COUNTY On this undersigned, a ) ) ~day of ~,,~3, 1994, before me the Notary Public in and for the State, person- ally appeared Rolland R. Ostrander, to me know~ to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. ~;~u' ~%,~%~~ubllc'~ and'for the G~~ State of Iowa STATE OF IOWA ) ) as: JOHNSON COUNTY ) On this day of . . ~ore me the undersigned, a Notary Public in anj~-f~ the State{ person- ally appeared Frederick C. Wi s~l and Joan p.c. Wilson, to me known to be.th? identica/L-~_ e. rso~s 9amed ~n an~ who executed the within a dn ~egoing instrument, and acknowl- edged that they exec~t~ thedsame as the~ voluntary act and deed.~ Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ~ ~ On this ay of <.~_, .t .. , undersigned, a Notary Pubi'fc< in and for ally appeared F. Joseph Wilson, to me known to identical person named in and who executed the foregoing instrument, and same as his ]994, before me the the State, person- be the within and acknowledged that he executed the voluntary act and deed. NOTARY Public in and for the ~~~~ State of Iowa -9- STAT~ OF IOWA ) ) JOHNSON COUNTY ) On this ~__ day of .~~ , 1994, before me the undersigned, a Notary Public/in and for the State, person- ally appeared Scott D. Sandvig, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. N~ta ryePub 11' '~'c'in an~e State of Iowa STATE OF IOWA JOHNSON COUNTY ss: On this ~ day of ~(C~F~%-~ , 1994, before me the undersigned, a Notary Publfc<-ln and for the State, person- ally appeared Linda M. Noble, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that she executed the same as her voluntary act and.it~ed. MARLINE ooNOHU= :ary Public in and for the state of Iowa -10- STATE OF IOWA ) ) S~: JOHNSON COUNTY ) -~ the On this ~' day of .~.~/~. , 1994, before me undersigned, a Notary Public%In and for the State, person- ally appeared Patricia J. McTaggart, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. f' ~rt¥1r,~t[~ry 'Public in and for the ~p~l~l(~l State of Iowa STATE OF IOWA ) ) JOHNSON COUNTY ) On this /~ day of .~./F~2f. , 1994, before me the undersigned, a Notary Publi~ in and for the State, person- ally appeared Dawn E. Stephens, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that she executed the same as her voluntary act and deed. MARVINE DONt3 Nota'"'Publ~--~'----~ry Public in and for the .] .. ,u, otam o! Iowa - ~e~, ,-,F T,',-~ No, 171602 -11- STATE OF IOWA ) ) JOHNSON COUNTY ) On this __~_ day of..~ .z~.~ , 1994, before me the undersigned, a Wotary Publi~ln and for the State, person- ally appeared Joel R. Kasparek and Michele A. Kasparek, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. Nomw P~l~ Sm~ :?.~ ~ ~_ ~/. No. 171602 Publzc nd for the 00~E~O~19,1~' State of Iowa STATE OF IOWA ) JOHNSON COUNTY ) On thi.~ day of.~r~_ .~~, , 1994, before me the undersigned, a Notary Publl6 in and for the State, person- ally appeared Kevin P. Shay, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his volunta~ act and deed. ' ] ' %~,,~%~DONOMOE Notary ~blic ~n and for the ~.~ateof~s State of Iowa -12- STATE OF IOWA ) ) SS: JOHNSON COUNTY ) on this ~ day of q~.~.~.J~,_~ , ~994, before me the undersigned, a Notary Public in and for the State, person- ally appeared James E. Rohrer, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~? day of ~ , 199~, before me the undersigned, a Notary Publ~ in and/for the State, person- ally appeared Bruce R. Van~ouweling and Laura V. VanHouweling, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ,..::~ . ~.. :~ d%o~ ~:'~. .'~ ~ .,,,~tary Public ~n and for the --~'~'~'~ ~..~.~Cm%O~ State of Iowa -13- STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of /~/.~j,~-~ 1994, before me the undersigned, a ~(otary Publi~ in and for the State, person- ally appeared Lynne G. Hungerford, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. MA~VINEDONO~ar ~u%li~ in and for the No~ P~I~, STATE OF IOWA ) ) JOHNSON COUNTY ) On this /~ day of . ,~ , 1994, before me the undersigned, a Notary Pub].lC i~ and for the State, person- ally appeared Joann M. Daly, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. 171502 ~ ~ 19.1~6 Notary Public in and for the State of Iowa -14- STATE OF IOWA ) ) eS: JOHNSON COUNTY ) On this '-~-~day of ~,,~ j, 1994, before me the undersigned, a-Notary Public in and for the State, person- ally appeared Andrew Bruce Piro, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. ~V~ ~)_. ~ ~, ~~ in~and for~he ~ p~b~c. _~__Ol ~Tw~ of Iowa STATE OF IOWA ) ) Jonson COUNTY undersigned, a~tary Public in aMd for the State, person- ally appeared Steven G. Klesner and Arlene M. Klesner, to me kno~ to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ~~he State of Iowa -15- STATE OF IOWA ) ) JOHNSON COUNTY ) On this ~ ~ day of ~$J~,~ , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Linda D. Swift, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that she executed the same as her voluntary act and deed. State of Iowa STATE OF IOWA ) ) ss: JoHNsON COUNTY On this /i day of ~0~-h~ , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Harley H. Stigge and Gloria Anne Rohlmann- Stigge, to me known to be the identical persons named in and who executed the within and foregoing instrument, and ac- knowledged that they executed the same as their voluntary act and deed. Notary P.~blic in and for the State of Iowa -16- STATE OF IOWA ) ) JOHNSON COUNTY ) On this ../6 day of ~~-~ , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Janet B. Richardson, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as Nota~ Public, State of Iowa . No. 171602 . ¢~'mm~°nE~ir~(;~;~a'1%~ ta~ zn and for the State of Iowa STATE OF IOWA JOHNSON COUNTY On this /~ undersigned, a Notary ally appeared Susan D. tical person named in going instrument, and same as her voluntary ! .,.,q'~o.. I .EI-~' ANDERSON ) ) SS: ) day of ~0~-'~ , 1994, before me the Public in and for the State, person- Peterson, to me known to be the iden- and who executed the within and fore- acknowledged that she executed the act and deed. r~'Pu 11c in ann or e State of Iowa -17- STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this .~) $ day of , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Scott A. Miller, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary~,Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this .~ ? day of ~J~.~], 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Barbara C. Stewart, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary P~bllc in and for the State of Iowa -18- STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this .~7 day of . d~//k~, 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Brent W. Studer, to me known to be the identi- cal person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his voluntary act and deed. '~"' ~ BE.I r¥ ANDERSON --] STATE OF IOWA ) ) On this 3~' day of .~.]~v.. , 1994, before me the undersigned, a Notary Publi~-i'n and for the State, person- ally appeared George R. Hallberg and Lillian M. Hallberg, to me known to be the identical persons named in and who ~xecuted the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. Notary/Public in and for the State of Iowa -19- STATE OF IOWA ) ) JOHNSON COUNTY ) On this /9 day of undersigned, a Notary Public in ally appeared Dawn R. Beenblossom, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. ~0. 171~02 ~ary Public in and for the C~m~Ex~o~l~l~ State of Iowa ,~, 1994, before me the and for the State, person- STATE OF IOWA ) ) JOHNSON COUNTY ) On this ~_ day of /~~_~J, 1994, before me the undersigned, a Notary Publlc~i1% and for the State, person- ally appeared Ned B. Mendenhall, to me known to be the iden- tical person named in and who executed the within and fore- going instrument, and acknowledged that he executed the same as his volunta No. 17 1696/'"'~"~ " .~lk. Notary Public in and for the State of Iowa -20- STATE OF IOWA ) ) S$: JOHNSON COUNTY ) undersigned, a Notary Publlc~t4~ and for the State, person- ally appeared Robert E. Money, Jr. and Rhonda F. Money, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowl- edged that they executed the same as their voluntary act and deed. N0mU Public, S~*e o! 10WaNo%ar~ Public in and for the No. 171602 State of Iowa ~m~ E~pir~ (~t0ber 19, 1~ STATE OF IOWA ) ) Jonson c0UN Y On this 27 day of ~O~/~F,/~j , 1994, before me the undersigned, a Notary Public in and for the State, person- ally appeared Christina C. Frese, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. Notary Pu~flic ~n and for the State of Iowa -21- STATE OF IOWA ) )SS: JOHNSON COUNTY On this _.~ day of ~}~r ,1996, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick 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; that said instrument was signed and sealed on behalf of sai~l municipal corporation by authority of City Council of said municipal corporation; and that the Naomi J. Novick and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation by them voluntarily executed. Notary Public in and for the State of Iowa N 89'3,5'04' ~ 5.00' ~ 20'x20' S70R~ EARL ROAD N 8g'35'04" E N 89'35'04' S 89'35'04' w 00'02'42' E 15.00' 162.85' ~- S OD'~4'~~ E ~0.00' ~ 15.00' U'nUTY Lot 24 Lot 23 S 89'35'04' 20.00' Lot 33 Lot 34 I HEREBY CER'fiFY 'Jl-IAT THIS PLAT. MAP. SURVEY REPORT WAS PRID::'ARED BY ME, OR UNDER MY DIR SUPERVISION. AND THAT I AM A DULY REGtSTE LAND SURVEYOR UNDER THE LAW~ OF THE STA'I~ IOWA. R"~'BERT D. MIC:~'~L~'~/~Iqo REG~NO. 7036 DATE MY REGISTRATIO,~' EXPIRES° DECEMBER 31. 19- ~,,;/,;. .,.- ~.. . ',,,,, $.j:,'~ ,, ~9'35'0¢'~ ~ EARL 89'35'04' [ o .o Z 0 $ 2o,oo'I ROAD N 89'35'0~.' E S 89'35'0¢' w N 00'02'¢2' E 162.85' Lot 33 Lot 34 303,19' 140.46' -- 00'24'56' ~: m. oe' 15.00' I HEREBY CERTIFY THAT THIS PLAT. MAP. SURVEY OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND ~AT I AM A DULY LAND SUR~YOR UND[R ~E LA~ 0F ~E STA~ OF IOWA. ~~ ,,,, ~ ~;",,, Field Dool~ NO' ? ~"=30' ~ee~ I Prepared by: Sarah E. Holecek. Asst. Cib/Attorney. 410 E. Washington St., Iowa Cib/, (319) 356-5030 RESOLUTION NO. 96-237 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PARTIAL RELEASE AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT FOR WINDSOR RIDGE PART SIX WHEREAS, the Subdivider's Agreement and Stormwater Management Easement Agreement for Windsor Ridge Subdivision Part Six obligate the Developer to construct stormwater management facilities in vadous parts of the subdivision; and WHEREAS, in October, 1994, the City and Developer entered into a Partial Release Agreement for the Developer's stormwater management obligations on Parts One through Five, which obligations are secured by an irrevocable letter of credit; and WHEREAS, the stormwater management obligations of Windsor Ridge Part Six are served by basins constructed on portions of Parts One and Three which are already covered by the current letter of credit and partial release agreement; and WHEREAS, the City does not ordinarily release a development from the construction requirements relating to stormwater management facilities until the City Engineer certifies that permanent groundcover is established and mowable; erosion and sedimentation are wholly or substantially controlled; substantially all lots within the tributary area in the development have been developed and/or the public improvements are otherwise complete and acceptable; and WHEREAS, in the interim, a lien remains on the above lots of Windsor Ridge Part Six with a cloud on the titles to all lots in said development; and WHEREAS, local builders and financial institutions are unable to market local mortgages on the secondary mortgage market by reason of these liens and clouds on the title; and WHEREAS, the Partial Release Agreements would remove the cloud on the title to the lots in said Windsor Ridge Part Six, while protecting the City by reason of the lien attaching to the established irrevocable letter of credit; and WHEREAS, the remaining requirements for construction, maintenance, access and other requirements of the City-Subdivider Agreements would continue in full force and effect, in order to protect the interests of both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Resolution No. Page 2 96-237 It is in the public interest to execute the Partial Release Agreement for Windsor Ridge Part Six in order to protect local property values. The Council finds that transferring the real estate liens to the irrevocable letter of credit drawn to the benefit of the City of Iowa City is reasonable under the circumstances and protects the City's interests. The Mayor is hereby authorized to execute and the City Clerk to attest the Partial Release Agreement. The City Clerk is further authorized and directed to certify a copy of this resolution and to record the same along with the agreement in the Johnson County Recorder's Office at Arlington L.C.'s expense. Upon certification from the City Engineer that construction of the stormwater management facilities and pedestrian walkways/trails has been satisfactorily completed; permanent groundcover has been established and is mowable; erosion and sedimentation has been wholly or substantially controlled; and, in the opinion of the City Engineer, substantially all lots within the tributary area in the Development have been developed, the Mayor and City Clerk are authorized to execute a final release of the stormwater management obligations for Windsor Ridge Part Six for recordation in the office of the Johnson County Recorder. It was moved by Kubby and seconded by be adopted, and upon roll call there were: Norton the Resolution AYES: NAYS: ABSENT: X Baker X Kubby X Lehman ~ Norton __Z_._- Novick X Thomber~ X Vande~oef Passed and approved this 6th day of August , 1996. ATTEST: Cl~ ~EN~MENT TO LII~TED REI,E~,SE ~,~REE~EI~ This Amendment to Limited Release Agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"), and Arlington, L.C., an Iowa Limited Liability Company (hereinafter "Subdivider"), who hereby state as follows: WI~EREAS, by reason of a Subdivider Agreement recorded in the Johnson County Recorder's Office for Windsor Ridge-Part Six dated October 24, 1995 and recorded in Book 1996, Page 245, Subdivider is obligated to construct storm water control facilities as required by City and as a benefit to said subdivision; and WHEREAS, the parties have previously executed a Limited Release Agreement, and City has passed Resolution No. 94-326, said Agreement and Resolution having been recorded December 12, 1994 in Book 1846, Page 51, Miscellaneous Records of Johnson County, Iowa; and WHEREAS, the above-described Limited Release Agreement and Resolution transfer City's real estate lien for the construction of storm water control facilities for Windsor Ridge-Parts One through Five to funds referenced in said Agreement; and WHEREAS, the funds escrowed under the above-described Limited Release Agreement are sufficient to cover the storm water control facilities requirements for Windsor Ridge-Part Six; and WHEREAS, the parties desire to amend the above-described Limited Release Agreement to transfer City's real estate lien for the construction of storm water control facilities for Windsor Ridge-Part Six to the funds referenced in said Agreement. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE FOREGOING, THE P~kRTIES AGREE AS FOLLOWS: 1. The Limited Release Agreement previously recorded December 12, 1994 in Book 1846, Page 54, Miscellaneous Records of Johnson County, Iowa, is amended as follows: A. The following paragraph subparagraph E of paragraph 1: is added as E. Windsor Ridge-Part Six dated October 24, 1995 and recorded in Book 1996, Page 245. B. The Standby Letter of Credit attached hereto is substituted as Exhibit "A" of the Agreement. C. Paragraph 6 of the Agreement is amended to read as follows: 6. In consideration thereof, the City does hereby release Windsor Ridge-Parts One & Two, Windsor Ridge-Part Three, Windsor Ridge- Part Four, Windsor Ridge-Part Five and Windsor Ridge-Part Six from any lien or cloud now placed on the title to said property for the purposes stated in paragraphs i through 4 above. 