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HomeMy WebLinkAbout1999-06-29 ResolutionPrepared by Madan K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-203 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons andfirmsto sellcigare~es: One-Eyed Jake's - 18-20 S. Clinton Street City News - 113 Iowa Avenue Mother Earth's Magic - 903 N. Dodge Street Mini Mart - 731 Riverside Drive Passed and approvedthis 29th day of June ATTEST:Ci~~/r</::~J ,19 99 , 4AY'dFi' ' ' Approved by City Attorneys Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef derkVes~dgperm.doc rq \ ~ ~ RESOLUTION NO. 99-204 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: Memories - 928 Maiden Lane It was moved by Thornberry and seconded by as read be adopted, and upon roll callthere were: O'Donnell that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 29th day of June , 1999 ATTEST:CiTy~z%~ER( 2 :~- 2~'//,=,~,L~ ,2 City Attorney's Office a\danceprrn.res Prepared by: Terry Trueblood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-285 A RESOLUTION SE'FFING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN CITY PARK PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 13th day of July, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That a copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 29th ATTEST: C~ ~' Approved by City Attorney's Office It was moved by Thor'nbermy and upon roll call there were: and seconded by 0'Donnell the Resolution be adopted, parksrecVes~tage.doc AYES: X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Terry Trueblood, Director, Parks and Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-206 A RESOLUTION SE'FI'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE OAKLAND CEMETERY PHASE I EXPANSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 13th day of July, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or, if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. o That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That a copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 29 th A'I'FEST: Approved by City Attorney's Office It was moved by Thor'nber-~'y and upon roll call there were: and seconded by 0'Donnell the Resolution be adopted, AYES: X X parksrecVes~oakland2.doc NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 06-29-99 2d(3) Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 99-207 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1999 SANITARY SEWER REHABILITATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 13"~ day of July, 1999, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 29th ATTEST: ~ CITY CLERK day of ,June ,1999. Approved by City Attomey's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: X X X X X X X NAYS: pwengVes~lining.doc O'Donnell the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM DATE: TO: FROM: re: June 24, 1999 Rick Fosse, City Engineer Daniel Scott, Civil Engineer chrz5 1999 Sanitary Sewer Rehabilitation Project Sanitary sewer maintenance is an annual investment made by the City. This project involves sanitary sewer repairs at six sites located throughout Iowa City. Sanitary sewers with known flow problems were televised by City staff to isolate the exact problem area and help determine cost-effective solutions. These repairs are necessary to extend the life of the sewers. The site location and problems are listed below: Location Problem 2. 3. 4. 5. 6. Court Street and Muscatine Ave Intersection Happy Holly Park to Alley South of Brown Street 6th Avenue From G Street to H Street South Riverside Drive at Pumping Station Hollywood Blvd at Lakeside Apartments Olive Court Roots with several cracked pipe sections Roots with several cracked pipe sections Roots and heavy infiltration with some cracked sections of pipe Heavy infiltration and several cracked sections of pipe 150 ft section with several longitudinal cracks and 220 ft section of mineral deposits. Protruding service tap These sites will be repaired using trenchless technology which requires no excavation of the streets. Access to the repairs will be through the manholes. The sewers will be lined with a molded plastic liner and the protruding service will be removed from inside the pipe. The estimated cost of these repairs is $105,000. cc: Dave Elias, Wastewater Superintendent 0~,-29-99 2e(1) Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 99-208 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND LITTLE DONKEYS, INC. FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WILIEREAS, Little Donkeys, Inc. dba Panchero's applied for temporary use of the public right- of-way at 32. S: Clinton Street for a sidewalk cafe thereon; and · WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed ATTEST: and approved this 29th City Attorney's Office derkVes%pancheros,doc Resolution No. 99-208 Page ;~ It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X X X 0 ' Donnel I the Resolution be ABSENT: ,. Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND %~U~r~eHs,lnc. c~E~ ~r~c~%,~qC. FOR A SIDEWALK CAFE ON THE PUBLIC RI(~HT-OF-WAY AT IOWA CITY, IOWA This Agreement is made between Landowner Tenant L~ JA~ bonv~zHs , Iv-~,7_ ~ ~,\~r'r-, %in<:3'~ , and and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the Design Review Committee, which recommended approval of the proposed sidewalk cafe, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: Landowner l--I{_~u-~ ~ ~Ji~\ian-, ['~r~;l::~q owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: and Landowner has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided. Applicant/Tenant L~ Jr~/e_ b~bY-~v,~ ~ts, \r~c_. (hereafter "Appli- cant'") occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. The City Staff ; Design Review Committee has reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests. Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's tempo- rary use of the public right-of-way as a sidewalk care in accordance with this Agree- 3 ment, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendure. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purpos- es, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by ~i364.12, Code of Iowa (1997), and that the Applicant shall not be entitled to any compensation should the City elect to do so. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damag- es, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant 4 including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk cafe is not operating. 10. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way, as provided in §364.12, Code of Iowa (1997 ). In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal to Applicant for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza or' abutting right-of-way as a result of set-up or removal of the sidewalk cafe furnishings or equipment and as noted in Exhibit A. 13. Dated this 5 Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. c/~/~IL~ day of dLL,/tJ,-~ , 19 ~. CITY OF IOWA CITY, IOWA B y ~../~. ~~ B y nest W. Lehman, May r APPLICANT/TENANT Marjan K. Karr, City Clerk By By APPLICANT/LANDOWNER By City Attorney's Office 6 APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANTFFENANT'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /~/~ - day of , A.D. 19 ~L2, before me, the und rsi ned, a Notary Public in and for the State of Iowa, personally aP~ared and /"' , to me personally known, who, being ~me duly sworn, did say that they are the /2FLg/(t.Z ld and / , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and of its Board of Directors; and that the said as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and fo;th~e of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) Ss: JOHNSON COUNTY ) On this day of , 19__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) sS: JOHNSON COUNTY ) rs edof day h ' .--, ,. ,., ar, ~ ~ , to me personally known, w ' 'n ing ~ me ~ul',a d fth did say t~at they are t ~ and ~-~z~ , resp said corporation ex :he within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. No a~e of Iowa LYNN A. HOEFFLIN MY COMMISSION 8 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Onthis .97 dayof , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman, Mayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ?~- ~e f~ passed by the City Council on the 9-9 ~'A day of 'Z'~,~ L- , 1922, and that Ernest W. Lehman and Marjan 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. clerk\license.swk Notary Public in and for the State of Iowa My commission expires: /~ \.j City of Iowa City MEMORANDUM Date: June 22, 1999 To: Design Review Committee/City Council From: Jim Schoenfelder, DRC Staff Assistant Re: Sidewalk Caf~ for Panchero's at 32 S. Clinton St. Little Donkey, Inc. has submitted a renewal application for a sidewalk caf~ at 32 South Clinton Street. The caf~ is actually located along the Washington Street side of Panchero's. The sidewalk caf~ ordinance requires that the design of sidewalk caf~s be subject to the design review process of the Design Review Ordinance. The applicant has indicated that the design of the caf~ is substantially the same as the design approved last year. The Committee has indicated that approval is conditional upon the following: If planter boxes are used, they must be changed from plastic boxes with artificial plants to more substantial wooden planters with live plants which will be maintained in good condition throughout the season. Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-209 RESOLUTION APPROVING A LETTER OF COMMITTMENT REGARDING THE USE OF ClAP FUNDS FOR NEW HOUSING AUTHORITY OFFICE SPACE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority requested $200,000 in funding from the Department of Housing and Urban Development ("HUD") to help pay for the cost of constructing new office space; and WHEREAS, HUD has approved this funding request, subject to certain commitments from the City regarding the use of the funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The City Council finds it is in the public interest for the City of Iowa City to issue a letter of commitment regarding the use of funds received from the Department of Housing and Urban Development for the construction of new office space for the Iowa City Housing Authority. The Mayor is authorized to sign and the City Clerk to attest the attached letter of commitment for the use of ClAP funds for the construction of new office space for the Iowa City Housing Authority. Passed and approved this 29t, h day of June ,1999. ATTEST: Ci~L~_~RK ~)/I2. City Attorney's Office Resolution No. 99-209 Page 2 It was moved by Tho~'nben'.V and seconded by adopted, and upon roll call there were: AYES: NAYS: O' Donnel I the Resolution be ABSENT: .. Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Dennis J. Mitchell, Asst. City Atty; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 LETTER OF COMMITMENT REGARDING THE USE OF ClAP FUNDS FOR NEW HOUSING AUTHORITY OFFICE SPACE. - In consideration of the United States Department of Housing and Urban Development providing 8200,000.00 in comprehensive improvement assistance program ("CLAP") funds for the construction of new office space for the Iowa City Housing Authority ("ICHA"), the City of Iowa City ("CITY") hereby agrees as follows: Any ClAP funds received from the United States Department of Housing and Urban Development ("HUD") for the construction of new office space for the ICHA will be used exclusively for that purpose. The CITY will contribute the additional sums necessary for the completion of the new office space undertaken for the ICHA with the ClAP funds received for that purpose. If it ever becomes necessary for the CITY to relocate the ICHA from the office space constructed with the use of ClAP funds, the CITY shall: Reimburse the ICHA for all ClAP funds received from HUD for the construction of the office space; or b. Construct equivalent office space for the ICHA. Signed this 29th of June ,1999. CITY OF IOWA CITY, IOWA Ernest W. Lehman, layor Attest: M~Cit~y;:lerk~,4 ~ -2 Prepared by: Sarah E. Holecek, First Asst. City Arty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-210 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF CERTAIN DESCRIBED EASEMENTS LOCATED WITHIN THE W.B. DEVELOPMENT SUBDIVISION, AND TO APPROVE AND EXECUTE A SUBSTITUTED ACCESS EASEMENT, SANITARY SEWER EASEMENT, STORM SEWER AND DRAINAGE EASEMENT, OVERLAND FLOW ROUTE EASEMENT, AND SEWER ALLOCATION AND PARKING COVENANTS TO FACILITATE FURTHER DEVELOPMENT ON LOT 1 OF THE RESUBDIVISION OF OUTLOT A, W.B. DEVELOPMENT WHEREAS, the City currently possesses a private drive easement, storm sewer and drainage easement, sanitary sewer easement and overland flow route easement over Lot I of the resubdivision of Outlot A, W.B. Development, Iowa City, Iowa; and WHEREAS, further development of this parcel has required the reconfiguration and redesign of certain public improvements and their appurtenant easements on the subject property; and WHEREAS, Public Works has recommended the release of the existing unnecessary easements, and has recommended the execution of the substituted easement agreements to conform to the actual public improvement construction on the site; and WHEREAS, further, due to a capacity limitation on the private sanitary sewer system serving the subject property, City staff has recommended the execution of appropriate covenants regarding the allocation of sewer and parking within the area; and WHEREAS, the owners have agreed to enter into the substituted easement agreements as well as the appropriate covenants; and WHEREAS, it is in the public interest to enter into the recommended covenants and to release the unnecessary easements and to obtain substituted easements to facilitate further orderly development of the subject property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council finds it is in the public interest to release the existing private drive easement, storm sewer and drainage easement, sanitary sewer easement and overland flow route easement pursuant to the development plans for Lot 1 of Outlot A, W.B. Development, and to execute the substituted Access, Sanitary Sewer, and Storm Sewer and Drainage Easement Agreements, as well as the Sewer Allocation and Parking Re~olution No. Page 2 99-210 covenants for the subject property, which are incorporated by this reference herein and are hereby approved as to form and content. The City of Iowa City does hereby release and relinquish its rights in the existing pdvate drive easement, storm sewer and drainage easement, sanitary sewer easement and overland flow route easement described in the attached Exhibit Plats labeled "A" and "B", attached hereto and incorporated by reference herein. Further, the mayor is hereby authorized to sign, and the City Clerk to attest, the release of said easements. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office together with the attached Exhibits, the attached releases, and the attached Easement Agreements and Covenants, said recording costs to be paid by the owners of said property. Itwas moved by Thornberry and seconded by 0' Donnel 1 adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Passed and approved this 29th day of June ,1999. .... prove. ATTEST: Prepared by: Sarah E. Holecek, First Asst. City Arty., 410 E. Washington St., Iowa City, 319-356-5030 RELEASE OF SANITARY SEWER, STORM SEWER AND DRAINAG ROUTE AND PRIVATE ACCESS EASEMEN' \ The City oflow~a ity, Iowa, does hereby release the property k "28.00' wide access easement", "20.00' wide storm se~ "15.00' wide flow route easement" within the as Exhibit "A" and releases the property legally dE sanitary sewer eas~ to be vacated" on the Easer Exhibit "B", both of which incorporated by this refE placed thereon by the originally granted shown on the Final Plat of and plat is recorded in Book Office. Said easements as FLOW described and depicted as and drainage easement", and Vacation Plat attached hereto and depicted as "50.0' wide Vacation Plat attached hereto as from a lien or cloud upon the title City. These easements are originally ~esubdivision of O A, W.B. Development, Iowa City, Iowa, ~e 201 of th records of the Johnson County Recorder's lily describ~ in Exhibits "A" and "B" are hereby released. The City retains all other easements said final plat not released by this document. IOWA CITY Lehman, Mayor City Clerk STATE OF IOWA JOHNSON COUNTY On this ~'~d y ?- a said County, in said personally known, who b respectively of said affixed thereto is the s. SS: ) June, 1999 before me, the undersic personally appeared Ernest W. Lehman be me duly sworn, did say that they are th~ ~al corporation executing the foregoing instr of said municipal corporation; that said sealed on behalf of s~ d municipal corporation by authority of City council corporation; and said Ernest W. Lehman and Madan K. Karr execution of said ins1 to be the voluntary act and deed of said municipal by them voluntarily executed. Notary Public in nd for Marian K. Karr, to me and City Clerk, that the seal was signed and said municipal ed the oration and Notary Public in and for the State of Iowa Prepared by Melody Rockwell, Assoc. Planner, City of Iowa City, 410 E. Washington, Iowa City, IA 62240; 3191366-5251 Resolution No. 99-211 RESOLUTION ADOPTING AND INCORPORATING THE NORTHEAST DISTRICT PLAN INTO THE IOWA CITY COMPREHENSIVE PLAN WHEREAS, the City has initiated development of detailed comprehensive planning on a district by district basis; and WHEREAS, it is the City's policy to adopt district plans, which have been developed cooperatively with citizens of the community, as part of the Iowa City Comprehensive Plan; and WHEREAS, the Northeast District Plan incorporates citizen-generated principles intended to guide land use and neighborhood development within an area of Iowa City generally bounded by First Avenue/Hickory Hill Park on the west, Interstate-80 on the north, Taft Avenue on the east and Court Street on the south; and WHEREAS, the Northeast District Plan also incorporates the principles and policies of City: Beyond :~000, and considers the needs and goals of the larger community; and WHEREAS, the Planning and Zoning Commission and the City Council have held public hearings on the Northeast District Plan and considered the policies and guidelines for neighborhood development as presented in the plan; and WHEREAS, the Commission and Council have found that the Northeast District Plan warrants adoption and incorporation into the Comprehensive Plan of the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: The Northeast District Plan is hereby adopted Comprehensive Plan. ATTEST: Passed and approved this doincor ora e into the 1997 Iowa City ~ '~. "MAVO~it~ey' f~ C~TY CLERK ' 291:h day of June ,1999. ppdadminVe$~ned.doc Resolution No. 99-211 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X X X X X X.. X the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 99-212 RESOLUTION APPROVING FINAL PLAT OF COUNTY CLUB ESTATES, FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, S&J Development, filed with the City Clerk the final plat of Country Club Estates, First Addition, 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: Part of the Southeast Quarter of Section 13, Township 79 North, Range 7 West of the 5~h Principal Meridian in Johnson County, Iowa City, Iowa and more particularly described as follows: Commencing at the Northwest Corner of Lot 17 of Southwest Estates Subdivision Part Two as recorded in the Johnson County Recorder' s Office; Thence South 00o53, 42"West, Along the Westerly Line of said subdivision, a distance of 250.00 feet; Thence South 81°48'45'' West a distance of 171.60 feet; Thence Southwesterly, 67.94 feet, along a 50.00 foot radius curve, concave northwesterly, whose 62.83 foot chord bears South 30o44, 16" West; Thence South 20020, 12"East a distance of 39.77 feet; Thence South 81o10, 06"West a distance of 166.42 feet; Thence North 89o05, 55"West a distance of 226.92 feet; Thence North 02o46, 50" East a distance of 126.16 feet; Thence Northwesterly 31.07 feet along a curve concave Northeasterly with a radius of 325.00 feet and a chord of 31.06 feet bearing North 81040, 08"West; Thence North 78°55' 47"West a distance of 45.55 feet; Thence Southwesterly 39.27 feet along a 25 foot radius curve concave southeasterly whose 35.36 foot chord bears south 56°04'13" west; Thence south 11°04'13'' west a distance of 5.00 feet; Thence north 78°55'47" east, a distance of 60.00 feet; Thence North 11 °04' 13"East a distance of 65.33 feet; Thence North 78o55, 47"West a distance of 120.00 feet; Thence South 1 l°04, 13"West a distance of 170.36 feet; Thence North 78055, 47"West a distance of 287.00 feet; Thence North 17°16, 57" West a distance of 83.79 feet; Thence North 00021'05" East a distance of 80.00 feet; Thence North 33o23, 52" East a distance of 170.83 feet; Thence South 78o55, 47" East a distance of 396.77 feet; Thence North 1 l°04, 13"East a distance of 294.12 feet; Thence South 78o55, 47" East a distance 60.00 feet; Thence South 1 l°04' 13" West a distance of 28.39 feet; Thence south 89o05, 55"East a distance of 479.18 feet; Thence South 00o53, 42" West a distance of 180.00 feet to a point on the Southerly right-of-way line of Phoenix Drive; Thence South 89o06, 18" East, along said right-of-way line, a distance of 115.01 feet to the Point of Beginning. Containing 10.45 acres and subject to easements of record. Resolution No. 99-212 Page 2 WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with' Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 29th ATTEST:C~~)' It was moved by Norton adopted, and upon roll call there were: day of June ,1999. and seconded by Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef ppdadminVes~cclbestdoc Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 RESOLUTION NO. 99-213 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF CRESTVIEW THIRD ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Steve Schmidt, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Crestview Third Addition; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Crestview Third Addition, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 29th ATTEST: C~ ~' ~ It was moved by Thornberry adopted, and upon roll call there were: AYES: X X X X X X X plxladm/res/kennedy.doc day of June ,1999. ,wAY6R · __ed by /9 and seconded by Vanderhoef the Resolution be NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp, Associate Planner Item: SUB99-0009. Crestview 3~d Addition Date: May 4, 1999 GENERAL INFORMATION: Applicant: Steve Schmidt Apex Construction Co. 516 Kirkwood Avenue Iowa City, IA 52240 Phone: 339-1543 Contact Person/Engineer: Tom Anthony Landmark Surveying & Engineering 535 Southgate Avenue Iowa City, IA 52240 Phone: 354-1984 Requested Action: Preliminary plat approval Purpose: 3 residential lots and 1 outlot Location: North of Highway 1 and west of Landon Avenue in Johnson County Size: 22.69 acres Existing Land Use and Zoning: Vacant: RS5, Suburban Residential Surrounding Land Use and Zoning: North: South: East: West: Agricultural, Residential, A1 Agricultural, Commercial, A1 Agricultural, Residential, A1 Agricultural, Residential, A1 Comprehensive Plan: The Fringe Area Agreement states that residential development will be considered at RS-10 densities or RS-5 densities if a minimum of 80% of the property is set aside as an outlot for open space. File Date: April 15, 1999 45 Day Limitation Period: May 30, 1999 BACKGROUND INFORMATION: The applicant, Steve Schmidt, is requesting preliminary plat approval of Crestview 3'd Addition, a 22.69 acre, 3-lot residential subdivision with one outlot, located on the north side of Highway 1 West, west of Landon Avenue. This property was recently rezoned to RS-5, Suburban Residential. The City recommended approval of the rezoning to RS-5 with a concept plan that 2 showed no new residential access points onto Highway 1, and 85% of the property set aside as an outlot for open space. The subdivision plan submitted appears to generally conform with the concept plan submitted with the rezoning application. ANALYSIS: The proposed preliminary plat appears to conform to the requirements of the County's RS5 zone for clustered subdivisions, and to the Fringe Area Agreement. The Fringe Area Agreement encourages the clustering of lots and the preservation of open space. In this case, three approximate one-acre lots would be clustered off of Landon Avenue, and 85% of the properly (19.33 acres) would be set aside as open space. The proposed preliminary plat also appears to be in general conformance with the City's Fringe Area subdivision regulations, subject to a few deficiencies noted below. No public streets or other public infrastructure is being proposed, and no new access points to Highway 1 are being proposed. Subdivision Design: The layout of the subdivision is slightly different than shown on the concept plan submitted with the rezoning. The lots are spaced slightly farther apart, and Lot 1 (the northernmost lot) is set farther north, resulting in the need for a long driveway to the shared access point/cul-de-sac. The reason for this layout is related to the preferred location of the septic fields, and the County's desire to have only one access point to Landon Avenue. Due to the topography of the site, the Department of Public Health requested that the septic fields be located in specific areas, to maximize their efficiency and their lifespan. The proposed home sites were then located according to the optimal locations for the septic systems. While the layout appears unusual from an urban perspective, it is respecting as much as possible the topography of the land and the best locations for the septic systems. Access Points: One new access is being proposed onto Landon Avenue in the form of a loop or cul-de-sac street. In a conversation with the County Engineer, staff questioned whether it would be possible to have a shared driveway for lots 2 and 3, and a single driveway for lot 1, instead of a cul-de-sac and individual driveways for each lot. The County Engineer explained it was the County's preference to have only one access point where possible to a County road, due to traffic and road maintenance issues, and due to the fact that County staff also maintain the drainage ditches, pipes and culverts at every road access point. While one new drainage pipe and driveway onto Landon Avenue will not burden County crews, allowing two access points for every three to four lot subdivision in the County significantly increases the number of drainage pipes and culverts County crews need to maintain. County staff also prefers a loop or cul-de-sac street where multiple lots are being served, due to easier bus and emergency vehicle access, and turnaround area. Staff suggests that an oval-shaped access drive instead of a circle may provide more turnaround area for large vehicles, and may minimize paved area. Stormwater Management: No stormwater management plan is required for this property because it is located in Old Man's Creek watershed. 