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HomeMy WebLinkAbout1999-09-28 ResolutionPrepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 99-326 RESOLUTION TO ISSUE CIGAREI'I'E PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Scott Blvd. Hawkeye Convenience Store - 2875 Commerce Dr. Malone's Irish Pub - 121 Iowa Ave. Passed and approved this 28th day of September ,1999 I~IAYOR Approved by City Attorneys Office It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X x X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef derkVes~ctgperm.doc Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 · RESOLUTION NO. 99-327 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO APPLY FOR A PRESERVATION SERVICES FUND (PSF) GRANT FROM THE NATIONAL TRUST FOR HISTORIC PRESERVATION IN THE AMOUNT OF $2,500 TO ASSIST IN PLANNING FOR THE REHABILITATION OF THE MONTGOMERY-BUTLER HOUSE. WHEREAS, the National Trust for Historic Preservation administers the Preservation Services Fund (PSF) grant program to assist local communities with planning activities associated with historic properties; and WHEREAS, the Iowa City Histodc Preservation Commission has prepared an application for a PSF grant of $2,500 for the purpose of hiring a consultant to assist in planning for the future rehabilitation and reuse of the historic Montgomery-Butler House; and WHEREAS, said grant will require an equivalent local match of $2,500; and WHEREAS, said grant will aid the City in its efforts to properly develop this historic resource. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Histodc Preservation Commission is hereby authorized to apply for a PSF grant of $2,500 for the purpose of hiring a consultant to assist in planning for the future rehabilitation and rouse of the histodc Montgomery-Butler House which will require an equivalent amount in matching local funds. 2. The Mayor is hereby authorized to sign said grant application. Passed and approved this 28 th day of It was moved by Norton adopted, and upon roll call there were: AYES: NAYS: X X X × X X X and seconded by September ,1999. Vanderhoef the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: To: From: Re: September 23, 1999 City Manager and City Council Scott Kugle~ssociate Planner Historic Preservation Commission Request for Authorization to Apply for PSF Grant The Historic Preservation Commission is requesting authorization to apply for a 92,500 Preservation Services Fund (PSF) grant through the National Trust for Historic Preservation to assist with planning activities related to the rehabilitation and reuse of the Montgomery- Butler House. If funded, an equivalent local match would be required. The Commission plans to use the funds to hire a consultant to help identify potential funding sources for the rehabilitation effort, to identify preservation-minded organizations that may be interested in assuming ownership in or assisting in the rehabilitation and long-term maintenance of the building, and to help organize and focus the Commission's efforts to identify an appropriate long-term use for the site. This project may involve a public planning and input process conducted by the consultant to generate public interest in the project and solicit ideas for the future use of the building. Recently, members of the Commission have been meeting with representatives from Friends of Historic Preservation and the Iowa Historic Preservation Alliance to discuss the future of the building and site. It is clear that the ongoing workload and limitations in staff time available do not allow the Commission to take the active lead on planning efforts associated with the historic property. However, the Commission feels that the building and site have great potential for active community use and present a unique opportunity for Iowa City. Hiring a consultant to help organize and initiate planning efforts associated with the house and site is a necessary first step. Since it has been some time since the Council has discussed the Montgomery-Butler House, I thought it would be helpful to summarize the activities that have taken place to- date. The City acquired the building in 1995 along with the rest of the water treatment facility site. Shortly thereafter, several individuals from the community approached the Commission to discuss the building and its significance to our local history. Not only was the home likely built during Iowa City's tenure as state capital, but it was also associated with early transportation routes in the area. Because the building had not been maintained and updated for much of this century, its original design and components are relatively intact and unaltered from its 1850s condition - an unusual find. The Commission then approached the City about the need to protect and preserve the building. To this end, the City hired a consultant to assess the structural integrity of the building. The building was found to be structurally sound, but since it was basically open to the weather with few window sashes remaining and a leaking roof, a "mothbailing" of the building was recommended. In 1997, the Council authorized 970,000 for the stabilization of the structure to preserve the building for future preservation. The project involved placing a temporary protective roof over the existing roof, securing windows and doors to prevent access to the building and protect the structure from the weather, installing a ventilation system, a substantial cleaning of the building and site, and shoring up the roof support structure. This project was completed in 1998 for a total cost of approximately ~53,O00. About half of this amount involved actual work on the building, with the balance covering architectural fees and site improvements necessary to gain access to the building. With minimal maintenance of the site, such as keeping vegetation trimmed around the building to ensure adequate ventilation, the building should be adequately protected for several years to come while plans for the rehabilitation of the building and reuse of the site are developed. At about the same time the stabilization work was being planned, the City was negotiating a "Memorandum of Agreement" with the State Historic Preservation Officer and the Army Corps of Engineers in association with the construction of the water treatment facility. The agreement required that the City complete the stabilization work, and then make an effort over the following five years to either rehabilitate the building or seek to transfer the building to an organization that would pursue its rehabilitation. The Commission sees the current request as an effort toward meeting this obligation. The Commission is aware that at the time of the stabilization project the Council expressed concerns about putting a substantial amount of City investment in the building, and that outside funds will likely be needed to assist in the rehabilitation of the building. The requested matching funds for the PSF grant will give the Commission a better chance of making this happen. Prepared by: Regina Schreiber, Senior Accountant, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5088 RESOLUTION NO. 99-328 RESOLUTION APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING FOR THE FISCAL YEAR ENDING JUNE 30, 1999. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the official Financial Report for City Streets and Parking report for the period beginning July 1, 1998, through June 30, 1999, be approved. Passed and approved this 28th day of September ,1999. Approved by ATTEST:CiT~~ '~- ~ City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef finadm\res\stprkrep .doc Iowa Department of Transportation 800 Lincoln Way, Ames, IA 50010 515-239-1289 FAX 515-239-1828 Ref. No. 70 I. 516 KM3 Subject: Road Use Tax Fund Street Finance Report SEP 3 0 I999 Dear City Clerk: We acknowledge receiving the city's Street Finance Report for the period from July 1, 1998, through June 30, 1999, as required by the Code of Iowa, Chapter 312, Section 14. This report, when combined with those submitted from other cities in Iowa, will provide the Iowa Department of Transportation and the Federal Highway Administration with a documented record of street receipts and expenditures in Iowa cities. Sincerely, Patrick R. Cain, Director Office of Transportation Data Planning and Programming Division P RC:km O-< . --- Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 99-329 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 755 OAKLAND AVENUE, IOWA CITY, IOWA. WHEREAS, on September 28, 1988, the owners of 755 Oakland Avenue executed a Promissory Note in the form of a fifteen-year low interest loan through the City's Housing Rehabilitation Program for the amount of $11,000; and WHEREAS, these documents created a lien against the property; and WHEREAS, the balance ($3,113.96) of the lien was paid off on September 9, 1999; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 755 Oakland Avenue, Iowa City, Iowa from the Promissory Note recorded on October 19, 1988 Book 1031, Page 549 of the Johnson County Recorder's Office. Passed and approved this 28th day of September ,1999. Approved by It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X x x ppdrehab~res/Z55oakland.doc Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 755 Oakland Avenue, Iowa City, Iowa, and legally described as follows: South 62¼ feet of Lot 12 and 13, A.E. Swisher's Addition to Iowa City, Iowa, from an obligation of the owners, Kathleen and Bob Young, to the City of Iowa City in the amount of $11,000 represented by a Promissory Note recorded on October 19, 1988 in Book 1031, Page 549 of the Johnson County Recorder's Office. These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. Approved by City Attomey's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of S~,-,,,~,~ ,,,- , A.D. 19 ~ ? , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ff'-.s}? , adopted by the City Council on the ~- 5 day , 19 ~? and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehabr/55oakJand.doc Notary Public in and ~r Johnson County, Iowa I 09-28-99' 3e(4) Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-330 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND'THE CITY CLERK TO ATTEST AN AGREEMENT FOR THE RELEASE AND SUBSTITUTION OF A PEDESTRIAN USE EASEMENT LOCATED WITHIN PLAZA CENTRE ONE, IOWA CITY, IOWA WHEREAS, The City currently possesses a pedestrian access/use easement over the courtyard abutting College Street within Plaza Centre One (in front of Hardee's); and WHEREAS, A prospective business wishes to make ground floor improvements on the courtyard area and is willing to construct a new secondary access within the Plaza Centre One Building to facilitate public ingress and egress through the property in a manner similar to that provided by the courtyard easement; and WHEREAS, Release of the existing public use easement over the courtyard is necessary for the prospective business to obtain financing for and to ensure the integrity of the proposed ground floor improvements; and WHEREAS, it is in the public interest to execute the Agreement for the Release and Substitution of a Pedestrian Use Easement, which agreement releases the City's current easement and provides for the granting of a substituted easement by the Owners upon reconfiguration of the building. 