2. The remaining terms and provisions of the Limited Release Agreement, except as amended herein, shall remain unchanged and continue in full force and effect. Dated this ~ day of August, 1996. Jr., Member STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this &~h day of August, 1996, before me, a Notary Public, personally appeared Gary D. Watts and John Moreland, Jr., to me personally known as members of Arlington, L.C., and do acknowledge that they signed the foregoing instrument as their own voluntary act and deed and also as the voluntary act and deed of Arlington, L.C. I~1 t4A~NIE K. SIMONSEN Not/ry Public in and for the State of Iowa CITY OF IOWA CITY, IOWA Naomi/Nov , Marian~K. Karr, City Clerk 2 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ day of August, 1996, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Naomi Novick 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 instru~aent was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Naomi Novick and Marian K. Karr acknowledged the execution of said instrument to be the voluntary adt and deed of said municipal corporation by it and by them voluntarily executed. Notary Public in and for the State of Iowa 3 IOWA STATE BANK & TRUST COMPANY ISSUING BANK: STANDBY LETTER OF CREDIT ~329 Iowa State Bank & Trust Company Banking Division 102 S. Clinton Street Iowa City, Iowa 52240 U.S.A. DATE AND PLACE OF ISSUE: DATE AND PLACE OF EXPIRY: 09/30/96 09/30/97 Iowa City, Iowa, U.S.A. at our counters APPLICANT: BENEFICIARY: ARLINGTON L.C. 1700 S. 1st Avenue Iowa City, Iowa 52240 CITY OF IOWA CITY 410 E. Washington Street Iowa City, Iowa 52240 AMOUNT: USD7,500.00 (SEVEN THOUSAND FIVE HUNDRED AND 00/100 ONLY U.S. DOLLARS) We hereby issue our Standby Letter of Credit No. 329 in favor of City of Iowa City ("Beneficiary"), for the account of Arlington L.C., for the sum not to exceed USD7,5000.00(SEVEN THOUSAND FIVE HLrNDRED AND 00/100 ONLY U.S. DOLLARS) available by your draft(s) at SIGHT drawn on Iowa State Bank & Trust Company, Iowa City, Iowa accompanied by the following document: A Beneficiary's signed statement, signed by an authorized representative of City of Iowa City, stating: "We certify that Arlington L.C. has not completed storm water control facilities for Windsor Ridge Parts one through six in a satisfactory manner. This includes, but is not limited to $7,500.00 for public improvements and payment has not been received from Arlington L.C., or any other source." ADDITIONAL CONDITIONS: If the storm water control facilities described herein are not completed on or before September 30, 1997, this Letter of Credit may be renewed upon application to and at the discretion of Iowa State Bank & Trust Company. Ma/u Bank 102 S. Clinton St, 358-5800 P.O. Box 1700. Iowa City, [A 52244-1700 · TolI-Frce 1-800-247-4418 · FAX 319-350-5849 CHnton St. Office Keokuk St. ~ Rochester Ave. Office Coralville Office 325 S. Cltnton St. Keokuk St. & Hwy. 8 Bypass 2233 Rochester Ave. 110 First Ave./Coralville 358-5960 356-5970 358-5980 35§-5990 Cub Foods Office 855 Hwy 1 West, Suite 10 356-59~9 Standby Letter of Credit No 329 Page 2 September 30, 1996 If this Letter of Credit is not renewed and Arlington L.C., does not place $7,500.00 in escrow with the City to secure the completion of the storm water control facilities, there shall be an automatic draw on this Letter of Credit prior to its expiration payable to the City of Iowa City, Iowa, to complete the improvement. This payment shall be drawn off the Arlington L.C. line of credit maintained with Iowa State Bank & Trust Company. All drafts must be marked "Drawn under Standby Letter of Credit No. 329 of Iowa State Bank and Trust Company, Iowa City, Iowa dated September 30, 1996." we hereby engage with you that drafts drawn hereunder in compliance with the terms and conditions of this credit will be duly honored if presented to Iowa State Bank & Trust Company, Main Office-Banking Division, 102 S. Clinton Street, Iowa City, Iowa 52240 between the hours of 9:00 a.m. and 5:30 p.m. Central Standard Time, on or before the expiration date. Partial drawings are permitted. Drawings under this credit must be accompanied by the original of this credit and amendments thereto. All banking fees other than those due Iowa State Bank & Trust Company, Iowa City, Iowa are for the account of the Beneficiary. Unless otherwise expressly stated, this credit is subject to Uniform Customs and Practices for Documentary Credits (1993 Revision) International Chanlber of Commerce Publication No. 500, as from time to time amended, and is governed by the Uniform Commercial Code of Iowa, as from time to time amended. IOWA STATE BANK & TRUST COMPAArf ~-~k A. Kober9 ~-~ Executive Vice-Pf~sident Prepared by. Sarah E. Holecek, Asst. Cid/Attomey, 410 E. Washington St.. Iowa City, (319) 356-5030 RESOLUTION NO. 96-238 RESOLUTION AUTHORIZING THE IOWA CITY POLICE DEPARTMENT TO FILE AN APPLICATION FOR A LOCAL LAW ENFORCEMENT BLOCK GRANT FOR THE PURPOSE OF PROCURING EQUIPMENT, TECHNOLOGY AND OTHER MATERIALS DIRECTLY RELATED TO BASIC LAW ENFORCEMENT FUNCTIONS AND TO AUTHORIZE THE COMMITMENT OF LOCAL MATCHING FUNDS AS REQUIRED BY THE GRANT PROGRAM WHEREAS, Bureau of Justice Assistance (BJA) of the U.S. Department of Justice has established a formula block grant program to be funded under the final FY 1996 appropriations bill which will provide cities and towns with direct flexible assistance to develop or enhance anti- cdme, anti-drug, and violence prevention initiatives; and WHEREAS, the State of Iowa was awarded $1,532,350 to distribute to local governments, and the Iowa City Police Department wishes to make application for $34,993 in Local Law Enforcement Grant funds for the purpose of procuring equipment and technology; and WHEREAS, the Local Law Enforcement Block Grant Program requires a commitment of local matching funds in the amount of $3,888 prior to Iowa City's submission of the final grant application for $34,993; and WHEREAS, it is in the public interest to authorize the Iowa City Police Department to file an application for a Local Law Enforcement Block Grant in the amount of $34,993 for the purpose of procuring equipment and technology and to commit local matching funds in the amount of $3,888 to secure a Local Law Enfomement Block Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to authorize the Iowa City Police Department to file an application for a Local Law Enforcement Block Grant in the amount of $34,993 for the purpose of procuring equipment and technology and to commit local matching funds in the amount of $3,888 to secure a Local Law Enforcement Block Grant. The Iowa City Police Department is hereby authorized to file an application, including all understandings and assurances required therein, for a Local Law Enforcement Grant, and that local funds in the amount of $3,888 are hereby committed as a match of said grant funds, for the purpose of procuring equipment and technology. Resolution No. Page 2 96-238 The City Manager is hereby authorized and directed to execute all necessary documents associated with said grant application, including but not limited to said application for a Local Law enforcement grant. It was moved by Kubby and seconded by Norton be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: X T X X X Baker Kubby Lehman Norton Novick Thomberry Vanderhoef Passed and approved this 6th day of AmJo~mSt , 1996. CITY CLERK MAYOR Prepared by: Karin Franklin, PCD Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 96-239 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA, ESTABLISHING POLICIES FOR DEVELOPMENT OF LAND WITHIN THE EXTRATERRITORIAL AREA OF IOWA CITY AND INCORPORATING THOSE POLICIES INTO THE IOWA CITY COMPREHENSIVE PLAN. WHEREAS, Chapter 28E of the Code of Iowa (1995) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Development Policy for Rural Johnson County adopted, January 1979, calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in January 1989, and amended through March 1993, outlines the extent of urban development expected within the next 20 years and outlines land use policies for Iowa City; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish policies for the orderly growth and development within the City's extraterritorial jurisdiction; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the extraterritorial area's natural resources and its environmentally sensitive features. NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Iowa City, Iowa hereby accepts and agrees to the policies regarding annexation, zoning and subdivision review for the various designated a~eas included in the attached Fringe Area Policy Agreement between Johnson County, Iowa and Iowa City, Iowa; and The City Council of the City of Iowa City hereby incorporates the Fringe Area Policy Agreement into the Iowa City Comprehensive Plan; and The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest to the attached 28E Agreement between Johnson County and Iowa City establishing land use policies for the two-mile extraterritorial jurisdiction of Iowa City, for recordation as provided by law. Resolution No. 96-239 Page 2 Passed and approved this 6t, h day of August. ,1996, ATTEST: CITY'CLERK Approv.ed b~. Cl~~A~orney,_~ O fi .~e~-'~-/_~ It was moved by Norton and seconded by adopted, and upon roll call there were: Thnrnh~rry the Resolution be AYES: NAYS: ABSENT: X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ppdadmin\2mileic.res FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (1995) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and WHEREAS, Chapter 28E of the Code of Iowa {1995) enables two or more local governments to enter into agreements to cooperate for their mutual advantage; and WHEREAS, the Development Policy for Rural Johnson County adopted January, 1979, calls for the preparation and adoption of development plans and agreements between the County and the City regarding the municipality and its environment; and WHEREAS, the Iowa City Comprehensive Plan Update adopted in January, 1989, and amended through March, 1993, outlines the extent of urban development expected within the next 20 years; and WHEREAS, it is in the interest of Johnson County and the City of Iowa City to establish policies for the orderly growth and development within the City's fringe area; and WHEREAS, Johnson County and the City of Iowa City mutually agree that such policies are necessary to more effectively and economically provide services for future growth and development and to protect and preserve the fringe area's natural resources and its environmentally sensitive features. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION I. FRINGE AREA DEVELOPMENT POLICIES The parties accept and agree to the following development policies regarding annexation, zoning, and subdivision review for the Iowa City fringe area as authorized by Chapter 354, Code of Iowa (1995). Purpose: The Fringe Area Policy Agreement is intended to provide for orderly and efficient development patterns appropriate to a non-urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. In light of these objectives, the City and the County examined the development capabilities of the Iowa City fringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards contained in Section B of this agreement, and c) the fringe area development policies contained in Section C of this Agreement, -2- A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area· B. Development Standards The following standards apply to unincorporated development in the fringe area. Discourage development in areas which conflict with the Johnson County Comprehensive Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain, non-erodible soil, and road suitability. Protect the public health by requiring developers to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to Johnson County Public Health Department Regulations. Encourage cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compact development which requires less infrastructure, and is more efficient for provision of services. C. Fringe Area Development Policies The parties agree to apply the following fringe area development policies. FRINGE AREA A Permit residential development by considering, on a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area). RS zoning will be considered if the application to fezone includes a plat showing a minimum of 50% of the property as an outlot designated as open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A. If land is annexed within Fringe Area A, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA B As set forth in Iowa City's adopted growth policy, the City will likely annex land within one mile of Iowa City to the east and within two miles of Iowa City to the south in the short-range. It is therefore consistent with the purpose of this agreement that rural subdivisions within these areas of high annexation potential be required to meet City Urban Design Standards contained in Appendix A. Land within Iowa Citv's Growth Area. As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable -34 consideration to the voluntary annexation of this land and its development at an urban density in conformance with the City's adopted land use plan for Fringe Area B {Attachment 2). Prior to annexation, any zoning changes in Iowa City's projected growth area shall also be consistent with the City's adopted land use plan for Fringe Area B. Subdivisions within Iowa City's projected growth area shall conform to City Urban Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Land outside Iowa Citv's Growth Area. On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. However, consideration will be given to applications for single-family residential development at a density of RS-10 (1 dwelling unit/10 acres). This development must conform to Rural Design Standards. Upon annexation of land within Fringe Area B, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA C Land within Iowa Citv's Growth Area. Land in Area Cwhich is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Upon annexation to Iowa City, commercial and/or industrial development is encouraged in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway 1 and Highway 218 interchange. It is consistent with the purpose of this agreement not to approve commercial -4- and/or industrial developments within this area prior to annexation. As stated in the Johnson County Rural Development Plan, commercial and/or industrial development will be encouraged to locate in the interchanges of paved roads. Commercial and/or industrial development will be discouraged in all other areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for commercial and/or industrial uses consistent with urban development patterns. Land outside Iowa Cit¥'s Growth Area. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. The land in Area C currently zoned A-l, Rural, and outside the City's growth area will be considered, upon receipt of an application, for rezoning to RS-10 (1 dwelling unit/10 acres). RS-5 (1 dwelling unit/5 acres) will be considered if the application to rezone includes a plat designating a minimum of 80% of the property as an outlot for open space or agriculture. Rural Design Standards will apply to all development outside the City's growth erea. Upon annexation of land within Fringe Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. SECTION I1. PROTECTING AGRICULTURAL OPERATIONS Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations. SECTION III. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is also primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zoninq Requiation: Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (1995), the enabling legislation for the County's zoning powers. -5- Pursuant to Section 8:1.30 of the Johnson County Zoning Ordinance, any person may request a variance to the lot area regulations of the zoning ordinance or appeal the decision of any officer of the County as that decision relates to enforcement of the Zoning Ordinance. The County will forward each request for rezoning of property within the Fringe Areas specified in this Agreement to the City for review and comment prior to the public hearing before the County Planning and Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the property is located. Properties zoned for a classification which is inconsistent with this Agreement, at the time this Agreement is executed, shall retain the rights under that zoning, unless and until such zoning is changed through due process. Subdivision Regulation: Subdivision of land within Iowa City's fringe area will be required to conform to either City Rural Design Standards or the City Urban Design Standards in accordance with the policies specified in this Agreement. Persons wishing to subdivide land within the fringe area specified in this Agreement shall be required to simultaneously file a subdivision application with both the City and the County. The City and the County shall coordinate the processing of the application to ensure concurrent review by both the City Planning and Zoning Commission and the County Planning and Zoning Commission. Subdivisions of land into less than three lots will continue to be regulated by the County. C. Annexation: Iowa City will annex territory only in accordance with the policy statements specified in this Agreement. The City will, upon receipt, forward applications requesting annexation or severance (deannexation) of property within the fringe area specified in this Agreement to the County for review and comment prior to consideration by the Iowa City Planning and Zoning Commission. As appropriate and necessary, the City may extend the two-mile extraterritorial subdivision plat review area. Prior to any such extension, the City will forward to the County a proposal which includes the extension of the City's plat review authority for any distance up to the two mile limit provided by State law. The County will have a specified time within which to respond in affirmative agreement, negatively or with an alternative proposal. The City will take the County's response under advisement when determining the extension of extraterritorial review. -6- SECTION IV. ~GREEMENT REVIEW At any time during the three (3) year term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the policies of this Agreement by contacting the other party to this Agreement. Both parties to this Agreement shall consider modifications of this Agreement, as appropriate. SECTION V. EFFECTIVE PERIOD This Agreement shall become effective upon acceptance and execution by the parties, and shall be in effect for three (3) years after the date of execution of this Agreement. This Agreement may be modified and extended by the written mutual consent of the parties. SECTION Vl. RECORDATION This Agreement ~hall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa (1995). Attest: ~_ day of ~ ( By: Chm'r'person,~oard of Supen~sors County Auditor ,1996. App~by: County Attorney s Office Dated this 6th day of__ Auqust , 1996. CITY OF IOWA CITY Mayor ~L~'~/~ ~'~~' Cit C rk By: Attest: ATTACHMENTS: 1. 2. 3. Office Proposed Land Use Map for the Iowa City Fringe Area. Figure 1: Fringe Area B (formerly Areas 5 and 6) Land Use Plan. Appendix A: Definition of Standards ppdadmu~Wrama~, prp 't ... Fringe Area Land Use Map LEGEND ~ Agricultural ~ Commercial or Industrial Iow~ City Attachment i .... ~ ~'~ ' FOLLOWING IS ~ BEST DOCUMENT AVAILABLE USE CONCEPT PLAN ~ L u:O ^ S ,~ ~. .\ APPENDIX A Definition of Standards City Urban Oesic3n Standards: Those standards enumerated in Title 14, Chapter 7 of the City Code of Iowa City which the City imposes on any subdivision within the corporate limits of Iowa City. City Rural Desiqn StandRrds: 1.0 Streets 1.1 Streets shali be designed for a minimum surface width of 22 feet. Curb and gutter will not be required. 1.2 The right-of-way for local streets without curb and gutter shall be 60 feet to enable retrofit of sewer, water, and sidewalk in the future as necessary; otherwise, the right- of-way for local streets with curb and gutter and storm sewer shal{ be 50 feet. The right-of-way for arterial, industrial, and collector streets for the developed area shall be determined in conjunction with the Planning and Zonihg Commission. 1.3 The maximum street grade for local streets shall be 12%. 1.4 The pavement cross section for all pavements will be a 2% parabolic crown. This cross slope is equivalent to ~-inch per foot. 1.5 The pavement slab shall be constructed of a 6" rolled stone base and a 22-foot wide chipseal surface. 1.6 Minimum corner radii shall be 20 feet. 1.7 The minimum ditch grade shall be 1.0%. In addition, it will be necessary to place a 12-inch diameter {minimum) culvert, either reinforced con(~rete pipe or corrugated metal pipe, through all drive approaches constructed over a drainage ditch. The exact size of pipe required will be a function of the area to be drained. 1.8 Or~ve approaches shall be hard surfaced within 'he right-of-wa,/. 2.0 Water Distribution System 2.1 Well{s) shall conform to the requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shall be either ductile ca'st iron pipe {ANSI A21.50 manufactured in accordance with ANSI ,o, 21.50) or poly vinyl chloride pipe (PVC-ASTM D1784, Type 1, Grade 1,200 psi design stress and SDR of 17 or less). 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of transmittal from 2 the appropriate Fire Protection [~strlct approving spacing. Iocabon. number of fire hydrants, s~ze of mains, pressure, etc. 2.3 Connection to the City of Iowa City Water Oistribution System is subject to City Council consideration based on avadabdity. Generally, annexation is a criterion which must be met. 3.0 Sanitary Sew,~r All methods of sanitation shall conform to the 1989 Johnson County Board of Health Rules and Regularlone Governing On-site Wastewater Treatment and Disposal Systems and to the 1990 Iowa City Wastewater Treatment and Disposal System Policy. 4.0 Storm ~,~wers '~ 4.1 With the exception of developments located in the Old Man's Creek v~atershed, the City Storm Water Management Ordinance shall apply to new developments located outside the City limits of Iowa City but within the City's area of extraterritorial jurisdiction. 4.2 All storm sewers shall conform to revised Section VII ~Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inches in diameter; either reinforced concrete pipe or corrugated metal pipe (minimum gauge 18 and corrugations 2'x½ ", 2~="x½ ", and 3"x1") shall be used. Culverts shall conform to the Standard ~Eecifications for HiQhwav and BridQe Construction, Series of 197,Z7. Minimum cover over the top of culvert shall be six inches. 5.0 UnderQround Utilities 5.1 Whenever a subdivision shall be laid out such that a new street is required, telephone and electric utilities shall be underground. It is not intended that small subdivisions which would use an existing county road would follow this requirement since overhead utilities are probably directly adjacent to the property. PAUL D. PATE SECRETARY OF STATE t{OOVER ~UILDING STATE OF IOWA DES MOINES. IOWA 50319 TEl. (515) 281-5204 FAX (515) 242-5953 08/21/96 Marian K Karr City Clerk Civic Center 410 E Washington Iowa City, IA 52240-1826 St. RE: Filing of 28E Agreement between the City of Iowa City and the Johnson County 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 08/21/96. PDP/rkb Enclosures .Siqcerely, Paul D. Pate Secretary of State PROPOSED FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY WHEREAS, Chapter 354, Code of Iowa (1993) allows the City of Iowa City to establish an extraterritorial area, known as the fringe area, within two miles of the city boundaries for the purpose of reviewing and approving subdivisions; and WHEREAS, Chapter 354 further grants the City the authority to require that subdivisions within the fringe area adhere to the City's subdivision standards and conditions, unless the City establishes alternative standards and conditions for review and approval of subdivisions via a 28E agreement between the City and the County; and ; WHEREAS, Chapter 28E of Code of Iowa (1993) enables two or m to enter into agreements :ooperate for their mutual advantage; local governments WHEREAS, the Development fur [i~u preparation and adc and the City regarding the for Rural Johnson County of development plans and agr :ipality and its environment; ed January, 1979, calls ments between the County WHEREAS, the Iowa City amended through March, 1993, next 20 years; and Plan Updat( nes the extent of url in January, 1989, and development expected within the WHEREAS, it is in the interest of policies for the orderly growth and ~son Coun and the City of Iowa City to establish the City's fringe area; and WHEREAS, Johnson County and the City necessary to more effectively and development and to protect and pres~ environmentally sensitive features. Na City mutually agree that such policies are ~ically provide services for future growth and the fringe area's natural resources and its NOW, THEREFORE, THE PARTIES AS ,LLOWS: SECTION I. FRINGE AREA DEVE iPMENT The parties accept and agree the following development policies regarding annexation, zoning, and subdivision rev/~ for the Iowa City fringe~ authorized by Chapter 354, Code of Iowa (1993). Purpose: The Fringe Area Policy .~ement is intended to provide for orde¥~ and efficient development patterns appropriate to non-urbanized area, protect and preserve the fringe area's natural resources and envirom ;ntally sensitive features, direct development to areas with physical characteristics whicl- accommodate development, and effectively and economically provide services for growth and development. In light of these o~, the City and the County examined the development capabilities of the Iowa City/i'ringe area and determined that development within this fringe area is to occur in accordance with a) the Land Use Plan attached to this Agreement, b) development standards contained in Section B of this agreement, and c) the fringe area development policies contained in Section C of this Agreement. PROPOSED (7/1 5/96) A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use p. atterns for the fringe area. 8. Development Standards The following standards apply to unincorporated development in the fringe area. 1. Discourage development in areas which conflict with the Johnson County Comprehensive Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain, non-erodible soil, and road suitability, 2. Protect the public health by requ/~ing develope s to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to Johnson County Public Health Department Regulations. Encourage cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compact development which requires less frastructure, and is more efficient for provision of services. C. Fringe Area Development Policies The parties agree to apply the following fring, FRINGE AREA A (FORMERLY AREAS 2, 3 AN£ 1. Permit residential development by cor to fezone land in this area to RS-3 RS zoning will be considered if the al a minimum of 50% of the propertl agriculture. Development in Appendix A. If land is annexed within Fri~ automatically extend its subdivisions, which it 6xerci Chapter 7 of the City Code the extension of ~ts fringe in consultation with John,, FRINGE AREA B (FORMERLY ~rea development policies. on a case-by-case basis, proposals g unit per three acres of lot area). cation to rezone includes a plat showing an outlot desiynated as open space or City Rural Design standards contained Area ,~, the City agrees that it will not area authority to review and approve all pursuant t0 Iowa Code §354.9 and Title 14, the City of Iowa City, Iowa. The City will review as a result of a~,,nexation on a case-by-base basis County. '~ AND 6) As set forth in Iowa City'~ rowth policy, the City will likely annex land within one mile of iowa City to east and within two miles of Iowa City to the south in the short-range. It is therefore consistent with the purpose of this agreement that rural subdivisions within these areas of high annexation potential be required to meet City Urban Design Standards'contained in Appendix A. Land within Iowa Citv's Growth Area. As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable -3- PROPOSED 17/15/96) consideration to the voluntary annexation of this land and ~ts development at an urban density in conformance with the City's adopted land use plan for Fringe Area B (Attachment 2). Prior to annexation, any zoning changes in Iowa City's projected growth area shall also be consistent with the City's adopted land use plan for Fringe Area B. Subdivisions within Iowa City's projected growth area shall conform to City Urban Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management f&cilities and water lines. Developments which are approved prior to annexati¢ sewage treatment plant collection and distribul can be connecte~d to munic Subdivisions v ,~ appr developments with a for open space, agriculture, Land outside Iowa City's outside Iowa City's pro However, consideration will be development at a density of RS-1 must conform to Rural Design St~ be required to be served by a package sanitary nd common wells with sanitary sewer and water ,ms which are c~Jnstructed to City standards and ,al systems upon ~/~nexation. .= d prior to annexation shall be required to be cluster of 50% of the/development designated as an outlot future deve?bpment upon annexation. Area. ~ln the balance of land in Area B that lies area, agricultural uses are preferred. ven,-to applications for single-family residential (t dwelling unit/10 acres). This development 3. Upon annexation of land e Area B, the City agrees that it will not automatically extend its fring/e authority to review and approve all subdivisions, which it exercises pur~ to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code ~ the Cit of Iowa City, Iowa. The City will review the extension of its fringe ~rea as a of annexation on a case-by-base basis in consultation with John,~bn County. FRINGE AREAC,FORMERLYA~E?