3 Environmental Considerations: The applicant's engineer has submitted an erosion control and grading plan. The erosion control and grading plan is acceptable to City staff. Regarding this properly in the past, Amy Bouska, Environmental Specialist for the Johnson County Soil and Water Conservation District, noted that disturbance to existing vegetation should be minimized, and that streambank erosion along the water course at the nodh end of the property should be monitored during the course of development. Fire Protection District: The Fringe Area Agreement requires that a Fetter from the appropriate Fire Protection District is needed approving the spacing, location, number of fire hydrants, size of mains, pressure, etc. Staff recommends that approval of the preliminary plat be subject to receiving a letter of approval from the appropriate Fire Protection District. STAFF RECOMMENDATION: Staff recommends that SUB99-0009, be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these items, staff recommends that the request for a preliminary plat of Crestview 3~d Addition, a 22.69 acre, three-lot residential subdivision with one outlot, located on the north side of Highway 1 west of Landon Avenue be approved, subject to staff receiving a letter from approval from the appropriate Fire Protection District. DEFICIENCIES AND DISCREPANCIES: 1. The lot areas shown on the plat need to equal the total area given in the legal description. 2. The "Typical Street Section" detail should be corrected to show a 60-foot right-of-way, which is required in the City's Rural Subdivision specifications for streets without curb and gutter. 3. A note indicating "driveway approaches shall be hard-surfaced in the right-of-way" needs to be included on the preliminary plat. 4. A note indicating utilities supplying the new street are required to be underground needs to be shown on the preliminary plat. 5. Water system details need to be noted on the preliminary plat. ATTACHMENTS: 1. Location map 2. Preliminary plat 3. Information from applicant ppdadmin\stfrep\t990009JY.doc Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development _~INH > ,¢ rn _J N :D b..I Z 3AV 9~3H ~ ua QNVS O~ 3NVO 339 AIII~ 3AV S39dVN ~ 3AV ~3IVh 3AV W3dSVP 3NN3AV S3HVP 3AV S39dVN 3NN3AV a 3AV SVSNV>i ~ L L I""' C) C) 0 I 0 0 [I .[ 'i ! April 8, 1999 Thomas Anthony, LLS Ralph Stoffer, PE, LLS web page: www. landmark-surveying.com emaih landmark@landmark-surveying.com Johnson County Zcjning Commission Johnson County Board of Supervisors Johnson Ccfunty Administration Building 913 S. Dubuque Street Iowa City, IA 52240 Re: Steven Schmidt - Crestview Third Addition - Preliminary Plat Dear Commissioners and Supervisors: On behalf of Steven Schmidt, we are submitting this platting application for your review and subsequent approval. The parent parcel is Lot 2, Crestview Second Addition, in the NW 1/4, Section 25, Union Township. This is a 22.69 acre parcel located in the NW quadrant of Highway 1 West and Landon Avenue SW and is currently zoned RS5. Steve wishes to crea{'e three residential building lots on the parcel and this can be accomplished using the 80% open space formula with RS5 zoning. The proposed three lot layout is clustered around a proposed cul-de-sac accessing Landon Avenue. A central well will be installed and each lot will have individual septic systems. Please give this application favorable consideration. Feel free to call if you have any questions. Thank you. LANDMARK SURVEYING AND ENGINEERING Thomas Anthony, LLS CC: Steve Schmidt Douglas Wolfe, Attorney Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 99-214 RESOLUTION APPROVING THE EXTRATERRITORIAL FINAL PLAT OF CRESTVIEW THIRD ADDITION, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Steve Schmidt, filed with the City Clerk the final plat of Crestview Third Addition, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: All of Lot 2, Crestview Second Addition, being a portion of Auditor' s Parcel 97077 as recorded in Plat Book 39, Page 42, Johnson County Recorder' s Office containing 22.69 acres which includes 1.62 acres of public road ROW easement. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, 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 (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 29th day o4~Q~R , 1999. App ved I~y - ATTEST: C~ ~,2. ~ ,,..___ '-' '~ ppdadmin/res/crest3.doc Resolution No. 99-214 Page 2 It was moved by Thornberry and seconded by Norton the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: .- Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef STAFF REPORT To: Planning and Zoning Commission Planner Item: SUB99-0013. Crestview 3rd Addition GENERAL INFORMATION: Applicant: Contact Person: Requested action: Purpose: Location: Lot Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: Prepared by: John Yapp, Associate Date: June 3, 1999 Steve Schmidt Apex Construction Co. 516 Kirkwood Avenue Iowa City, IA 52240 Phone: 339-1543 Tom Anthony Landmark Surveying & Engineering 535 Southgate Avenue Iowa City, IA 52240 Phone: 354-1984 Final plat approval 3 residential lots and 1 outlot North of Highway 1 and west of Landon Avenue in Johnson County 22.69 acres Vacant: RS-5, Suburban Residential North: South: East: West: Agricultural, A1 Residential, RS-10 Agricultural, A1 Commercial, CP2 Agricultural, Residential, A1 Agricultural, Residential, A1 The Fringe Area Agreement states that residential development will be considered at RS-10 densities or RS-5 densities if a minimum of 80% of the property is set aside as an outlot for open space. May 13, 1999 June 27, 1999 BACKGROUND INFORMATION: The applicant, Steve Schmidt, is requesting final plat approval of Crestview 3rd Addition, a 22.69-acre, 3-lot residential subdivision with 1 outlot, located on the north side of Highway 1 West, west of Landon Avenue. This property was recently rezoned to RS-5, Suburban Residential, and a preliminary plat has been recommended for approval by the Planning and Zoning Commission, ANALYSIS: The final plat of Crestview 3rd Addition conforms with the preliminary plat and subdivision regulations. The plat also conforms with the Fringe Area Agreement between Iowa City and Johnson County. The Fringe Area Agreement encourages the clustering of lots and the preservation of open space. In this case, three approximate 1-acre lots are clustered off of Landon Avenue, and approximately 85% of the property (19.19 acres) is set aside as open space. No public streets or other public infrastructure is being proposed. The preliminary plat was recently approved by the Planning and Zoning Commission, subject to staff receiving a letter of approval and a fire rating from the appropriate Fire Protection District. Staff has not yet received this information from the Fire Protection District, which in this case is the Tiffin Fire District. The preliminary plat may be placed on the Council's agenda for consideration once staff receives this letter. Environmental Considerations Amy Bouska, Environmental Specialist for the Johnson County Soil and Water Conservation District, has expressed concern about the long driveway to Lot 1 and the amount of fill it will require. County staff has previously recommended only one access point to Landon Avenue, which results in a long driveway to the northern-most lot, Lot 1. Ms. Bouska is working with the applicant's engineer and County staff to implement more erosion control techniques than is usually required during the construction process. Stormwater Management No stormwater management plan is required for this property. STAFF RECOMMENDATION: Staff recommends that SUB99-0013, the final plat of Crestview 3rd Addition, a 22.69-acre, 3- lot residential subdivision with 1 outlot, located on the north side of Highway 1 West, west of Landon Avenue, be approved, subject to City Council approval of the preliminary plat, and staff approval of legal papers prior to Council consideration of the final plat. ATTACHMENTS: 1. Location Map. 2. Final Plat. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development CITY OF IO~A CITY W Z w NEUZIL ROA~ W Z w > -r W W ~OTH STREET'~T~_J / m Z w W Z W n Z W WZ OSAGE > w n~ _1 W o_ Z STREET 465TH STREET 475TH STREE IZAAK ROA~ SITE LOCATION: Crestview Third Addition SUB99-0013 / / / \ \ / / / / / / \ / \ · N, · 4e.,e SURVEYING AND ENGINEERING 535 Southgate Avenue Phone (319) 354-1984 Iowa City, Iowa 52240 Fax (319) 354-8850 Thomas Anthony, RLS Ralph Stoffer, PE, RLS May 13,1999 Johnson. County Zoning Commission Johnson County Board of Supervisors Johnson County Administration Building 913 S. Dubuque Street Iowa City, IA 52240 Re: Steven Schmidt - Crestview Third Addition - Final Plat Dear Commissioners and Supervisors: On behalf of Steven Schmidt, we are submitting this platting application for your review and subsequent approval. The parent parcel is Lot 2, Crestview Second Addition, in the NW 1/4, Section 25, Union Township. This is a 22.69 acre parcel located in the NW quadrant of Highway I West and Landon Avenue SW and is currently zoned RS5. Steve wishes to create three residential building lots on the parcel and this can be accomplished using the 80% open space formula with RS5 zoning. The proposed three lot layout is clustered around a proposed cul-de-sac accessing Landon Avenue. A central well will be installed and each lot will have individual septic systems, the locations of which have already been approved by the Johnson County Health Department. Please give this application favorable consideration. Feel free to call if you have any questions. Thank you. LANDMARK SURVEYING AND ENGINEERING Thomas Anthony, LLS CC: Steve Schmidt Douglas Wolfe, Attorney Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 99-215 RESOLUTION APPROVING FINAL PLAT OF SILVERCREST RESIDENTIAL COMMUNITY, IOWA CITY, IOWA. WHEREAS, the owner, Sunrise Partners, filed with the City Clerk the final plat of Silvercrest Residential Community, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southwest Corner of Section 18, Township 79 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N00°05'00"W, along the West line of said Southwest Quarter, said line being the centerline of Scott Boulevard, 1561.62 feet; Thence N89°58'03"E, 50.00 feet, to a point on the Easterly Right-of-Way line of said Scott Boulevard said point being the Point of Beginning; Thence N00°05'00"W, along said Easterly Right-of-Way, 1062.03 feet, to a point on the Southerly Right-of-Way line of American Legion Road (Former US Highway Number 6); thence Easterly 188.31 feet, along said Southerly Right-of-Way line, and a 22,887.00 foot radius curve, concave Southwesterly, whose 188.31 foot chord bears S89°25'02"E; Thence S89°10'46"E, along said Southerly Right-of-Way line, 673.42 feet; Thence S00°00'40"W, 1049.99 feet; Thence S89°58'03"W, 859.90 feet, to a point on the Easterly Right-of-Way line of said Scott Boulevard, said point being the Point of Beginning. Said tract of land contains 20.87 acres and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, 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 (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. The City accepts the dedication of easements as provided by law and any agreements for this development. Resolution No. 99-215 Page 2 The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 29th ATTEST:C~ ~- ~ day of June ,1999. AYOR It was moved by Norton adopted, and upon roll call there were: and seconded by Thornberry the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadminVes~silvercr2 .doc Prepared by: Terry Trueblood, Director, Parks and Recreation, 220 S. Gilbert, Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 99-216 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL PHASE II IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 8'h day of July, 1999, or at a later date as determined by the Director of Parks and Recreation or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 13th day of July, 1999 or at such later time and place as may be fixed. Passed and approved this 29th A'I'FEST:C~ "~- day of June ,1999. City Attorney'2/~/ce parksredres/concessi .doc Resolution No. 99-216 Page 2 It was moved by Thornberry and seconded by Kubby adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: .- Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: James Schoenfelder, City Architect, 410 E. Washington St., Iowa City, IA 52240 319/356-5044 RESOLUTION NO. 99-217 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY SENIOR CENTER FIRE SPRINKLER INSTALLATION AND CEILING REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS· WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a genera! circulation in the city. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 20t" day of July, 1999. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 27th day of July, 1999, or at such later time and place as may be fixed. Passed and approved this 29th day of June , 1999. ATTEST: C~CL/z~ERK ~. C pwenoJres/clvictr3.doc Resolution No. 99-217 Page 2 It was moved by Thornberr~v and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: .. the Resolution be Champion Ku.l~by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-218 RESOLUTION APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF IOWA CITY AND ECUMENICAL HOUSING CORPORATION CONCERNING ACQUISITION OF ECUMENICAL TOWERS' PARKING AREA AS REQUIRED FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY AND PROVIDING ECUMENICAL TOWERS WITH REPLACEMENT PARKING ON BOTH A TEMPORARY AND PERMANENT BASIS. WHEREAS, the Iowa City City Council has passed a resolution authorizing property acquisition as required for the construction of the proposed Iowa Avenue multi-use parking facility; and WHEREAS, the construction of the Iowa Avenue multi-use parking facility requires acquisition of the parking area currently owned by Ecumenical Towers; and WHEREAS, the City and Ecumenical Housing Corporation have reached an agreement for acquisition of said parking area by the City with provisions for replacement parking, the terms and consideration for which are set forth in the attached Letter of Understanding; and WHEREAS, said Letter of Understanding requires City Council approval; and WHEREAS, the execution of said Letter of Understanding 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 Letter of Understanding attached hereto and incorporated by reference herein is hereby approved by the City Council of Iowa City, Iowa. The City Attorney is hereby authorized and directed to prepare all necessary legal documentation and to carry out the City's obligations under said Letter of Understanding and the Mayor is hereby authorized to sign and the City Clerk to attest any legal documents necessary to effectuate the terms outlined in the attached Letter of Understanding upon approval by the City Attorney. Passed and approved this 29th day of J -//~-,) ~2 · , ATTEST: CiT/~C~E.~..,) ~- ~ Resolution No. 99-218 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: 0 ' Donne] 1 the Resolution be AYES: NAYS: ABSENT: . X X X X X Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef June 29,1999 Mark Hamer Charles A. Meardon Meardon, Sueppel, Downer and Hayes P.L.C. 122 S. Linn St. Iowa City, IA 52240-1830 Re: Iowa Avenue Parking Facility Project/Ecumenical Towers Letter of Understanding Dear Mark and Chuck: The following letter will set forth the understanding we have reached on behalf of our respective clients (The City of Iowa City or "City" and The Ecumenical Housing Corporation or "Ecumenical"; Ecumenical's 81 unit HUD sponsored housing project together with a 43 space parking lot referred to as "Ecumenical Towers") in connection with the City's acquisition of Ecumenical Towers' parking area and provision of replacement parking, on both a temporary and permanent basis. If this letter accurately sets forth your understanding of our agreement, please sign below where indicated. When signed, this Letter of Understanding will constitute a binding agreement on behalf of the City and Ecumenical. Acquisition and Permanent Replacement Parking The City shall acquire Ecumenical Towers' property (parking area) to the north of the alley running east to west through Block 61 of the Original Town of Iowa City, Iowa (the Towers' parking lot) and shall, in exchange, construct and sell to Ecumenical Unit 1F of the horizontal property regime currently known as the Iowa Avenue Multi-Use Parking Facility to be constructed on Lots 1-4, Block 61 of the Original Town of Iowa City. Ecumenical shall transfer title by warranty deed to the City as soon as possible following execution of this Letter of Understanding. The City shall transfer title by warranty deed to Ecumenical upon completion of construction of the Iowa Avenue Multi-Use Parking Facility Project. The final recorded Declaration of Condominium which shall submit said real estate to a horizontal property regime as defined by Iowa Code Chapter 499 B shall be in substantial conformity with the draft Declaration of Condominium attached hereto as Exhibit "A" and shall be recorded prior to delivery to Ecumenical of the warranty deed. Unit 1F (Permanent Replacement Parking) Unit 1F shall be constructed in substantial conformity with the plans attached hereto as Exhibit "B", and shall consist of 15,500 square feet, more or less, of hard surfaced private parking. Ecumenical will have a private entrance and exit off of Gilbert Street. There will be two gates, the first for access to the unsecured area and the second to a secure area. 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 We note the following with respect to said Unit 1F as outlined on Exhibit "C" and as shown on the plans attached as Exhibit "B" hereto: 1. The unit shall not include the stairway, elevator and associated lobbies located at the southwesterly portion of the unit. Ecumenical Towers shall have the right to use said stairway, elevator and associated lobbies only for so long as it is a project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance or is subject to the mortgage and regulatory agreement held by the United States Department of Housing and Urban Development dated and recorded September 30, 1980 in Book 291, Page 309 and Book 586, Page 100 respectively of the records of the Johnson County Recorder. The City shall be responsible for timely structural and mechanical maintenance of said stairway, elevator and associated lobbies. Ecumenical shall be responsible for timely cleaning and non-structural and non-mechanical maintenance. Each party shall indemnify and hold the other party harmless for liability and damages resulting from neglect of the other party's maintenance responsibilities. 2. The Unit shall be subject to an easement in favor of the City for ingress and egress to the eastern most area labeled "Landscaping" immediately to the north of Ecumenicat's unit. No other access easements shall be necessary and with the exception of the door between Unit 1F and the eastern most "landscaped" area, the doors between Unit 1F and the two other landscaped areas shown on the plans shall be eliminated. 3. As set forth in the attached Declaration of Condominium the City shall have a right of first refusal in the event that Ecumenical wishes to sell its interest in Unit 1F separate from the real estate upon which the housing project is located. The Declaration of Condominium shall also set forth the agreement of the parties concerning the following matters: (1) The rights and responsibilities of the parties in the event Ecumenical sells Unit 1 F, and the City does not exercise its right of first refusal or Ecumenical sells Unit 1F and its buildings as it relates to the right to acquire the elevator and stairway area; (2) the rights and responsibilities of the parties concerning providing parking in the event of destruction or functional impairment of Unit 1 F; and (3) the rights and responsibilities concerning the parking arrangement mentioned in paragraph 6 herein in the event Ecumenical ceases to be a project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance or is no longer subject to the mortgage and regulatory agreement with HUD. 4. As set forth in the attached Declaration of Condominium, Ecumenical has no common maintenance expense under the condominium regime. The voting rights in the Condominium Regime shall be adjusted proportionately, based on the considerations mentioned in the applicable sections of the Condominium Regime, in the event Ecumenical ceases to be a project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance and is no longer subject to a mortgage and regulatory agreement with HUD. The change of voting rights.shall be written into the Declaration of Condominium Regime. 5. Light shall be supplied to Unit 1F by way of light from the light core entering the landscaped areas to the north of Unit 1F which are separated from Unit 1F by fencing and by way of installed lighting, as shown on Attachment "B". As set forth in the attached Declaration of Condominium, the maintenance of all the facilities within Unit 1F, including the parking surfaces, lights and parking gate equipment shall be the responsibility of Ecumenical. As noted above, the elevator and stairway at the southwest corner are excluded from Unit 1F and addressed separately. 6. The City shall pay the entire cost of electricity to light and operate Unit 1F for so long as Ecumenical is a project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance or is subject to the mortgage and regulatory agreement with HUD specified in paragraph 1. For so long as the City is paying said expenses it shall lease, at no cost to the City, twelve (12) spaces in the unsecured portion of Unit 1F for the purpose of providing permit parking in said spaces. For so long as the City leases said spaces from Ecumenical the City shall provide permit parking for the use of Ecumenical in the general parking area of the Iowa Avenue Multi-Use Parking Facility. The number of permits issued at any one time shall not exceed two hundred fifty (250) and each of said permits shall be limited in both its term and applicability (days and hours of the day that the permit is usable). At all times, no fewer than twenty (20) spaces shall be available for Ecumenical in the general parking area of the Iowa Avenue Multi-Use Parking Facility. 7. Initial striping of Unit 1F will be done by the City. Restriping will be Ecumenical's obligation. 8. The City will program and reprogram, as Ecumenical or the City determine to be necessary, the access cards and gate openers to be used in connection with the secured entrances and exits, including gates and doorways, into and out of Unit 1F and the general parking area of the Iowa Avenue Multi-Use Parking Facility. 9. Ecumenical shall have thirty-one (31) spaces in the secured area of Unit 1F. 10. There will be a water hook up in the secured area of Unit 1F and access to water. Temporary Parking Attached as Exhibit "D" hereto is a copy of the layout of the first floor of the Chauncey Swan parking ramp located on Washington Street. It is anticipated that construction of the Iowa Avenue Multi-Use Parking Facility will begin in July of 1999 and be completed by Mamh 15, 2001. It is understood, however, that the contract specifications for the Iowa Avenue Multi-Use Parking Facility Project excuse the contractor from meeting this deadline under certain circumstances. The parties understand that such circumstances could delay the completion of the project. During the period of construction the City will designate spaces 31 through 54 and 1 through 9 in the Chauncey Swan parking ramp for Ecumenical's exclusive use. In addition, existing parking spaces on Washington Street immediately south of Ecumenical Towers shall be designated for Ecumenical's exclusive use as follows: four spaces in the loading zone area and four spaces at the meters. Said spaces on Washington Street will be available throughout construction with the exception of from Noon to 9:00 p.m. on October 22, 1999 when the street is closed for the University of Iowa Homecoming Parade. The City shall make shuttle service or cab service between Ecumenical Towers and the Chauncey Swan ramp available for residents seven days a week between the hours of 7:00 a.m. and 7:00 p.m. at 30-minute intervals. With respect to the alley that runs between Linn and Gilbert Street behind Ecumenical Towers, there will be a 12-foot wide portion of this alley open at all times during construction to allow for vehicular access with the exception of the repaving at the end of the project that should take approximately two weeks. noted above, the elevator and stairway at the southwest corner are excluded from Unit 1F and addressed separately. 6. The City shall pay the entire cost of electricity to light and operate Unit 1F for so long as Ecumenical is a project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance or is subject to the mortgage and regulatory agreement with HUD specified in paragraph 1. For so long as the City is paying said expenses it shall lease, at no cost to the City, twelve (12) spaces in the unsecured portion of Unit 1F for the purpose of providing permit parking in said spaces. For so long as the City leases said spaces from Ecumenical the City shall provide permit parking for the use of Ecumenical in the general parking area of the Iowa Avenue Multi-Use Parking Facility. The number of permits issued at any one time shall not exceed two hundred fifty (250) and each of said permits shall be limited in both its term and applicability (days and hours of the day that the permit is usable). At all times, no fewer than twenty (20) spaces shall be available for Ecumenical in the general parking area of the Iowa Avenue Multi-Use Parking Facility. 