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 public use easement located on the south 71 feet of the west 27 feet of the east 40 feet of Lot 7 in Block 81, Original Town of Iowa City, Johnson County, Iowa which is recorded in Book 460, Page 105 of the Miscellaneous Records of Johnson County. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the attached Agreement for the Release and Substitution of a Pedestrian Use Easement. The City Clerk is further authorized and directed to certify a copy of this Resolution for recordation in the Johnson County Recorder's Office, together with the attached Agreement, said recording costs to be paid by Plaza Centre Associates, L.C.. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, any additional documentation and/or instruments necessary to carry out the terms of said agreement, at the direction of the City Attorney, and the recording costs of any such additional instruments shall be paid by Plaza Centre Associates, L.C.. Resolution No. 99-330 Page 2 Itwasmoved by Norton and seconded by adopted, and upon rollcallthem were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Passed and approved this 28th Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ,{~proved b CITY CLERK AGREEMENT FOR RELEASE AND SUBSTITUTION OF PEDESTRIAN USE EASEMENT This Agreement is executed on this ? ~5 day of September, 1999 by and between The City of Iowa City (hereafter City), and Plaza Centre Associates, L.C., an Iowa Limited Liability Company (hereafter Owner), WITNESSETH: WHEREAS, Owner is the owner of the following described real estate located in Iowa City, Johnson County, Iowa, to-wit: Lot Eight (8) and the East 39.24 feet of Lot 7 in Block 81, Original Town of Iowa City, Johnson County, Iowa (hereinafter Property); and WHEREAS, City holds an easement over the following described real estate located in Iowa City, Johnson County, Iowa, to-wit: The south 71 feet of the west 27 feet of the east 40 feet of Lot 7 in Block 81, Original Town of Iowa City, Johnson County, Iowa (hereinafter Courtyard) which is recorded in Book 460, Page 105 in Miscellaneous Records of Johnson County; and WHEREAS, Owner wants to build ground floor improvements onto Courtyard; and WHEREAS, Owner is willing to construct a new secondary access within the Plaza Centre One building (hereinafter PCO) to facilitate public ingress and egress through Property; and WHEREAS, City agrees that the new secondary access will serve the same purpose as its current easement over Courtyard; NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Easement Release. The City hereby releases its easement over Courtyard. 2. Building. Owners agree to build a hallway which will connect the interior of PCO with College Street. The said hallway will provide a new secondary access to facilitate public ingress and egress through Property. 3. Easement. Owners hereby agrees to grant an easement for pedestrian use to City over the planned hallway in PCO by separate written instrument upon completion of the PCO remodelling. 4. Run with Land. The substituted easement shall run with the land and shall be binding on all parties and all persons claiming under it. Dated at Iowa City, Iowa, on the date described above. ~Lan, Mayor Attest:-~~.~,,-~,,.) ~- Marjan K. Karr, City Clerk OWNER R!cha~d . .. ansen, e ber John H. Lind, Member Approved by: '~orne' syf~ ?-~z 2 - ? ? STATE OF IOWA ) ) JOHNSON COUNTY ) SS: On this 2 f~ day of September, 1999, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) COUNTY OF JOHNSON ) SS: This instrument was acknowledged before me on September c/~ , 1999 by Richard F. Hansen and John H. Lind as the members and managers of Plaza Centre Associates, L.C.. uyc~J~NE ROW~-'y Not~~Pu~~State of Iowa We, Richard F. Hansen and John H. Lind, being first duly sworn on oath state as follows: 1. We have reviewed the articles of organization and any applicable operating agreement, including all amendments thereto, of Plaza Centre Associates, L.C. for the purpose of determining who has authority to execute documents on behalf of Plaza Centre Associates, L.C.. 2. Based upon that review, We have determined that Richard F. Hansen and John H. Lind, who executed the above Agreement for Release and Substitution of Pedestrian Use Easement, have full power and authority to execute said instrument on behalf of Plaza Centre Associates, L.C. and the execution has been approved by all required votes of the managers or members of Plaza Centre Associates, L.C. as the case may be. 3. The instrument was executed to carry on in the ordinary course the business or affairs of Plaza Centre Associates, L.C.. This affidavit is based upon personal knowledge of the undersigned. Dated this ~,'~c[tLday of September, 1999. Richard F. Hansen ~ John H. Lind This instrument was acknowledged before me on September and John H. Lind. _ _ ,1999 by Richard F. Hansen Nota~i~nandf~oe State of Iowa F:\WPXDD~AmbrocondoXEasement AGREEMENT FOR RELEASE AND SUBSTITUTION OF PEDESTRIAN USE EASEMENT This Agreement is executed on this day of September, 1999 by and between The City of Iowa City (hereaft'~ City), and Plaza Centre Associates, L.C., an Iowa Limited Liability Company (hereafter Owner), \'\ \ \\ '\ WITNESS ETH: WHEREAS, Owner ~ the owner of the following described real estate located in Iowa City, Johnson County, Iowa, to-wit. Lot Eight (8) and the Eat 39.24 feet of Lot 7 in Block 81, Original Town of Iowa City, Johnson County, Io a (hereinafter Property); and WHEREAS, City holds an ease~nt over the following described real estate located in Iowa City, Johnson County, Iowa, to-wit: \ The south 71 feet of the west 27 feet he east 40 feet of Lot 7 in Block 81, Original Town of Iowa City, Johnson County, Iow~ in Boo 460, Page 105 in Miscellaneous Records of WHEREAS, Owner wants o build ground provements onto Courtyard; and WHEREAS, Owner is illing to construct a new secondary access within the Plaza Centre One building (hereinafter PC ) to facilitate public ingress an egress through Property; and WHEREAS, City grees that the new secondary access '11 serve the same purpose as its current easement over urtyard; NOW THER FORE, in consideration of the mutual covenant contained herein and other good and valuable nsideration, the receipt and sufficiency of which ar hereby acknowledged, the parties agree as f, lows: 1. he City hereby releases its easement over Courtyard. 2. Building. Owners agree to build a hallway which will connect the interior of PCO with College Street. The said hallway will provide a new secondary access to facilitate public ingress and egress through Property. 3. Easement. Owners hereby agrees to grant an easement for pedestrian use to City over the planned hallway in PCO by separate written instrument upon completion of the PCO remodelling. 4. Run with Land. The substituted easement shall run with the land and shall be binding on all parties and all persons claiming under it. Dated at Iowa City, Iowa, on the date described above. CITY OF IOWA CITY, IOWA \, OWNER Attest: Marian K. Karr, City Clerk Richard F. Hansen, John H. Member Approved by: City Attorney's Office STATE OF IOWA ) SS ) .~ JOHNSON COUNTY ) On this ___ day of September, 99, before me, the undersi a Notary Public in and for said County, in said State, personally, ppeared Ernest W. Lehman ~ Marian K. Karr, to me personally known, who being by me duly, worn, did say that they are the or and City Clerk, respectively, of said municipal corporario executing the foregoing instrument; t at the seal affixed thereto is the seal of said municipal cot oration; that said instrument was sign and sealed on behalf of said voluntary act and dee of said municipal corporation and by them vc ~ntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) COUNTY OF JOHNSON ) SS: This instrument was acknowledged before me on September __, 1999 by Richard F. Hartsen and John H. Lind as the members and managers of Plaza Centre Associates, L.C.. Notary Public in and for the.State of Iowa We, Richard F. Hartsen and Jott H. Lind, being first duly sworn og'Gath state as follows: 1. We have reviewed the articles o organization and any applicable operating agreement, including all amendments thereto, of Plaza Ce tre Associates, L.C. for the purpose of determining who ha2?u ' ' , . .. who executed the above Agreement for Release and Su!~st4tution of Pedestrian Use Easement, have full power and authority to execute said instrumenton belq~f of Plaza Centre Associates, L.C. and the execution has been approved by all required votes of the hc(anagers or members of Plaza Centre Associates, L.C. as the case may be. ' This affidavit is based upon erson~ knowledge of the undersigne Dated this __ day of eptember, 1999. Richard F. H and John H. Lind. F:\WPXDDXAmbrocondoXEasement Notary Public in and for the State of Iowa 09-28-99 Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 319-356-5139 RESOLUTION NO. 99-331 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LONGFELLOW-TWAIN PEDESTRIAN TUNNEL PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Longellow-Twain Pedestrian Tunnel Project ("Project") which includes the construction of pedestrian crossing under the Iowa Interstate Railroad that will link the Longfellow and Mark Twain neighborhoods; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, Shoemaker-Haaland Engineers, has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Longfellow-Twain Pedestrian Tunnel Project. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Longfellow-Twain Pedestrian Tunnel Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Resolution No. 99-331 Page 2 Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 28th day of SeptemhPr , 1999. City Attorney's Office It was moved by Kubb_y adopted, and upon roll call there were: and seconded by Thornberry AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be pweng\res/twailong .doc 9/99 Prepared by: Jim Brachtel, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5149 RESOLUTION NO. 99-332 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Highway 6 Corridor Improvement Project ("Project") which includes installing storm sewer, bicycle/pedestrian trail, shoulder improvements and landscaping; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, Shive-Hattery, Inc., has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Highway 6 Corridor Improvements Project. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Highway 6 Corridor Improvements Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Resolution No. 99-332 Page 2 Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 28th day of September ,1999. ATTEST: ~ ~. 9/1/g CI~CLERK City Attorney's Office It was moved by Thnrnberry and seconded by adopted, and upon roll call there were: Vanderhoef AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be pweng\res\hwy6impr.doc I09-28-99 9 :~ Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 319-356-5138 RESOLUTION NO. 99-333 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE MORMON TREK BOULEVARD IMPROVEMENTS, HIGHWAY I TO ABBEY LANE PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Mormon Trek Boulevard Improvements, Highway 1 to Abbey Lane Project ("Project") which includes upgrading Mormon Trek Boulevard, from Highway 1 to Abbey Lane, to conventional four lane cross section and improving the Highway 1 intersection; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, Howard R. Green Company, has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: It is the City's intent to proceed with the Mormon Trek Boulevard Improvements, Highway 1 to Abbey Lane Project. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the Mormon Trek Boulevard Improvements, Highway 1 to Abbey Lane Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. Resolution No. 99-333 Page 2 The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. In the event negotiation is successful, .the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 28th day of September , 1999. ATTEST: City Attorney's Office It was moved by Thornberry adopted, and upon roll call there were: and seconded by Vanderhoef AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be pweng\res\hwy 1 abby .doc 09~28-99 ' ob, Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-334 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 2814 IRVING AVENUE. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority has purchased a townhouse located at 2814 Irving Avenue, Iowa City, Iowa; and WHEREAS, families with income at or below 80% of the median income may qualify to purchase said townhouse; and WHEREAS, a qualified family has offered to purchase this home for the principal sum of · $111,900, which is the appraised value of the property, with the City providing a second mortgage to the family in the sum of $27,580.00; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on September 14, 1999 the City Council adopted Resolution No. 99-324 declaring its intent to convey its interest in 2814 Irving Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: Upon the direction of the City Attomey, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 2814 Irving Avenue, legally described as Lot 66 of the resubdivision of Lot 51, Walden Hills, Iowa City, Iowa, according to the plat of said subdivision recorded in Book 38, Page 327, Plat Records of Johnson County, Iowa to a family who meets the eligibility requirements to purchase said townhouse under the Iowa City Housing Authority's Affordable Dream Home Program. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family for a second mortgage from the City. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 99-334 Page 2 of 2 Passed and approved this 28th ATTEST:Ci/~L~L~K,~ "'A/2· day of September ,1999. City Attorneys Office It wasmoved by Norton adopted, and upon rollcallthere were: AYES: X X X X X X X and seconded by NAYS: O'Donnell the Resolution be ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef Prepared by: Jeff Davidson, Asst. Planning Dir. ,410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 99-335 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY, IOWA. WHEREAS, the Tower Place and Parking facility has been designed with approximately 27,000 square feet of commercial space; and WHEREAS, the City desires to contract with a real estate firm which can market the sale of said commercial space; and WHEREAS, the City has negotiated an agreement with Lepic-Kroeger Realtors of Iowa City, Iowa to conduct marketing activities for the sale of said commercial space; and WHEREAS, said commercial space will be placed on the multiple listing service enabling all local real estate firms to participate in the potential sale of the space. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 2. Passed and approved this The agreement attached hereto is in the public interest and is approved as to form and content. The Mayor is authorized to sign and the City Clerk to attest said agreement. 28th day of Sepf, embeY' ,19 99 ATTEST:Ci~CL~6,~ERK/¢/' ~'~,,// TvlAYOR City Attorney's Office jccogtp\res~lepic.doc Resolution No. 99-335 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef COMMERCIAL CONDOMINIUMS IOWA AVENUE MULTI-USE PARKING FACILITY IOWA CITY, IOWA UNIT PRICE LISTING All square footage is considered as net square feet. Space 1-B (no mezzanine) 3,844 sq.i~ $522,784 Mezzanine 2,183 sq.fi. $109,150 Space 2-A 7,882 sq.ft. $945,840 Space I-C 4,423 sq.i~. $574,990 Space I-D 3,332 sq.fi. $439,824 Space 1 -E 1,193 sq.t~. $155,090 COMMERCIAL CONDOMINIUMS IOWA AVENUE MULTI-USE PARKING FACILITY IOWA CITY, IOWA UNIT PRICE LISTING All square footage is considered as net square feet. Space 1-B (no mezzanine) 3,844 sq.fi $522,784 Mezzanine 2,183 sq.fi. $109,150 Space 2-A 7,882 sq.fi. $945,840 Space I-C 4,423 sq.fi. $574,990 Space I-D 3,332 sq.fi. $439,824 Space I-E 1,193 sq.fi. $155,090 AGENCY POLICY DISCLOSURE AND ACKNOWLEDGMENT FORM NOTICE TO SELLERS: When Leplc Kroeger REALTORS lists your property for sale: a. Wheowelmthl~tand.,mlltheprnl~rty. itL~thelmlicynf LepicKre, egerREALTORS tnrel~re.~entl}nthSelleramlraLver;~s;l{':on-~.nsuMD,alA.qe.t. h. When we ;u'e tile IL~i.g company [}nt mR the ~lling company. it L~ tJ~e policy of Lepic Kroe.~er REALT('JP, S to repre..~e.t tile .Seller ex¢:htsively. c. When ~e. are. the FLuting tampa.y, it Ls the policy or Lepic Kroeger REALTORS to submit yn.r Ib;ting to the MLS and t~ reciprnc;|te cooperatinn and ,:nmpensati~ n with the -,~-Ili, g I~rokerage firm. NOTICE TO BUYERS: ~ 2. When Lepic Kroeger REALTORS writes your purchase agreement: a. When we both list and ~11 the property, it is the peticy of Lep{c Kroeger REALTOR5 to represent both the Buyer and Seller as a Consensual Dual Agent. b. When we are the .~elling company cooperating with any other brokerage company and the property L~ in the Mt~. it L~ our poli,..-v to represent the Buyer exchsively. 3. The undersigned acknowledges that in a Consensual Dual Agency, (when It exists): a. Lepic Kroeger REALTORS will not aggressively represent the interest of either Buyer or Seller to the detriment of the other. Buyer and Seller shall primaril.~' negotiate on their own behalf, and l.epic Kroeger REALTORS shall cease to serve as either Seller's or Bu~r's sole and exclusive agent and shall become a Consensual Dual Agent for both parties. b. Lepic ~oeger REALTORS shall not, without prior consent oi' the Seller. disclose to the B.uyer that the Seller might accelX a price less than r~e Listing Price or material terms other than spedlied in the Listing, nor shall Lepic Kroeger RF. ALTORS, without the consent of Buyer. disclose to Seller that Buyer may be willing to pay a higher price or accept less favorable term than indicated in the Buyer's initial offer. c. Lepic Kroeger REALTORS s~l not disclose to Buyer or Seller personal contidenc~ posed by the otier party. which might place that party' at a dL~advantage: provided further that Lepic Kroeger REALTORS must disclose other matters as required by law. known or reasonably discoverable. such as property condition defe~ or other related maUers affecting property ~ue or desirability. d. Lepic Kroeger REALTORS mm inform Buyer or SeUer th.X they are not required to consent to dual a~m..'y. The above Le. pic Kroege. r REALTORS Polity is hereby approved and 1/we adnowledge receipt at a copy at thL,; agency d~do. sure doe, merit before any specific a.~sL.~anc'e was offerPal by licensee. Date Zrnhpr ?R, lqqZ~ , Client'~ SiMn;atllr. Clie,t's Sigt,ature City of Iowa City MayOr NOTE THAT THIS IS NOT A CONSENT FORM, IT IS ONLY A DISCLOSURE FORM AGENCY POLICY DISCLOSURE AND ACKNOWLEDGMENT FORM NOTICE TO SELLERS: I. When Leplc Kroeger REALTORS lists your property for sale: a. Wlrnw~.lN~dIF~and.,~-Ildmlxnl~rty. itb;U~epnEcynl' L,,q~:KmegerREALTOR::; tnrel~re.~entl}nlhSe. l~.randg4~.ver:~;IC. nn.~.nst~alD.alA.g~nt. h. W!r.n w~. ,ve. fie. ILktin.t: cnmpany h,~t n.{ rJle ~lli.g coraltony. it b~ the p. licy hi' Le. pic Kmeger REALTOR-5 tn repre~e.,~ tl~ ,";e. ller ex{:h~.~ively. c. When we. ~ die IL~ting ,:nmpany. it L~ the phijeT nl Lepic Kme.t,~r REALTORS to s.bmk ynnr Ft~ting to the. MLS and to redprncate cnn~ratinn and ~:ompe, n~'Kin n with the ,~e!ling brokerage lima. NOTICE TO BUYERS: 2. When Lep lc Kroeger REALTORS writes your purrbase agreement: a. When we both I~t and ~111~e property. it is the polk7 of Lepk: Krneger REALTORS to repr~ent both the Buyer and Seller as a Consensual Dual Agent. b. When we. are the ~llin.g company cooperating with any other brokerage company and the property b; in the ~iL3. it L~ our poli~.~ to repr~sen[ the Buyer exclusively. The undersigned acknowledges that In a Consensual Dual Agency, (when It exists): a. Lepic Kroeger REALTORS well not aggres.~ively represent the interest o[ either Buyer or Seller to ~he deb~ent o[ the other. Buyer and Seller sha/l prima~i~.v negotiate on their own behaff, and Lepk: Kroeger REALTORS shall cease to ,serve as either 5eller's or Bu~r's sole and e.xdusive agent and shall become a Consensual Dual Agent rot both parties. b. Lepic ICroeger REALTORS sha/I not, without prior consent of be Seller, disclose to the B.uyer that the Seller might accelX a price less than the Listing Price or material terms other r~an spedfed in the Listing, nor shall [.epic Kroeger REALTORS, wilhout the consent of Bu.ver. disclose to Seller that 8u.