~I,7AND8)~ 1. Land within Iowa Citv~ Growth Area. L~ I ir ~,Ar,ea C which is presently zoned for residential development, and within Iowa (:it,,ys growth area, may develop in conformance with ~xisting zoning, provided s~bdivisions shall conform to City Urban Design stand/ards contained in Title 14, Cidapter 7 of the City Code of Iowa C~ty, including but~ot limited to City specificatiod~for streets and roads, sanitary sewer lines, stor~water management facilities ar~l water lines. Developments which are approv/~d prior to annexation shall be requ~[ed to be served by a package sanitary sewage/treatment plant and common wells v~i?h sanitary sewer and water collection and/distribution systems which are constrdcted to City standards and can be connected to municipal systems upon annexation. Subdivisions which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Upon annexation to Iowa City, commercial and/or industrial development is encouraged in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway I and Highway 218 interchange. It is consistent with the purpose of this agreement not to approve commercial -4- PROPOSED (7/15/96) and/or industrial developments within this area prior to annexation. As stated in the Johnson County Rural Development Plan, commercial and/or industrial development will be encouraged to locate in the interchanges of paved roads. Commercial and/or industrial development will be discouraged in all other areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for commercial and/or industrial uses consistent with urban development patterns. The land in Area C currentl' will be considered, upon dwelling unit/10 acres). application to fezone includes as an outlot for open space o Land outside Iowa Citv's Growth Area. In the portions of Area C which are not within Iowa City's area and which are zoned for non-farm development, development may occur in with Johr(son County's Zoning Ordinance and City Rural Dl~sign Jards. '" zoned A-l, Rura ,~and outside the City's growth area :eipt of an 31ication, for rezoning to RS-10 (1 (1 dwellin acres) will be considered if the ~lat des a minimum of 80% of the property Rural Design Standards will aI~ area. t'o all development outside the City's growth Upon annexation of land within inge Area C, the City agrees that it will not automatically extend its fringe ~rea authority to review and approve all subdivisions, which it exerdises suant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code' of the of Iowa City, Iowa. The City will review the extension of its fringe,'area as aof annexation on a case-by-base basis in consultation with Johnson SECTION II. PROTECTING AGRICULTURAL OPEl [TIONS Any regulations in the Fringe Area Agreement will contained in the Code of Iowa Chapter 335.2, County Zoning Ordinance, Chapter 8.2, Protecting SECTION III. ADNllNISTRA'TIVE POLICIES interfere with the Right to Farm, as Exempt; and as noted in the Johnson cultural Operations. As a rule, zoning regulation is the count¥'s prerogative if'a county has adopted a zoning ordinance. The City, however, exercises authority over subdi,~i,sion regulation in a city's fringe area. Annexation ~s also primarily under exclusive rule of cities. Each of these activities, however, affects both,jurisdictions and produces a clear need for coordination and joint administration. To tha,~ end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. A. Zoninq Reaulation: Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (1993), the enabling legislation for the County's zoning powers. -5- PROPOSED (7/15/96) Pursuant to Section 8:1.30 of the Johnson County Zoning Ordinance, any person may request a variance to the lot area regulations of the zoning ordinance or appeal the decision of any officer of the County as that decision relates to enforcement of the Zoning Ordinance. The County will forward each request for rezoning of property within the Fringe Areas specified in this Agreement to the City for review and comment prior to the public hearing before the County Planning and Zoning Commission. Any zoning change will conform with the policies identified for the Area in which the property is located. Properties zoned for a ~ which is' the time this Agreement is exec~ ted, shall retain unless and until~such zoning is c~ nged through with this Agreement, at rights under that zoning, process. Subdivision Reaulation: Subdivision of land within Iowa Cit either City Rural Design Standards accordance with the policies specifie¢ will be required to conform to City Urban Design Standards in Agreement, Persons wishing to subdivide land the fringe area specified in this Agreement shall be required to simulta ;ously file a subdivision application with both the City and the County, The and {he County shall coordinate the processing of the application t( :urrent review by both the City Planning and Zoning Commission and the County and Zoning Commission. Subdivisions of land into less than three Iol will continue to be regulated by the County. C. Annexation: 1. Iowa City will annex territory only in accordanc~3xwith the policy statements specified in this Agreement. ; 2. The City will, upon r~{~eipt, forward applications r~questing annexation or severance (deannexati?'n) of property within the fringe area specified in this Agreement to the CoujSty for review and comment prior tb consideration by the Iowa City Planning an,~ Zoning Commission. 3. As appropriate and/ecessary, the City may extend the two-mile extraterritorial subdivision plat review area. Prior to any such extension, the City ,will forward to the County a prol~'osal which includes the extension of the City s plat review authority for any ~listance up to the two mile limit provided by State law. The County will have a specified time within which to respond in affirmative agreement, negatively or with an alternative proposal. The City will take the County's response under advisement when determining the extension of extraterritorial review. -6- PROPOSED (7/15/96) SECTION IV. AGREEMENT REVIEW At any time during the three (3) year term of this Agreement, either the Chair of the Johnson County Board of Supervisors or the Mayor of the City of Iowa City may initiate review of the policies of this Agreement by contac'~ing the other party to this Agreement, Both parties to this Agreement shall consider modifications of this Agreement, as appropriate, SECTION V, EFFECTIVE PERIOD This Agreement shall become effective upon a/cceptance and execu/{ion by the parties, and shall be in effect for three (3) years after tl~ date of execution/(~f this Agreement. This Agreement may be modified and extended b~ the written mutu?onsent of the parties. SECTION V,. RECORDATIO~N / This Agreement shall be filed with the Secreta~ry of the State'of Iowa, and with the Johnson County Recorder in compliance with Chapter ~SE, Code .o.f'lowa (1993). Dated this day of ~ , 1996. JOHNSON COUNTY ~ By: \ Approved by: Chairperson, Board of Supervisors ~ /? ~ ¢ .' \ County Attorney's Office Attest: / ~ County Auditor / \ CITY OF IOWA C, TITITI~Y Mayor Attest: / Approved b~,: City Clerk / City Attorney's Office ATTACHMENTS: 1. Proposed Land Use Map for the Iowa City Fringe Area. 2. Figure 1: Fringe Area B (formerly Areas 5 and 6) Land Use Plan. 3. Appendix A: Definition of Standards COLORED MAP DISTRIBETED PREVIOUSLY rOr:LOWlNG S '*' '*' '" BEST DOCUMENT AVAILABLE · .~ I LAND USE CONCEPT PLAN I '"', FI.ur. '~ ,,.. '.~ ~. ~-~ It. ..m/. ~. - . ~ .~ ~,. ~..~ ~ .:~ ~-~:-- _-..~ . . % ...... ~,.1'~ ,:' ' ~: / -~ ~ APPENDIX A Definition of Standards C~tv Urban Desiqn Standards: Those standards enumerated in Title 14, Chapter 7 of the City Code of Iowa City which the City imposes on any subdivision within the cordmate limits of Io/~a City. City Rural Desi(3n Standards: 1.0 Streets ' widt~of 2 1.1 Streets shall be designed for a minimum surface 2 feet. Curb and gutter will not be required. 1.2 The right-of-way for local streets witho, t curb a~d gutter shall be 60 feet to enable retrofit of sewer, water, and sidewalk in t~e futu/e as necessary; otherwise, the right- of-way for local streets with curb and purer and storm sewer she be 50 feet. The right-of-way for arterial, industrial, and c(~llect0r streets for the developed area shall be determined in conjunction with the Plalning and Zo~i~lg Commission. The maximum street grade for local streetSshall be 12 ~. ~ The pavement cross section for all pavements will be a 2 ~ parabolic crown Th s cross slope is equivalent to ~A-inch per foot./,' The pavement slab shall be cor. structed of a 6, rolled stone base and a 22-foot wide chipseal surface. ~ Minimum corner radii shall be 20 feet. ~ 1.3 1.4 1.5 1.6 1.7 The minimum ditch grade shall be 1.0%. In adc~iticn, it will be necessary to place a 12-inch diameter (minimum) culvert, either reinfprced con(~rete pipe or corrugated metal pipe, through all drive approaches constructe, d over a drainage ditch. The exact size of pipe required will be a function of the area to be drained. 1.8 Or~ve approaches shall be hard surfaced w~thin 'he right-of-way. 2.0 2.1 Water Distr~buhon System : Wallis) shall conform to/~he requirements of the Johnson County Health Department and the distribution system, if installed, (water main) shal! be either ductile cast iron pipe {ANSI A21.50 m~nufactured in accordance with ANSI A21.50) or poly vinyl chloride pipe (PVC-AS'I~M D1784, Type 1, Grade 1,200 psi design stress and SDR of 17 or less). 2.2 It shall be the responsibility of the Developer's Engineer to establish a fire rating for the area being developed. Prior to plat approval, there shall be a letter of transmittal from 2 the appropriate Fire Protection O~strict approving spacing. location, number of fire hydrants. s~ze of mains, pressure, etc. 2.3 Connection to the City of Iowa City Water Dmtr~butmn System is subject to City Council cons~deratmn based on ava~labdity. Generally, annexation is a criterion which must be met. 3.0 Sanitary Sewer All methods of sanitation shall conform to the 1989/'Johnson County Board of Health Rules and Regulations Governing On-site Wastewater Treatment and Disposal Systems and to the 1990 Iowa City Wastewater Treatment and Disposal System Policy. 4.0 Storm Sewers 4.1 With the exception of developments Iocate¢ in the Old Man's Creek watershed, the City Storm Water Management Ordinance Shall apply to new developments located outside the City limits of Iowa City but within the City's area of extraterritorial jurisdiction. 4.2 All storm sewers shall conform to revised Section VII (Storm Sewers) of the Design Standards for Public Works Improvements in Iowa City, Iowa. 4.3 Culverts shall be a minimum of 12 inches in diameter; either rein!,orce..d con.,cret.e pipe or.,co~rugated metal pipe {minimum gauge 18 ~!nd corrugations 2 x~ , 2~'3 x)5 , and 3 xl ') shall be used. Culverts shall.conforr~ to the Standard Specifications for Highway and Bridee Construction, Ser~es of 1.( 77. Minimum cover over the top of culvert shall be six inches. 5.0 Underc~round Utilities 5.1 Whenever a subdivision shall be laid out such that~ new street is required, telephone and electric utilities shall be underground. It is nof~intended that small subdivisions which would use an existing coCnty road would follo~ this requirement since overhead utilities are 3robably directly ~jacent to the property. Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 96-240 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXI- MATELY 80 ACRES LOCATED SOUTHEAST OF SYCAMORE STREET AND NORTH OF THE SOUTH WASTEWATER TREATMENT FACILITY. WHEREAS, the La'ngenberg Family Trust (hereinafter "Owner") owns an approximate 80 acre parcel of land located southeast of Sycamore Street and north of the South Wastewater Treatment Facility; and WHEREAS, Owner has requested annexation of the 80 acre tract into the City of Iowa City, Iowa; and WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (1995), notice of the application for annexation was sent by certified mail to the Johnson County Board of Supervisors, each affected public utility, the City of Hills, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The following described land should be voluntarily annexed to the City of Iowa City, Iowa: The W ½ of the SE ~A of Section 26, Township 79 North, Range 6 West of the 5th P.M., containing 80 acres, more or less. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa law under §368.7 (1995) at Owner's expense. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 6th day of August ,1996. ATTEST:ciT~CLERK ~' ~ MAYOR Resolution No, Page 2 96-240 It was moved by Norton and seconded by adopted, and upon roll calltherewere: ThornberPy the Resolution be AYES: NAYS: ABSENT: )[ Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef LOCATION HAP ANN~6-0001 Ftll::Z96-00i2 IrI, J IIII Prepared by: Scott Kugler, Associate Planner. 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART THREE, A 21.29 ACRE, 53-LOT RESIDENTIAL SUBIDIVlSON LOCATED SOUTH OF GALWAY DRIVE AND EAST OF HIGHWAY 218, IOWA CITY, IOWA WHEREAS, the owner, DAV-ED, Ltd., filed with the City Clerk the final plat of Galway Hills, Part Three, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Southwest Quarter of the North- east Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S89°35'03"W, along the South Line of said South- west Quarter of the Northeast Quarter, 400.92 feet, to the Point of Beginning; Thence Continuing S89°35'03"W, along said South Line, 359.50 feet, to its intersection with the Northeasterly Right-of-Way Line of Iowa Primary Road 518 (218); Thence N47° 13'1 5"W, along said Right-of-Way Line, 2019.01 feet; Thence N42°41'26"E, 54.27 feet, to the Southwest Corner of Lot 63, of Galway Hills Subdivision, Part Two, in accordance with the Plat thereof Record- ed in Plat Book 35, at Page 269, of the Records of the Johnson County Recorder's Office; Thence N74°31'39"E, along the Southerly Line of said Galway Hills Subdivision, Part Two, 140.05 feet; Thence Southeasterly, 99.82 feet, along said Southerly Line, on a 179.64 foot Radius Curve, concave North- easterly, whose 98.54 foot chord bears S31 °23'28"E; Thence S47°18'34"E, along said Southerly Line, 1 9.93 feet; Thence N42°41 '26"E, along said South- erly Line, 101.30 feet; Thence S86°03'50"E, along said Southerly Line, 173.05 feet; Thence N67° 38'08"E, along said Southerly Line, and the Souther- ly Line of Galway Hills Subdivision, Part One, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office, 229.05 feet; Thence S69° 19'31 "E, along the South- erly Line of said Galway Hills Subdivision, Part One, 46.99 feet; Thence S05°10'54"W, 303.98 feet; Thence S37°17'47"E, 52.88 feet; Thence S54°13'20"E, 62.06 feet; Thence S57°29'55"E, 60.96 feet; Thence N80o37'27"E, 226.45 feet; Thence N64°28'O9"E, 35.00 feet; Thence S89°40'41"E, 108.O5 feet; Thence N64°52'30"E, 127.01 feet; Thence S05o26'24"E, 128.10 feet; Thence S17°18'04"E, 396.07 feet; Thence S30°34'46"E, 153.93 feet; Thence S13°15'37"E, 111.42 feet; Thence N76°44'23"E, 12.88 feet; Thence S13°15'37"E, 185.00 feet; Thence N76°44'23"E, 170.00 feet; Thence S13°15'37"E, 295.98 feet, to the Point of Beginning. Said Tract of Land Contains 21.29 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and Resolution No. Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa {1995) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate ba and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk is hereby further authorized to record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the owner's expense. Passed and approved this day of ,1996. ATTEST: CITY CLERK It was moved by adopted, and upon roll call there were: MAYOR ppdadmm&galway3.~es and seconded by Approv~ byc~~ C~ney:~/rlce ?. ;_'.