7. Initial striping of Unit 1F will be done by the City. Restriping will be Ecumenical's obligation. 8. The City will program and reprogram, as Ecumenical or the City determine to be necessary, the access cards and gate openers to be used in connection with the secured entrances and exits, including gates and doorways, into and out of Unit 1F and the general parking area of the Iowa Avenue Multi-Use Parking Facility. 9. Ecumenical shall have thirty-one (31) spaces in the secured area of Unit 1F. 10. There will be a water hook up in the secured area of Unit 1F and access to water. Temporary Parking Attached as Exhibit "D" hereto is a copy of the layout of the first floor of the Chauncey Swan parking ramp located on Washington Street. It is anticipated that construction of the Iowa Avenue Multi-Use Parking Facility will begin in July of 1999 and be completed by March 15, 2001. It is understood, however, that the contract specifications for the Iowa Avenue Multi-Use Parking Facility Project excuse the contractor from meeting this deadline under certain circumstances. The parties understand that such circumstances could delay the completion of the project. During the period of construction the City will designate spaces 31 through 54 and 1 through 9 in the Chauncey Swan parking ramp for Ecumenical's exclusive use. In addition, existing parking spaces on Washington Street immediately south of Ecumenical Towers shall be designated for Ecumenicars exclusive use as follows: four spaces in the loading zone area and four spaces at the meters. Said spaces on Washington Street will be available throughout construction with the exception of from Noon to 9:00 p.m. on October 22, 1999 when the street is closed for the University of Iowa Homecoming Parade. The City shall make shuttle service or cab service between Ecumenical Towers and the Chauncey Swan ramp available for residents seven days a week between the hours of 7:00 a.m. and 7:00 p.m. at 30-minute intervals. With respect to the alley that runs between Linn and Gilbert Street behind Ecumenical Towers, there will be a 12-foot wide portion of this alley open at all times during construction to allow for vehicular access with the exception of the repaving at the end of the project that should take approximately two weeks. Acquisition Fees The City shall pay actual acquisition fees and costs incurred by Ecumenical in connection with the City's acquisition of Ecumenical's property and the replacement of that property. Such fees and costs will not exceed $38,500.00 and are subject to and payable upon approval and verification by HUE). Approval and Subsequent Documentation This letter of understanding is subject to the approval of the United States Department of Housing and Urban Development (HUD) and the City Council of Iowa City. Upon approval by HUD and the City Council, the City shall be entitled to possession of Ecumenical's property for purposes of constructing the Iowa Avenue Multi-Use Parking Facility Project. The City shall indemnify and hold Ecumenical harmless from all claims and damages arising from the City's possession of said property and/or construction of said project. Upon possession by the City, temporary parking as described herein shall commence. After approval by HUD the City will proceed to draft formal purchase agreements for purchase by the City of Ecumenical's property and purchase by Ecumenical of said condominium Unit 1F. Said purchase agreements shall be subject to the terms of this Letter of Understanding and the approval of the City Council of the City of Iowa City, Ecumenical and HUD. In the event the City fails to approve said purchase agreements, the Letter of Understanding shall be null and void and the City shall restore Ecumenical's property being acquired hereunder to its condition as of June 28, 1999, and all sums paid hereunder for acquisition fees shall be paid by the City. Very truly yours, Eleanor M. Dilkes City Attorney Attachments Cc: Steve Arkins, City Manager Joe Fowler, Parking Director Jeff E)avidson, Assistant Planning Director Mark Hamer Attorney for Ecumenical Housing Corporation Charles A. Meardon t Attorney for Ecumenical Housing Corporation eleanor\lt~ecumenic.doc EXHIBIT "A" DECLARATION OF CONDOMINIUM IOWA AVENUE MULTI-USE PARKING FACILITY PREFACE: The Declarant, the City of Iowa City, has deemed it in the public interest to construct a public parking facility at the corner of Iowa Avenue and Linn Street in Iowa City, Iowa, which public parking structure is to include a private parking area appurtenant to a public housing facility, as well as certain privately owned commercial units in a horizontal property regime. As a result of this unusual combination of various ownerships, certain departures from condominium practice are implied. Among those departures is the fact that the basic structure is not a common element as defined by the Horizontal Property Act, but is part of the unit retained by the Declarant. The common elements subject to common ownership and a portion of expenses are deliberately few in number. The association of owners, denominated by the declaration as the Council of Co-owners, has a limited role and is formed as an unincorporated association, meeting only on an ad hoc basis to perform the limited functions necessary. The Declarant, therefore, states that the land described in Article I, Paragraph A of this declaration is hereby submitted to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999) named Iowa Avenue Multi-Use Parking Facility,-to be subject to the covenants, conditions, uses, limitations and obligations as specified in this declaration. ARTICLE I DESCRIPTION OF LAND AND BUILDING B, Land. The land submitted to the regime herein described is as follows: Lots 1, 2, 3 and 4, Block 61, Iowa City, Iowa, according to the recorded plat thereof. Description of Building. The building subject to the regime shall be a 6-level parking facility including spaces for commercial units on the west end, as well as commercial spaces at the northeast corner of the building along Iowa Avenue, and along Gilbert Street. The commercial units on the street level along Linn Street shall be constructed so as to allow the later construction of a mezzanine. The configuration of the building and the composite building materials are all shown of record on the building plans attached hereto as Exhibit A. ARTICLE II UNITS The units of the condominium regime, being those areas susceptible of separate ownership as described by the Horizontal Property Act are relatively located as shown on the schematic diagram filed with this Declaration as Exhibit B and are further described as follows: A. Unit 1A. Definition of Space. Unit 1A is located at the southwest corner of the street level of the structure, consists of 3,827 square feet and allows for future construction of a mezzanine having 1,627 square feet, as shown on plan attached as Exhibit "A" . The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1A from the remainder of the structure and from the outside. Unit 1A excludes the stairway located at the southeast corner, as such stairway exists between the bottom elevation of Unit 1A and the top elevation of Unit 2A, which stairway is a limited common element appurtenant to Units 1A and 2A as defined herein. Easements Appurtenant to Unit 1A. The owner of Unit 1A shall be entitled to the right of access to said unit over and across the portion of Unit 3 labeled on the plans as Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. Limited Common Elements Appurtenant to Unit 1A. Appurtenant to Unit I A, and therefore devolving to succeeding owners of Unit 1 A without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. An undivided one-half interest in the stairway at the southeast corner of Unit 1 A, bounded on the bottom by bottom elevation of Unit 1 A, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1A and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1A and 2A, as they may determine. Unit 1B. Seven City of Iowa City parking permits for parking without fee in the parking portion of the regime, two of which are to be specifically located on the ground level of the parking in the south parking bay directly east of the transformer. These parking rights may not be sold or assigned separately from Unit 1A. Definition of Space. Unit 1B is located at the northwest corner of the street level of the structure, consists of 3,958 square feet and allows for future construction of a mezzanine having 1,638 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1B from the remainder of the structure and from the outside. Unit 1B excludes the stairway located at the northeast corner, as such stairway exists between the bottom elevation of Unit 1B and the top elevation of Unit 2A, which stairway is a limited common element to Units 1 B and 2A as defined herein. Easements Appurtenant to Unit 1B. The owner of Unit 1B shall have the right of access over and across that portion of Unit 3 labeled on the plans attached as Exhibit B as the Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has' access to the public parking on each of the parking levels. Umited Common Elements Appurtenant to Unit 1 -B. Appurtenant to Unit 1 B, and therefore devolving to succeeding owners of Unit 1 B without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. An undivided one-half interest in the stairway at the northeast corner of Unit 1 B, bounded on the bottom by the bottom elevation of Unit 1 B, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1 D and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1B and 2A, as they may determine. C. Unit 1C. Definition of Space. Unit 1C is located on the lower level of the north side of the building along Iowa Avenue having gross area of 4,044 square feet being defined on the bottom by finish floor elevation of 670.00, on the top by ceil!ng elevation varying between 678.33 and 683.45 feet, and on the sides by the inside surfaces of walls defining the unit as shown on the attached plans. Easements Appurtenant to Unit 1C. The owner of Unit 1C shall have an easement for access to such unit over and across that portion of Unit 3 that is shown on the plans to be the hallway leading from the southeast corner of the unit connecting to the entrance court from Gilbert Street, and over the entrance court itself. 3. Easements to which Unit Ownership is Subject. None. D. Unit 1D. Definition of Space. Unit 1D is located at street level of Gilbert Street at the northeast corner of the building. Unit 1D has gross area of 3, 145 square feet and is bounded on the bottom by finish floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. Easements Appurtenant to Unit 1D. The owner of Unit 1D shall be entitled to an easement for ingress and egress to said unit over and across that portion of Unit 3 which is the hallway affording access to the southwesterly portion of Unit 1 D and over and across that portion of the entrance court off of Gilbert Street leading to the southeasterly entrance of Unit 1 D and to the entrance to the hallway described above. 3. Easement to which the Unit Ownership is Subject. None. E. Un~ 1E. Definition of Space. Unit 1E is located on the east side of the street level of the building along Gilbert Street, immediately adjacent to the south of the entrance court providing access to Gilbert Street. Unit 1E has gross area of 1,129 square feet and is bounded on the bottom by finished floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. 4 t Easements Appurtenant to Unit 1E. The owner of Unit 1E shall be entitled to an easement for ingress and egress to said unit over that portion of Unit 3 that is the entrance court off of Gilbert Street. 3. Easements to Which Unit Ownership is Subject. None. F. Unit 1F. Definition of Space. Unit 1F is the reserved parking area on the lower level, having access to the public street system on Gilbert Street and having gross square footage in the amount of 15,500 square feet, all as shown on the plans, which unit is bounded on the bottom by the sloping surface having variable elevation forming the bottom deck of the parking within the unit, on the top by the underside of the level of parking next succeeding vertically, on the south side by the inside surface of the exterior walls of the structure, on the west by the inside surface of the most westerly wall of the lower unit, on the north by the south wall of the areas labeled successively from west to east, "Electrical Room, landscaping, snow pit, Mechanical Room, landscaping, snow pit, landscaping", and then following to the south of the inside surfaces of the wall defining the westerly portion and southerly portion of the area located on the attached plans as 1 E and on the east by the projection of the inside of the support pillars of the ingress and egress onto Gilbert · Street, excluding from such area the stairway (as defined by the inside surfaces of the concrete walls forming the stairwell) and the elevator shaft and entrance lobbies for the elevator, both located at the southwesterly corner of the unit. The unit includes the parking gate equipment located therein. e Easements Appurtenant to Unit 1 F. Appurtenant to Unit 1 F is an exclusive easement, existing for so long as Unit 1F is subject to a mortgage and Regulatory Agreement dated and recorded September 3, 1980 in Book 291, Page 309 and in Book 580, Page 100, respectively, for ingress to and egress from the ground level to the surface level of Unit 1F over and across the stairway and elevator (with associated. lobbies) described in Paragraph 1, immediately above. After release of the mortgage and regulatory agreement, this easement shall terminate. Easements to which Unit Ownership is Subject. Unit 1F is subject to an easement for ingress and egress in favor of the City to the eastern-most area labeled "landscaping," immediately to the north of the unit. Such access will be exercised through the doorway from Unit 1 F into the eastern-most area labeled "landscaping" and will be limited to such times and in such manner as is reasonable in light of the parking use of the owner of Unit 1 F. Right of First Refusal. Unit 1F is intended to be appurtenant to the public housing project administered by The Ecumenical Housing Corporation located to the south across the alley abutting the building subject to the regime. In the event that The Ecumenical Housing Corporation wishes to sell their interest in Unit 1F separate from the real estate upon which the public housing project is located, the Declarant reserves a right of first refusal exercisable within 90 days after receipt of written notice of a bona fide offer for purchase of Unit 1F separate from the public housing project by matching the terms for performance specified in the offer. The right of first refusal shall not apply to any sale or transfer of Unit 1F as part of a combined sale of Unit 1F with the public housing facility across the alley. Maintenance Responsibility for Stairway and Elevator. The City shall be responsible to maintain the mechanical and electrical systems associated with the elevator excepted from the definition of Unit 1F. The owner of Unit 1 F shall be responsible for routine cleaning of the elevator and associated lobbies and the stairway over which the owner of Unit 1F has an access easement. The City shall indemnify and hold the owner of Unit 1F harmless from damages resulting from the City's performance or failure to perform its maintenance obligations described in this paragraph. The owner of Unit 1F shall indemnify and hold the City harmless for damages resulting from said owner's performance or failure to perform its maintenance obligations described in this paragraph. Unit 2A. Definition of Space. Unit 2A is the commercial area located on the second full level at the west end of the building. Unit 2A has gross area of 7,674 square feet and is bounded by floor elevation of 702.67, ceiling elevation varying from 712.33 to 713.33 feet, and the inside surfaces of the exterior walls defining the area, not including the space labeled .'Open to Below", (immediately below the clocktower) and excluding the elevator, stairway, and lobby area along the easterly side of the unit, and further excluding the stairways at the northeast and southeast corners of Unit 2A. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have a right of ingress and egress over and across the entryway and stairway and elevators leading from the second level down into the exit court on the first level, and up to the parking levels. 3. Easements to which Unit Ownership is Subject. None. 6 Unit 3. Limited Common Elements Appurtenant to Unit 2A. Appurtenant to Unit 2A, and therefore devolving to succeeding owner of Unit 2A without special reference to such rights appearing in the conveyance documents, are the following ownership rights, which are limited common elements of the condominium regime. An undivided one-half interest in each of the two stairways located at the northeast and southeast corners of Unit 2A, bounded on the bottom by the respective bottom elevations of Units 1A and 1 B, on the top by the top elevation of Unit 2A and on the sides by the inside surfaces of the concrete walls defining the respective stairwells. Maintenance responsibilities shall be apportioned, in the case of the northeast stairway between the owners of Units 1B and 2A, and in the case of the southeast stairway, between 1A and 2A, as these respective sets of owners may, from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for either stairway· The doors from each stairway-to the exterior shall be part of Unit 3, but shall be maintained, as to the north door by the owners of Units 1B and 2A, and as to the south door by the owners of Units 1 A and 2A as they may respectively determine. Definition of Space. Unit 3 is the public parking facility and shall consist of all parts of the structure not specifically defined as lying within any of the other units or limited common elements. Unit 3 shall consist of all structural elements of the structure or limited common elements, including all walls separating Unit 3 from other units or from the outside, including all windows and doors in these walls. Easements Appurtenant to Unit 3. The City reserves right of access over and across Unit 1F for access to the easterly-most space labeled "Landscaping", as shown by the plans to be north of Unit 1 F. Easements to which Unit Ownership is Subject. Unit 3 is subject to easements as above described in favor of the commercial units 1 A, 1 B and 2A over and across the exit court adjacent to Linn Street and the elevator stairway core immediately adjacent to the exit court providing access to the commercial spaces and to the public parking area. Unit 3 is further subject to easements for ingress and egress in favor of Units 1-C, 1-D and 1-E over and across the entrance court and stairway core having access to Gilbert Street and is subject to the access easement in favor of Unit 1F as described in Article II, F2, above. Provisions Applicable to all Units (Except Unit 3) Defining Surfaces of Units (Except Unit 31. The unit definitions above describe the boundaries of the various units (except Unit 3) to be the "inside surfaces" of the walls forming the units. Each of these walls is a poured concrete wall, such that the unit boundary is to be the surface of the wall closest to the unit being defined. Similarly, the floors and ceilings are formed by poured concrete surfaces, such that the horizontal unit boundaries are the concrete surfaces of the floor and ceiling close to the unit being3 defined. The implication of these definitions is that Unit 3 contains all concrete walls, floors and ceilings, but the individual units include all studs, drywall, subflooring, drop ceilings or other structural elements affixed to the concrete surfaces. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. The inside surface of any floor or ceiling for which an elevation is given above as a defining plane of any unit varies, due to construction irregularities, from the planned elevation, the unit shall be defined by the surface as actually constructed, Projection of Structural Elements Below Top Elevation of a Unit. There shall be excepted from each unit (except Unit 3) any portion of a structural element contributing to the rigidity of the building which projects below the elevation stated above as the top surface of the unit. Subdivision of Units. Units 1 A, 1 B, 1 C, 1 D, 1 F and 2A may be subdivided into smaller units, susceptible of separate ownership, subject to the following limitations: No division shall affect the exterior integrity of the structure without the express permission-of the owner of Unit 3, as expressed by the City Manager or his designee. No resulting unit shall be smaller than the original size of Unit 1-E. (Unit 1-E is therefore not subject to subdivision). c. All procedures for subdivision specified below are followed. Procedures to Subdivide. In order to make a unit susceptible of subdivision eligible for separate ownership, the owner of the unit to be subdivided shall file with the Johnson County Recorder a document entitled "Amendment of Declaration of Condominium for Subdivision Purposes", which document shall contain the following provisions: A description of the newly created subunits, as illustrated by a graphic representation filed with the amendment. A unique designation for each subunit, using as a basis the original unit designation. Example: If Unit 1A is to be divided into two subunits, the filed documents should designate the subunits as Unit 1- A-1 and Unit 1-A-2. An allocation of easements to which the original unit is subject and which are appurtenant to the original unit among the respective subunits. An allocation among the proposed subunits Of the percentages of responsibility for common expenses and of voting power originally assigned by this Declaration to the unit to be subdivided, based on relative areas of the property subunit, Special Restrictions on the Subdivision of Unit 1F. In addition to the requirement of subparagraphs a, b, c, and d, no subdivision of Unit 1 F shall involve relocation of the entrance to the parking area from Gilbert Street or involve the use of any subunit for short-term parking. Cross-Easements. Each unit is entitled to an easement over all other units for the placement, operation, maintenance and replacement of utility services, such as gas, electric, water and sewer, telephone, cable television and any other service utility, as shown on the plans filed with this Declaration. References to the City. Throughout this declaration, references are made to "The Declarant", "The City", and "The Owner of Unit 3." All of these terms are interchangeable and refer to the City of Iowa City, Iowa. 9 ARTICLE III COMMON ELEMENTS General Common Elements. The general common elements of the condominium shall be the following: 1. Land which is dedicated to the regime. 2. The rooms on the lower level labeled "Mechanical Room" and "Electrical Room". The heating unit and cooling unit located within the Mechanical Room and associated ductwork from the heating and cooling unit to the boundaries of the respective units. 4. The electrical service to the electrical service box from the street. Basis of Allocation of Expenses Regarding Common Elements. To the extent that any expenses to the common elements are measurable by metering the allocation of those expenses for general common elements shall be allocated based on the meter readings. To the extent that the expenses of common elements may not be allocated based on meter readings, the following percentages shall be used: ,Units % of Expense 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% This allocation represents the relative proportions of heated and cooled space within the regime and does not represent ownership proportions. Limited Common Elements, For description of limited common elements within this regime, see Articles IIA3, lIB3 and IIG4. 10 ARTICLE IV ADMINISTRATION OF COMMON ELEMENTS Council of Co-Owners. The body administering the common elements shall be known as the Council of Co-Owners, composed of all owners of units in this regime with one membership with respect to each unit. The affairs of the Council of Co-Owners shall be regulated by this article of the declaration which shall stand as the by-laws of the organization. The organization shall be unincorporated. For the purpose of determining membership in the Council of Co-Owners, the owner of the fee title of a unit shall be the member with respect to that unit, except in the event of a unit having been sold by recorded installment contract, in which case the contract vendee shall be the member. In the event of multiple fee titleholders or multiple contract vendees of a unit, the membership rights for that unit, including voting, shall not be divided, but shall be exercised in a block as the multiple co-owners may. determine among themselves. Meetings of the Council of Co-Owners. The Council of Co-Owners shall have no regular meetings, but shall convene on written notice to all owners by any owner, which notice shall be delivered by ordinary mail at least 10 days prior to the proposed meeting. The subject matter for the meetings shall be limited to any issue concerning the common elements, the charges arising therefrom, or the termination of the condominium regime. Voting Rights at the Meetings. At any meeting of the Council of Co-Owners, quorum for which will be the presence of owners owning at least 50% of the voting power as described in this paragraph, the following voting rights shall be recognized: For all issues concerning the common elements, except amendment of the declaration or termination of the regime: Units % of Total Vote 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% 11 2, For amendment of the declaration or termination of the regime: Unit % of Total Vote 1A 2.4% 1B 2,5% 1C 1,8% 1D 1,4% 1E 0.5% 1F 6.8% 2 3.4% 3 81.2% This allocation represents the percentage ownership interest of the respective units in the common elements. Recordkeeping. The City shall keep the records of all the meetings of the Council of Co- Owners. Information Regarding Common Expenses, All charges for repairing, maintaining and replacing the common elements shall be received by the City who shall then calculate the shares of the respective owners as provided in Article III above and shall present statements for the same to the respective owners, Payment of Shared Common Expenses, Within 30 days of the receipt of the statement from the Declarant of shared common expenses, individual unit owners shall remit to the Declarant their respective shares of common expenses. Lien for Assessments. Unpaid assessments shall become a lien on the unit assessed and be subject to the collection remedies as described in Section 499B. 17 of the Code of Iowa (1999). Amendment to this Article. It is stated that amendment to this article, serving as by-laws of the Council of Co-Owners may be made in the same fashion as provided herein for the amendment to any other of the provisions of the Declaration. 