~er ma.v be willing to pa.v a higher price or accept less favorable lerms than indicated in the Buyer's initial offer. c. Lepic Kroeger REALTORS shall not cl~sdose to Buyer or Seller personal conl'vJence; posed by Ute other party. whk:h might place that part:,.' a~ a d'L~advan~ge: provided further that Lepic Kroeger REALTORS must disclose other matters as required by law. known or reasonably discoverable. such as property condlion defects or outer related matters nile:ring property va/ue or desirabiEtT. d. LepicKroegergEALTOR5 mu.~ in~rorm Buyer or SeBer that ~ey are not required to consent to dual agenq- The above Lepic Kroe~,er REALTORS PofN:y is hereby approved and I/we actnowledge receipt of a copy o/~hL~ ag.,en-.'? db;do?ure document be~rere any spedtic a.~sNance wa.~ offered by license. o~ptembe~,8, ~~ City of Iowa City MayDr C,'lient's Signat.re NOTE THAT THIS IS NOT A CONSENT FORM, IT IS ONLY A DISCLOSURE FORM LISTING AGREEMENT ~ ~F~'IT,~] Exclusive Right to Sell Real Property This agreement is entered into this ~ day of Septe~llher , 1999 , at Iowa city, Iowa, by and between the undersigned OWNER and T,ep i c-K r o e g e r REALTORS , the undersigned real estate BROKER, hereinafter called BROKER. OWNER hereby grants to the real estate BROKER the exclusive fight to sell the following described real pro arty located in John. sonCounty, Iowa: Condominium Units in the Iowa Avenue Multi-use ~arking Facility -See attached 4. TERMS OF SALE. The period for this exc,usive righ, to se. by BROKER shal, commance on the 2 9 day of S e p t e mbe r,9 9 ! %A %n the 29 day of September, 2000 . The terms of the sale of said prope~ shall include possession thereol to be given on the day of U port C orqp 1 e t i Oil upon the teFms of an executed Purchase Agreement to buy said property, The purchase price shall be $ * * payable in cash, or the following terms: Convent i one 1 2. COMPENSATION TO BROKE R. 6 % ( S i X P e r c e p- t ) of the gross sale price if: A. OWNER agrees to pay BROKER in Iowa City, Iowa, a commission of 1. BROKER procures a purchaser during the terms of this agreement ready, willing and able to purchase at the above price and terms, or on any olher pdce and terms agreeable to OWNER; or 2. OWNER or anyone else sells, exchanges, or otherwise transfers the properly dudng the period of this listing agreement at any pdce or ubon any terms; or 3. the property is sold, exchanged, or otherwise transferred within ~ days after the expiration of this agreement, 1o any person, firm or corporation to whom BROKER, or any other person, firm or corporation with whom BROKER, or any other person representing BROKER has negotiated for the purchase of this property during the term of this agreement; and if BROKER supplies owner with a written list of such parties on or before the expiration of this agreement or any extensions thereof. The notice shall contain the name of the prospective purchasers, dates of negotiation, and a brief summary of said negotiations. However, OWNER shall not be obligated to pay such compensation if a valid listing agreement is entered into during the term of said protection period with another licensed real estate broker and the sale, lease or exchange of the property is made during the term of said protection period. 4. OWNER prevents the sale of the properly by adverse actions or attempting to cancel this agreement B. How commission paid: Said commission shall be payable in cash upon the happening of any of the above events, or at the real estate closing conference, whichever occurs first, except 2. A., 1. which will not require payment of the commission until the real estate closing conference date established by the terms of the purchase agreement between the parties. OWNER authorizes any escrow agent or broker to pay BROKER all sums due from OWNER'S proceeds of the sale. If deposited escrow funds are defaulted or foalcited by a prospective purchaser, one-hail of the same, but not exceeding the amount of the BROKER'S fees recited herein, shall be paid to the BROKER in full satisfaction of OWNER'S obligation for payment of said fees. It is agreed that all monies due to BROKER under this contract are payable from the proceeds from any sale of said property. To the extent of any monies due to BROKER, OWNER hereby assigns the proceeds thereof for the payment of said monies. C. EXCHANGE, In the event said property is subject to an exchange of property, said exchange shall be treated as a sale and the commission set forth herein shall be due thereon based upon the value established for said property and the terms of the exchange agreement. OWNER understands the BROKER may in the process of said exchange, earn a commission from the OWNER of property exchanged for the property described above. D. COMPENSATION. OWNER understands and has been advised by BROKER that the amount or rate of real estate commission is not fixed by law and is set by each BROKER Individually. The BROKER may disburse pad of the BROKER'S compensation to other brokers, including a buyer's broker solely representing the buyer. (initials) 3. OWNER PERMISSION TO BROKER. BROKER is given permission to: (a) advertise this property, by all means selected by BROKER, including the Interact, (b) place a FOR SALE sign thereon, (c) remove all other For Sale signs, (d) show the property at all reasonable times, (el utilization of a lock box, (0 promptly submit this listing to the Iowa City Multiple Listing Service to which BROKER belongs, (g) accept earnest money deposits and deposit the same in BROKER'S trust account, holding the same until the transaction has been consummated or finally otherwise terminated; (hi require wdtten releases from all parties before releasing said trust funds. 4. OWNER'S OBLIGATIONS. OWNER agrees as lollows: A. To convey the property by general warranty deed or installment contract or such other instruments pursuant to the terms of the accepted purchase agreement; B. To provide an abstract of title continued to current date showing good merchantable title in compliance with the terms of said accepted purchase agreement; C. To pay all prepayment penalties, real estate taxes to date of closing unless otherwise provided by the accepted purchase agreement; D.To provide to BROKER all information in relerence to any mortgage lien, installment contract or other indebtedness secured by said property and by the execution of this listing agreement authorizes the BROKER to obtain said information directly from the holders of said lien or security interests; E.To refer to BROKER all inquiries from prospective purchasers and other persons received during the period of this listing: F. To sell said property to any prospective buyer without regard tq race, color, sex, creed, religion or national origin, handicar) or familial statu a e 5. OWNER'S WARRANTIES. OWNER warrants that: raartlal status, sexual orlentatzon or g~n~e~ identi A. He/she is the OWNER of said property and has full legal authority and the dght to sell the same; B.No governmental agency has served any notice upon the OWNER requiring repairs, alterations or corrections of any existing conditions; Except: n 0 n e c. The information contained in the profile sheet of property is true and correct, and that except for room or other measurements obtained by BROKER, OWNER has furnished the information on the profile sheet to BROKER. OWNER further understands that a profile sheet will be furnished by BROKER to potential purchasers. OWNER shall furnish information to the BROKER so that a profile sheet may be prepared by the BROKER and filed within 2 working days there- after with the Iowa City Area Association of REALTORS. A copy of this profile sheet will be sent to the OWNER and unless the OWNER immediately notifies the BROKER to the contrary, the information given will be considered true and correct except for room or other measurements obtained by the BROKER. If 6. OWNER'S STATEMENT OF CONDITION OF PROPERTY: The OWNER is advised that the OWNER is obligated to reveal to all prospective buyers, all known latent defects and/or other known potential defects that might prove to be a contributing factor in the decision of a reasonable and prudent buyer, to purchase or not to purchase, the subject properly. A tatant defect is one which is not apparent to the buyer upon reasonable, careful inspestlon of the pramisas, and which is known to the OWNER. OWNER warrants that to the best of his/her knowledge and belief that there are no known latent defects in the subject property except the following: (Ifnone, sostate.) none - new construction frhe condition of the property is roora specifically described in the profile sheets of this property for purposes of presentation to other brokers and to prospective buyers.) -- Unless otherwise indicated herein, or in the profile sheet, OWNER represents that the heating, electrical, plumbing, air conditioning system and all included appliances will be in good working order and condition on the date of delivery of possession or closing, whichever comes first. 7. BROKER'S SERVICES. BROKER agrees to endeavor to procure a purchaser according to the terms hereof by using BROKER'S best efforts and skills any by cooperating with other brokers and to subroit this listing to the iowa City Multiple Usting Service for dissemination !o all of its members. 8. PROPERTY TO BE SOLD. In addition to the real property described above, the property included in this sale includes that property integrally belonging to or a part of the real estate, whether attached or detached, such as light fixtures and light bulbs, shades, rods, blinds, automatic garage door openers and transmitter units, all drapery and curtain rods, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners (unless water softener is rental), automatic heating equipment, central air conditioning equipment, wall-to-wall carpeting, mirrors attached to walls or doors, fireplace screen and grate, attached barbecue grills, weather vane, all built-in kitchen appliances, built-in i~ems and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of the real estale and included in the sale except: N/A 9. MISCELLANEOUS. This agreement shall be binding upon the heirs, assigns, executors, and administrators of the parties hereto. Any agreement not noted herein shall not be binding upon the parties. All parties agree to be bound by this Listing Agreement even i~ every party does not sign on one original, as long as each copy that is signed is identical to every other signed copy. Receipt of a complete copy of this Agreement is acknowledged by OWNER. 