~ the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef August 5, 1996 Mayor, City of Iowa City Members of the Iowa City Council 410 East Washington Street Iowa City, IA 52240 Re: Galway Hills Part 3 - Final Plat Dear Ms. Novick and Members of the Council, The undersigned, Dav-Ed Limited, hereby agrees to an extension of the 60 day period within which the Council is required to either approve or disapprove the Final Plat of Galway Hills Part 3 to August 27, 1996. Dav-Ed Limited B Charle~ A. Mullen, ey ~ August 5, 1996 Mayor, Iowa City, IA Re: Iowa City City Council Street Part 3 Dear Ms. Novick, The undersigned, Dav-Ed period within which the Council is of Galway Hills Part 3 to Au hereby agrees to an extension of the 60 day approve or disapprove the Final Plat Lirrdted By David Cahill STAFF REPORT To: Planning and Zoning Commission Item: SUB96-0014. Galway Hills, Part Three Final Plat GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: Applicable Code requirements: File date: 45-day limitation period: 60-day limitation period: Prepared by: Scott Kugler Date: June 20, 1996 Dav-Ed, Ltd. 317 N. Seventh Ave Iowa City, Iowa 52245 Phone: 337-4818 MMS Consultants 1917 S. Gilbert St. Iowa City, Iowa 52240 Phone: 351-8282 Final plat approval A 53-1ot residential subdivision South of Galway Drive, east of High- way 218 21.29 acres Undeveloped, RS-5 North: Residential, RS-5; East: Undeveloped, RS-5; South: Highway 218; West: Highway 218. Low density single-family residential, 2- 8 dwelling units per acre Chapter 14-7, Land Subdivisions May 30, 1996 July 15, 1996 July 29, 1996 2 BACKGROUND INFORMATION: The applicant, Dav-Ed Ltd, is requesting final plat approval of Galway Hills, Part Three, a 21.29 acre, 53-1ot residential subdivision located south of Galway Drive, east of Highway 218. ANALYSIS: The final plat appears to be in general conformance with the City's subdivision regulations, with the exception of the items listed below under Deficiencies and Discrepancies. These items should be addressed prior to the Commission's vote on the application. Legal papers and construction drawings have been submitted and are under review. Both must be approved prior to Council consideration of the final plat. Public Works has indicated that adjustments to the easements shown on the plat may be necessary upon review of the construction drawings. Outlot 3 is to be dedicated to the City to partially meet the open space requirements of a conditional zonin9 agreement attached to a previous rezoning request. During the review of the preliminary plat for this subdivision, staff suggested that construction of a trail be required from Tipperary Road south near Lot 92 so the public could access the open space being dedicated. The applicant is proposing to escrow money for the construction of this trail segment to be used by the City when the Willow Creek Trail is constructed. When the preliminary plat was being reviewed, the timing on the construction of the Willow Creek Trail was not certain. However, funds have been allocated toward that project, and it is currently being designed for construction during the 1997 construction season. Therefore, staff feels that accepting the escrow at this time would be appropriate. The Galway Hills subdivision currently has only one point of access - Galway Drive to Melrose Avenue. Because Galway Drive is a collector street and hasa higher traffic threshold volume than a local street, secondary access for the overall subdivision is not required at this time. However, Galway Drive is platted as a collector street only from Melrose Avenue south to its eventual intersection with Donegal Court, after which point all proposed streets would be constructed as local streets. The City's secondary access guidelines would require that the projected traffic volume generated by development beyond that point not exceed 500 vehicle trips per day. Including the platted lots in Galway Hills, Part Two, the approval of this plat would result in a total of 72 lots being located beyond this intersection. At an average of seven trips per day per dwelling unit, a total of 504 vehicles per day would pass this point, which is at the threshold for requiring secondary access. Starr recommends that after the platting of Galway Hills, Part Three, no additional platting of lots occur beyond this intersection unless a second access to Galway Drive or another collector street leading out to an arterial street is provided. This property contains a stream corndot and steep slopes (18% to 25%). A Sensitive Areas Site Plan was submitted and approved at the time the preliminary plat for Parts Three and Four of this subdivision were approved. The proposed final plat is consistent with the approved Sensitive Areas Site Plan. STAFF RECOMMENDATION: 3 Staff recommends that SUB96-0014, a request for final plat approval of Galway Hills, Part Three, be deferred pending resolution of the deficiencies listed below. Upon resolution of these items, staff recommends approval subject to the approval of legal papers and construction drawings prior to City Council consideration of the final plat. DEFICIENCIES AND DISCREPANCIES: The Willow Creek Trail easement shown on the preliminary plat should be shown on the final plat. The Parks and Recreation Commission has indicated that Outlot 2 should not be accepted as public open space and counted toward the six acres of public open space required for this subdivision. Outlot 2 should be labelled as private open space. Dimensions are needed for the temporary turnaround easement. The preliminary plat indicated that the easement would extend 44' east of the terminous of Tipperary Road, and would be 78'wide. Public Works has indicated that a temporary construction easement may be needed for upgrades to the sanitary sewer at the south end of the property. This and all other easement locations are subject to change based on the review of construction drawings. 5. Public Works has yet to review and comment on the most recent plat submitted. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development LOCATION MAP GALWAY HILLS, PAlleT MELROSE AVE ',~ST HIGH SCHOOL DUCK CRE IRVING WEBER SCHOOL ROHRET ? / / / /'i./ / / / / / FOLLOWING IS m~ BEST DOCUMENT AVAILABLE GALWAY FINAL PLAT HILLS SUBDIVISION, TO IOWA CITY, IOWA PART THREE OUTL OT RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF A FOUR FOOT WIDE TRACT OF LAND FROM THE NORTHERLY PORTION OF SHAMROCK PLACE APARTMENTS, 3501-3560 SHAMROCK PLACE, IOWA CITY, IOWA, TO THE COURT HILL OWNERS ASSOCIATION WHEREAS, the City Council has considered a proposal from the Court Hill Owners Association to purchase a four foot wide tract of land from the northern portion of Shamrock Place Apartments; and WHEREAS, the Court Hill Owners Association owns the tract of land directly adjacent to the northerly portion of Shamrock Place Apartments; and WHEREAS, the Court Hill Owners Association must acquire an additional 1500 square feet of land adjacent to their current tract to comply with applicable zoning regulations for the number of dwelling units on their tract of land; WHEREAS, the Court Hill Owners Association has offered to purchase the four foot wide tract of land from the northerly portion of Shamrock Place Apartments for $2,600.00, with the Public Housing Authority retaining a recreational/access easement; WHEREAS, on July 16, 1996, the City Council adopted Resolution 96-205 declaring its intent to convey the property, authorizing public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying the City's interest in the following described property to the Court Hill Owners Association, for and in consideration of the sum of $2,600.00, subject to the City retaining a recreational/access easement for the use and benefit of the tenants and guests of the Shamrock Place Apartments: A four foot wide tract of land from the northerly portion of the tract of land commencing at the Northwest Corner of Section 18, Township 79 North, Range 5 West of the 5th Principal Meridian; Thence S 00o43'39" E, along the West line of the Northwest Quarter of said Section 18, 35.00 feet; thence N 88o30'13"E, 5.00 feet; thence S 00043'39" E, 428.41 feet to the Point of Beginning; thence, S 89°28'11" E, 445.11 feet; thence S 00°43'39" E, 280.07 feet; thence N 89°28'11" W, 445.11 feet; thence N 00°43'39" W, 280.07 feet to the Point of Beginning, also known as 3501-3560 Shamrock Place. Resolution No, Page 2 The City Attorney is hereby authorized to deliver said Quit Claim Deed and to carry out any other actions necessary to consummate the conveyances required by law. Passed and approved this day of , 1996. ATTEST: CITY CLERK MAYOR City Attorney's Office Prepaged by: David Schoon, Economic Development Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION NOS. 94-277 AND 95-79 AND IN LIEU THEREOF RE-ESTABLISHING THE IOWA CITY DESIGN REVIEW COMMITTEE, AND ALSO APPROVING COMMITTEE BY-LAWS. WHEREAS, the City of Iowa City, in 1974, originally established a Design Review Committee ("Committee"), to assist the City of Iowa City in carrying out the urban renewal projects; WHEREAS, the Iowa City City Council adopted Ordinance No. Design Review Overlay Zone Ordinance; establishing the WHEREAS, the City of Iowa City wishes to use the assistance of the Committee for urban renewal areas and for the administration of the Design Review Overlay Zone Ordinance; and WHEREAS, it is in the public interest to now clarify the various amendments by rescinding all prior resolutions and re-establishing the Committee by this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to clarify the Design Review Committee's mission, by rescinding all prior amendments and re-establishing the Design Review Committee, in order to better assist the City in furthering the goal of good urban design in the downtown and near southside areas. Resolutions Nos. 94-277 and 95-79 are hereby rescinded in their entirety, and the Iowa City Design Review Committee ("Committee") is hereby reestablished as follows: a. Committee Role. The Committee's role shall be to recommend, for City Council approval, aspects of urban design components of urban renewal projects located in areas designated by City ordinance. The Committee shall also fulfill its responsibilities as outlined in the Design Review Overlay Zone Ordinance. The City Council may also request advice and recommendations from the Design Review Committee on projects located outside of designated urban renewal areas and designated design review districts. b. Membership. The Committee shall consist of seven (7) members, of which two (2) shall be licensed architects; three (3) shall be either design professionals or involved in the building trades; and two (2) shall be at-large members of the community. All members must be eligible electors of Iowa City. Members of the Committee shall be appointed by the City Council with term membership to be three years, commencing on July 1. Members may serve for more than one term. The nine (9) members of the previous Design Review Committee may complete their terms as members of the Resolution No. Page 2 Design Review Committee established by this Resolution herein, but the number of Committee members shall be reduced to seven {7) through attrition either as terms end or as members resign. c. By-laws and Rules. The Committee shall recommend rules or by-laws for the transaction of its regular business, for City Council approval. The Committee shall have authority to recommend rules of procedure in connection with the projects subject to design review. All Committee by-laws and procedures shall be effective only upon City Council approval. d. The By-laws of the Iowa City Design Review Committee, attached hereto and incorporated by reference herein, are approved and adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Passed and approved this day of ,1996. ATTEST: CITY CLERK MAYOR Approved by --. , It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: ABSENT: e¢odevtb¥1aw.re~ the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef BY-LAWS IOWA CITY DESIGN REVIEW COMMITTEE ARTICLE I. MEETINGS Section 1. Reqular Meetinqs. ~ootings of this Co~nmitteo shall be held on the third Monday of each month. Regular meetings of this Committee shall be held on every Monday. In the event there are no items reguiring Committee action at a particular meeting, the Chairperson may cancel the meeting. Section 2 Special Meetings. Special meetings of the members may be called by the Chairperson Upon the request of four members of the Committee, the Chairperson shall call a special meeting. Section 3. Place of Meetings. Regular and special meetings shall be held in a facility accessible to people with disabilities. Section 4. Notice of Meeting. Notme and agenda for all regular and special meetings shall be distributed to all Committee members and the press. Notice to all members and to the media shall be at least 24 hours before a meeting is held including special meetings, except for emergencies as defined by the State Open Meetinq Law, Chapter 21, Code of Iowa. All notroes and meetings shall conform to the requirements of the Open Meetinqs Law and mootinge chall conform to the prcv!sions of the State Open Meo',ing~ Law Section 5..Quorum. A majority of the members of the Committee shall constitute a quorum at any meeting. A majority of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular meetings for open public discussion. ARTICLE II. MEMBERSHIP Section 1. Membership. The Design Review Committee shall consist of nine (9)-rnembors. All Committee members must be chgible-elcctorc of Iowa City. All members of the Committcc shall serve without compensation, but shall be entitled to the necessary expenses including reaconable travel expcncoc incurred in the dicc, hargc of thcir duties. The Design Review Committee shall consist of seven (7) members, of which two (2) shall be licensed architects; three (3) shall be either design professionals or involved in the building trades; and two (2) shall be at-large members of the community. All members must be eliqible electors of Iowa City. All members of the Committee shall serve without compensation, but shall be entitled to the necessary expenses including reasonable travel expenses incurred in the discharge of their duties. The nine (9) members of the previous Design Review Committee may complete their terms as members of the Design Review Committee established by this resolution, but the number of Committee members will be reduced to seven (7) through attrition, either as terms end or as persons resign. Section 2. Nomination. The City Council shall appoint members to the Design Review Committee as vacancies occur. Section 3. Terms. Terms of membership shall be three years, commencing on July 1. Members may serve for more than one term. Section 4..Absences. Three consecutive unexplained absences of a Committee member may result in the Committee's recommendation to the City Council to remove the member from the Committee, and to appoint a new member. Section 5. Orientation for New Members. Prior to the first regular meeting following their appoint- ment, new members shall be provided with copies of the pertinent portions of the City Code, Design Review Committee By-Laws, and other documents useful to carrying out their duties. Section 6. Resiclnations & Vacancies. If any member is no longer willing or able to serve on the Committee, the member shall send a letter of resignation to the City Council. If a posi- tion/appointment becomes vacant by reason of resignation or otherwise and results in an unexpired term, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term but also through subsequent regular term. ARTICLE Ill. OFFICERS Section 1. Number. The officers of this Committee shall be a Chairperson and Vice-Chairperson, and each shall be elected by members of the Committee. Section 2. Election and Term of Office. The officers of this Committee shall be elected annually. Section 3. Vacancies. A vacancy in either office shall be filled by a member elected for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings of the members, appoint committees, call special meetings and in general perform all duties of the Chairperson, together with such other duties as may be prescribed by members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of the Chair- person's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to all the restrictions as those resting with the Chairperson. ARTICLE IV. CONDUCT OF COMMITTEE AFFAIRS Section 1. Agenda. The Chairperson or a designated representative, together with appropriate members of the City staff, shall prepare an agenda for all regular and s_pe__c!