12 ARTICLE V MAINTENANCE RESPONSIBILITIES De E, By City of Areas Subject to Access Easements. The City shall maintain the areas shown on the attached plans as the exit court and public stairways (not including the stairways that are limited common elements appurtenant to Units 1 A, 1 B and 2A) and the public elevators and associated access ways, and the elevator located within the confines of Unit 1 F in a manner consistent with the manner in which the City maintains other public buildings such as the Civic Center, Recreation Center, and Public Library, or otherwise in a safe, sanitary and serviceable manner, including snow and ice removal. By City and Other Owners of Dumpster Areas. The City shall assign to each unit owner a designated dumpster area. The City shall maintain the exterior walls of the dumpster areas shown on the attached plans. The individual owners shall be responsible for their own trash removal, and shall be responsible to correct any condition caused by the owner or its trash removal contractor. No dumpster may be placed in the public alley. Any individual owner who fails to maintain the dumpsters and dumpster areas in a safe, sanitary and serviceable manner shall pay the expenses incurred by the Ci'ty in performing such maintenance, after written notice to the owner specifying the particular failure, to which notice no corrective response is made within 10 days. By City of the Exterior of the Structure and the Parking Surfaces. The City shall maintain the parking surfaces in the public area and the exterior of the structure in a safe, sanitary and serviceable manner. Included in this obligation is the obligation to .clean the exterior windows of the structure, including the individual units, at least once a year during March, April or May. By The Ecumenical Housing Corporation of Unit 1F. The maintenance of all of the facilities within Unit 1 F shall be performed by Ecumenical Housing Corporation. Included in this responsibility is the parking surfaces, lights and parking gate equipment. For maintenance of the elevator, elevator lobbies and stairway serving Unit 1 F, see Article IIF5. By Owners of Units 1A, 1B, 2A, 1C, 1D and 1E. Each unit owner of Units 1 A, 1 B, 2A, 1 C and 1 D shall perform all maintenance on all of the areas and equipment located within its respective unit. Each of the unit owners shall perform no alterations affecting the structure without the written permission of the City, provided that interior decorating may be performed without permission. No work on the exterior of the structure shall be permitted without the written permission of the City. 13 The owners of the units 1 A, 1 B, 2A, 1 C, 1D and 1 E may affix signs to the exterior of the structure consistent with the provisions of the Iowa City Sign Ordinance and with the written permission of the City pursuant to then-existing written policy on signage adopted to assure compatibility with the appearance of the structure as expressed by the City Manager, or his designee. After permitted installation of such a sign, maintenance of the sign shall be the responsibility of the unit owner to which the sign pertains. If an owner fails to reasonably maintain an installed sign, Declarant may perform such maintenance and assess the owner for the reasonable costs thereof, after written notice to the owner specifying the particular failure, to which notice no corrective response has been made within 10 days. The owners of Units 1 A, 1 B, 1 C, 1 D, and 1E shall have the responsibility to remove snow from the public sidewalk adjacent to their units to the same degree as other Iowa City owners have, as specified in the City Code. The City shall remove snow on the remainder of the sidewalk. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D, and 1E shall have the obligation to maintain the doorways and windows to their units, including the obligation to replace any broken glass and to perform any cleaning required on a more frequent basis than the Declarant cleaning described in paragraph V, C. The owners of Units' l A, 1 B, 2A, 1 C, 1 D and 1 E may perform, but shall not be required to perform, at their own expense, maintenance, such as cleaning, on the portions of Unit 3 such as hallways, exit courts, as may be adjacent to the units, Any unit owner performing such maintenance shall hold the Declarant harmless from any damages arising from it. Responsibility for Damage to Other Units. If because of the acts or omissions of a unit owner or its agent, tenant, invitee or licensee, damage is caused to the general or limited common elements or to a unit owned by another, the responsible unit owner shall be liable for such damage. 14 ARTICLE VI RECONSTRUCTION OF THE REGIME IN THE EVENT OF DESTRUCTION BY CASUALTY De Casualty Insurance. Since Declarant is the owner of the structure of the regime, the Declarant shall provide the entire casualty insurance for the building, excluding the units other than Unit 3. As such, casualty insurance is not an expense subject to allocation. However, non-declarant owners of any unit shall be responsible for casualty insurance for any damage occurring within their respective units. Decision to Reconstruct. In the event of a casualty creating a partial or total destruction of all or any part of Unit 3, it shall be duty of the Declarant to restore the structure to its originally constructed condition, except in the event the Declarant decides not to reconstruct and receives the permission of 75% of the total voting power of the non- declarant owners as described in Article IVC2. A decision of the Declarant not to reconstruct must also receive the consent of all of the mortgagees of the non~declarant owners who have consented to the decision. In the case of the decision not to reconstruct, the regime shall be deemed to be dissolved and subject to partition and sale. In the event of partition and sale, the proceeds shall be distributed as specified in Article IVC2. If the Declarant decides to reconstruct after a casualty, reconstruction of the improvements of the individual units shall be the responsibility of the individual owners, funded by the proceeds of individual insurance policies, or otherwise, as the owner may determine. Plans i~ the Event of Reconstruction. The plans and specifications for any reconstruction after a casualty shall be substantially the same as the plans and specifications of the original structure. Casualty Affecting a Single Unit. If casualty to a single unit occurs such that only parts of a unit are affected, the individual unit owner shall be responsible for the expense of reconstruction and repair. If a casualty affecting only a single unit remains unrepaired six months after the casualty, the Declarant may cause the necessary repairs to be made and impose the reasonable costs thereof as a lien on the affected unit. 15 ARTICLE VII USE AND OCCUPANCY RESTRICTIONS Use of Mechanical and Electrical Rooms. Each of the owners of units in this regime shall have access to and use of the Mechanical and Electrical Rooms which are common elements of this regime for purposes of installation, operation and maintenance of such service equipment relating to each unit as may be located in these rooms. No unit owner using the mechanical and electrical rooms shall impair the reasonable access to or use of these rooms by any other owner. No storage of any type shall be permitted in the Mechanical or Electrical Rooms. No unit owner shall make any use of any unit which threatens the ability of the City to obtain any appropriate insurance coverage. Parking. Parking for the owners, employees and invitees of Units 1 B, 1 C, 1 D, IE and 2A may be made available under the parking policies from time to time adopted by the City. Leasing. The owners of Units 1 A, 1 B, 1 C, 1 D, 1 E, 1F and 2A may lease all or part of their units subject to the following conditions: 1. The lease must be in writing. The lease must provide that the leasee is subject to the provisions of the condominium declaration and that failure by the tenant to comply with the condominium declaration shall constitute a default under the lease. The lease shall contain the acknowledgment signed by the tenant that the tenant has received copies of the declaration. No lease shall allow relocation of the entrance to Unit 1 F from Gilbert Street or shall allow the use of Unit 1 F for short-term parking. 16 ARTICLE VIII TERMINATION OF CONDOMINIUM FORM OF OWNERSHIP Any termination of the status of the regime as a horizontal property regime under Chapter 499B of the Code of Iowa shall be performed pursuant to Section 499B.8 Code of Iowa (1999). The undivided interests of the respective owners after termination shall be as described in Article IVC2, ARTICLE IX AMENDMENTS TO DECLARATION This declaration may be amended by an affirmative vote of 75% of the total voting power of the regime as described by Article IVC2 at a special meeting of the Council of Co-Owners, provided that no amendment is effective to reduce a percentage ownership of any unit owner, to reduce easement rights appurtenant to any unit, or to increase any owner's obligations, unless that unit owner and its first mortgagee have consented in writing. The maintenance obligations of the City expressed herein cannot be reduced without consent of all non-City owners. The amendment to the declaration is effective upon filing of a copy of the same in the office of the Johnson County Recorder. 17 EXHIBITS A. COMPLETE BUILDING PLANS B. SCHEMATIC DIAGRAM OF UNIT LOCATIONS 18 ~ 0 r~ Z ~D ~D :: D D ~D ~ ~ F' EXHIBIT "D" !~,~jHC L 112 113 114 115 HC 111 i 110 II 109 55 108 56 107 57 106 58 I 105 59 II 104 60 103 61 I 102 62 101 63 100 64 99 65 I 98 66 II 97 67 96 68 95 69 i 94 93 92 ':/2 91 73 gO 74 [] I 89 75 88 76 87 77 86 78 [] I 85 HC 84  ~ 83 82 81 8~ me 54 53 52 51 50 49 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 32 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '25 26 27 28 29 30 I I l 'l I l l C42799 .XLS Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 99-219 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. WHEREAS, McComas-Lacina of Iowa City, Iowa has submitted the lowest responsible bid of $11,648,000 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to McComas-Lacina, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 29th day of ,3une ,19 99 ATTEST:Ci~CLE~RK -z~/'- It was moved by Norton adopted, and upon roll call there were: AYES: NAYS: X pwengVes~jowaave.doc X X X X X and seconded lution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef REVISED ADVERTISEMENT FOR BIDS IOWA AVENUE MULTI-USE PARKING FACILITY, IOWA CITY, IOWA Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m. on the 24th day of June, 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers of the Iowa City Civic Center, Iowa City, Iowa, at 7 p.m. on June 29, 1999, or at such later time and place as may then be scheduled. The Project will involve the following: Construction of the Iowa Avenue Multi- Use Parking facility. All work is to be done in strict compliance with the plans and spocffications prepared by Neumann Monson Architects, 111 E. College Street, Iowa City, Iowa, 52240, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each bid shall be made on the bid form which has been prepared for this purpose and included in the project manual. Each bid shall be accompanied by bid secudty attached in a separate envelope. Bid secudty shall be a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid secudty shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bend satisfactory to the City ensudng the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bends of the lowest two or more bidders may be retained for a pedod of not to exceed thirty (30) calendar days until a contract is awarded, or until rejection is made. Other bid bends will be retumed after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract pdce, said bend to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and laber, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a pedod of two (2) years from and after its completion and formal acceptance by the City. Completion Dates: West commercial areas prepared for fit-out: January 15. 2000 West commercial areas exterior and site work: Mav 15, 2000 Parking office/east commercial areas prepared for fit-out: November 15, 2000 Entire project: March 15. 2001 Liquidated Damages: refer to specification documents The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal may be secured at the Office of Neumann Monson Architects, 111 E. College Street, Iowa City, Iowa, by bona fide bidders. A $50 refundable deposit and a $5 non- refundable handling charge is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of two checks, each made payable to Neumann Monson Architects. The $50 per set plan deposit will be refundable upon return of said plans and specifications in good and usable condition within ten days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act Section 23.21, Code of Iowa (1997) applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK ppdadrrviowapkgbids2.doc ADVERTISEMENT FOR BIDS IOWA AVENUE MULTI-USE PARKING FACILITY, IOWA CITY, IOWA Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m. on the 3rd day of June, 1999, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall> not be deemed a "sealed bid" for purposes of th~' Project. Proposals will be acted upon by the tCfty Council at a meeting to be held in the Cpbncil Chambers of the Iowa City Civic Cente.~r'; Iowa City, Iowa, at 7 p.m. on June 15, 1999, ¢ at such later time and place as may then be s~l~eduled. The Project will involve the followiF/g: work is to be done in compliance with sur prepared by 111 E. College 52240, which have by the City Council, examination in the Office and nn Monson appf and are on of the City Each bid shall made on the bid form which has been pre~ this purpose and included in the tl. Each bid shall be accom by bid attached in a se }e. Bid shall be a bid bond by a :ion authorized to as a surety in the of Iowa, in the 10% of the bid. The bid shall be payable to the TREASURER THE CITY , IOWA CITY, IOWA, and shall ,ited to the City of Iowa City in the 'event the :essFul bidder fails to enter into a contract within; (10) contract and maintenance of said Project, if required, pursuant to the provisions of this notice d the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed thirty (30) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Notice to proceed: June '16, 1999 Completion Dates: West commercial areas: December 15. 1999 Parking office/east commercial areas: October 15, 2000 Entire project: February 15. 2001 Liquidated Damages: refer to specification documents " The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal may be secured the Office of Neumann Monson Architects, 111 E. College Street, Iowa City, Iowa, by bona ..fide idders. A $50 refundable deposit and a $5 non- re ndable handling charge is required'for each set of plans and specifications provided to bidde or other interested persons. The fee shall be in th form of two checks, each. made payable to Neuma .n M. onson Architects.. The $50 per s.et condition within\,ten days after the receiving of bids. \,. ,,,,'"' Prospective ar~e advised that the City of low8 City desires to minority contractors and subcontractors projects. Bidders shall list/0n Form of Proposal the names of perso 's, )aRies or other parties with wh m the ntends to subcon- tract. T. his list hall include ' pc of work and propo,Sed subcontractors, together th quanti- ties,,anit prices and extended dollar lounts. If no, minority business enterprises :) are utiJized, the Contractor shall furnish docL enta- tion of all reasonable, good faith efforts to MBE's. A listing of minority contractors can be from the Iowa Department of Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act Section 23.21, Code of Iowa (lggT) applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5145 RESOLUTION NO. 99-220 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I'rEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON PC OF IOWA CITY, IOWA TO PROVIDE ON-SITE OBSERVATION SERVICES DURING CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY PROJECT. WHEREAS, the City of Iowa City has received bids for construction of the Iowa Avenue Multi-Use Parking Facility Project ("Project"); and WHEREAS, it is desirable for Neumann Monson PC to provide construction observation services during the Project; and WHEREAS, an Agreement for professional services has been negotiated with and executed by Neumann Mortson PC of Iowa City, Iowa; and WHEREAS, this City Council has been advised and does believe that it would be in the best interest of the City of Iowa City, Iowa, to enter into said Agreement with Neumann Monson PC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Consultant Agreement by and between the City of Iowa City, Iowa, and Neumann Monson PC for the provision of professional services, attached hereto and made a part hereof, is in the public interest, and hereby approved as to form and content. AND BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa Passed and approved this 29th day of ATTEST:Ci'i'i'~CE~.~,,'-) '~. It was moved by Thornberry adopted, and upon roll call there were: AYES: X Vanderhoef and seconded by NAYS: X the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pwengVes~multuse.doc CONSULTANT AGREEMENT IOWA AVE. MULTI-USE PARKING FACILITY ON-SITE OBSERVATION SERVICES THIS AGREEMENT, made and entered into this 29th day of June ,1999, by and between the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as the CITY and Neumann Monson, P.C. of Iowa City, Iowa, hereinafter referred to as the CONSULTANT. WHEREAS, the City of Iowa City, Iowa is desirous of obtaining the services of an architectural consulting firm to provide full-time on-site observation services; and WHEREAS, the City of Iowa City has negotiated an agreement with Neumann Monson, P.C. to provide said services, NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO that the CITY does now contract with the CONSULTANT to provide construction observation services in order to assure the Project is constructed as designed and within applicable time constraints. Services to be provided are as follows: ARTICLE I RELATIONSHIP OF THE PARTIES 1.1 CITY AND CONSULTANT The CONSULTANT shall act as the CITY's agent in providing construction observation services as described hereinafter. The CONSULTANT and CITY shall perform their respective responsibilities as stated in this AGREEMENT and each accepts and will continue the relationship of trust and confidence which has been previously established, and is further set down in this AGREEMENT. 1.2 STANDARD OF CARE The CONSULTANT covenants with the CITY to furnish its professional architectural skill and judgment in accordance with acceptable standards of the architectural profession and shall use responsible care to effect requirements of applicable laws, rules, regulations, and the various Project construction contracts. The CONSULTANT covenants with the CITY to use its best efforts in furnishing construction observation services consistent with the CITY's interests. As used in this AGREEMENT, the term "best efforts" shall require the CONSULTANT to act in an expeditious, prudent and diligent manner. 1.3 CONSULTANT RELATIONSHIP WITH CONSTRUCTION CONTRACTOR(S) The CITY will enter into a contract for the construction of the Project. The CONSULTANT shall endeavor to maintain a working relationship with the contractor on behalf of the CITY. However, nothing in this AGREEMENT shall be construed to mean the CONSULTANT assumes any of the contractual or customary responsibilities or duties of the various Contractors. "Contractor" may be used in this Agreement to refer to one or more contractors. -1- ARTICLE II THE PROJECT SCOPE 2.1 PROJECT DESCRIPTION The construction of the Project for the CITY shall be accomplished through the award of a construction contract generally described as follows: 2.1.1 The Iowa Ave. Multi-Use Parking Facility 2.2 BASIC SERVICES 2.2.1 Upon execution of a construction contract by the CITY, the CONSULTANT shall meet with the Contractor to secure its proposed Project Construction Schedule showing (1) milestone events significant to the Project and "long lead" major equipment items associated with those events; (2) the exact sequence of operations and item estimates for the completion of the Project; (3) the order, sequence, and interdependence of all significant work activities along with a schedule for the procurement, fabrication, and delivery of critical or special materials and equipment; and (4) a schedule of Contractor submittals and anticipated approvals of samples and shop drawings for equipment and materials. The CONSULTANT shall review the Project Construction Schedule prior to its submission, shall offer its observations to the Contractor concerning said Schedule, and shall make a written report to the CITY containing its observations and recommendations with regard thereto. 2.2.2 The CONSULTANT shall administer the construction contract, and shall consult with and advise the CITY in regard to the progress and quality of construction throughout the construction phase. 2.2.3 The CONSULTANT shall schedule and conduct a preconstruction conference with CITY and Contractor, and shall facilitate construction and progress meetings with the Contractor to review and discuss construction progress, procedures, problems, and scheduling. The CONSULTANT shall require the contractor to promptly prepare and distribute to participants and the CITY detailed written minutes of all such conferences and meetings. The CONSULTANT shall prepare and submit to the CITY written monthly reports covering the progress of the Project, problems encountered, and scheduling. Nothing herein shall preclude the CITY from attending such conferences and meetings. 2.2.4 The CONSULTANT shall periodically cause the Contractor to update, revise and reissue, as necessary, the Project Construction Schedule to show current conditions and proposed revisions necessitated by actual work progress. 2.2.5 The CONSULTANT shall provide a resident Project representative, to be present at the site when construction work is in progress, to provide Project observation of the progress and quality of the construction work, and to determine in general if the Project is proceeding in accordance with the Contract Documents. The CONSULTANT shall use its best efforts to guard the CITY against defects and deficiencies in the work of the Contractor, shall determine if the work is proceeding in accordance with the Contract Documents, and shall endeavor to achieve -2- 2.2.6 2.2.7 2.2.8 2.2.9 2.2.10 satisfactory performance from the Contractor. The resident Project staff will direct its best efforts toward providing greater protection for the CITY so that the completed Project will conform to the Contract Documents, but neither the CITY, nor the CONSULTANT, nor their respective staffs will be responsible for the means, methods, techniques, or procedures of construction selected by the Contractor or for safety precautions and programs incident to the work of the Contractor or for any failure of the Contractor to comply with any laws, ordinances, rules, or regulations applicable to the construction work. The Contractor shall have primary responsibility to perform the construction work as set forth in the Contract Documents. The CONSULTANT shall notify the CITY of all permanent work which does not conform to the Contract Documents, shall prepare and submit a written report describing any apparent nonconforming permanent work, and shall make recommendations to the CITY for its correction, and when authorized by the CITY shall instruct the Contractor to carry out the acceptable corrective measures. The CONSULTANT shall maintain detailed records of the work including a daily diary/log of all activities at the work site which may affect the quality and timely prosecution of the work. The daily diary/log format shall include a record of contractors' workforce at work site, a list of visiting inspectors and officials, daily activities, weather conditions, equipment on site, decisions made, general observations, and specific observations (e.g., test results). Copies of daily logs, inspection, and testing reports shall be provided to the CITY weekly. Additionally, construction photos shall be maintained to document construction progress. A series of photos shall be taken from the same vantage points as necessary to show work progress. The CONSULTANT shall coordinate with the Contractor the scheduling of special testing services to be performed by Terracon Consultants. The CONSULTANT shall issue all instructions for the CITY to the Contractor; shall prepare change orders as required, shall require such special inspection or testing as necessary to evaluate conformance of the work with the requirements of the Contract Documents and the performance thereunder by the parties thereto. Consultant shall interpret and make determinations with regard'to the requirements of the Contract Documents and testing results, make recommendations to the CITY on all claims of Contractor relating to the execution and progress of the work, and assist the CITY in obtaining data and information from the Contractor as required in the Construction Contract Documents. The CONSULTANT shall recommend construction change orders to the CITY, review requests for change orders, assist in negotiating Contractors' proposals, submit recommendations to the CITY and if they are accepted, prepare change orders for the CITY's authorization. The CONSULTANT shall maintain the following at the Project sites, on a current basis: a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications, in good order and marked to record significant changes; shop drawings; product data; samples; submittals; maintenance and operating manuals and instruction; other related documents and revisions which arise out of the contract or work. The CONSULTANT shall require the Contractor -3- to provide testing in accordance with the construction plans and specifications. 