10.OTHER PROVISIONS A. It is understood that an additional .5% of gross sales shall be paid by the Seller and dedicated specifically to advertising and marketir B. Individual condominium unit prices as per attached listing. Srnie Galer/ evi Manick/ / J BROKEWSALES REPRESENTATIVE (Sig~t~e) 23~6 ~ormnn ~rp~ R] V~., Z OW~ C ~t~ ~ ~A ADDRESS 3~9-35~-88~ TELEPHONE tD o Attest: Mayor City Clerk Nothing herein shall r ven ~e~D from retaining ownership~ X ~p,r~e ty. I E -- ~y L -- MLS py PINK -- OWNER copy Ray, 4/99 Prepared by: Jeff Davidson, JCCOG Exec. Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 99-336 RESOLUTION AUTHORIZING A 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY PROVIDING FOR FUTURE ANNEXATIONS AND EXTRATERRITORIAL REVIEW OF SUBDIVISION PLATS, AND REPEALING RESOLUTION 99-30. WHEREAS, Resolution 99-30 approved on January 26, 1999 has been replaced in its entirety by this resolution; and WHEREAS, the cities of Coralville and Iowa City have established long-range growth areas which are mutually exclusive; and WHEREAS, the cities of Coralville and Iowa City have used sewer service area as a principle criterion for the establishment of said long-range growth areas; and WHEREAS, Section 354.9 of the Code of Iowa (1999) establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, said section states that cities shall establish reasonable standards and conditions for review of subdivisions within overlapping two mile areas of extraterritorial jurisdiction via agreements pursuant to Iowa Code Chapter 28E (1999). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and City Clerk are hereby authorized to execute the 28E Agreement between the City of Coralville and the City of Iowa City which is attached hereto and incorporated by this reference. Said agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. The City Clerk is hereby authorized to record a cedi~ed copy of this resolution, with the executed agreement attached, in the Johnson County Recorder's office and to file a copy of the resolution and agreement with the Secretary of State, as required by Chapter 28E, Code of Iowa (1999). The Clerk is directed to request a copy of the returned recorded document for the permanent file maintained by the City Clerk. 3. Resolution 99-30 dated January 26, 1999 is repealed in its entirety. Resolution No. 99-336 Page 2 Passed and approved this 28th day of SeptemhPr ,1999. Y Ci~~ney'~_~'~ rney's e ~-2 ~ It was moved by Thornberry and seconded by Vanderhoef as read be adopted, and upon roll call there were: that the Resolution AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ppdadminVes%28esubdi.doc RESOLUTION NO. 99-281 RESOLUTION AUTHORIZING A 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY PROVIDING FOR FUTURE ANNEXATIONS AND EXTRATERRITORIAL REVIEW OF SUBDIVISION PLATS. WHEREAS, the cities of Coralville and Ioxva City, have established long-range growth areas which are mutually exclusive: and WHEREAS, the cities of Coralville, and Iowa City. have used sewer service area as a principle criterion for the establishment of said long-range growth areas; and WHEREAS, Section 354.9 of the Code of Iowa establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, said section states that cities shall establish reasonable standards and conditions for review of subdivisions within overlapping two-mile areas of extraterritorial jurisdiction via agreements pursuant to Iowa Code Chapter 28E; WHEREAS, accordingly, a 28E agreement bem, een the cities, providing for future annexation boundaries and establishing the standards and conditions for review of proposed subdivisions within overlapping two-mile areas of extraterritorial jurisdiction, has heretofore been prepared; and WHEREAS, said agreement has heretofore been reviewed and approved by both cities' staffs, administrations and Councils: and WHEREAS, said agreement having heretofore been signed on behalf of the City, of Iowa City, now needs to be executed on behalf of the City of Coralville; and WHEREAS, it would be in the best interest of the City of Coralville to enter into said 28E agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Coralville, Iowa, that the aforementioned 28E a~eement be and the same is hereby approved. Be it further resolved that the Mayor and the City Clerk are hereby authorized to execute said agreement on behalf of the City. Further the City Clerk is hereby authorized and directed to return said agreement to the City of Ioxva City with a certified copy of this Resolution so that same may be placed of record at the offices of the Johnson County Recorder and the Secretary of State in accordance with Chapter 28E of the Code of Ioxva. Passed and approved this 12th day of October, 1999. Ji / Fa ', Mayor ATTEST: Arlys Hannam,'~ity Clerk The above foregoing Resolution was introduced by Council Member Schnake, who moved its adoption. It was seconded by Council Member Lundell. After discussion, the following roll was called: AYES: Herwig, Lundell, Schnake & Weihe NAYS: None Absent: Jacoby Whereupon, the Mayor declared the motion duly carried and the Resolution duly adopted this 12th day of October, 1999. Ji t, Mayor ATTEST: Arlys Hanna~'7, City Clerk CERTI F I CATE Iowa, hereby certify that the foregoing u asse · ~ . meeting of said City Council held City Hall. Seal Ar~am,~Cit~ Prepared by: Jeff Davidson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 28E Agreement Between the City of Coralville and the City of Iowa City Providing for Future Annexations and Extraterritorial Review of Subdivision Plats This agreement is entered into pursuant to Chapter 28E, Code of Iowa (1999), by the City of Coralville, Iowa, hereinafter referred to as "Coralville," and the City of Iowa City, Iowa, hereinafter referred to as "Iowa City." WHEREAS, Coralville and Iowa City each have adopted long-range growth areas which are mutually exclusive; and WHEREAS, Section 354.9 of the Code of Iowa (1999) establishes the rights of cities to review subdivision plats within two miles of their corporate limits; and WHEREAS, Paragraph 3 of Section 354.9, Code of Iowa (1999), pertains specifically to overlapping areas of review between cities, and states that cities shall establish reasonable standards and conditions for review of subdivisions within overlapping two-mile areas of extraterritorial review via agreements pursuant to Iowa Code Chapter 28E (1999); and WHEREAS, Coralville and Iowa City entered into such an agreement the 27th day of September, 1994, and according to the provisions of that agreement it is now void; and WHEREAS, it is in the best interests of the citizens of both communities to enter into a new agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Coralville and Iowa City agree as follows: Coralville and Iowa City shall each retain exclusive review privileges for subdivisions proposed outside of each community's corporate limits, but within each community's respective Iong- range growth areas, as shown in the attached Figure 1A. When the area designated on the attached Figure 1A as "Iowa City Severing/Coralville Annexation Area" is developed so as to require municipal sanitary sewer, it shall be considered for severance by Iowa City and annexation by Coralville under applicable State law standards. = Within the area designated as Area A on the attached Figure 1A, review shall be exclusively by the City of Iowa City. Iowa City agrees to require urban design standards for streets, sidewalks, and stormwater for any county subdivision proposed between County Road W-66 and the Iowa River. Iowa City further agrees to preserve a corridor of 100 feet in width for the eventual extension of Oakdale Boulevard between County Road W-66 and Prairie du Chien Road, with the intention that said road shall be constructed in accordance with the 2 design standards adopted for the construction of Oakdale Boulevard west of County Road W-66. Within the area designated as Area B on the attached Figure 1A, a line is drawn dividing Area B into north and south portions. The northern portion of Area B shall be reviewed exclusively by the City of Coralville. The southern portion of Area B, including any subdivisions within the overlapping extraterritorial review area, shall be under the review authority of both Iowa City and Coralville, except for the portion south of the dotted line which is the subdivision review line. This southern area shall be reviewed exclusively by Iowa City. This agreement shall remain effective until any annexations occur outside of the respective growth boundaries of Coralville or Iowa City, or until the agreement is cancelled or modified by joint agreement of the Coralville City Council and the Iowa City City Council. This agreement shall be recorded in the Johnson County Recorder's Office and the Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1999), with each party shadng one-half of the recording cost. Executed with approval and on behalf of the City of Coralville and the City of Iowa City this 28th day of September ,1999. CITY OF CORALVILLE CITY OF IOWA CITY Mayor ATTEST: ATTEST: Cit~y~erY k~~ '~/'/'- ~'./z~ -) A by: Ct CiTY Of CORALVILLE ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /~,tL day of 22//"'~r-4'rj~ , 19 ~) , before me, /vr~.,/3 ~ z~a--cc~ , a Notary Public in and for the State of Iowa, personally%/'ppeared Jim Fausett and Arlys Hannam 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 Coralville, 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, passed by the City Council, and that Jim Fausett and Adys Hannam 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. for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) My commission expires: On this ~P 5 day of ~z f~ ~m b,~ r- 199ff, before me, -%o~ar-~ ~- ~:or+ , a Notary Public in ;and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and 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 (Ordinarv:.e) (Resolution) No. q~- ._.z~/~ passed by the City Council, on the ~ day of ~'~-ep4-~,~/afar- , 19 ~27 and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument t'o 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: jccogadm/agt~annex.doc Figure la Coralville-lowa City Annexation Agreement i CHESTER J. CULVER IOWA SECRETARY OF S'rA'rE HOOVER BUILDING, 2ND FLOOR DES MOINES, IOWA 50319 NOVEMBER 12, 1999 MARIAN K. KARR CITY OF IOWA CITY 410 EAT WASHINGTON ST. IOWA CITY, IA. 52240-1826 RE: Filing of 28E Agreement between the CITY OF CORALVILLE, IOWA and the THE CITY OF IOWA CITY, IOWA Dear Ms. KARR: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of NOVEMBER 12, 1999. Sincerely, Chester J. Culver Secretary of State CJC/mdb Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us Prepared by: David Schoon, Eco. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 99-337 RESOLUTION APPROVING THE CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN AND REPEALING RESOLUTION NO. 93-334. WHEREAS, the City Council for the City of Iowa City, Iowa, adopted Resolution No. 99-242 finding that the Central Business District Urban Revitalization Area meets the cdteria of Sections 404.1(3) and (4), Code of Iowa (1999), and that rehabilitation, conservation, redevelopment, economic development or a combination thereof of the area is necessary in the interest of the public health, safety or welfare of the residents of Iowa City; and WHEREAS, pursuant to Iowa Code §404.2 (1999), staff prepared a Central Business District Urban Revitalization Plan; and WHEREAS, the Council scheduled a public hearing on the Plan for 7:00 PM, August 24, 1999, in the City Council Chambers, Civic Center, 410 E. Washington Street., Iowa City, Iowa; and WHEREAS, public notice of this hearing was published in the Press-Citizen and notification of this hearing was mailed by ordinary mail to the last known address of all owners of record of property, and to the "occupants" of all city addresses located within the proposed Central Business Distdct Urban Revitalization Area, at least 30 days prior to the hearing date; and WHEREAS, Council held the public headng at the time and place scheduled and provided all persons appearing and desiring to be heard regarding the Plan the opportunity to be heard; and WHEREAS, the City of Iowa City previously approved Resolution No. 93-334 which approved the Block Sixty-Two (62) Urban Revitalization Plan; and WHEREAS, Block Sixty-Two will be contained in and better served by the Central Business District Urban Revitalization Plan such that the prior Resolution may be repealed as provided by Iowa Code Chapter 404 (1999). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council has held public hearings on the Central Business District Urban Revitalization Plan as required by Iowa Code ,~404.2 (1999). 2. The Central Business District Urban Revitalization Plan attached hereto is hereby approved. e Resolution No. 93-334, which approved the Block 62 Urban Revitalization Plan, is hereby repealed. Resolution No. 99-337 Page 2 Passed and approved this 28th ATTEST:Ci~T~R-~ -) 9/f/. day of September ,19 99 ' ity Art It was moved by Norton and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ecod ev\res\cd b u rb. d oc Central Business District Urban Revitalization Plan 1999 TABLE OF CONTENTS CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN Section I - Section 2- Section 3 - Section 4 - Section 5 - Section 6 - Addendum 1 - Addendum 2 Addendum 3 Addendum 4 Selection Criteria for Central Business District Urban Revitalization Area Code of Iowa Criteria City of Iowa City Policy Criteria CBD Urban Revitalization Plan Objectives The CBD Plan Components Description of CBD Urban Revitalization Area Existing Assessed Valuations of Real Estate and Owners of Record of Real Estate Land Use Proposals for Improving or Expanding City Services Applicability of Plan Qualifications for Eligibility Tax Exemption Schedules Relocation Provisions Federal, State, Local, or Private Grant or Loan Programs Available for Residential Improvements Prior Approval of Eligibility and Application for Tax Exemption Amendments to Plan Repeal of Ordinance Central Business District Urban Revitalization Area Map Existing Assessed Valuation of Real Estate and Owners of Record of Real Estate Central Business District Urban Revitalization Area - Existing Zoning Central Business District Urban Revitalization Area - Existing Land Use Map 2 Central Business District Urban Revitalization Plan SECTION 1: SELECTION CRITERIA FOR THE NEAR SOUTHSIDE CBD URBAN REVITALIZATION AREA CODE OF IOWA CRITERIA Under the Urban Revitalization Act of the State of Iowa, the City is granted the authority to designate portions of the City, which meet the specified criteria as revitalization areas. Accordingly, on July 13, 1999 the Iowa City City Council adopted a resolution finding that the proposed Central Business District Urban Revitalization Area meets the criteria of Section 404.1 (4) of the Code of Iowa (1999), namely that the rehabilitation, conservation, redevelopmerit, economic development or a combination thereof is necessary in the interests of the public health, safety and welfare of the residents of the City. Section 404.1 (4), Code of Iowa (hereafter "Code,") specifically states that the City may designate an area of the City a revitalization area if that area is "an area which is appropriate as an economic development area as defined in section 403.17." Section 403.17, Code defines an economic development area as "an area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises or housing and residential development for low and moderate income families, including single or multifamily housing." The Code also states that the City may designate an area of the City a revitalization area if that area is "an area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use." CITY OF IOWA CITY POLICY CRITERIA In December of 1997, the Iowa City City Council adopted the 1997 Iowa City Comprehensive Plan, which is a statement of goals and policies of the community. The Comprehensive Plan identifies five economic well-being goals, including one that states that the community should "improve the environmental and economic health of the community through the efficient use of resources". Under this goal the Plan identifies two strategies to use to achieve this goal. They include (1) encourage commercial activity to take place in existing core areas or neighborhood commercial centers; discourage the proliferation of new major commercial areas and (2) continue and enhance downtown revitalization. The Comprehensive Plan also suggests consideration of financial incentives and programs to facilitate achieving the economic well-being goals. Based on the City Council's intent, the properties set out in Addendure 1 are hereby designated as appropriate commercial uses for urban revitalization purposes, and are hereby declared to be included in the Central Business District Urban Revitalization Area (hereafter "CBD Area"), and said properties are further declared to be within this Central Business District Urban Revitalization Plan (hereafter "CBD Revitalization Plan"). The following historic or architecturally significant structures in the CBD Area are on the National Register of Historic Places (NRHP) or designated as an Iowa City Historic Landmark (ICHL): · Franklin Printing House - 115 S. Dubuque c. 1856 (both NRHP and ICHL) · First Congregational Church - 30 N. Clinton c. 1869 (both) · Trinity Episcopal Church - 320 E. College c. 1871 (both) · George Van Patten House - 9 S. Linn c. 1873 (both) Central Business District Urban Revitalization Plan · College Block Building - 127 E. College c. 1883 (both) · Boerner-Fry Co Building {Davis Hotel) - 332 E. Washington c. 1900 (NRHP) · Paul-Helen Building - 207-215 E. Washington c. 1910 (both) · Old Post Office (Senior Center) - 27 S. Linn (NRHP) In addition to those structures already designated as historic properties, the CBD contains numerous buildings that for reasons of age, history, architecture, or significance are eligible for listing on the National Register of Historic Places. Those properties over 50 years of age that are designated as historic structures, or that are determined to be eligible for designation by the Iowa City Historic Preservation Commission, shall be considered "historic or architecturally significant structures" for the purposes of fulfilling the objectives of this CBD Urban Revitalization Plan. The Historic Preservation Commission is in the process of surveying properties within the CBD Area to identify historic resources that are eligible for designation either individually or as part of a historic district. Upon completion of the survey, this information will be available to the Historic Preservation Commission in making .its determinations of eligibility. Prior to the completion of the survey, eligibility shall be determined based on the National Register Criteria (36 (CFR) Part 60) or criteria identified in City Code Section 14-4C-2 for determining eligibility of potential Historic Landmarks. CBD URBAN REVITALIZATION PLAN OBJECTIVES The primary objective of this CBD Urban Revitalization Plan is to encourage the revitalization of commercial activity in and the reuse of historic and architecturally significant structures in the CBD Area, The City of Iowa City has recently made a substantial investment in the downtown Iowa City to ensure the continued vitality of this center of the community. This investment was made in response to aging and dilapidating infrastructure and a concern for the economic health of downtown in the face of significant growth in suburban retail markets. In a citizen based Downtown Strategy and Action Plan endorsed by the City Council in 19997, public sector and private sector partnerships are encouraged to address the revitalization of downtown. The granting of property tax exemption on the added value of private improvements is one such partnership and will provide an incentive to property owners and business tenants to reinvest in non-residential commercial activities in the downtown area either in the form of rehabilitations, additions, or new construction, Though the zoning ordinance permits commercial residential uses within the CBD Area, the City Council has determined that encouragement of "commercial residential development" is not needed in the CBD Area. The Council finds that the market, itself, drives the attractiveness of this area for high-density residential uses. The Council further finds that the use of financial incentives, such as property tax exemption, is necessary to encourage the development of high density non-residential commercial uses in the core area of the community. Consequently, the primary objective of this CBD Revitalization Plan is to encourage the revitalization and redevelopment of the CBD Area for commercial uses other than commercial residential uses, and to encourage the reuse of historic and architecturally significant structures in the CBD Area. To achieve these objectives, the City of Iowa City shall undertake the urban revitalization activities as specified in this CBD Revitalization Plan, pursuant to the powers granted to the City under Chapter 404, Code of Iowa (1999). 