_a! Committee meetings. Agendas are to be sent to Committee members and the media at least three days prior to the regular and spe. cial meetings. 3 Section 2. Secretary. A secretary, not to be a Committee member, shall be provided by the City for all regular and special meetings. Section 3. Minutes. Minutes of all regular and special meetings are to be prepared and distributed to Committee members, and approved by the Committee and sent to the City Council, in the manner prescribed by the Council. Specific recommendations for the Council are to be set off from the main body of the minutes and appropriately identified. Section 4. Policies and Pro(~rams. The Committee shall periodically review the policies and programs of the City relating to design review and make recommendations to the City Council when appropriate. Section 5. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Committee by the City Council. The Committee shall initiate the consideration of such items at the next regular meeting following receipt of the referral, and shall notify Council of its disposition. Section 6. Attendance at Council Meetinas. The Committee Chairperson or designated represen- tatives are to be in attendance at all City Council meetings, including informal sessions, at which matters pertaining to the domain of the Committee's responsibilities are to be discussed or actions taken. The Committee Chairperson is to receive Council agenda prior to each Council meeting, and is to be otherwise notified of meetings involving Committee business. Section 7. Annual Report. An annual report, detailing the activities of the Committee, shall be prepared by the Chairperson, approved by the Committee, and submitted to the City Council at the end of each fiscal year. Section 8. CommuniN Education. The Committee shall periodically provide educational materials to the c0mmuniN regarding the benefits of clood desitin and desicln review and reqardincl techniques on achiev~in_g. good design. in addition, at least once a year the _Committee will notiN Property ow__n. er_s..and commercial tenants located in a design review district th_a_t.the¥ are in such a district. ARTICLE V. AMENDMENTS Section 1. These by-laws may be altered, amended or repealed and new by-laws adopted at any regular meeting, or at a special meeting called for that purpose, providing a quorum is present. Upon approval by the City Council, such by-laws shall take force and effect. ecodev',by-lawa2 dff Prepared by: Charles Schmadeke. Public Works Director, 4 1 0 E. Washington St.. Iowa City. IA RESOLUTION NO. 96-242 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND WILLIAMS PIPE LINE COMPANY, A DELAWARE CORPORATION, REGARDING CERTAIN OBLIGATIONS INVOLVING REMOVAL AND RELOCATION OF A PIPELINE FROM LAND OWNED BY THE CITY. '" WFIEREAS, the City of Iowa City has acquired land known as the Butler Farm, for the construction of new Iowa City Water Supply and Treatment Facility site ("site"); and WHEREAS, Williams Pipe Line Company ("WPL") is the owner of certain pipeline facilities located on the City's future water site, and also has a blanket easement over the site, which easement includes the right to construct additional WPL pipeline; and WHEREAS, the City has determined that continued use of the site by WPL is incompatible with the future water site; and WHEREAS, an agreement to relocate the pipeline and vacate the pipeline easement on the site has been negotiated with WPL; and WHEREAS, it is in the public interest to enter into said agreement with Williams Pipe Line Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF iOWA CITY, IOWA, THAT: The agreement attached hereto between the City of Iowa City and Williams Pipe Line Company, a Delaware Corporation, is in the public interest, and is approved as to form and con, tent. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this 6th day of August ,1996. $E L ATTEST:cI CLER MAYOR Approved b.y Of~fic C, orney s ' 2151 172 Resolution No. 96-242 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll calltherewere: Norton AYES: NAYS: ABSENT: X __X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef This instrument was drafted by Williams Pipe Line Company, a Delaware Corporation, P.O. Box 3448, Tulsa, Oklahoma 74101, 9'181588-3295. PIPELINE RELOCATION AGREEMENT This Pipeline Relocation Agreement ("Agreement") is made and entered into and effective this '~'Y'~ dayof ~,~-'~ , 19~:~'~ ,byand between WILLIAMS PIPE LINE COMPANY (herein 'WPL"), a Delaware corporation whose mailing address is P.O. Box 3448, Tulsa, Oklahoma 74101, and the City of Iowa City, a municipal corporation (the "City"). WITNESSETH: WHEREAS, WPL is the owner of certain pipeline, the No. 1-6" (the "Pipeline"), and appurtenances, and the dght for future facilities by virtue of easements by J. W. Welt, Treasur- er, River Products Company on August 26, 1966, and filed and recorded September 15, 1966 in Book 291, Page 49, and a permit signed September 20, 1966, by Iowa State Highway Commission; a permit signed August 31, 1966, by State of Iowa Natural Resources Council (Iowa River); an easement executed by The City of Coralville, September 29, 1966, and filed and recorded October 26, 1967 in Book 308, Page 377; an easement executed by Maud B. Butler, August 25, 1966, and filed and recorded September 15, 1966, in Book 294, Page 52; an easement executed August 25, 1966, by Don C. and Helen Alberhasry, and filed and recorded September 15, 1966, in Book 291, Page 54; an easement executed August 25, 1966 by Scott Swisher, President, Johnson County Broadcasting Co. and filed and recorded Septem- ber 15, 1966, in Book 291, Page 56; an easement executed September 21, 1966, by Laurence R. Short, Kenneth I and Hulette Belle filed and recorded October 18, 1966, in Book 291, Page 373; an ease~nent executed September 23, 1966, by Grace H. Linder, Leo G. Kohl and Margaret C. Fitzpatrick filed and recorded October 6, 1966, in Book 291, Page 284 all ease- ments recorded in Johnson County, Iowa; and WHEREAS, the City desires to construct water treatment facilities in Johnson County, Iowa, (the "Project"), portions of which will be on lands where the Pipeline exists, and subject to WPL's easements as described above; and WHEREAS, as a result of the Project the City desires WPL to perform or cause to be performed certain modification work to WPL's facilities and Pipeline (the "Work"), shown on the 2151 174 2 attached "Exhibit A" and made a part hereof, and described as rerouting the Pipeline and any related facilities owned and operated by VVPL to a location and in a manner satisfactory to WPL and the City; and WHEREAS, WPL, under the terms hereinafter stated, is willing to evaluate the Project and to perform or cause to be performed the Work to accommodate the Project, provided the City compensates WPL for the Work, an estimate of such costs which is detailed on the attached "Exhibit B" and made a part hereof. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, WPL agrees to pell=orm or cause to be performed the Work in accordance with the attached "Exhibit A" subject to the following terms and provisions: The City has reviewed Exhibits "A" and "B", and agrees the scope of Work noted therein is satisfactory to meet the construction and operation needs of the City and its contrac- tors with respect to the Project. Following completion by WPL of the Work specified in "Exhibit A", the City shall proceed with construction of the Project in Johnson County, Iowa, in accordance with its official plans and specifications for the Project. The total cost of the Work is estimated to be Eight hundred thirty five thousand and no/~100 Dollars ($835.000.00J as shown on "Exhibit B". Final costs may be more or less than such estimate, which estimate shall not be construed as a limitation of costs for such Work. The City shall bear 100% of the total cost of the Work. WPL agrees to commence the modifications of its facilities and to make the necessary adjustments and relocation upon receipt of wdtten authorization to proceed. Notice to proceed will be given by the City coincident with the City's review of bids furnished by WPL. The City acknowledges and agrees that WPL may elect, in WPL's sole discretion, to perform such Work as shown in Exhibit "A" or cause the performance of such Work by engaging one or more contractors to perform the Work or any combination thereof. The City agrees to bear all costs relating to the Work, including, but not limited to, labor, engineering, design, survey, materials, travel, construction, damages, administrative overhead, taxes and legal fees relating to the engineering and relocation of the Pipeline 2.151 PAt[ .1.75 3 and related facilities to accommodate the Project. In the event WPL elects to perform all or a portion of said Work itself pursuant to paragraph 4, the City hereby agrees to compensate WPL for such performance at an amount equivalent to the lowest qualified third party contractor bid for such Work. The City further represents that the amount of $835,000.00 has been duly appropriated for this purpose and such funds are on hand for disbursement to WPL and, upon WPL's request, the City shall make progress payments to WPL for costs incurred prior to actual construction as well as during construction, upon receipt of a progress payment invoice from WPL. WPL's costs prior to actual construction include, but are not limited to, preliminary engineering, project administration and associated labor and equipment which includes overhead. Material costs and mobilization costs are to be considered costs incurred and shall be invoiced when paid by WPL. Detailed statement of costs will be provided with progress payment invoices. Following the completion of the Work, WPL shall make an accounting of final costs and provide the City an invoice of same. The final costs may be greater or less than the estimate set forth in "Exhibit B", and the City shall be liable to WPL for the full amount of such costs. The City shall pay the full amount of such invoice within thirty (30) business days after receipt. No construction activity by the City shall be performed over, across, or adjacent to the Pipeline or related facilities until the Work of WPL has been completed, unless prior written consent is obtained fTom WPL. VVPL recognizes the City's desire to construct three water main crossings and a fiber optics telecommunications line in the vicinity of Station 63 + 23 of the relocated pipeline and a sanitary sewer main crossing in the vicinity of station 75 + 44 of the relocated pipeline, and hereby grants to the City the dght to construct and maintain water mains and sanitary sewer lines across VVPL pipelines in accordance with standards estab- lished by WPL. Final location of the water mains and sanitary sewer main shall be established after City's construction of the water mains, fiber optics and sanitary sewer lines, all of which shall be shown on location maps or plats acceptable to both City and WPL. Exclusive of Saturday, Sunday and legal holidays, notice shall be given to WPL by the City at least forty-eight (48) hours in advance of commencement of any construction 2151 176 4 activity adjacent to the Pipeline and related facilities, excepting only cases of emergen- cy. Said notice shall be given to Greg Gordon, Director of Operations, Northern Region, Williams Pipe Line Company, 2728 Patton Road, St. Paul, Minnesota 55113, (612) 633.1555. WPL agrees to commence the Work upon receipt of written authorization by the City to proceed. WPL shall notify the Director of Public Works, Chades J. Schmadeke, P.E., Civic Center, 410 E. Washington Street, Iowa City, Iowa, in charge of the Project, of the date on which the Work is anticipated to begin. 10. The Work consists of the following basic general phases: a. Engineering for the Work proposed at the preliminary and construction stages; Contract preparation with construction contractors, landowners, and the City; and ii. Permits, right of way analysis, title work, survey work, right of way acqui- sition, damage payments; and iii. Administrative and legal review. b. Performance as provided in "Exhibit A". 11. Upon completion of the Work, VVPL shall assign all its rights, title and interest in and to its easements and permits to the City from chain station 37+04 to 121+06, for the existing #1-6" pipeline as shown on "Exhibit C". Such assignment shall be in a form acceptable to the City and recordable under Iowa's recording and title standards. If an abstract or certificate of title is requested by City, VVPL and City agree to share equally said costs. 12. In the event the City or WPL breaches any of the terms, covenants or provisions of this Agreement, and the other party commences litigation to enforce any provisions of this 5 Agreement or of the aforesaid easements, the cost of attomeys' fees and the attendant expenses will be payable to the other party by the breaching party upon wdtten demand. 13. The City agrees to protect, defend (at WPL's option) indemnify, save, and hold harmless WPL and its affiliated companies and their directors, officers, employees and agents from any and all claims, demands, cost (including reasonable attorneys' and expert witness' fees and court costs), expenses, losses, causes of action (whether at law or in equity), fines, civil penalties, and administrative proceedings for injury or death to persons or damage or loss to property including environmental damage or other busi- ness losses, including those made or incurred by WPL or its directors, officers, employ- ees, or agents in any way arising from or connected with the existence. construction, operation, maintenance, removal or other operations arising out of the Work described in this Agreement, except those arising from WPL's sole negligence. 14. Neither WPL nor City shall be liable for any losses or damages due to any delay or failure to perform their obligations under this Agreement (except for an obligation to pay money) if such delay or failure results directly or indirectly from circumstances that are either: beyond its control; (2) unavoidable; or (3) make performance impossible or impractical. Such circumstances shall include, but shall not be limited to, acts of God, acts of war, civil commotions, riots, strikes, lockouts, acts of landowners, acts of the government in either its sovereign or contractual capacity, pipeline unavailability, accident, fire, water damages, flood, earthquake, or other natural catastrophes. 15. If any clause herein is declared invalid, it shall be deemed severable and the remaining Agreement shall continue in full force and effect. 16. This Agreement may be executed and delivered in two or more counterparts, each of which, when so executed and delivered, shall be deemed to be an original, and shall be recorded in the Johnson County Recorder's Office at City expense. 17. This Agreement shall be construed under the laws of the State of Iowa. Dated this -~-d~ day of ~[,~C~ , 1996. 2151 PAGE 178 6 WILLIAMS PIPE LINE COMPANY CORPORATE SEAL By T. F. Elbert, Manager Land Records & Claims Attorney-in-Fact Date ~' -,~"~' CITY OF IOWA CITY By Naomi J. Novick, Mayor CORPORATE SEAL Madan K. Karr, City .Clerk Approved by City Attorney's Office Date 7 STATE OF IOWA JOHNSON COUNTY ) ) ) On this ~ day of ~.