2.2.11 At the close of the Construction Phase, the CONSULTANT shall deliver to the CITY all records and documents which it is required to keep and maintain pursuant to this AGREEMENT, including but not limited to those provided in Section 2.2.10. ARTICLE III CITY'S RESPONSIBILITY 3.1 The CITY shall arrange for access to and make all provisions for CONSULTANT to enter upon public property as required for CONSULTANT to perform services under this AGREEMENT. 3.2 The CITY shall examine all sketches, drawings, specifications, and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and other consultants as CITY deems appropriate for such examination; and render, in writing, decisions pertaining thereto. 3.3 The CITY shall furnish to CONSULTANT data or estimated figures as to CITY's anticipated costs for services to be provided by others for CITY so that CONSUL- TANT may make the necessary findings to support opinions of probable Total Project Costs. ARTICLE IV GENERAL TERMS 4.1 The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontract. 4.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 4.1.2 To discriminate against any individual in the terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 4.2 Should the CITY terminate this AGREEMENT, the 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 "maximum fee" amount listed in Article VI. The CITY may terminate this AGREEMENT upon seven (7) calendar days' written notice to the CONSULTANT. 4.3 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. 4.4. It is understood and agreed that the retention of the CONSULTANT by the City for the purpose of the PROJECT shall be as an independent contractor and shall be exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the PROJECT. -4- 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the PROJECT shall be available by said CITY upon reasonable request from the 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, the 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 the CONSULTANT to assure attendance. The CONSULTANT agrees to furnish, upon termination of this AGREEMENT and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the CONSULTANT pursuant to this AGREEMENT without cost, and without restrictions or limitations as to the use relative to specific projects covered under this AGREEMENT. In such event, the CONSULTANT shall not be liable for the CITY's use of such documents on other projects. The CONSULTANT shall furnish the services of Mr. Kevin Monson, AIA to attend such meetings of the City Council and public meetings relative to this AGREEMENT and as may be requested by the CITY. Mr. Monson shall attend other meetings as requested by the CITY. Any requirements made by the CITY shall be given with reasonable notice to the CONSULTANT. Mr. Monson shall direct all PROJECT efforts expended by the CONSULTANT during the work, and shall serve as the primary liaison with the CITY. Changes in the CONSULTANT's representatives shall be made only with the prior written approval of the CITY. Charles Schmadeke and Rob Winstead shall act as the CITY's representatives with respect to the work to be performed under this AGREEMENT. These two persons or their designees shall have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions with respect to the work presented under this AGREEMENT. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this AGREEMENT shall constitute grounds for the CITY to withhold payment of an amount sufficient to properly complete the PROJECT in accordance with this AGREEMENT. Should any section of this AGREEMENT be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and shall continue in full force and effect. Fees paid for securing approval of authorities having jurisdiction over the PROJECT shall be paid by the CITY. Upon signing this agreement, CONSULTANT acknowledged that Section 362.5 of -5- the Iowa Code prohibits a City officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. ARTICLE V TIME OF COMPLETION The CONSULTANT shall complete the PROJECT in accordance with Construction Contracts awarded by the CITY. Construction to begin July 1999 and be completed by March 2001. If the Construction Contract is not awarded during the year indicated, or the time of construction is changed, the compensation shall be adjusted as indicated in Article VI may be amended as agreed to by both padies. ARTICLE VI COMPENSATION FOR SERVICES 6.1 Methods of Payment: 6.1.1 City shall pay CONSULTANT for services rendered based on four thousand one hundred hours of service at $60/hr. not to exceed two hundred forty-six thousand dollars ($246,000.00). 6.2 Schedule of Payment The CONSULTANT's fee shall be earned and paid in accordance with hours expended on the project. The CONSULTANT shall submit monthly statements requesting payment for its services concurrently with the submission of estimates for payment of the Construction Contractor. ARTICLE VII MISCELLANEOUS 7.1 Insurance Requirements 7.1.1 Certificate of Insurance, Cancellation or Modification 7.1.1.1 Before commencing work, the CONSULTANT shall submit to the CITY, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. 7.1.1.2 The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. 7.1.1.3 Cancellation or modification of said policy or policies shall be considered just cause of the CITY to immediately cancel the AGREEMENT and/or to halt work on the PROJECT, and to withhold payment for any work performed on the Contract. 7.1.2 Minimum Coverage -6- o6/25/99 lS,2g 'Z~310 339 78?0 ~t~z,,J,~ MeNSON ~Oo8/ooS 7.1.2.1 Any policies of InsurancR purchased t:)y the CONSULTANT to sa~.~ry its re.%oonsibili~JeS under this AGREEMENT shall include cohtl,c~tual liability coverage, and shall be in the following type and minimum amounts: Type of (:everage i. ComprehensNe Gener=l Uability (1] i~odily Injury (2) Prope~/DRmage Oo'~lrrenCe ~g~regate $~50,000.00 $-";0Q.Q0O.0O $1 O0,OO0,0Q P~r Pemon PRr AP,'ident ii. Workers Compensation Insurance a~ Required by Chapter Code of Iowa 7.2 LimitatiOnS Of LlabTfity TRR CONSUL TANT agrees at ill times material to this Agreement to h=vo and maintain professional Iiabillty insurance covedng the CONSULTANT'5 tlabill~/for the CONSULTANT'S neglIGent ac~s, errors and ~rnlssion5 to ~e CITY in the sum OT $1,000,000.00. 7.3 All provisions or the Agreemerit shall be reconcllcd in accordance wi~h generally accepted standards of the Arch~ectural profession. 7.4 It is TUnher agreed that there are no other considerations or monies corttlngent upon or resutting from the R~cutlon of tiqis Agreement, that this i5 fie entire Agreement, anti tha~ no o[.h~r monies or con.~cieretiorls have Dean solicitell. FOR THI~ CONSULTANT ,~~ffF IOWA CITY, A NEUMANN MeNSON, P.C. or .t. , I , Attest by: Date 0e/2E/00 R),Z 16=27 [TZ/i;~ ~0 i12o] ~ Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-221 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON P.C. OF IOWA CITY, IOWA FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE IOWA AVENUE MULTI-USE PARKING FACILITY. WHEREAS, by Resolution No. 98-320, the City Council authorized the Mayor to sign and the City Clerk to attest the consultant agreement between the City and Neumann Monson P.C. of Iowa City, Iowa to complete design and engineering activities for the Iowa Avenue Multi-Use Parking Facility (hereina~er "Original Agreement"); and WHEREAS, at the time of the Original Agreement it was unclear what demolition would be required and the agreement did not include services for preparation of demolition drawings and specifications; and WHEREAS, included within the construction project for the Iowa Avenue Multi-Use Parking Facility will be demolition of the Harmon Building, The Cottage Bakery, and the Eastlawn building, and it is necessary to amend the Original Agreement to provide for preparation of demolition drawings and specifications and the payment of a fee therefore. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The amendment to consultanrs agreement attached hereto is in the public interest and is approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest said amendment to consultant agreement. Passed and approved this 29 th ATTEST:Ci~LE'R~K ~' ITY day of June ,1999. City Attorney's Office eteano,'/re~Jphase2.doc Resolution No. 99-221 Page 2 It was moved by Thornbert), and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X Norton the Resolution be 'ABSENT: ,. Champion Kub. by Lehman Norton O'Donnell Thornberry Vanderhoef AMENDMENT TO CONSULTANT AGREEMENT BETWEEN CITY OF IOWA CITY, IOWA AND NEUMANN MONSON PC FOR IOWA AVENUE MULTI-USE PARKING FACILITY This agreement amends the consultant agreement made and entered into on the 6th day of October, 1998 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City, and Neumann Monson P.C., hereinafter referred to as the Consultant, for design and engineering services for the Iowa Avenue Multi-Use Parking Facility (hereina~er "Original Agreement"). WHEREAS, at the time of the Original Agreement it was unclear what demolition would be required on the site, and therefore, said agreement did not include services for preparation of demolition drawings and specifications; and WHEREAS, the construction project for the Iowa Avenue Multi-Use Parking Facility will include demolition of the Harmon Building, The Cottage Bakery, and the Eastlawn building, and it is therefore necessary to amend the original agreement to provide for preparation of demolition drawings and specifications and the payment of a fee for such services. NOW, THEREFORE, it is agreed by and between the parties that: 1. The Original Agreement is hereby amended as follows: a. Section I(A)(2) is amended by adding subparagraph h as follows: Construction documents shall include drawings and specifications setting forth in complete detail the requirements for all demolition on the site. b. Section IV(A) is amended by changing the not-to-exceed figure from $698,000 to $735,700. 2. Except as specifically amended herein, the Original Agreement remains in full force and effect. CITY OF IOWA CITY Attest: City Attorney's Office eleanor/agt/neumann ,doc NEUMANN MONSON P.C. By: "~',,, .~~ Title: Principal Date: Prepared by: Rick Fosse, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. 99-222 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 HOWARD R. GREEN COMPANY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE MORMON TREK BOULEVARD IMPROVEMENTS. WHEREAS, the City of Iowa City desires to improve and expand the City's street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the reconstruction of Mormon Trek Boulevard from Highway 1 to Abbey Lane will enhance traffic flow in West Iowa City; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Mormon Trek Boulevard Improvements all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 29 th day of June ,1999. Resolution No. 99-222 Page 2 ATTEST:C~ ~- City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: and seconded by AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O' Donnell Thornberry Vanderhoef O' Donnel 1 the Resolution be pweng\res\mormdesi .doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ~ d, ~ day of 3~L_ ,1999, by and between the City of Iowa City, a municipal corporation, hereina~er referred to as the City and Howard R. Green Company, hereinafter referred to as the Consultant. WHEREAS, the City desires to secure the services of the Consultant to provide engineering services related to the proposed improvement of Mormon Trek Boulevard from and including the intersection of Highway 1 to the intersection of Abbey Lane, and; WHEREAS, the proposed improvements to Mormon Trek Boulevard includes grading, drainage and paving improvements, as well as traffic signal modifications, and; WHEREAS, the Consultant is willing to perform such engineering work in accordance with the terms hereina~er provided and does represent that it is in compliance with Iowa statutes relating to the registration of Professional Engineers, and; NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. 1. GENERAL A. Work under this Agreement shall at all times be subject to the general direction of the City and shall be subject to the approval of the City. B. From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the City to discuss details of the project and progress of the work. The Consultant shall prepare and present such information as may be pertinent and necessary or as may be requested by the City, to enable the City to pass critical judgement on the features and progress of the work. The Consultant shall make such changes, amendments or revisions in the detail of the work as may be required by the City. C. At the request of the City, the Consultant shall furnish sufficient prints of design plans or other data in such detail as may be required, for the purposes of review of details and for field check inspections. D. Obligations of the City to the Consultant - All existing information, including traffic, aerial topographic mapping, right-of-way information, soil exploration, utility locations, previous plans and studies, etc. applicable to the project will be made available to the Consultant without cost. E. Compliance with all of the foregoing shall be considered to be within the purview of this Agreement and shall not constitute a basis for additional or extra compensation. 2. SCOPE OF SERVICES The work to be performed by the Consultant under this Agreement shall encompass and include -1- all detail work, services, materials, equipment and supplies necessary to prepare and deliver contract documents for the project. For the purpose of contract management the work is divided into: Phase I - Preliminary Design and Plan Preparation, Phase II - Final Plans and Specifications, Phase III- Letting Services. PHASE I. PRELIMINARY DESIGN AND PLAN PREPARATION The work tasks to be performed by the Consultant under Phase I, Preliminary Design, shall consist of the following tasks: Task 1. Pre-Design Meeting This task consists or the preparation of display materials and hand out information, attendance at the neighborhood pre-design meeting and reviewing the results of the pre-design meeting with the City of Iowa City, and others. For budget purposes, it is assumed that three (3) staff members of the Consultant will attend the neighborhood pre-design meeting. Task 2. Supplemental Survey and Research This task consists of conducting field surveys to obtain topographic data, ground elevations and cross sections required for the development of the project and to supplement the existing mapping available from the City. This task also consists of incorporating the topographic features, profiles and cross sections into the base mapping of the project. This also includes verification of the existing topographic mapping. The task includes contacting the various utility companies and collecting available information on underground utility locations and incorporating such available utility information into the base mapping of the project. Utilities to be researched include sanitary sewer, storm sewer, electric, gas, water, telephone, cablevision, and fiber optics. The task also consists of researching City, County and State records to establish locations of property lines, right-of-way lines, and property ownership for the properties affected by the project and incorporate this data into the base mapping of the project. Task 3. Preliminary Title and General Information Sheets (A Sheets) This task consists of assembling the preliminary title and general information sheets. The preliminary title sheets will include the following: Index of Sheets, Legend, Location Map, Project Number and Signature blocks. Task 4. Preliminary Typical Cross Sections ('B Sheets) -2- This task consists of assembling the Typical Cross Sections to be used for the proposed improvements as well as a preliminary determination of the limits that each Typical Section will apply. The Typical Cross Sections will include but not be limited to typical sections for the proposed grading, drainage and paving improvements. Task 5. Preliminary Estimate of Quantities (C sheets) This task consists of a preliminary determination of the bid items to be included in the project, along with an estimate of quantities for each item. Task 6. Preliminary Plan and Profiles (D, E and F Sheets) This task consists of the development of preliminary plan and profile sheets that will show the existing topography along with the proposed improvements based on the survey or the office relocation centerline. Proposed Permanent and Temporary Easement limits based on the catch point lines will be shown. Included will be the necessary CADD work to show the preliminary design features for the proposed improvements, as well as preliminary cross-sections for the determination of earthwork quantities. Task 7. Reference Ties and Bench Marks (G Sheets) This task consists of assembling reference ties to the plan control points and the bench mark data used to develop the plans and to be preserved though out construction of the project. This task also includes preserving the Government Corners, which are found in the vicinity of the proposed construction. This includes referencing of existing property pins. Task 8. Preliminary Landscape Design (H Sheets) This task consists of the preliminary design of landscape features (a variety of trees) to provide a barrier between Mormon Trek Boulevard and US Highway 218. The location of this landscaped barrier shall be on the west side of Mormon Trek Boulevard starting approximately 2,500LF north of the intersection of Highway 1, and extending approx. 2,000LF to the north from that point. This task shall consist of a surface plan and include the following: a. Locations of landscape features such as tree planting areas. b. Typical details that show the depth, materials, and method of installation to be used. The landscape design shall be prepared as separate plans and bid separately from the street improvements. Task 9. Preliminary Staging and Traffic Control (J Sheets) This task consists of developing a suitable plan for construction staging and traffic control measures -3- to be implemented during construction. The plan will include provisions for through traffic and temporary access to adjacent propedies during construction. This task will also include the development of permanent Traffic Signing and Pavement Marking plans to be placed into service following construction. Task 10. Preliminary Intersection Geometrics (L Sheets) This task consists of refining the geometric layouts and provides additional horizontal and vertical survey information needed to construct the intersections. The scale of these plan sheets will be 1 "=20. Task 11. Preliminary Storm Drainage Design (M and V Sheets) This task consists of developing a "Storm Water Management Plan" for the area surrounding the proposed improvements. This plan will inventory the existing hydrologic and hydraulic conditions and analyze the impacts the proposed improvements will have on the area wide drainage patterns. Once the impacts have been quantified alternatives will be developed to suppod the proposed improvements. Task 12. Preliminary Design of Traffic Signals (N Sheets) This task consists of the development of preliminary traffic signal plans including signal layout, major equipment and special provisions using available design standards of the City, the Iowa Depadment of Transportation, and the Manual on Uniform Traffic Control Devices (MUTCD) at the following intersection: · Mormon Trek Boulevard and Highway 1 Task 13. Preliminary Special Construction Details i'U Sheets) This task consists of the design and drafting associated with the preliminary assembly of Modified Standards and special details. Task 14. Detailed Cross Sections (W, X, Y, Z Sheets) This task consists of the design and drafting associated with the assembly of detailed cross sections to illustrate typical conditions, drainage designs, and non-typical conditions as needed for guidance during design, review and quantity estimating purposes. Task 15. Preliminary Project Manual This task consists of providing a Project Manual for the Project, including Notice of Hearing and Letting, Instruction to Bidders, Bid Forms, Bond Forms, Agreement Forms, General Conditions of the Construction Contract, Supplementary General Conditions, and Detailed Construction -4- Specifications. Task 16. Opinion of Probable Construction Cost Based on the preliminary Contract Documents, the Consultant shall prepare a preliminary Opinion of Probable Construction Cost for the Project. The Opinion of Probable Construction Cost is intended for the use of the Owner in financing the Project. Task 17. Field Exam This task consists of the preparation of materials for a field exam, participation in the field exam and reviewing results of the field exam with the City of Iowa City. For budget purposes, it is assumed that two (2) staff members of the Consultant will attend the Field Exam. Task 18. Meetings During the preliminary Contract Document Phase, the Consultant staff will attend two (2) interim meetings to review progress, assist in decision-making, and receive direction from the City. For budget purposes, it is assumed that the interim meetings will be attended by two (2) staff members of the Consultant. This task also consists of delivering preliminary plans to the utility companies and seeking comments. This also includes any meetings for obtaining Iowa DOT plan and permit approval. Task 19. Project Management The project manager for the Consultant will be responsible for monthly progress reporting and invoicing. Also, weekly coordination with the City regarding project activities, meetings and deliverables will be necessary. This task also includes development and execution of quality control plans. Such plans include scheduling of staff, review of progress, and senior review of deliverables. This task also consists of interoffice administration and coordination of the project. The task will include interoffice meetings, which will be artended by the project manager, and other technical staff, as well as general day-to-day administrative tasks. This task also includes typing of interoffice memoranda and minutes of meetings. This task consists of coordinating geotechnical services that are to be performed under a separate contract by the City. And also consists of coordinating with the utility companies on adjustment and relocation of their utilities in conjunction with the project. PHASE II. FINAL PLANS AND SPECIFICATIONS 5 Following the completion of preliminary design and plan preparation the Consultant shall subsequently proceed with final design, contract drawings, specifications, and estimates for Final Contract Documents for the proposed improvements. The work tasks to be performed by the Consultant under Phase II- Final Plans and Specifications, shall include the following: Task 1. Final Plans The Consultant shall provide the Owner with the following deliverables aS required: Final Title Sheets (A Sheets) - This item consists of finalizing the title sheet. The title sheets will include the following: Index of Sheets, Index of Standard Road Plans, Mileage Summary, Legend, Location Map, Project Number Letting Date and Design Designation. Final Typical Sections (B Sheets) - This item consists of final design and drafting of typical cross-sections to be utilized for the improvements. Final Quantities (C Sheets) - This item consists of final bid items to be included in the Project as well as a final quantity tabulations and the development of the general notes and estimate reference information. This item also includes the final design and drafting of erosion control measures to be provided on the Project. Final Plan and Profiles (D and E Sheets) - This item consists of the final design and drafting of roadway plan and profile sheets, including the detail information required for plan approvals, permitting and construction of the proposed improvements. This task also consists of the final design and drafting for the installation of new utilities and utility adjustments which can be determined from coordination with the utility companies at the time of design. Final Landscape Design (H Sheets) - This task consists of the final design of landscape features (a variety of trees) to provide a barrier between Mormon Trek Boulevard and US Highway 218. This task also consists of the final plan preparation and planting details for the landscape elements. The final design of the landscape features will be coordinated with the City and other interested padies. Final Staging and Traffic Control (J Sheets) - This item consists of final design and drafting of the construction and permanent traffic control plans. Final Geometric Staking, Jointing and Edge Profiles (L Sheets) - This item consists of the final design and drafting ofjointing details, spot elevations, and geometric layouts for all non typical -6- pavement areas. Final Design of Storm Drainage Systems (M and V Sheets) - This item consists of final design and drafting of storm sewers, storm sewer inlets, manholes, open ditches, culverts and all other storm drainage related facilities on the Project. Final Traffic Signal Design (N Sheets) - This task consists of the final design and drafting of traffic signals at the designated location. Included in this task will be the signal layout plans, wiring diagrams, major equipment, poles, signal heads, quantities, special provisions, conduit, wiring and other elements of the traffic signal installations, as necessary to accommodate the roadway design, as well as phasing and timing of traffic signals. Final Construction Details (U Sheets) - This item consists of the final design and drafting of miscellaneous details not included in the other items. Included are such items as special grading details, culvert