4 Central Business District Urban Revitalization Plan SECTION 2: THE CBD URBAN REVITALIZATION PLAN COMPONENTS DESCRIPTION OF CBD URBAN REVITALIZATION AREA The legal description of the Central Business District Urban Revitalization Area is: Blocks 61-66 and 80-84 of Original Town as described in the attached Addendure 1, which is attached hereto and incorporated by reference herein. EXISTING ASSESSED VALUATION OF REAL ESTATE AND OWNERS OF RECORD OF REAL ESTATE Addendum 2, which is attached hereto and incorporated by reference herein, contains existing assessed valuations of all real estate in the CBD Area, and contains a listing of the names and addresses of the owners of record of real estate within the CBD Area. LAND USE Existing Zoning The existing zoning of the project area as identified on the Iowa City Zoning Map is Central Business (CB-10) Zone and Public (P) Zone; see attached Addendum 3 for existing zoning. The existing zoning is generally consistent with the proposed land uses as illustrated on the 1997 Iowa City Comprehensive Plan Map. Existing Land Uses The existing land uses in the CBD Area include commercial uses (retail, office, and non- residential), residential uses, religious uses, and public uses; see attached Addendum 4 for existing land uses. Proposed Land Uses The proposed land uses in the CBD Area shall be consistent with the City Zoning Ordinance and the 1997 Iowa City Comprehensive Plan. 5 Central Business District Urban Revitalization Plan PROPOSALS FOR IMPROVING OR EXPANDING CITY SERVICES The City Council has evaluated whether a need exists for improving or expanding city services within the CBD Area including, but not limited to, transportation facilities, sanitary sewer, solid waste collection, street maintenance, park facilities, and police and fire protection. To this end, the City Council hereby identifies the following improvements that would enhance redevelopment and revitalization of said CBD Area. · Downtown Streetscape Improvements · Iowa Avenue Streetscape Improvements · Iowa Avenue Multi-Use Parking Facility · New and Expanded Destination · Transit Facility Interchange · Improved Maintenance & Security · Additional Year-Round Activities, such as weekly concerts and annual festivals. APPLICABILITY OF THE PLAN Land Uses This CBD Revitalization Plan is applicable to all qualified real estate assessed as commercial property. Only the non-residential commercial component of the property qualifies for property tax exemption. However, any reuse of a historic structure assessed as residential, residential commercial, or non-residential commercial property shall be considered qualified real estate. Types of Construction Eligible Eligible construction includes rehabilitation and additions to existing property and new construction for all property defined as qualified real estate herein. In order for the rehabilitation, additions, or new construction to qualify for property tax exemption, said rehabilitation, additions, or new construction must begin after adoption of this CBD Revitalization Plan and the corresponding Ordinance. New construction that requires the demolition of structures identified in this CBD Revitalization Plan as historic and/or architecturally significant is not eligible for property tax exemption. All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible. The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised edition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed exterior renovation must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to issuance of a building permit in order for the improvements to qualify for property tax exemption. The design for all rehabilitation, additions, and new construction of non-historic structures must be submitted to the Iowa City Design Review Committee for review and recommendation. The Design Review Committee recommendation will be submitted to the 6 Central Business District Urban Revitalization Plan Iowa City City Council for review and approval. The City CoUncil must approve the exterior design for all rehabilitation, additions, and new construction of non-historic structures prior to issuance of a building permit in order for the improvements to qualify for property tax exemption. Time Frame The CBD Area shall remain a designated revitalization area for ten years from the date of designation. Revenue Bonds The City has no plans to issue revenue bonds for revitalization projects within the CBD Area. QUALIFICATIONS FOR ELIGIBILITY Qualified property improvements include rehabilitation and additions to existing structures and new construction for property assessed as commercial property defined above as qualified real estate, see "Applicability of the Plan, Land Uses and Types of Construction Eligible." Qualified property improvements do not include new construction that requires the demolition of structures identified herein as historic and/or architecturally significant. In order to be considered eligible, all improvements must be completed in conformance with all applicable regulations of the City of Iowa City. All improvements must also increase the actual value of the property as of the first year for which an exemption is received by at least fifteen percent (15%) in the case of real property assessed as commercial property and by at least ten percent (10%) in the case of real property assessed as residential property. Actual value added by improvements defined as eligible herein means the actual value added as of the first year for which the exemption was received. TAX EXEMPTION SCHEDULE Tax exemption on qualifying improvements shall follow one of four schedules as set out by state law. Eligible property owners shall elect one of the four schedules. Once the election has been made and the exemption granted, the owner is not permitted to change the method of exemption. Exemption schedules are as follows: All qualified real estate assessed as residential property is eligible to receive an exemption from taxation based on the actual value added by the improve- ments. The exemption is for a period of ten (10) years. The amount of the exemption is equal to a percent of the actual valued added by improvements, determined as follows: one hundred fifteen percent (115%) of the value added by the improvements. However, the amount of the actual value added by the improvements which shall be used to compute the exemption shall not exceed twenty thousand dollars (~20,000) and the granting of the exemption shall not result in the actual value of the qualified real estate being reduced below the actual value on which the homestead credit is computed under section 425.1, Code of Iowa (1999). Central Business District Urban Revitalization Plan All qualified real estate is eligible to receive a partial exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten (10) years. The amount of the partial exemption is equal to a percent of the actual value added by the improvements, determined as follows: a. For the first year, eighty percent (80%). b. For the second year, seventy percent (70%). c. For the third year, sixty percent (60%). d. For the fourth year, fifty percent (50%). e. For the fifth year, forty percent (40%). f. For the sixth year, forty percent (40%). g. For the seventh year, thirty percent (30%). h. For the eight year, thirty percent (30%). i. For the ninth year, twenty percent (20%). j. For the tenth year, twenty percent (20%). All qualified real estate is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements. The exemption is for a period of three (3) years. All qualified real estate assessed as residential property or assessed as commercial property is eligible to receive a one hundred percent (100%) exemption from taxation on the actual value added by the improvements, but only if the commercial property consists of three (3) or more separate living quarters with at least seventy-five percent (75%) of the space used for residential purposes. The exemption is for a period of ten (1 O) years. RELOCATION PROVISIONS The City has considered provisions for the relocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated CBD Area. Upon such consideration, the following shall be provided under the CBD Revitalization Plan: Benefits Upon application for and the City's verification of a property owner's eligibility for tax exemption, qualified tenants in the designated CBD Area shall be compensated by the property owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of the property owner to qualify for said tax exemption. 8 Central Business District Urban Revitalization Plan Eligibility "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within the designated CBD Area where the person or family has occupied the same dwelling unit continuously for twelve (12) months prior to the City's adoption of this CBD Revitalization Plan. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: Transportation of the displaced person displacement site to the replacement site. beyond twenty-five miles are not eligible. and personal property from the Transportation costs for a distance b. Packing, crating, unpacking and uncrating of personal property. Cm Disconnecting, dismantling, removing, reassembling and reinstailing relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. 9 Central Business District Urban Revitalization Plan SECTION 3: FEDERAL, STATE, LOCAL OR PRIVATE GRANT OR LOAN PROGRAMS AVAILABLE FOR RESIDENTIAL IMPROVEMENTS Community Development Block Grants (CDBG) CDBG monies are federal monies that are appropriated to the City of Iowa City on an annual basis. Use of the CDBG monies must benefit low or moderate-income persons. Federal Tax Credit for Historic Structures The federal government provides a federal tax credit for rehabilitation of properties listed on the National Register of Historic Places. HOME Program HOME funds are appropriated by Congress to HUD for housing activities. In Iowa City, these HOME funds are allocated through and administered by the Iowa Department of Economic Development. As with CDBG, HOME funds are designed to provide housing assistance to low and moderate income persons. SECTION 4: PRIOR APPROVAL OF ELIGIBILITY AND APPLICATION FOR TAX EXEMPTION A person may submit a proposal for an improvement project to the City to receive prior approval for eligibility for a tax exemption on the project, pursuant to Section 404.4, Code of Iowa (1999). An application shall be filed for each new exemption claimed and approved by the City Council pursuant to Section 404.4, Code. The City Assessor shall physically review each first-year application pursuant to Section 404.5, Code. SECTION 5: AMENDMENTS TO CBD REVITALIZATION PLAN Once the City has adopted the CBD Revitalization Plan herein, the City may amend the plan, but only after a public hearing before the City Council. Notice of said hearing on proposed amendments shall be published as required in Section 362.3, Code of Iowa (1999), provided that at least seven (7) days notice is given, and that said public hearing is held no earlier than the next regularly scheduled City Council meeting following the published notice. 