--'-'--~ 19 ~/.. . before me, _l~J~- . a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novlck and Maclan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corpora* tion, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; as contained in (O~,dinance) (Resolution) No. ~,- ,~¥Z. passed by the City Council, onthe (~'f~' dayof ~3~,-,~ ,19~ 9~, , and that Naomi J. Novick and Madan K. Karr acknowledged the execution of the instrument to be their volun- tary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa NOTAF ,'AL 2151 1_80 STATE OF OKLAHOMA COUNTY OF TULSA ) ) ss ) 8 Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this ,~,&+~" day of ~J ~.~)~ ~t- ,19 ~ , personally appeared T. F. Elbert, Manager, Land Records & Claims, who being by me duly sworn, did say that he is the Attorney-in-Fact for Williams Pipe Line Company, a Delaware corporation, by virtue of a May 29, 1996, Power of Attorney filed for record May 31, 1996, in the County of Tulsa, State of Oklahoma, in Book 5813 at Page 2488-89, as Document 96053002, and that the seal affixed to this instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, and said T.F. Elbert acknowledged said instrument to be the free act and deed of said corporation. In testimony whereof, I have hereunto set my hand and affixed my official seal at my office in said county and state the day and year last above written. My Commission Expires: NOTAReAL SEAL 2151 This instrument was drafted by Williams Pipe Line Company, a Delaware Corporation, P.O. Box 3448, Tulsa, Oklahoma 74101, 8/588-3295. This Pi effective this between WILLIAMS mailing address is P.O. municipal corporation (the Relocation Agreement ("Agreement") is day of LINE COMPANY (herein '~NPL"), ,ox 3448, Tulsa, Oklahoma 7410 ity"). PIPELINE RELOCATION AGREEMENT ade and entered into and ,19 , byand Delaware corporation whose and the City of Iowa City, a WITNESSETH: WHEREAS, WPL is the ~r of certain appurtenances, and the right facilities er, River Products Company on in Book 291, Page 49, and a permit s Commission; a permit signed August 31, (Iowa River); an easement executed the No. 1-6" (the "Pipeline"), and firtue of easements by J. W. Welt, Treasur- and filed and recorded September 15, 1966 ;mber 20, 1966, by Iowa State Highway by State of Iowa Natural Resources Council of Coralville, September 29, 1966, and filed and recorded October 26, 1967 in Bg~k 308, ~ge 377; an easement executed by Maud B. Butler, August 25, 1966, and filed/d r(cord, ~. ,mber 15, 1966, in Book 294, Page 52; an easement executed August/35, 1966, by o and Helen Alberhasry, and filed and recorded September 15, 1966,.)h Book 291, Page n easement executed August 25, 1966 by Scott SwisheL President, ~,~hnson County Co. and filed and recorded Septem- ber 15, 1966, in Book 291, .,~'age 56; an eas September 21, 1966, by Laurence R. Short, Kenneth I and ~Jlette Belle filed and recorded 3er 18, 1966, in Book 291, Page 373; an easement ex.~.cuted September 23, 1966, by ?e~,H. Linder, Leo G. Kohl and Margaret C. Fitzpat~k filed and recorded October 6, 1966, in E~ok 291, Page 284 all ease- ments recorded i/ohnson County, Iowa; and ~ VVH,~,R_~._A~ t, h_e_C~ity desires to construct water treatment 'ac in Johnson County, Iowa, (the '~oject"), portions of which will be on lands where the Pi exists, and subject to WPL's?asements as descnbed above; and ,)~/HEREAS, as a result of the Project the City desires WPL to perform or cause to be perfo. r~ned certain modification work to WPL's facilities and Pipeline (the '~/Vork"), shown on the 2 attached "Exhibit A" and made a part hereof, and described as rerouting the Pipeline and any related facilities owned and operated by WPL to a location and in a manner satisfactory to WPL and the City; and WHEREAS, under the terms hereinafter stated, is willing//tb~evaluate the Project and to pe rfo rmor cause ,~_~.be pe rformed the Work to accommod at.,~/t h~ ,Pr.ojlec. t, provided the City compensates WPL for ~e Work, an estimate of such c~,;~ which is detailed on the attached "Exhibit B" and mad~,,,~part hereof. / . NO,N, THEREFORE. in c(~'~sideration of the pr,~ises and. mutual covenants herein contained. WPL agrees to perform 'cause to be perf,/gfmed the Work in accordance with the attached "Exhibit A" subject to the terms provisions: The City has reviewed Exhibits is satisfactory to meet the tors with respect to the Project. and agrees the scope of Work noted therein 3d operation needs of the City and its contrac- Following completion by \ with construction of the Project plans and specifications for th act. specified in "Exh;bit A", the City shall proceed County, Iowa, in accordance with its official The total cost of the Work no/100 Dollars ($835.000 than such estimate, such Work. The City estimated to ;ight hundred thirty five thousand and , as shown on B". Final costs may be more or less estimate shall not be ~nstrued as a limitation of costs for bear 100% of the total of the Work. WPL agrees the modifications of its ~s and to make the necessary adjustments ar rolocation upon receipt of wdtten to proceed. Notice to proceed will given by the City coincident with the Cit, of bids furnished by WPL. The ?ity acknowledges and agrees that WPL may WPL's sole discretion, to perfor~ such Work as shown in Exhibit "A" or cause the ~anc e of such Work by eTging one or more contractors to perform the Work or any i .~,.ination thereof. Th/City agrees to bear all costs relating to the Work, including, but not limited. to, lab. or, ,~gineering, design, survey, materials, travel, construction, damages, administrative overhead, taxes and legal fees relating to the engineering and relocation of the Pipeline 3 and related facilities to accommodate the Project. In the event WPL all or a:portion of said Work itself pursuant to paragraph 4, the Ci compensate WPL for such performance at an amount equivalent third party.contractor bid for such Work. The City further $835,000.0 for disburse payments to construction, ~ to actual constr~ administration costs and when paid by WPL. invoices. has been duly appropriated for this purpose lent to WPL and, upon WPL's request, for costs incurred pdor to actual receipt of a progress payment in :ion include, but are not limitec ;ociated labor and equipr costs are to be consid lied to perform agrees to qualified that the amount of such funds are on hand City shall make progress as well as during from WPL. WPL's costs prior preliminan,, engineering, project ~t which includes overhead. Material costs incurred and shall be invoiced will be provided with progress payment Following the completion provide the City an invoice estimate set forth in "Exhibit B" of such costs. The City shall business days after receipt. make an accounting of final costs and The final costs may be greater or less than the the City shall be liable to WPL for the full amount full amount of such invoice within thirty (30) No construction activity Pipeline or related wdtten consent is City shall until the led from WPL. performed over, across, or adjacent to the f WPL has been completed, unless prior WPL recognizes optics telecom~ and a pipeline, and sa City's desire to construct ions line in the vicinity sewer main crossing in the vicinity hereby grants to the City the right to sewer lines across VVPL pipelines in WPL. Final location of the water mains and water main crossings and a fiber 63 + 23 of the relocated pipeline 75 + 44 of the relocated JCt and maintain water mains ance with standards estab- sewer main shall be es lished after construction and be shown on location m~ or plats acceptable to City and WPL. Exclusive of Saturday, Sunday and legal holidays, notice shall be to WPL by the City at least forty-eight (48) hours in advance of commencement of any construction activity adjacent to the Pipeline and related facilities, excepting only cases of emergen- 4 cy. Said notice shall be given to Greg Gordon, Director of Operation Williams Pipe Line Company, 2728 Patton Road, St. Paul, 633-1555. Northern Region, 55113, (612) WPL proceed. to commence the Work upon receipt authorization by the City to WPL shall Center, on which the Wo~ the Director of Public Works, shington Street, Iowa City, s anticipated to begin. J. Schmadeke, P.E., Civic ge of the Project, of the date 10. The Work consists of following basic g phases: a. Engineedng at the preliminary and construction stages; Contract City; and construction contractors, landowners, and the ii. Permits, fight of sition, damage ~is, title work, survey work, fight of way acqui- iii. Ad and legal b. Performance led in "Exhibit A". 11. 12. Upon completion Work, WPL shall assign all its r title and interest in and to its easements permits to the City from chain statio~ to 121+06, for the existing #1-6" as shown on "Exhibit C". ,Such assigr~nent shall be in a form acceptable/t~/ and recordable under Iowa s recording a~td, ktitle standards. if an abstract ¢certificate of title is requested by City, WPL and City ag%e to share equally said ~fs. . ~. In event the City or WPL breaches any of the terms, covenants or provlSipns of this and the other party commences litigation to enforce any provisions of this reement or of the aforesaid easements, the cost of attorneys' fees and the attendant enses will be payable to the other party by the breaching party upon written demand. 13. The City agrees to protect, defend (at WPL's option) indemnify, save, and hold harmless WPL and its from any and witness' fees ar in equity), fines, persons or damage hess losses, including ees, or agents in any operation, maintenance, in this Agreement, except Lted companies and their directors, officers, employee: claims, demands, cost (including reasonable attorn6 court costs), expenses, losses, causes of action penalties, and administrative proceedings to property including environmental made or incurred by WPL or its di~ ~rising from or connected with or other operations adsi] arising from WPL's and agents and expert at law or or death to or other busi- officers, employ- existence, construction, out of the Work described snce. 14. VVPL agrees to protect, defend City and its af~liated companies and any and all claims, demands, cost fees and court costs), expenses, losses, fines, civil penalties, and administrative pr damage or loss to property including including those made or incurred in any way arising from or maintenance, removal or other Agreement, except those arising with th~ arisin City's sole ne ;ity's option), save, and hold harmless ;ir directors employees and agents from hie attorneys' and expert witness' of action (whether at law or in equity), for injury or death to persons or ;ntal damage or other business losses, .~ctors, officers, employees, or agents construction, operation, of the Work described in this ence. 15. Neither WPL nor City shall be failure to perform their oblig~ directly or indirectly from ci able; or (3) make perfo~ include, but shall not stdkes, lockouts, contractual ca quake, or other for any losses or under this Agreement if ~ ~mstances that are either: be ~nce impossible or impractical. to, acts of God, acts of war, 3f landowners, acts of the government in dine unavailability, accident, fire, water dama catastrophes. ages due to any delay or or failure results control; (2) unavoid- circumstances shall dots, its sovereign or flood, earth- 16. If any Agreeme is declared invalid, it shall be deemed severable and the remaining 311 continue in full force and effect. 17. 18. This Agreement may be executed and delivered in ~o or more counterparts, each of which, when so executed and delivered, shall be deemed to be original, and shall be recordedWin the Johnson County Recorder's Office at City e~ .~nse. This Agreement shall be construed under the laws of the S of Iowa. Dated this da~ of PIPE LINE COMPANY J. Kent Myers, Director Engineering & Operations Services Attorney-in-Fact Date CITY OF IOWA CITY By Name) {Title) Approved by City Attomey's Offi/~/e / / / / Date 7 STATE OFIOWA ) )ss: JOHNSON COU~x,,~) On this . day of ~ of its City Council, as City Council, on the J. Novick and Madan K. taw act and deed and the voluntary ,19 . _,beforeme, , a Notary Public in arid for the State of Iowa, personally appeared Naomi J. Novi~cl~and Marian K. Karr, to me p~ersonally known, and, who, being by me duly sworn, did say that'~ey are the Mayor and ~t~/Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixe~to the foregoing inst/rament is the corporate seal of the corpora- tion, and that the instrument w~s signed and sea/{&d on behalf of the corporation, by authority (Ordinance)/(Resolution) No. passed by the of / ,19 , and that Naomi 'the execution of the instrument to be their volun- deed of the corporation, by it voluntarily executed. Notar in and for the State of Iowa STATE OF OKLAHOMA COUNTY OF TULSA Before me, on this day of Director, Engineering is the Attorney-in-Fact for a June 16, 1995, Pc of Oklahoma, in Book 5722 this instrument is the corporat( seal of and sealed in beha 8 ) ) ss ) ned, a Notary Public in a and state aforesaid, ,19_ ~ personally appeared J. Kent Myers, ions Services who/being by me duly sworn, did say that he illlares Pipe Line a Delaware corporation, by virtue of ~rney filed for reco~lune 21,1995, in the County of Tulsa, State 439, as 95053214, and that the seal affixed to )oration, and that said instrument was signed said J. Kent Myers acknowledged said instrument to be the free act and deed In testimony whereof, I office in said county and state ~unto set my hand and affixed my official seal at my year last above written. My Commission Expires: Public City of Iowa City MEMORANDUM DATE: TO: FROM: RE: August 6, 1996 Steve Atkins Chuck Schmadeke Williams Pipeline Relocation Williams Pipeline Company will be relocating the six-inch petroleum pipeline which is currently located on the new water facility site. The new route is several hundred feet south of Interstate #80, adjacent to an existing pipeline route where a 6-inch, an 8-inch, and a 12-inch pipeline are located. In general, the relocated pipeline will follow within existing easements. If not, Williams Pipeline Company has the power of condemnation in Iowa. The abandoned pipeline will be flushed and cleaned of fuel and the ends plugged, and then given to the City. The University of Iowa has indicated an interest in using the pipeline as a conduit for their proposed fiber optics line between the main campus and Oakdale campus. Williams Pipeline Company is assuming all responsibility for acquiring necessary permits, project design, construction and inspection. The City's only involvement is to pay all costs related to the relocation. Consequently, Public Works did not include the relocated pipeline route in any permit application. In addition, since the City does not have any property rights over Williams Pipeline easements, the City cannot conduct any archeological investigation or mitigation without property owner permission. t City of Iowa City MEMORANDUM DATE: August 1, 1996 TO: Steve Atkins FROM: Chuck Schmadeke RE: Relocation of Williams Pipeline Williams Pipeline Company has extensive easement rights on the water source and treatment facility property (Butler Farm) to install pipeline facilities. Currently a high pressure (_+ 1200 psi) six inch diameter fuel line is located on the property. The line is located along the south and east property lines. This six inch pipeline poses an environmental threat to the City's source water at the Butler farm site. Particularly, fuel contamination of the sands and gravels on the site could occur if the pipeline ruptured. Contamination of the sands and gravels would render the collector wells useless. These wells are estimated to produce 2.5 million gallons of raw ~vater per day; nearly 25% of average day raw water demand. The City's water facility consultant, Howard R. Green Company, has considered several alternatives to protect the sands and gravels from fuel contan~ination, including sophisticated monitoring devices, a slurry wall, concrete encasement, a french (gravel pack) drain, and relocation of the pipeline. Only relocation of the pipeline will eliminate all risk. Considering the fact that the City will be utilizing the sands and gravels for a very long time, in economic terms forever; and the fact that Williams Pipeline Company could, under current easement rights, install additional pipeline facilities, Public Works recommends relocating the pipeline south of Interstate//80 and east of Dubuque Street. Public Works has been working with Williams Pipeline Company establishing an acceptable reroute of the pipeline, and negotiating an agreement. Under the terms of the agreement which is on the August 6, 1996 Council Agenda, Williams PipeLine Company will perform or cause to be performed all work including design, property acquisition and construction, and the City will l~ay all relocation costs. Williams pipeline will transfer all easement rights over the six inch pipeline to the City. In addition, Williams Pipeline will clean the pipeline of fuel and give it to the City. The pipeline could be used as a communication transmission conduit. The estimated cost of the work is $835,000.