details not included in the standard drawings, special storm sewer or manhole details not included in the standard drawings, special paving details and other required details. Final Design Cross-Sections (W, X, Y, Z Sheets) - This item consists of the final design and drafting of individual cross-sections for the project. Cross-sections will be designed and drawn at 50 foot maximum intervals, with additional cross-sections included as necessary. Cross- sections will shown the existing ground elevations as well as the final project grading, including fore slope and back slope information, special subgrade treatment, ditches, pavement replacement, and other pertinent information. Task 2. Preparation of Acquisition Plats and Legal Descriptions This task consists of performing land corner and lot surveys as needed and prepare acquisition plats and legal descriptions. Said plats and legal descriptions shall comply with requirements of the Iowa Code and shall be prepared by or under the direct supervision of a duly licensed land surveyor under the laws of the State of Iowa. Task 3. Permitting The Consultant will identify and analyze the requirements authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. It is anticipated that the following permits will be applied for: · Iowa DOT - Application to Perform Work Within State Highway Right-of-Way · Iowa DOT - Application for Approval of a Traffic Control Device Any fees for construction permits, licenses or other costs associated with permits and approvals 7 shall be the responsibility of the Owner. The Consultant shall provide technical criteria, written descriptions and design data for the City's use in filing applications for permits. The Consultant shall prepare the permit applications. Task 4. Project Manual This task consists of providing a Project Manual for the Project, including Notice of Hearing and Letting, Instruction to bidders, Bid forms, Bond Forms, Agreement Forms, General Conditions of the Construction Contract, Supplementary General Conditions, and Detailed Construction Specifications. Task 5. Opinion of Probable Construction Cost The Consultant shall prepare a preliminary Opinion of Probable Construction Cost for the Project. An updated Opinion of Probable Construction Cost shall be prepared at the time of completion of the plans and specifications. The Opinion of Probable Construction Cost is intended for the use of the Owner in financing the project. Task 5. Meetings During the final Contract Document Phase, the Consultant staff will attend one (1) interim meeting to review progress, assist in decision-making, and receive direction from the City. For budget purposes, it is assumed that two (2) staff members of the Consultant will attend the interim meetings. This also includes any meetings for obtaining final approval from the Iowa DOT. Task 6. Project Management The project manager for the Consultant will be responsible for monthly progress reporting and invoicing. Also, weekly coordination with the City regarding project activities, meetings and deliverables will be necessary. This task also includes development and execution of quality control plans. Such plans include scheduling of staff, review of progress, and senior review of deliverables. This task also consists of interoffice administration and coordination of the project. The task will include interoffice meetings, which will be attended by the project manager, and other technical staff, as well as general day-to-day administrative tasks. This task also includes typing of interoffice memoranda and minutes of meetings. PHASE III. LETTING SERVICES Task 1. Printing of Plans and Specifications This task consists of printing and handling of the Plans and Specifications. For budget purposes it is estimated that sixty-five full size (22"x34") plans sets and specifications will be duplicated and -8- assembled for distribution. This task also includes dissemination of the contract documents and maintaining a plan holders list during the bidding phase. Task 2. Notice of Project The Consultant shall assist in the preparation of the formal Notice of Hearing and Letting. Publication costs shall be borne by the Owner. The Consultant shall also prepare and disseminate an informal notice to contractors concerning the upcoming Project. Task 3. Contractor Questions and Addenda The Consultant shall be available to answer questions from contractors prior to letting and shall issue addenda as appropriate to interpret, clarify or expand the bidding documents. Task 4. Letting, Bid Tabs, and Award Recommendation The Consultant shall have a representative present when the bids and proposals are opened, shall make tabulation of bids for the Owner, shall advise the Owner on the responsiveness of the bidders, and assist the Owner in making the award of contract. After the awards are made, the Consultant shall assist in the preparation of the necessary contract documents, and arrange & conduct a preconstruction meeting with contractors, suppliers, utility companies and city staff. 3. ADDITIONAL SERVICES Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement the Consultant shall furnish or obtain from others the following services: A. Title Searches B. DOT Type Plot Plans C. Appraisals D. Appraisal reviews E. Right-of-way negotiation/acquisition services F. Relocation assistance G. Closing services H. Geotechnical Services I. Eminent domain proceedings J. Flood plain permitting K. Environmental impact statements L. Construction Administration M. Construction Observation and Materials Testing N. Construction Staking -9- O. Sensitive Areas Ordinance P. Public Hearing Display for Right-of-Way Acquisition 4. GENERAL TERMS 4.1 The Consultant shall not commit any of the following employment practices in any subcontracts. 4.1.1 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. 4.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, martial status, sexual orientation or gender identity. 4.2 Should the City terminate this Agreement, the 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 6. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. 4.3 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. 4.4 It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, and it is further agreed the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. 4.5 It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by the City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 4.6 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. 4.7 At the request of the City, the 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 the Consultant to assure attendance. 4.8 The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and an other data prepared or obtained by the 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, the Consultant shall not be liable for the City's use of such documents on other projects. -10- 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The Consultant shall furnish the services of Mr. Douglas J Ernst, P.E., and Mr. Richard L. White, P.E. to attend such meetings of the City Council and public meetings relative to this Agreement and as may be requested by the City. Either Mr. Ernst or Mr. White shall attend other meetings as requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant. Mr. Ernst will direct all Project efforts expended by the Consultant during the work, and will serve as the primary liaison with the City. Changes in the Consultanrs representatives shall be made only with the prior approval of the City. Mr. Rick Fosse will act as the City's representative with respect to the work to be performed under this Agreement. This representative of the City shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the work presented under this Agreement. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. Fees paid for securing approval of the authorities having jurisdiction over the Project will be paid by the City. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. 5. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown, assuming notice to proceed is issued by the City on or before July 1, 1999. -11 - Phase I Phase II Phase III Preliminary Design Final Plans and Specifications Bidding Services July 1999 - December 1999 January 2000 - February 2000 February 2000 If notice to proceed is given at a later date, time of completion shall be extended accordingly. 6. COMPENSATION FOR SERVICES 6.1 Method of Payment City shall pay Consultant for services rendered under Section 4 - Scope of Services the lump sum fees as follows: 1.1 PHASE I - Preliminary Design 1.2 PHASE II- Final Plans and Specifications 1.3 PHASE III - Letting Services $ 125,500.00 $ 52,500.00 $ 10,500.00 TOTAL LUMP SUM FEE $ 188.500.00 6.2 Payment Schedule 6.2.1 Consultant shall bill City monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of City's receipt of invoice. If City fails to make monthly payments due Consultant, Consultant may, after giving seven (7) days' written notice to City, suspend services under this Agreement until City has paid in full all amounts due. 6.2.2. Consultant shall provide working drawings and other documentation deemed necessary to the City at meetings held periodically during the design phase and reach mutual agreement that work has been performed in accordance with the attached payment schedule. 7. MISCELLANEOUS 7.1 Insurance Requirements 7.1.1 Certificate of Insurance, Cancellation or Modification 7.1.1.1 Before commencing work, the Consultant shall submit to the City, for approval, a Certificate of Insurance meeting the requirements specified herein, to be in effect for the full contract period. 7.1.1.2 The Consultant shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or -12- 7.1.2 7.3 7.4 7.1.1.3 policies. Cancellation or modification of said policy or policies shall be considered just cause of the City of Iowa City to immediately cancel the Agreement and/or to halt work on the project, and to withhold payment for any work performed on the contract. Minimum Coverage 7.1.2.1. Any policies of insurance purchased by the COnsultant to satisfy its responsibilities under this Agreement shall include contractual liability coverage, and shall be in the following type and minimum amounts: i. Comprehensive General Liability (1) Bodily Injury (2) Property Damage ii. Motor Vehicle Liability and Property Damage Insurance (1) Bodily Injury (2) Property Damage Each Occurrence $250,000.00 Per Person $250,000.00 Aggregate $500,000.00 $100,000.00 Per Accident $500,000.00 $100,000.00 iii. Workers' Compensation insurance as required by Chapter 85, Code of Iowa. All provisions of he Agreement shall be reconciled in accordance with generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that this is the entire Agreement, and that no other monies or considerations have been solicited. -13- FOR THE CITY OF IOWA CITY, IOWA FOR THE CONSULTANT HOWARD R. GREEN COMPANY Title: Mayor Title: Ralph J. Rus II, President Date: June 29, 1999 Date: ATTEST: ~,~z..~) ~. (;Ity Attorney's Office -14- /S DEFEATED Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 356-5140 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY TRANSIT FACILITY METHANE ABATEMENT PROJECT. WHEREAS, A & L Underground, Inc. the lowest responsible bid of , 231,177.00 project. of 0lathe, Kansas , has submitted for the construction of the above-named NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to A_ & L Underground, Incsubject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this day of , 1999. ATTEST: CITY CLERK It was moved by and upon roll call there were: MAYOR pweng\res\methane.doc and seconded by AYES: NAYS: ABSENT: Approved by 6~) Attc~ney's Office the Resolution be adopted, Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef REVISED REQUEST FOR QUALIFICATIONS PACKAGES AND BIDS METHANE ABATEMENT PROJECT PHASE 1: HORIZONTAL VAPOR EXTRACTION WELL INSTALLATION Qualifications Packages will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 18~h day of June, 1999. Qualified bidders will be announced by 12:00 Noon on the 21= day of June, 1999. Following the qualification process, Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 4:30 P.M. on the 24th day of June, 1999, or at a later date as determined by the Director of Public Works or designee, and shall be received in the City Clerk's office no later than said date and time. Sealed bids will be opened thereafter by the City Engineer or designee and thereupon be referred to the City Council of the City of Iowa City for action upon said bids at its next meeting to be held at the Council Chambers, Iowa City Civic Center, Iowa City, Iowa at 7:00 P.M. on the 29~h of June, 1999, or at such later time and place as may then be fixed. Bids sub- mitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. The Project will involve the following: The installation of horizontal vapor extraction wells (totaling approximately 1050 feet in total length) beneath the Iowa City Transit Facility using only horizontal, directional drilling technologies. All work is to be done in strict compliance with the plans and specifications prepared by Tetracon, of Rock Island, Illinois. which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Because the work is eighty (80) percent Federally funded, compliance with FTA requirements is mandatory. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract AF-1 documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to ' be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 99-223 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH MICHAEL S., CHRISTINE M., MARC B. AND MONICA B. MOEN FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF CLINTON STREET IN IOWA CITY, IOWA. WHEREAS, Michael S., Christine M., Marc B. and Monica B. Moen are the fee owners of certain real estate located at 212 S. Clinton Street, Iowa City, Iowa; and WHEREAS, Owners have experienced the loss of the building at 212 S. Clinton Street due to a fire on the property; and WHEREAS, Owners will be undertaking the construction of a new building on their property located at 212 S. Clinton Street; and WHEREAS, Owners' construction will take place on their property along the east edge of Clinton Street, and Owners wish to facilitate the safe execution of said construction and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, Owners have requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 212 S. Clinton Street on the east side of Clinton Street between the College Street Pedestrian Mall and Burlington Street and the alley adjacent to and south of 212 S. Clinton Street between Clinton Street and Dubuque Street to ensure the safety of passing pedestrian traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed request and finds the temporary use of a portion of the Clinton Street and adjacent alley right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests; and WHEREAS, an agreement for the temporary closure and use of the Clinton Street and adjacent alley public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to Owners' property along the east edge of Clinton Street and the alley adjacent to and south of 212 S. Clinton Street in Iowa City, Iowa in order to assure a safe construction site for the construction of a building, and thereby ensure public safety. Such temporary right-of-way use shall take effect beginning June 16, 1999 and end upon substantial completion of the construction, but no later than December 31,2000. Resolution No. Page 2 99-223 The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners' expense. Passed and approved this 29th day of June ,1999. Ap ed by CiW A~orney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef pweng/res/dinton2.doc JUN-18-1999 FRI 04:12 PM HMP FR× NO, 319 354 0559 P. 02 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND MICHAEL S., CHRISTINE M., MARC B. AND MONICA B. MOEN FOR A PORTION OF THE CLINTON STREET RIGHT-OF-WAY IN iOWA CITY, IOWA This Agreement is made by and between Michael S., Chdstine M., Marc B. and Monica B. Moen, hereinarter also referred to as "Owners'", and the City of Iowa City, Iowa,' a municipal Corporation, heroinafter referred to as "City." WHEREAS, Michael S., Christine M., Marc B. and Monica B. Moen are the fee owners of cedain real estate located at 2t 2 S. Clinton Street, Iowa City, Iowa; and WHEREAS, Owners have experienced the loss of the building at 212 S. Clinton Street due to a fire on the properly; and WHEREAS, Owners will be undertaking the construction of a new building on their property located at 212 S. Clinton Street; and WFIEREAS, Owners' construction will take place on their property along the east edge of Clinton Street, and Owners wish to facilitate the safe execution of said construction and to secure passing pedestrian traffic from the area of falling debds to assure safe passage of such traffic; and WHEREAS, Owners have requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 212 S. Clinton Street on the east side of Clinton Street between the College Street Pedestrian Mall and Burling~con Street and the alley adjacent to and south of 212 S. Clinton Street between Clinton Street and Dubuque Street to ensure the safety of passing pedestrian traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care. supervision. and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed request and finds the temporary use of a portion of the Clinton Street and adjacent alley right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests; and WHEREAS, an agreement for the temporary closure and use of the Clinton Street and adjacent alley public fight-of-way containing certain conditions has been negotiated. NOW. THEREFORE, in mutual consideration o1' the promises heroin, Owners and the City of Iowa City agree as follows: Owners are the fee owners of certain real estate located at 212 S. Clinton Street, Iowa City, Iowa. and Owners have experienced the loss of the building at 212 S. Clinton Street duo to a fire on the property, Further, Owners will be undertaking the construction of a new building located at 212 S. Clinton Street, In order to facilitate the safe execution of said .construction, and to secure passing pedestrian traffic from the area of falling debris, Owner has requesl;ed the City permit the temporary use of a portion of the Clinton Street right-of-way between the College Street Pedestrian Mall and Burlington Street and the alley adjacent to and south of JUN-18-1999 FRI 04:12 PH HMP FAX NO. 319 354 0559 P. 03 2 212 S. Clinton Street between Clinton Street and Dubuque Street. In consideration of the City's permission heroin to temporarily close a portion of the City sidewalk along the east side of Clinton Street and an alley adjacent to and south of 212 S. Clinton Street d.uring the construction of the building, Owners agree to secure their construction site against pedestrian and public traffic by constructing a six foot covered pedestrian walkway adjacent to the east curb as detailed in Attachment "A", by providing adequate traffic control, by providing adequate signage, and by fencing all open excavation while the contractor is not working. thereby ensuring public safety and a safe construction site. In consideration for Owners' promises heroin, the City agrees to allow Owners to temporarily use a portion of the right-of-way along the east side of Clinton Street and to temporarily close a City sidewalk and an alley adjacent to and south of 212 S. Clinton Street as detailed in Attachment "A", 4. Owners agree to provide, keep in place, and maintain in good working condition cedain signage necessary to: a) route pedestrians. b) provide advance warning. c) provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Unifarm Traffic Control Devices. Owners agree to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents. employees and assigns adsing out of Owners' use of the public dght- of-way under this agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owners to temporarily close a portion of a sidewalk along the east side of Clinton Street adjacent to 212 S. Clinton Street and to close an alley adjacent to and south of 212 S. Clinton Street, all as described herein. Owners further agree to carry Class II liability insurance in the amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included, Owners shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. o After Owners' construction Is complete, Owners agree to restore any and all portions of the east Grinton Street right-of-way, and any and all podions of the adjacent alley to their pro-construction condition, to the City's complete satisfaction. With respect to this agreement for use of public right-of-way and the temporap/closure of a portion of the Clinton Street sidewalk and adjacent alley, City and Owners agree this agreement shall be in effect beginning June 16, 1999, and ending upon substantial completion of the work, but no later than December 31,2000. Notwithstanding the above, Owners agree to cease and desist its temporary use and closure of the public right-of-way and to remove any and all obstructions from said right-of-way when any one of the following events occurs: a. A breach of this agreement; b. The use of the property changes and/or the temporary use of the public right-of-way is no JUN-18-1999 F~I 04:1~ PH FAX NO. 319 354 0559 3 longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City given written notice of removal to Owners. If Owners fail to remove any obstructions, barricades or signage from the public right-of- way as required in this paragraph or in paragraph 6 above, the City may remove the walkway, obstructions, barricade or signage, and the cost thereof shall be billed to Owners for payment to City. Upon Owners' failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1995). Owners acknowledge and agree that no property dght is conferred by this grant of permission to use the public right-of-way; that the City ts not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraphs six (6) and seven (7), that the City may order the said temporary use terminated at any time if, for any reason, the City Coundl determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by State law, 9. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. Dated this ~ '*'~ _ day of '~n-,, .. ,1999. CITY OF IOWA CITY, IOWA Ernest W. Lehman, Ma r OWNERS Michael S. Moen P. 04 Attest: ~ K. Karr, ~/' City Clerk Approved by: City Attorney's Office Chdstine M. Moen Marc !~. Moon Monica B. Moen EUEREN SECURITIES 3 ionget needed or appropriate, as determined by the City; 5152827813 P.03/06 c. Within thirty (30) calendar days after the City given written not;ca of removal to Owners. If Owners fail to remove any obstructions. barricades or signage from Ihe publlc right-of- way as required In this p~ragraph or in paragraph 6 above, the City may remove the walkway, obstructions, barricade or signage, and the cost thereof shelf be billed to Owners for payment to City. Upon Owners' failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1995). Owners acknowledge and agree that no property right is conferred by this gmnl of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraphs six (6) and seven (7), that the City may order the said temporary use terminated at any time if, for any reason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by State law. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall Inure to the benefit of the respective he~rs, successors in interest, and assigns of both parties. Dated this ,~q ~ day of 'J"~,~e__ ,1999. CITY OF IOWA CITY, IOWA OWNERS Marian K. I/arT, City Clerk Approved by: City Attomey's Office Chdstine M. Moan M~rc 's. Moen By Monir..a B. Moan 3t9 ::~>40559 9~ P,B4 JUN-18-1999 FRI 04:13 PH HHP FRX NO. 319 354 0559 P. 05 4 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this o~? cA day of 'T,-~n-~ 19 e? before me, -%~,narr,~L ~r~--F , a Notary Public in and f~r the State of Iowa, personally appeared Ernest W, Lehman and Madan K. Kerr, 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 cou,n il, as contained in Resolution No. c/q_ 393 passed by the City Council, on the ~P9 day of ~"'~q~ , 19 9~' , and that Ernest W. Lehman and Madan K. 'Kerr 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 ....., ' · m1 STATE OF ) ) ss: ) On this day of , 19__, before me, the undersigned, a Notary Public in' and for said CountY;, in said State, personally appeared Michael S. Moen, 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 voluntary act and deed. N in and for the State of Iowa My comrnission expires: EUEREN SECURITIES 4 5152827813 P.O4/OG STATE OF IOWA ) ) JOHNSON COUNTY ) On this 3q~' day of .J'~'~c,~._ qq , before me, S.=,n~L.-,~..~' For4'- . a N~tary P~l~ll;19n and for the State of Iowa. personally appeared Ernest W. Lehman and Madan K. Kerr. to me personally known. and, who, being by me duly swom, did say that they are the Mayor and City Clerk. respectively, of the City of Iowa City, Iowa; that the seal aff'mxed 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 Cou+ncit as contained In Resolutlon No. q~---- J93 passed by the City Council, on the Jq . _ day of . '3"~,~.¢ .19.j~,? , and that Ernest W. Lehman and Madan K. Kerr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation. by it volunt.,r[ly executed. Notary Public in and for the Sf=te of Iowa ) SS: ) is bl '~;~'~ ~ , lg_..CL(3j., before me, the unde~ifln~. a taw Pu ' 'n and for said Goun~. in id State. p.~onally appeared Mi~ael S. Moen. to me known to be the identical per~n named in and ~o executed the within and foregoin9 instrument, and acknowledged that he exeouted the same as his volun~ act and d~d. My commission expires: ZUN-~8-;999 ~6:1G 319 354 9559 .. P.e5 JUN-18-1999 FRI 04:13 PM HMP F~X NO. 319 354 0559 P. 06 STATE OF .) ) ss: ) On this day of ., 19 , before me, the undersigned, a Notary Public in'and for said County, in said State, personally appeared Christine M. Moen, 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. Not~n a~ow~a My commission expires: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~:,~rcJ. day of o~rD~n~y,~ns , 19 c~ , before me, the undersigned, a Notary Public in arid for said C ;~id State, personally appeared Marc B. Moan, 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 voluntary act and deed. My commission expires: ....... no C, 2000 · EUEREN SECURITIES 5152827813 P.05/06 ) SS: ) known 1o be the identical person named in and who executed the within and foregoin9 instrument, and acknowledged that she executed the same es her voTuntary act and deed. My commission expires: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,19.