°°. If Council approves the agreement at its August 6, 1996 meeting, the work can probably be completed this construction season. Prepared by: Chuck Schrnadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 96-243 RESOLUTION APPROVING PAYMENT TO LOUIS BERGER ASSOCIATES, INC. OF MARION, IOWA, FOR ARCHEOLOGICAL WORK PERFORMED IN CONJUNC- TION WITH CONSTRUCTION OF THE WASTEWATER TREATMENT CONNEC- TION/SOUTH RIVER CORRIDOR SANITARY INTERCEPTOR AND RELIEF SEWERS PROJECT. WHEREAS, the City of Iowa City awarded a contract on December 5, 1995 for the construction of the Wastewater Treatment Connection/South River Corridor Sanitary Interceptor and Relief Sewers Project {"Project"); and WHEREAS, on March 14, 1996, the U.S. Army Corps of Engineers issued a stop work order on the Project, thereby halting all Project construction; and WHEREAS, the work stoppage resulted in a potential damage loss to the City of ten thousand dollars (910,000.00) per day; and WHEREAS, before construction work could proceed, certain archeological work as required by the Army Corps of Engineers and the State Historical Preservation Office had to be completed; and WHEREAS, rapid completion of a portion of the required archeological work was necessary to minimize work stoppage damages; and WHEREAS, the Public Works Department requested Louis Berger Associates, Inc. to perform the archeological work necessary to lift the stop work order. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Payment for archeological work in the Wastewater Treatment Connection Project is in the public interest. 2. Payment to Louis Berger Associates, Inc. for archeological work performed on the above Project, as requested by Public Works, is hereby ratified and approved. Passed and approved this 6th day of August , 1996. MAYOR CITY CI-ERK Approved by~ ~,//~,~ it~ney's Office Resolution No. 96-243 Page 2 It was moved by Kubbx and seconded by adopted, and upon roll call there were: Vanden'hoer the Resolution be AYES: NAYS: ABSENT: X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef DATE: TO: FROM: RE: City of Iowa City MEMORANDUM August 1, 1996 Steve Atkins (,~/~ Chuck Schmadeke Archeological Investigations, South River Corridor Sewer and Napoleon Park pump station. As you know, the Corps of Engineers issued a stop work order to the City on March 14,1996 for the entire South River Corridor Sewer Project. This stop work order resulted in an expense to the City of at least $10,000 a day in "down time" damages payable to the City's construction contractor, Park Construction Company. In order to minimize "down time" damages, City staff authorized an archeological consulting firm, Louis Berger Associates, to immediately proceed with necessary archeological investigations. It was agreed that payment to Louis Berger for services provided would be based on time and material required to complete the work as dictated by the State Historical Preservation Office and the Corps of Engineers. All field work necessary to lift the stop work order is now complete and Louis Berger Associates requests payment in the amount of $163,309.58. $39,838.76 in progress payments has been made to date. In addition to work already completed, the State Historical Preservation Office and Corps of Engineers is requiring the City to perform laboratory data analysis and prepare a final report of all archeological activity regardless of whether findings were positive or negative. An agreement with Louis Berger Associates has been negotiated to complete the data analysis and prepare a final report. The negotiated fee is $108,828.56. There will be two resolutions on the Council Agenda of August 6, 1996. The first will authorize payment to Louis Berger for work completed on an emergency basis to minimize "down time," and ttle second will be approval of the agreement negotiated with Louis Berger to complete the data analysis and prepare a final report. Prepared by: Charles Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356- 5141 RESOLUTION NO. 96-244 RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND LOUIS BERGER ASSOCIATES, INC., OF MARION, IOWA TO PROVIDE CONSULTA.NT SERVICES FOR ARCHAEO- LOGICAL MITIGATION IN CONJUNCTION WITH THE CONSTRUCTION OF THE WASTEWATER TREATMENT CONNECTION/SOUTH RIVER CORRIDOR SANITARY INTERCEPTOR AND RELIEF SEWERS PROJECT. WHEREAS, the City of Iowa City desires to complete the archaeological work initiated by Louis Berger Associates in conjunction with the construction of the Wastewater Treatment Connection/South River Corridor Sanitary Interceptor and Relief Sewers Project; and WHEREAS, an agreement for professional archaeological services has been negotiated with Louis Berger Associates, Inc.; and WHEREAS, it is in the public interest to enter into said consultant agreement with Louis Berger Associates, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant Agreement, in duplicate. 6th day of August ,1996. Passed and approved this CITY CLERK MAYOR City Attorney's Office ~'~/,_ ~, Resolution No. 96-244 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Norton the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LOUIS BERGER ASSOCIATES, INC. This Agreement, made and entered into this 2o ~ day of ~.,,r,~,.¢, 1996· by and between the City of Iowa City, hereinafter referred to as "City" and Louis Berger Associates, Inc., hereinafter referred to as "Consultant," WHEREAS, the City desires to complete the archaeological work initiated by Consultant in conjunction with the construction of the Wastewater Treatment Connection/South River Corridor Sanitary Interceptor and Relief Sewers Project ("Project"); and WHEREAS, Consbltant proposes to perform all archaeological work necessary to satisfy the requirements of the U.S. Corps of Engineers and the State Historic Preservation Office; and WHEREAS, the parties wish to commit their agreement to writing. NOW, THEREFORE, it is hereby agreed as follows: Scope of Aqreement: Consultant will serve as City's consultant in the execution of the archaeological work necessary to satisfy all requirements of the U.S. Army Corps of Engineers and the Iowa State Historic Preservation Office in conjunction with the Project. II. Scope of Services: The Consultant has completed the field work portion of an archaeological mitigation along the route of the Project, and payment will be ratified by the City by separate resolution, This agreement covers the work necessary to complete the next steps in the process, namely the archaeological mitigation and includes laboratory work consisting of the washing and labeling of artifacts, processing soil samples, artifact analysis, floral and faunal analysis, carbon and ceramic dating of site deposits, and report preparation, listing and production. Ill. Comoensation: City will pay to Consultant a lump sum fee of $108,828,56 to complete the services herein. A cost breakdown of said lump sum fee is found in Appendix A of this agreement, which is attached hereto and incorporated by reference. IV. Method of Payment: Consultant will receive 100% of the total lump sum fee upon completion of the work and submittal of the final report to the City, which work and report shall be satisfactory to the City. Any revisions required by the U.S. Corps of Engineers or the State Historic Preservation Office shall be provided without additional cost to the City. Commencement of Work: The work will be commenced immediately upon receipt of this signed agreement, and receipt of said agreement shall serve as official notice to proceed. 2 VI. VII. Independent Contractor: It is understood and agreed that this agreement is for consulting services only and shall not be construed to create a partnership, joint venture, or employer/employee relationship between the parties. General Terms: Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. To discriminate against any individual in terms, conditions or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. Should the City terminate this agreement, Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section III. The City may terminate this agreement upon seven (7) calendar days' written notice to Consultant. This agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all parties to said agreement. It is understood and agreed that the retention of Consultant by the City for the purpose of the archaeological work shall be as an independent contractor and shall be exclusive, but Consultant shall have the right to employ such assistance as may be required for the performance of the archaeological work. It is agreed by the City that all records and files pertaining to information needed by Consultant for the project shall be available by said City upon reasonable request to Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 'It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. At the request of the City, Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to Consultant to assure attendance. Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computa- tions, and any other data prepared or obtained by Consultant pursuant to this agreement without cost and without restrictions or limitation as to the use relative to specific projects covered under this agreement. In such event, 3 Consultant shall not be liable for the City's use of such documents on other projects. Consultant agrees to furnish all reports, specifications, and drawings, with the signature of a professional archaeologist affixed thereto. The City agrees to tender Consultant all fees in a timely manner, excepting, however, that failure of Consultant to satisfactory perform in accordance with this agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the work in accordance with this agreement. Should any section of this agreement be found invalid, it is agreed that the rer0aining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original drawings shall become the property of the City. Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of authorities having jurisdiction over the work will be paid by the City. VIII. Miscellaneous: All provisions of the agreement shall be reconciled in accordance with the generally accepted standards of the Archaeological Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this agreement, that it is the entire agreement, and that no other monies or considerations have been solicited. In witness whereof, the parties have executed this agreement this ~ ~ day of /~)c~,~;~ , 1996. CITY OF IOWA CITY, IOWA Na(~mi J.t~lo~ck, Mayor Marin K. Karr, City Clerk LOUIS BERGER ASSOCIATES, INC. Approved by ,,, . city · APPENDIX A DATA ANALYSIS AND REPORT PREPARATION IOWA CITY, NAPOLEON PARK MITIGATION PRO~JECT DATA RECOVERY AT 1~JH250 JOHNSON COUNTY, IOWA REVISED 7/33/96 TASK: DATA ANALYSIS (8 WEEKS) A. DIRECT LABOR Principal Archaeologist Co-P rinclpal Ir~sstig&tor Co-Principal Investigator Field Director Materials Specialist Lab Tecl~nicians (3) RATE TOTAL HOURS 18 $50.00 $800.00 160 18.27 2,~23.20 160 15.38 2.460.80 40 16.15 648.00 200 11.06 2.212.00 720 9.24 6.652.80 1,296 $15.694.80 B. DIRECT EXPENSES Expendable Laboratory Supplies: ~50.00/week Film and Processing: 10 Rolls @ $25.00/roll $250.00 250.00 $500.00 II, TASK: DRAFT REPORT PREPARATION (7 WEEKS) A: DIRECT LABOR Principal Archaeologist Co-Principal Investigator Co-Pnncipal Investigator Field Oirsctor Materials Specialist 8 $50.00 $400.00 280 18.27 5.t15.60 280 15.38 4.306.40 40 16.15 646.00 120 11.06 1.327.20 728 $11.795.20 III, TASK: DRAFT REPORT PRODUCTION (4WEEKS) A. DIRECT LABOR Production Manager Editor Word Processor Draftsperson Photographer 8 $17.40 $139.20 40 16.59 663.60 80 12.02 961.60 160 13.77 2.203.20 40 14.30 572.00 328 $4.539.6O B. DIRECT EXPENSES Copying: 5 copies of 300 page repo,1 @ $.10/page Graphic Reproduction: 25 graph~c~ ~ $25.00/each Photo Reproduction: 25 photos @ $25.00/each Covers and Binding: 10 reports ~ $8.00/each SUBTOTAL $150.00 625.00 625.00 80.00 $1.480.00 IV. TASK: FINAL REPORT PRODUCTION (1 WEEK) A. DIRECT LABOR Co-Principal Investigator 32 Co-Principal Investigator 32 Production Manager 8 Editor 16 Word Processor 24 Draftspat"on 24 Photographer.. 8 144 B. DIRECT EXPENSES Copying: 10 copies of 300.page mp~xt @ $.10/~age Covers and Binding: 10 SUBTOTAL $18.27 15.38 17.40 16,89 12.02 13.77 14.30 $584.64 492.16 139.20 265.44 288.48 330.48 114,40 $2214.80 SUBCONSULTANTS GEOMORPHOLOGIST Analysis and Report Preparation 4 days @ $500.001day FAUNAL ANALYST 120 hours @ $25.00/hour PALEOBOTANIST 240 hours @ $25.0o/hour RADIOCARBON DATING/TL DATING 5 Radiocarbon samples @ $245.0o/each 3 Thorrnoluminesoence samples CURATION FEE (OFFICE OF THE STATE ARCHAEOLOGIST) 5 cubic feat @ $250.00/c.f. SUBTOTAL $2.000.00 $1.225.0O $2,400.Q0 $1.250.00 $15.675.00 DIRECT LABOR: Task I DIRECT LABOR: Ta~k II DIRECT LABOR: Task ill DIRECT LABOR: Ta~k IV TOTAL LABOR OVERHEAD (140.5%) TOTAL LABOR AND OVERHEAD DIRECT EXPENSES: Ta~k I DIRECT EXPENSES: Ta~k III DIRECT EXPENSES: Tuk IV TOTAL EXPENSES BUDGET SUMMARY HOURS 1,296 728 328 144 2,496 $15,694.80 11,795.20 4,539.60 2.214.80 $34,244.40 $34,244.40 ~48,113.38 $~2,357.78 1,480.00 380.00 $2,360.00 FIXEDFEE10%(Laborand0vs~ea~ TOTALSUBCONSULTANT$ $3.235.78 $15.875.00 PR(~JECT TOTAL $108,828~6 NOTICE TO PROCEED DATA ANALYSIS DRAFT REPORT PREPARATION DRAFTREPORT PRODUC~ON DRAFTREPORT REVIEW RESPONSE TO COMMENTS/ FINAL REPORT SUBMITTAL I 2 PROPOSED TIMELINE COMPLETION OF REPORT AND ANALYSIS CITY OF IOWA CITY - WASTEWATER TREATMENT AND COLLECTION FACILITY IMPROVEMENT PROJECT 3 4 PROJECT WEEKS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I I I I I I I I I I I I I I I I IJ 6 WEEKS 7WEEKS 4WEEKS WEEK RESOLUTION NO. 96-245 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1997 FOR THE CITY ATrORNEY, CITY CLERK AND CITY MANAGER. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees. and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective July 1,1996: City Manager - $108,155.00 City Attorney - $75,000.00 City Clerk - $50,257.00 Passed and approved this 6th day of Auqust ,1996, ATTEST: /~2 ~. ~/~'/ CITY CLERK It was moved by Thornberry adopted, and upon roll call there were: AYES: NAYS: X X X X MAYOR Approved by City Attorney's Office and seconded by Norton X the Resolution be ABSENT: Baker Kubby X Lehman Norton Novick Thornberry Vanderhoef