___, before me, the undersigned, a Notary Public in and for said County, In sald State, personally appeared Marc B. Moen, to me known to be the identical person named in and who executed the w~thln and foregoing instrument, and acknowledged hat he executed the same as his voluntary act and deed. Notary Public in and for the State My commission expires: JUN-18-1999 FRI 04:13 PM HMP F~× NO. 319 354 0559 P, 07 6 STATE OF. ~JcP. a/c- ) ) SS: On this./~ day of J L)r~ e-_. , 19 7 f~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Monica B. Moon, to me known to be the identical person named in and who executed the within end foregoing instrumont, and acknowledged that he executed the same as his voluntary act and deed. %ttt I I I I I I I I #### n and for the State of Iowa 'A, ~ '='*'=' ~ ~ My commission expires: '%;,~"'........."' / / /~/ ?~ ~ ",;,;~ o~ ~o~ .. pJ ~< I oc! · · , · Z - % !//,'1///r//f/f///., ' : : ' ! · i AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND MICHAEL S., CHRISTINE M., MARC B. AND MONICA B. MOEN FOR A PORTION OF THE CLINTON STREET RIGHT-OF-WAY IN IOWA CITY, IOWA This Ac hereinafter hereina~er ~t is made by and between Michael S., Christine M., to as "Owners", and the City of Iowa City, ,d to as "City." B. and Monica B. Moen, a municipal Corporation, WHEREAS, S., Christine M., Marc B. and Monica B. real estate located S. Clinton Street, Iowa City, Iowa; are the fee ownera of certain WHEREAS, Owners fire on the property; and experienced the loss of the ing at 212 S. Clinton Street due to a WHEREAS, Owners will located at 212 S. Clinton undertaking the and of a new building on their property WHEREAS, Ownera' Street, and Owners wish pedestrian traffic from the area will take place the safe ~g debris their property along the east edge of Clinton of said construction and to secure passing assure safe passage of such traffic; and WHEREAS, Ownera have requested sidewalk adjacent to 212 S. Clinton Street Pedestrian Mall and Burlington Street between Clinton Street and Dubu traffic; and permit the temporary closure of a portion of the the east side of Clinton Street between the College and the alley adjacent to and south of 212 S. Clinton Street to ensure the safety of passing pedestrian WHEREAS, the City of Iowa City, public right-of-way; and for the care, supervision, and control of WHEREAS, the Department of c Works the proposed request and finds the temporary use of a portion of the Street d adjacent alley right-of-way for safety and construction activities to be a intrusion public right-of-way, that pedestrian and vehicular traffic will not be materi. impeded, and such closure will ensure safe passage of traffic in the area and is thus in City's best interests: WHEREAS, an agreement for Le temporary closure use of the Clinton Street and adjacent alley public right-of-way contai! certain conditions has negotiated. NOW, THEREFORE, in City agree as follows: I consideration of the promi,, herein, Owners and the City of Iowa Owners am the fee em of certain real estate located at 212 S. Clinton Street, Iowa City, Iowa, and Owners have experienced the loss of the building at 212 S. Clinton Street due to a fire on the property. Further, Owners will be undertaking the construction of a new building located at 212 S. Clinton Street. In order to facilitate the safe execution of said construction, and to secure passing pedestrian traffic from the area of falling debris, Owner has requested the City permit the temporary use of a portion of the Clinton Street right-of-way between the College Street Pedestrian Mall and Burlington Street and the alley adjacent to and south of o 2 212 S. Clinton Street between Clinton Street and Dubuque Street. In consideration of the City's permission herein to temporarily close a podion of the City sidewalk along the east side of Clinton Street and an alley adjacent to and south of 212 S. Clinton Street dudng the construction of the building, Owners agree to secure their construction site against pedestrian and public traffic by constructing a six foot covered pedestrian walkway adjacent to the east curb as detailed in Attachment "A", by providing adequate traffic control, by providing adequate signage, and by fencing all open excavation while the contractor is not working, thereby ensuring public safety and a safe construction site. In co for Owners' promises herein, the City agrees to allow Owners to temporarily use a of the right-of-way along the east side of Clinton Street "d to temporarily close Ownera agree :o rovide, keep in pla~, and maintain in od working ~ndition ~ain t All signage shall be in Uniform Traffic Control Devices. Federal Highway Administration Manual on 5. Owners agree to indemnify, defend and ~e City harmless against any and all claims for bodily injury, death or property damage ,ut of its actions and those of its contractors, subcontractors, agents, employees and 'sing out of Owners' use of the public right- of-way under this agreement, spec fi including ny and all claims and/or liabilities which may be alleged against the City as a e.' :of its deci ' n to allow Owners to temporarily close a portion of a sidewalk along the e t side of Clinton eet adjacent to 212 S. Clinton Street and to close an alley adjacent to nd south of 212 S. C ton Street, all as described herein. Owners further agree to carry ass II liability insurance ' the amounts of $500,000 each occurrence, $1 million aggrega bodily injury, and $250,000 ggregate property damage with contractual liability coverage i luded. Owners shall furt'!~er fu 'sh a certificate of insurance of said valid insurance coverag , which certificate must be satisfac ry to the City. 6. After O.wners' constru.ctio is complete, Owners agree to. restore y an.d all portions of th.e ti ti it re a fo.r use of public.dgh f-way an.d the temporary closure o.f a portion of the Clinto. n Street than December 31, ~. Notwithstanding the above, Owners agree to cease and desist its temporary use and closure of the public right-d-way and to remove any and all obstructions from said right-of-way when any one of the follow~j events occurs: a. A breach of this agreement; b. The use of the property changes and/or the temporary use of the public right-of-way is no 3 longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City given written notice of removal to Owners. , If Owners fail to remove any obstructions, barricades or signage from the public right-of- way as required in this paragraph or in paragraph 6 above, the City may remove the walkway, obstructions, barricade or signage, and the cost thereof shall be billed to Owners fOr certified Code (1 to City. Upon Owners' failure to pay said billing, the removal costs shall be Johnson County as a statutory lien and assessed against the property and n the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa ~). Owners to use the public right-of-way for the City may Council and all obstructions, and agree that :no property right is conferred by this grant of permission ht-of-way; that the City is not empowered to grant a permanent use of its purposes; and, notwithstanding paragraphs six (9) and seven (7), that the said temporary use terminated at any time if, any reason, the City the property is needed for a public use be cleared of any This Agreement shall and shall inure to the both parties. provided by State law. ,nstitute a covenant running with of the respective heirs, and shall be binding upon in interest, and assigns of Dated this of ,1999. CITY OF IOWA CITY, IOWA By Ernest W. Lehman, Mayor By Michael S. Moen Attest: Madan K. Karr, City Clerk Approved by: City Attorney's Office By Christine M. Moen B. Moen By Monica Moen 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 19 before me, , a Notary Public 'in and f'or the State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to/me personally known, and, who, being by me duly sworn, did say that they are the Mayor and ~ty Clerk, respectively, of the City of Iowa City, corporation, and authority of its City Council, on the Lehman and Marian act and deed and the vc that the seal affixed to the foregoing instrulis the corporate seal of the ~t the instrument was signed and sealed behalf of the corporation, by as contained in Resolution No. passed by the City day of , 19 , and that Ernest W. acknowledged the execution the instrument to be their voluntary f act and deed of the corpor by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF ) ) ss: ) On this day of , 19 before me, the undersigned, a Notary Public in and for said __ in said State, personally Michael S. Moen, to me known to be the identical pe on named in and who executed and foregoing instrument, and acknowledged that cured the My commission expires: same as his voluntary act ld deed. Notary Public in and for the State of Iowa 5 STATE OF ) ) ss: ) On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Christine M. Moen, 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 Public in ,/~nd for the State of Iowa / My ·· commlsexpires: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 19 , before me, the undersigned, a Notary Public in and for said ounty, in said State rsonally appeared Marc B. Moen, to me known to be the identical pers n named in and who i tec the within and foregoing instrument, and acknowledged that he ex cured the same as his ~ y act and deed. ' Notary Public in a~C for the State of Iowa My commission exp STATE OF ) ) ss: ) 6 On this day of , 19 .... before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Monica B. Moen, to me known to be the identical person named in and who executed the within and foregoing instrument, ackno e and same as his voluntary act and deed. Notary. Public in and for the State of Iowa My'&ommission expires: // pwen~/agt/clinton2,doc / McComas-Lacina Construction General Contractors June 24, 19999 Kim Johnson Public Works City of Iowa City 411 East Washington Street Iowa City, IA 52240 Re: 212 South Clinton Street Dear Kim: I understand there is some question as to why we would need to close the alley. To rebuild, we need to build a newfoundation on the alley line. This necessitates an overdig to allow for this construction. After the foundation is complete and the area is backfilled, we still need room to construct the exterior wall in a safe manner. This is a very tight. work site.' We will require space to stage our work and receive equipment and material during the course of. the project. This will also minimize disruption along Clinton 8~eet from deliveries. We are willing' to work with you and the 'Public Works Department to minimize · inconvenience to the public, yet make it a safe environment for all. If you have further concerns, please call. Sincerely, McCo~~~ Cc Marc Moen 1310 Highland Court Iowa City,· Iowa 52240 Telephone: (319) 338-1125 F, AX: (319) 338-5964 June 28, 1999 Worldwide Fiber Networks, Inc. 133 W. 120Ih Ave., Suite 216 Westminster, CO 80234 Atten.: Mr. Pat Summers FILE COPY Re: License Agreement between City of Iowa City & Worldwide Networks, Inc. Dear Mr. Summers: I am in receipt of the above-referenced license agreement, with your company president's signature. However, the "Network Acknowledgement" section, page 7, was not executed. Rather than return the entire document, I enclose two originals of page 7, and request that the Network Ac'knowledgement provision be properly executed. This agreement will still be presented for Council approval on Tuesday, June 29, 1999, but before it can be formally acknowledged and filed, we need to have a fully executed agreement. Upon receipt, I will forward one fully executed original to you. The agreement provides that it shall be recorded in the Jotmson County Recorder's Office at Network expense. If you have any questions, do not hesitate to call me. Sincerely, Andrew P. Matthews Assistant City Attorney CC: Brad Krabel Vice President Construction Resources, Inc. 42 W. Medinah Circle, Unit 101 Glendale Heights, IL 60139 (w/o encl.) 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (3191 356-5000 · FAX (3191 356-5009 06-29-99 17 Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 99-224 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH RINELLA BUILDING PARTNERSHIP FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY FOR A PORTION OF DUBUQUE STREET IN IOWA CITY, IOWA. WHEREAS, Rinella Building Partnership is the owner of certain real estate located at 7 S. Dubuque Street, Iowa City, Iowa; and WHEREAS, Rinella Building Partnership, hereafter the "Owner' desires to renovate the exterior wall of a building located at 7 S. Dubuque Street; and WHEREAS, renovation work will take place on property along the west edge of Dubuque Street addressed 7 S. Dubuque Street, and Owner wishes to facilitate the safe execution of said renovation and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, Owner has requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 7 S. Dubuque Street on the west side of Dubuque Street between Washington Street and Iowa Avenue to ensure the safety of passing pedestrian traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed request and finds the temporary use of a portion of the Dubuque Street right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests; and WHEREAS, an agreement for the temporary closure and use of the Dubuque Street public right-of-way containing certain conditions has been negotiated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is in the public interest to temporarily close a portion of a City sidewalk adjacent to Owner's property along the west edge of Dubuque Street adjacent to 7 S. Dubuque Street in Iowa City, Iowa in order to assure the safe renovation of a building at 7 S. Dubuque Street, and thereby ensure public safety. Such temporary right-of-way use shall take effect beginning July 1, 1999 and end upon substantial completion of the construction, but no later than August 23, 1999. The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated by reference herein is hereby approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorders Office, at Owner's expense. Resolution No. 99-224 Page 2 Passed and approved this 29th ATTEST:Ci//~L'~'~i.~') .~' day of June ,1999. City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Nodon O'Donnell Thornberry Vanderhoef ABSTAIN: X pweng/res/dnella.doc AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND RINELLA BUILDING PARTNERSHIP FOR A PORTION OF THE DUBUQUE STREET RIGHT-OF-WAY IN IOWA CITY, IOWA This Agreement is made by and between Rinella Building Partnership, hereina~er also referred to as "Owner", and the City of Iowa City, Iowa, a municipal Corporation, hereinafter referred to as WHEREAS, Rinella Building Partnership is the owner of certain real estate located at 7 S. Dubuque Street, Iowa City, Iowa; and WHEREAS, renovation will take place on property along the west edge of Clinton Street, addressed 7 S. Dubuque Street and Owner wishes to facilitate the safe execution of said renovation and to secure passing pedestrian traffic from the area of falling debris to assure safe passage of such traffic; and WHEREAS, Owner has requested the City to permit the temporary closure of a portion of the sidewalk adjacent to 7 S. Dubuque Street on the west side of Dubuque Street between Washington Street and Iowa Avenue and to ensure the safety of passing pedestrian traffic; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works has reviewed the proposed request and finds the temporary use of a portion of the Dubuque Street right-of-way for safety and construction activities to be a minimal intrusion into the public right-of-way, that pedestrian and vehicular traffic will not be materially impeded, and that such closure will ensure safe passage of traffic in the area and is thus in the City's best interests; and NOW, THEREFORE, in mutual consideration of the promises herein, Owner and the City of Iowa City agree as follows: Owner is the fee owner of certain real estate located at 7 S. Dubuque Street, Iowa City, Iowa, and Owner desires to renovate the exterior wall of the building located on the property. In order to facilitate the safe execution of said renovation, and to secure passing pedestrian traffic from the area of falling debris, Owner has requested the City permit the temporary use of a portion of the Dubuque Street right-of-way between Washington Street and Iowa Avenue. In consideration of the City's permission herein to temporarily close a portion of the City sidewalk along the west side of Dubuque Street adjacent to 7 S. Dubuque Street during the renovation of the building, Owner agrees to secure construction site against pedestrian and public traffic by constructing a five foot covered pedestrian walkway adjacent to the building as detailed in Attachments "A" and "B", by providing adequate traffic control, by providing adequate signage, and by fencing all open excavation while the contractor is not working, thereby ensuring public safety and a safe construction site. In consideration for Owner's promises herein, the City agrees to allow Owner to temporarily use a portion of the right-of-way along the west side of Dubuque Street and to temporarily close a portion of City sidewalk adjacent to 7 S. Dubuque Street as detailed in Attachment s "A" and "B". Owner agrees to provide, keep in place, and maintain in good working condition certain signage necessary to: a) route pedestrians. b) provide advance waming. c) provide for the ordedy and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of Owner's use of the public right- of-way under this agreement, specifically including any and all claims and/or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close a portion of a sidewalk along the west side of Dubuque Street adjacent to 7 S. Dubuque Street, all as described herein. Owner further agrees to carry Class II liability insurance in the/~----"' amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Owner shall further furnish a certificate of insurance of said valid insurance coverage, which certificate must be satisfactory to the City. After construction is complete, Owner agrees to restore any and all portions of the west Dubuque Street right-of-way to its pre-construction condition, to the City's complete satisfaction. With respect to this agreement for use of public right-of-way and the temporary closure of a portion of the Dubuque Street sidewalk, City and Owner agrees this agreement shall be in effect beginning July 1, 1999, and ending upon substantial completion of the work, but no later than August 23, 1999. Notwithstanding the above, Owner agrees to cease and desist its temporary use and closure of the public right-of-way and to remove any and all obstructions from said right-of-way when any one of the following events occurs: a. A breach of this agreement; b. The use of the property changes and/or the temporary use of the public right-of-way is no longer needed or appropriate, as determined by the City; c. Within thirty (30) calendar days after the City gives written notice of removal to Owner. If Owner fails to remove any obstructions, barricades or signage from the public right-of- way as required in this paragraph or in paragraph 6 above, the City may remove the walkway, obstructions, barricade or signage, and the cost thereof shall be billed to Owner for payment to City. Upon Owners failure to pay said billing, the removal costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (1995). Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way; that the City is not empowered to grant a permanent use of its right-of-way for private purposes; and, notwithstanding paragraphs six (6) and seven (7), that 3 the City may order the said temporary use terminated at any time if, for any roason, the City Council determines that the property is needed for a public use and should be cleared of any and all obstructions, as provided by State law. 9. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. CITY OF IOWA CITY, IOWA ~:"~ .~R~INELLA BUILDING PARTNERSHIP Attest: I~rr, City Clerk City Attorney's Office 4 STATE OF~ ) ~s A^ ~'te~ ('~""~'~'I)SS.- -JOH;'2~ON COUNTY ) On this '~-n ~.. day of , a Nota~ Public in and for th'e State of ~, C ~ personally appeared Emest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. passed by the City Council, on the day of , 19 , and that Ernest W. Lehman 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 ) JOHNSON COUNTY ) On this __ day of , 1999, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is one of the partners of Rinella Building Partnership, an Iowa General/Limited 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 the State of Iowa My commission expires: pweng/agt/dnella.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California cou.ty of s On "1 ) 'Z, 1 C) c~ , before me, D te personally appeared ~--A__ ~-'~ 5 Name and RUe of Officer (e.g, "Jane Doe, Notary Public") Name(s) of Signer(s) 'E3 p~rsonally k. luwf~ I.u me' E~ proved to me on the basis of satisfactory evidence Place Notary Seat Above to be the person(~,) whose name(s) is/are subscribed to the within instrument and acknowledged to me that .e~e/she/tt~-~y executed the same in hi.s/her/their authorized capacity(i~-), and that by b, is/her/tl%=~ir signature(~r,0 on the instrument the person(~), or the entity upon behalf of which the person(~) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document' ~ ,~~ '~'t3'r' 'T~,-~r-lrr,,vr-1 L)~( Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner -- [] Limited [] General ~ Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: © 1997 National Nolary Association · 9350 De Soto Ave, P.O. Box 2402 · Chatsworlh, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876..6827 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this j¢ day of J"'~n~ 19 ~'~ before me, ,S',~r~ ~ ~r+' , a Nota~ Publi'c in and for th'e State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly swom, did say that they are the Mayor and CiW Clerk, respectively, of the CiW of Iowa Ci~, Iowa; that the seal affixed to the foregoing instrument is the colorate seal of the coloration, and that the inst~ment was signed and sealed on behalf. of the ~rporation, by authori~ of its Ci~ Coupcil, as contained in Resolution No. 9~-- ~ passed by the City Council, on the Y day of ~n~ , 19 qq , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their volunta~ act and deed and the volunta~ act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) JOHNSON COUNTY ) On this __ day of , 1999, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, who being by me duly sworn, did say that the person is one of the partners of Rinella Building Partnership, an Iowa General/Limited 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 the State of Iowa My commission expires: pweng/agt/dnella .doc O 6 -29 -99 18 Prepared by: Andrew Matthews, Ass't. City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-225 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WORLDWIDE FIBER NETWORKS, INC. TO USE A PORTION OF CITY STREETS RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, Worldwide Fiber Networks, Inc. desires to install a buried conduit system containing a fiber optic telecommunications cable from Davenport, Iowa to Des Moines, Iowa; and WHEREAS, Worldwide Fiber Networks, Inc. intends to utilize certain railroad rights-of-way in connection with such installation, which cross various Iowa City streets or public rights-of-way; and WHEREAS, it is in the public interest to enter into an agreement with Worldwide Fiber Networks, Inc. concerning the construction work and the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached agreement between the City of Iowa City and Worldwide Fiber Networks, Inc. to use certain streets and public rights-of-way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at Worldwide Fiber Networks, Inc.'s expense· Passed and approved this 29th day of June ,19 99 MAYOR Approved by andyVes\~bedic.doc Resolution No, 99-225 Page 2 It was moved by Thor'nbet'r'y and seconded by adopted, and upon roll call there were: AYES: NAYS: Vandet'hoef the Resolution be ABSENT: .. Champion Kul~by Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Andrew P. Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND WORLDWIDE FIBER NETWORKS, INC. TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. . b. "Public improvements" shall mean any improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto. c. "Public property" shall mean City-owned or controlled public rights-of-way, easements, bridges, squares and commons. d. "Network" shall mean Worldwide Fiber Networks, Inc. and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, and fiber optic cables. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a communications system in, under, upon, along and across the public property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's Regulations. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property, public utility system component, public improvement, or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days' notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice pdor to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS 'The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right-of-way shall require Network to restore and replace surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. 4 SECTION 9. POWERS OF CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 10. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as-built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities in connection with this agreement. SECTION 11. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred, or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give wdtten notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, if Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the Network fails to cure a default within the time allowed, the City shall have the right to: (i) (ii) (iii) (iv) seek specific performance; or remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or seek damages for such default; or any combination of (i), (ii) and (iii). SECTION 12. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public rights-of-way or public property to maintain insurance coverage in comprehensive form and in the amounts to be set by the City, to maintain said coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 13. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality, and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 14. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party, except either party shall have the right to assign, convey, or otherwise transfer its rights, title, interest and obligations under this agreement, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party, or any lease, sublease, indefeasible right of use, or sale or transfer of, conduit, fiber or similar facilities within Network's telecommunication system to any third party users of such facilities. In the event Network is controlled by or is under common control or merges with or is consolidated with an entity other than Network or City, Network agrees to notify City in writing of such changes in control, merger or consolidation. SECTION 15. VACATION OF STREETS AND ALLEY So long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 16. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 If to Network: Project Manager Worldwide Fiber Networks, Inc. 1503 W. 174th St. East Hazel Crest, IL 60429 cc: President Worldwide Fiber Networks, Inc. 133 W. 120~h Ave, Suite 216 Westminster, CO. 80234 provided, however, that in case of an emergency, notices may be given verbally to the above- named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 17. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at Network expense. THIS AGREEMENT is entered into as of the 1999. 29th day of June , WORLDWIDE FIBER NETWORKS, INC. By: ~,~ Title': ,~ ~ Approved by: CITY OF IOWA CITY, IOWA Title: Mayor Attest: ~2}~x,r~~ ~. Title: City Clerk 7 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this .=p,t' ''~ day of '~',-~.~ ~: 19 9Y before me, ,%nd¢,* ~ 'E;...a- , a Notary Publi~ in and for th;~ State of Iowa, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. ~/'~- ~.,~ passed by the City Council, on the ,~'~ *" day of '3",~,,. , 19 ~'~ , and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: Network Acknowledgment STATE OF ('/7~~) COUNTY OF~E)j'.,¢..,.-,,,-~ ) ss: ) On this ~20~" day of ~ 19 ~'~', b~fore me, the undersigned, a tary Public in and fo~the State of ~-~z.-~_~t_-J~,>, personally appeared ~- , to me personally known, ',~ho, being by me duly sworn, did say ~are t 'h~~- of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the sea! affi,'xed thereto is the seal of said) id corporati by authority of its Board of Directors; and that the said ~... as such officer acknowledged the execution of said instrument ~tary act and d d of said corporation, by it and by them voluntarily executed. to be lic in and for the State My commission expires: andy~agt\woddwi3.doc EXHIBIT "A" Page i of 2 Worldwide Fiber Networks. Inc. Davenport to Des Moines Project © 1999 by Rand McNally & Company. All fights reserved. EXHIBIT "A" Page 2 of 2 PROPOSED FIBER OPTIC CABLE ROUTE Worldwide Fiber Network Inc. Davenport to Des Moines Project © 1999 by Rand McNally & Company. All rights reserved. P~pared by: Andrew P. Matthews, Asst. City Attomey, 410 E. Washington St., AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, NETWORKS, INC. TO USE PUBLIC RIGHTS-OF-WAY "',,,. OPERATION AND MAINTENANCE OF A FIBEl IA 52240; 319-356-5030 WORLDWIDE FIBER THE INSTALLATION, NETWORK. SECTION I. -'FINITIONS a, "City" II mean the City of Iowa City, officers, ~ployees and agents. where appropriate, shall include its "Public im not limited water mains, shall mean any' ~aving, sidewalks, gras,, electric transmis ~rovements on public property, including but letation, trees, street lights, traffic signals, lines and equipment related thereto. "Public property" ~all mean bridges, squares commons. or controlled public rights-of-way, easements, "Network" shall owned, operated, and shall include cables, Fiber Networks, Inc. and shall include equipment in connection with the operation of the network, rground conduits, and fiber optic cables. SECTION 2. BASIC GRANT Network is hereby granted a retain a communications s and identified in Exhibit A conditions hereinafier to in, subject to maintain, inspect, protect, repair, replace and along and across the public property shown regulatory powers of the City and subject to the SECTION 3. INSTALl REPAIR, EXTENSI( )R EXPANSION OF THE NETWORK Before commencir installation of Department of which the Public Works showing the any extension or expansion of its or any major repair work or the new system in the City, the shall file with the Public Works City a written statement verifying the lic property under which or upon proposes to extend, expand, install or ~air its system. The Director of require the statement be accompanied b map, plan or specifications location of the system components with to streets and alleys, the size dimensions of all facilities, and the distance above the surface of the ground p posed for repair or installation. If the proposed of any facilities shall - ility or other structure upon or under public property, the Director of Public Works shall a reasonable time after the filing of such plan, map or specifications, note the changes ~ary to eliminate all interference with a public improvement or existing City-owned public utility facility and 2 refer the same back to the Network for amendment. Such map, plan or spe when I of same by the Director of Public Works, a permit shall be is= authorizing the Network to proceed in accordance with the approved maps, plans or No such excavation, construction or erection shall be commenced before the of the permit herein provided for, unless it is an emergency as described in Sectio~ All work performed by Network shall be in accordance with the approved maps, plans SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of Ioc,~' n, constructio.n, reconstruction, movement of traffic, be rly barricaded to comply, in the Manual on Uniform Control Devices. properly and speedily replace( use of public property, the private property, public utility damaged by such location, Network fails to repair or arrange excavations have been made, and designated representative, then the City or repair of any system public property at any time or for and to assure the safe and efficient a minimum, with requirements set forth taken up or damaged shall be accordance with e City's Regulations. As a condition to the Irk shall, at its expense, repair or cause repair to any compo >ublic improvement, or public property re( replacement or repair work. If the the proper repair of any public property after days' notice in writing to do so given to its make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to ma property for purposes of routine system components shall obtain a permit pursuar City Ordinances obstruct the use of streets alleys or public Director with twenty-four hours notice prior to the shall comply with all City ' ' requirements and emergencies which immediate excavation, the without first applying fo obtaining the permit, provided, for and obtain the n City streets, avenues, alleys and public pair, and maintenance of wires, lines or other the Network. making such excavations, the Network Regulations, shall not unnecessarily aces, shall provide the Public Works al commencement of the work, and in performing such work. In ,rk may proceed with the work ~r, that the Network shall apply as soon as possible after commencing emergency work. Failure to Comply; s. If the Network fails to comply with ' ' ,ns of this Section, the City may or restore the public property to a condition as as the condition of the property prior to disturbance by the Network. The Network shall pay e costs of such repair or restoration. e Network shall pay to the City its costs and charges for ch work within sixty (60) days aftel of the City's billing. SECTION WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, A'L',T,,ERATION TO CONF WITH PUBLIC IMPROVEMENTS The Cit~ reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ductS';' manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network for any damages arising out of the p other partieS. Nothing in this agreement shall be construed corporations from liability for damage to the Network's facilities. SECTION 7. NE']'¥VORK CONTRACTORS The requirements o~this agreement shall apply to all work for the Network ~under a contract, subcontract type of work order. and to change any work, the City shall of such work by relieve other persons or firms or corporations performing and materials arrangement or other SECTION 8. STREET The fiber optic cable s' and other within the City shall conform located as to cause minimum property, and to cause minim, property owners who adjoin public perty. of the facilities erected by the Network grades of streets, alleys and sidewalks, and be so with other public utilities located in or upon public with the rights or reasonable convenience of The Network shall conduct its as possible with pedestrian and given by the Director of Public / The Network shall, upon re~asonable notice and relocate its facilities i.r;rE on, over or under any time require for the/purpose of repair or change in gr~'~le of any public im for the purpose of g the efficient o ,under in such manner as to cause as little interference and shall abide by scheduling directions, if any, at its sole cost and expense, remove, locate property in such manner as the City may at ,e construction, reconstruction, maintenance, on, in or about any such public property, n of any such improvement, or for the purposes of the vacation and/or redevelo ent of public right-of-way by the City. In the event the fails to act within a Ilocated time, the City may cause the Network faciliti~ to be relocated, and the costs 'hall be to the Network and shall be paid as provicl~ in Section 5 hereof. The Netw k shall not place its facilities in the public property ere the same will interfere with the nor I use or maintenance of any public improvement, incl ing but not limited to streets, alleys, idewalks, traffic control devices, sanitary sewers, storm s .wers, storm drains or water main , electrical transmission lines or any public utility facility. Up n request, the Network agrees to assist in locating underground fa 'ities which are part of its system. Such assistance will be provided in a timely manner, but not ore than forty-eight (8) hours after the time of request. As a condition of this agreement the Ne ork shall enroll as the "Iowa One-Call System" and shall respond to all requests and notifications placed to the toll-free "One-Call" number. Installation, repair, or replacement work completed by the Network or any facilit~ s requiring standard local practices for placing sod. · ...... SECTION 9. POWERS OF CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the sa~e for the installation and maintenance of utility systems, including, but not limited to, fees for '~se of public property. Any such further regulations ,shall apply to Network and to this 8 g r e e m e R t',.,,,~,%~\,.. SECTION 10. PLA S AND COORDINATION 'c i '~..~. /,,,l The Ne~ork shall keep c~plete and accgrate maps and records of the loftions and operations of its facilities in connection with this agreement. SECTION 11. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred, or that a violation of codes or ordinances lawfully regulating the Network in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default"), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, if Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure..' If the Network fails to cure a default within the time allowed, the City shall have the right to: (i) (ii) (iii) (iv) seek specific performance; or remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or seek damages for such default; or any combination of (i), (ii) and (iii). SECTION 12. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to indemnify, defend and save the C and its officers, agents and employees, harmless\fi:pm any and all damages arising from the exercise of the rights for the Network i t to maintain insurance coverage in comprehensive form and",i,n the amounts to be set b to maintain said coverage during the term of their work ai'~d to provide the City of insurance satisfactory to City. "'-.. ,-\ \ \ SECTION 13. SEVERABILITY \ In the event a court of competent jurisdi~bn ~all adjudge any provision or provisions hereof invalid or illegal, or direct a change by the in any matter or thing herein contained, such invalidity, illegality or change shall be severable and shall in no way affect the remaining provisions of this agreement or tl lidity or legality, and this agreement in all other respects shall continue in full force and ef~ct as ~said provision or provisions had not been so / '\ / \ SECTION 14. ASSIGNMENT .... '~,,,, Neither party shall assign or otherwise transfer this agreement~ any of its rights and interest to any firm, corporation or individual, without the prior written con nt of the other party, except either party shall have the righ't to assign, convey, or otherwise tr sfer its rights, title, interest and obligations under this agi'eement, in whole or in pa.rt, t.o any e. nt~ controlled by, controlling sublease, indefeasible r,~ht of use, or sale or transfer of, conduit, fiber or 5'iraliar ~acilities within SECTION 15. ACATION OF STREETS AND ALLEY So long as he Ne~ork exercises the rights granted to it hereunder, the City will not, ~y properly for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the Ci~'s right to require the Ne~ork to relocate its facilities as provided in Section 8 hereof. SECTION t6. DELIVERY OF NOTICES '\ Except as m~,y be expressly provided herein, any notices hereunder shall be be delivered ~via certified mail and addressed as follows, unless future: Ift~City: Public Works Director City of Iowa City Civic Center 410 E. Washington St. Iowa City, IA 52240 and shall otherwise in the If to Project Manager Worldwide Fiber 1503 W. 174th St. ast Hazel Crest, IL 133 President Fiber 120th Inc. Suite 216 80234 provided, however, that in case of an named persons. In such case, herein shall prevent other forms of deemed given on date of mailing ir is received. lency, notices may be given verbally to the above- confirmation should be provided. Nothing contained if actually received by the addressee. Notice shall be certified mail, or otherwise on the date actual notice SECTION 17. RECORDATIOP This agreement shall be expense. ~rded in the Je ~son County Recorder's Office, at Network THIS AGREEMENT 1999. into as of the day of WORLDWIDE FI[ NETWORKS, INC. CITY OF IOWA CITY, IOWA By: Title: A by: City Attorney's Office By: Title: STATE OF IOWA )~~ ) ss: JOHNSON COUNTY ) ",, On this day',, of ,,, , a Notary personally appeared Ernest W. "'.~,hman and Marian K. Karr, to being by me duly sworn, did say that they are the Mayor and City Iowa City, Iowa; that the seal affi'~ed to the foregoing corporation, and that the instrume~,t was signed and sealed authority of its City Council, as contained in (Resolution) No. Council, on the day of Lehman and Marian K. Karr acknowh act and deed and the voluntary act and , 9 before me, and for th;a State of Iowa, y known, and, who, respectively, of the City of ~t is the corporate seal of the behalf of the corporation, by passed by the City , 19 , and that Ernest W. ed the execution the instrument to be their voluntary of the cor by it voluntarily executed. Notary Public in and for the S My commission expires: / Netw k Acknc ment STATE OF ) ,~!/k COUNTY OF ~ ss: On this day of , before me, the undersigned, a Notary Public in and f the State of ' , personally appeared , to me personally known, ho, being by me duly sworn, did say that they are the of said corporation × ~g the within and foregoing he voluntary act'anZ rporatson by st and by them by the said) corporation; that said corporation by authori~ of its Board of Dir and that the said as such o~r acknowledged the ~ of said instrument to be ' ' , ' ~ executed. / / Not~ Public in and for the State of My commission expires: andy\agt\worldwi3.doc EXHIBIT "A" Page 1 of 2 E Brown SI ' ~=! E Ronalds St Z "~~\ ~st PROPOSED FIBER OPTIC 3LE ROUTE EDa~qx~tSt I c~ .~ I ; ' M~ Av  ~~ 6 E~I~ Av , ~ Av ~: ~ ~ Stev s Dr '~. Worldwide Fi~r Networks. Inc. ~ Davcn~ to Des Mo~es Project ~ 1999 by Rand McNally & Company, All righ~ r~e~ed. age o Wetnut St Km~ood p,~tmad t DSt Wayne .Av Radcl~ Av Raven St MuscatjP, e Av cennes!,St © t999 by Rand McNaHY & CompanY. At| rights reserved. 06-29-99 19 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 99-226 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND MIKE AND MARTY ENTERPRISES FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Mike and Marty Enterprises dba Quinton's Bar & Dell applied for temporary use of the public right-of-way at 21 5 E. Washington Street for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this ATTEST:CiT~CL~ERK~' IT City Attorney's Office derkVes~uintons.doc Resolution No. 99-226 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: AYES: NAYS: Kubby the Resolution be ABSENT: ,- Champion Kub,.by Lehman Norton O'Donnell Thornberry Vanderhoef LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND , IOWA CITY, IOWA This Agreement is made between Landowner Tenant and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ('"City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the staff design review committee, which recommended approval of the proposed sidewalk cafe, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: estate abutting the public right-of-way located in Iowa City, towa, at the following street address: and Landowner has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided. Applicant/Tenant /~,~1 ~. ~:~f~/~,~vt-'~. (hereafter "Applicant") occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. The city staff design review committee has reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests. Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's tempo- rary use of the public right-of-way as a sidewalk cafe in accordance with this Agree- 3 ment, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purpos- · es, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1997), and that the Applicant shall not be entitled to any compensation should the City elect to do so. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damag- es, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant 4 including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk cafe is not operating. 10. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way, as provided in §364.12, Code of Iowa (1997). In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal and temporary storage to the Applicant and/or landowner for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza or abutting right-of-way as a result of set-up or removal of the sidewalk cafe 5 furnishings or equipment and as noted in Exhibit A. 13. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. Dated this 2f '~ day of .~"~,,, ,19~_9'. CITY OF IOWA CITY, IOWA APPLICANT/TENANT M City Clerk By By APPLI CANT/LAN DOWN ER By By By Approved by: City Attorney's Office 6 APPLICANT/'I'ENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ss: JOHNSON COUNTY On this day of , 19_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/TENANT'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~z, day of J"~_ , A.D. 19 qq,, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~-~. 2;,~-~,,/i>o~o~-s and , to me personally known, who, being by me duly sworn, did say that they are the O :~ < '~,s:~l~J and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said kt.~.y P~,~ and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa "rrul ~ " ' -E~F-.-, ,' . ~ _ '7. ,~ APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~/~_k day of 3~.~,~ , A.D. 19 ?? , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and .-"'' ........ '-- , to me personally known, who, being by me duly sworn, did say that they are the ~, ~t,,~,.- and ...... -~ , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said '3'~k, f?. S,I,2~./~ and ...... as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 8 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ,~t) day of ~'~n~- , 19._~_, before me, F',-,,--~ , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman, Mayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. eli passed by the City Council on the ~,~ H- day of '3'~,,, ~_ , 19~, and that Ernest W. Lehman 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. Revised 6/99 clerk\licside ,doc Notary Public in and for the State of Iowa My commission expires: WALK. TYP. NEW G/~TE :TE' 2G.7' NEW PAP, KING METER POLE',aJ~D DOUBLE COLLAP, NEW LITTER RECEi~GLE W ASH G" GOHG~ WALK. TYP. / 7.8" /G.O' ,' N&"WP. FOU~. GOLLA NEWG WAL~. RLrlNST 35 .O' 12.3' NEW POLE C, OU City of iowa City MEMORANDUM Date: June 15, 1999 To: City Council From: Design Review Committee Re: Quinton's Sidewalk Caf~ at 215 E. Washington The City sidewalk caf~ ordinance requires that applications for a sidewalk caf~ permit be reviewed by the Design Review Committee, The Design Review Committee has reviewed the application and recommends approval of the application with the following condtions: If planter boxes are used to help delineate the enclosed area, the planter boxes should be more substantial than plastic boxes and live planrings should be used and maintained in good condition and artificial planrings should not be used. '0G-29-99 20 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356-5040 RESOLUTION NO. 99-227 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE O1~ PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND THE COTTAGE FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, The Cottage dba The Cottage applied for temporary use of the public right-of- way at 127 Iowa Avenue for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 29th day of AY~OR' ., 1 ~ City Attorney's Office derk~res~cottage.doc Resolution No. 99-227 Page 2 It was moved by Thornberry and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kub.by Lehman Norton O'Donnell Thornberry Vanderhoef LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT~OF-WAY BETWEEN THE CITY OF IOWA CITY AND "/L~ C~(' FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY ~T t'L,'} 1-~A ~q~e/ IOWA CITY, IOWA This Agreement is made between Landowner and and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the staff design review committee, which recommended approval of the proposed sidewalk cafe, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest, 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: : and Landowner has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided. Applicant/Tenant '~(~-, C~ (hereafter "Applicant") occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk care, as permitted by City regulations, The city staff design review committee has reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests. Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's tempo- ran/use of the public right-of-way as a sidewalk cafe in accordance with this Agree- 3 ment, including Exhibit A, and also in conformance with all applicable local regulations concerning sidewalk cafes. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendure. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purpos- es, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1997), and that the Applicant shall not be entitled to any compensation should the City elect to do so. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damag- es, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant 4 including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk cafe is not operating. 10. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way, as provided in §364.12, Code of Iowa (1997 ). In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal to Applicant for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza or abutting right-of-way as a result of set-up or removal of the sidewalk cafe furnishings or equipment and as noted in Exhibit A. 5 13. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid CITY OF IOWA CITY, IOWA APPLICANT/TENANT · nest W. Lehman, Mayor City Clerk By By APPLICANT/LANDOWNER By By City Attorney's Office 6 APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) JOHNSON COUNTY I ..-;~ On this 7,LP''' day of /L~I)' , 19 ~/~ before me, t e undersigned a Notary Public in and for the State ol~owa, personally app~'~ared /,~ .~l~:tfj~'S' ' ' to me personally known, and acknowledged the execution of the foregoingY'~strument to b~; his/her voluntary act and deed and by him/her voluntarily executed. n~at/~eOf o~:w ~,, GLENNA STUTZMAN 1.163 My Commission Expires December 2, 2000 Notary Public in a Iowa APPLICANT/TENANT'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 19__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 7 APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) -"[1~' JOHNSON COUNTY ) ~ ~tr.) ~ ~ On this LL~~L' day of ~' ,19~ before me, the undersigned, a Notary Public in and for the Stat~owa, personally app~red to me personally known, and acknowledged the execution of the foregoing instrument to b; his/her voluntary act and deed and by him/her voluntarily executed.~=w~ GLENNA STUTZMAN [ ' My Commission Expires ~ De~mber 2, 2000 ic i e of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) Ss: JOHNSON COUNTY ) On this day of , A.D. 19__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa 8 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ ~k day of ~.~._ ,19~_.~_, before me, -So,c~r~ ~- ~r'~ - , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman, Mayor and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ~)- ~'~ passed by the City Council on the J~' ~ day of ,J"~n~-- , 19~___, and that Ernest W. Lehman 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 My commission expires: clerk~license.swk City of Iowa City MEMORANDUM Date: 3une 22, 1999 To: City Council From: Design Review Committee Re: The Cottage at 127 Iowa Avenue The City sidewalk caf~ ordinance requires that applications for a sidewalk caf~ permit be reviewed by the Design Review Committee. The Design Review Committee has reviewed the application and recommends approval of the application.