10 Central Business District Urban Revitalization Plan SECTION 6: REPEAL OF ORDINANCE When in the opinion of the City Council the desired level of revitalization has been attained or economic conditions are such that the continuation of the exemption granted by this CBD Revitalization Plan would cease to be of benefit to the City, the City Council may repeal the ordinance establishing the CBD Area. In that event, all existing exemptions shall continue until their expiration. Approved By ~ C~ty tt rney Shared\ecodev\cbdupr.doc 11 Central Business District Urban Revitalization Plan Addendum 1 CITY OF IOWA CITY I I I IOWA AVE IOWA AVE f, ..... !,~ i City of Io~va City ® rn Central Business District Urban Revitalization Area ADDENDUM 2 - CENTRAL BUSINESS DISTRICT URBAN REVITALIZATION PLAN ASSESSED VALUATION OF REAL ESTATE & OWNERS OF RECORD OF REAL ESTATE 1998 CURRENT ASSESSMENTS PARCEL # 1010311001 OtJNER'S NAME & HAILING ADDRESS BILL HIHALOPOULOS 1105 W BENTON ST IOWA CITY IA 52246 PROPERTY ADDRESS 1S DUBUQUE ST LAND BUILDING & ASSESSED IMPROVEMENT VALUE ASSESSED VALUE $159,800 $270,170 TOTAL S429,970 1010311002 DUSS PROPERTIES 4558 SAN SIRO DR SARASOTA FL 34235 5 S DUBUQUE ST $65,800 $158,550 $224,350 1010311003 RINELLA BUILDING PARTNERSHIP %EDRIS J MCCARTHY 1409 LACHMAH L PACIFIC PALISADES CA 90272 7 S DUBUQUE ST $79,900 $126,080 $205,980 1010311004 EUGENE F FISHER 533 SOUTHGATE AVE %CHAMBERS AGEN IOWA CITY IA 52240 9 S DUBUQUE ST $86,700 $125,640 $212,340 1010311005 MAUREEN A MONDANARO 114 COLLEGE ST %FRESH FOODS CONC IOWA CITY IA 52240 11S DUBUQUE ST $99,620 $152,690 $252,310 1010311006 THE WiLLJAMS CO 19-21S DUBUQUE ST IO~A CITY IA 52240-3902 13 S DUBUQUE ST $188,530 $449,480 $638,010 1010311008 SARAH GRAHAM BELL & JOHN H GRAHA %GERRY AMBROSE 250 12TH AVE ST CORALVILLE IA 52241-2928 121 IO~A AVE $209,140 $333,420 $542,560 1010311009 HARRY BREMER ESTATE IOWA STATE BANK & TRUS PO BOX 17 IOWA CITY IA 52244 119 IOWA AVE S106,210 $54,350 $160,560 1010311010 HARRY BREHER ESTATE % CARDAN INC 115 IOWA AVE IOWA CiTY IA 52240 117 IOWA AVE S111,270 $89,090 $200,360 1010311011 DANIEL BERRY 115 IOWA AVE IOWA CITY [A 52240 115 IOWA AVE $86,400 $115,460 $201,860 1010311012 DANIEL L BERRY 2905 BROOKSIDE DR IOWA CITY IA 52245 113 IOWA AVE $86,400 $128,710 $215,110 1010311013 DEY BUILDING L L C 8 S CLINTON ST IOWA CITY IA 52240 105 IOWA AVE $512,250 $901,900 $1,414,150 1010311014 DEAN G & EVELYN M OAKES PO BOX 1456 IOWA CITY IA 52244 12 S CLINTON ST $227,000 S348,020 $575,020 Page 1 >ARCEL # 1010311015 1010311016 1010311017 1010311018 1010311019 1010311020 1010311021 1010311022 1010311023 1010311024 1010311025 1010311026 1010311027 1010311028 Page 2 13.,/NER'S NAME & MAZLZNG ADDRESS CAMAY ENTERPRISES COMPANY, LTD 3725 FOREST GATE DR NE IOWA CITY , IA 52240 ALFRED J & MARY A MCDONALD 621N VAN BUREN ST IO~A CITY IA 52245 LAURENCE SHORT PO BOX 1126 IOWA CITY ET AL 52244 LAURENCE SHORT ETAL PO BOX 1126 IOWA CITY IA 52244 RINELLA BUILDING PARTNERSHIP %EDRIS J MCCARTHY 1409 LACHMAN L PACIFIC PALISADES CA 90272 FRANK C BYERS 940 WHELK DR SANIBEL FL 33957-4814 FRANK C BYERS 940 WHELK DR SANIBEL FL 33957-4814 ROBERT J & ~ILLIAM D NOSER 28 S CLINTON ST 10~A CITY IA 52240 GILDA V & ERICH W SIX 1224 MELROSE AVE IO~A CITY IA 52246 WILLIAM M & HELEN B BYINGTON 1557 SOMERSET LN IOWA CITY IA 52240 M C GINSBERG JEWELERS, INC. 110 WASHINGTON ST IOWA CITY IA 52240 WASHINGTON STREET PROPERTIES C/O GARY L. FINK 4 PRINCETON CT IOWA CITY IA 52245 F & S PROPERTIES 4 PRINCETON CT IOWA CITY IA 52245 LUBIN & GOLDBERG XlOWA STATE BANK PO BOX 1700 IOWA CITY IA 52244 PROPERTY ADDRESS 14 S CLINTON ST 16 S CLINTON ST 18 S CLINTON ST 20 S CLINTON ST 22 S CLINTON ST 24 S CLINTON ST 26 S CLINTON ST 28 S CLINTON ST 30 S CLINTON ST 32 S CLINTON ST 110 WASHINGTON ST 112 WASHINGTON ST 114 WASHINGTON ST 118 WASHINGTON ST LAND ASSESSED VALUE $118,000 S123,900 $82,600 $96,000 $121,900 $132,500 $106,000 $91,000 $91,000 $158,500 $85,500 S90,000 S231,750 $131,000 BUILDING & IMPROVEMENT ASSESSED VALUE $142,410 $159,510 $127,320 S145,820 $161,550 $172,310 $145,080 $169,190 $121,660 $218,180 $163,100 $127,930 $313,510 $242,890 TOTAL $260,410 $283,410 S209,920 $241,820 S283,450 $304,810 $251,080 $260,190 $212,660 $376,680 $248,600 $217,930 $545,260 $373,890 PARCEL # 1010311029 O~NERIS NAME & MAILING ADDRESS HARRY BREMER ESTATE XIO~A STATE BANK & TRS PO BOX 17 ICYe/A CITY IA 52244 1010311030 OLD TO~N PROPERTIES C/O GARY FINK 4 PRINCETON CT IOWA CITY IA 52245 1010311031 EVELYN M OAKES PO BOX 1456 IC~/A CITY IA 52244 1010311032 HARRY BREMER ESTATE %IOWA STATE BANK & TRS PO BOX 17 IOWA CITY IA 52244 1010311033 , HARRY BREMER ESTATE %IOt,/A STATE BANK PO BOX 1700 IO~A CITY IA 52244 1010311034 HARRY BREMER ESTATE %IOWA STATE BANK & TRS PO BOX 17 IC~A CiTY IA 52244 1010311035 HAZEL J & RICHARD MILLER 37 BROOKFIELD DR IOWA CITY IA 52245 1010311036 MACHT INC XBILL NUSSER 19-21S DUBUQUE ST IOt~A CITY IA 52240-3902 1010311037 MACNT INC %BILL NUSSER 19-21S DUBUQUE ST IO~A CITY , IA 52240-3902 1010311038 LAURENCE R SHORT PO BOX 1126 IOWA CITY IA 52244-1126 1010312001 GILDA & ERICH W SIX 1244 MELROSE AVE IO~A CiTY , IA 52246 1010312002 BRUEGGERS BAGEL 720 LIBERTY WAY NORTH LIBERTY 52317 1010312003 ENTERPRISE INVESTMENT GROUP L L 2615 FERNDALE DR IC~A CITY , IA 52245 1010312004 ENTERPRISE INVESTMENT GROUP LLP 2615 FERNDALE DR IOWA CiTY , IA 52245 Page 3 PROPERTY ADDRESS 120 1/2 WASHINGTON ST 124 WASHINGTON ST 126 WASHINGTON ST 128 WASHINGTON ST 130 WASHINGTON ST 132 WASHINGTON ST 23 S DUBUQUE ST 21S DUBUQUE ST 19 S DUBUQUE ST 17 S DUBUQUE ST 229 IO~A AVE 225 IOWA AVE 9 S LINN ST 13 S LINN ST LAND ASSESSED VALUE $255,850 $116,000 $110,000 $100,000 $100,000 $115,000 $86,700 $86,700 $91,800 $104,740 $178,500 $96,770 $126,000 BUILDING & IMPROVEMENT ASSESSED VALUE $526,110 $201,860 $127,500 $120,180 $120,180 $176,670 $162,120 $128,450 $138,340 S1~,970 S79,380 $221,190 $90,420 $297,800 TOTAL $781,960 $317,860 $237,500 $220,180 $220,180 $291,670 $248,820 $215,150 $225,040 S265,770 $184,120 S399,690 $187,190 $423,800 'ARCEL # ,0103120~ ,010312007 1010312008 1010312009 1010312010 1010312011 1010312012 1010312014 1010312015 1010312016 1010312017 1010312019 1010312020 1010313002 Page 4 O~NER'S NAME & NAILING ADDRESS REARDON APARTNENTS 1218 HIGHLAND CT IC~A CITY ]A ROY L YELDER 521HELROSE CT IO~A CITY IA JANET L MOORE & C ROBERT WIKEL 3771 COTTAGE RESERVE RD NE SOLON [A JANET L MOORE & C ROBERT WIKEL 3771 COTTAGE RESERVE RD NE SOLON IA THE DEADt~30D 6 S DUBUQUE ST IOt,/A CITY IA DONALD L STALKFLEET 3105 DUBUQUE ST NE IO~A CITY IA DONALD L STALKFLEET 3105 DUBUQUE ST NE IOt4A CiTY IA DONALD L STALKFLEET 3105 DUBUQUE ST NE lOtqA CITY IA FIRST NATIONAL BANK PO BOX 1880 I(NA CITY IA FIRST NATIONAL BANK PO BOX 1880 IO~/A CITY IA LASANSKY CORP 216 ~ASHINGTON ST 10~4A CITY IA ROY YELDER 521HELROSE CT IOWA CITY IA FIRST NATIONAL BANK PO BOX 1880 IOWA CITY IA RICHARD ~ PATTSCHULL 315 FAIRVIE~ AVE IO~/A CITY IA 52240 52246 52333 52333 52240 52240 52240 52240 52244 52244 52240 52246 52244 52245 PROPERTY ADDRESS 215 IOWA AVE 211 IOWA AVE 2 S DUBUQUE ST 4 S DUBUQUE ST 6 S DUBUQUE ST 10 S DUBUQUE ST 12 S DUBUQUE ST 14 S DUBUQUE ST 204 ~ASHINGTON ST 214 ~ASHINGTON ST 216 ~ASHINGTON ST 220 ~ASHINGTON ST 230 ~ASHINGTON ST 2 S LINN ST LAND ASSESSED VALUE $82,600 $165,200 $110,250 $85,850 $193,160 $94,440 $98,730 $85,850 $594,360 $179,990 $100,300 $140,430 $582,600 $201,000 BUILDING & IMPROVEMENT ASSESSED VALUE $189,270 $271,960 $138,650 $138,650 $240,670 $213,650 $175,980 $159,980 $1,676,460 $2,4345,280 $261,230 $272,510 $195,530 $351,770 TOTAL $271,870 $/+37,160 $248,900 $224,500 $433,830 $308,090 $274,710 $245,830 $2,270,820 $2,616,270 $361,530 $412,940 $778,130 $552,770 PARCEL # 1010376001 1010376002 1010376003 1010376004 1010377001 10103~002 1010377003 1010377004 1010377005 1010377007 1010377008 1010377009 1010377010 1010378001 Page 5 Qt4NER'S NAME & MAILING ADDRESS THE CITIZEN BUILDING LIMITED PAR 319 E WASHINGTON ST #111 IOt~A CITY , IA 52240 ROBERT WALLACE FOX PO BOX 5537 CORALVILLE , IA 52241-5537 M,S.D.H. ASSOCIATES 122 S LINN ST ICYdA CITY , [A 52240 HASONIC ASSOCIATION 312 COLLEGE ST IOWA CiTY · IA 52240 WALTER A DOBRIAN & LOUISE DOBRIA 316 DARTMOUTH ST IOt4A CITY , IA 52245 CAMAY ENTERPRISES COMPANY, LTD. 3725 FOREST GATE DR NE iO~A CITY , IA 52240 CRAIG HAESEMEYER 223 ACCOUNT MANAGEMENT 218 E WAS IOWA CITY [A 52240 CENTRAL STATES THEATRES CORP 414 INSURANCE EXC.BLDG 505 FIFTH DES NOINES ]A 50307 HA~KEYE-BAY STATES L L C 9 WESTVIEW ACRES NE IO~A CiTY IA 52240 D K TRUST % IO~A STATE BANK PO BOX 1700 iOWA CITY IA 52244 DEAN G OAKES & BARKER DEVELOPMEN PO BOX 1456 IOWA CITY IA 52244 STEPHEN A MOSS 6 KENRUTH CiR NE IOWA CiTY IA 52240 LENOCH & CILEK 1558 MALL DR iCYWA CITY IA 52240 UNIVERSITY OF IOWA FACILITIES CO PO BOX 4550 IO~A CiTY IA 52244-4550 PROPERTY ADDRESS 319 WASHINGTON ST 108 S LINN ST 122 S LINN ST 312 COLLEGE ST 229 WASHINGTON ST 227 WASHINGTON ST 223 WASHINGTON ST 217 WASHINGTON ST 207 WASHINGTON ST 114 S DUBUQUE ST 118 S DUBUQUE ST 124 S DUBUQUE ST 130 S DUBUQUE ST 125 WASHINGTON ST LAND ASSESSED VALUE S195,750 S387,600 $283,500 $44,250 $251,600 $100,300 $185,560 $315,950 $589,060 $200,800 $225,000 $150,000 $500,000 $451,800 BUILDING & IMPROVEMENT ASSESSED VALUE S232,300 $854,540 $882,990 $109,890 $345,770 S271,210 $606,420 $363,440 $1,138,800 $263,480 $390,330 S296,300 $727,710 $371,540 TOTAL $~28,050 $1,242,140 $1,166,490 $154,140 $597,370 $371,510 $791,980 $679,390 $464,280 $615,330 $446,300 Sl,227,710 $823,340 )ARCEL # 1010378002 1010378003 1010378004 1010378005 1010378006 1010378007 1010378008 1010376009 1010378010 1010378011 1010378012 1010378013 1010378014 1010378015 Page 6 O~NER'S NAHE & MAILING ADDRESS UNIVERSITY OF IOt, rA FACILITIES CO PO BOX 4550 IOWA CiTY [A 52244-4550 UNIVERSITY OF IOWA FACILITIES CO PO BOX 4550 IOt4A CITY IA 52244-4550 JOHN S KOZA 209 LEXINGTON AVE iOWA CiTY IA 52246 JOHN S KOZA 209 LEXINGTON AVE IOWA CITY [A 52246 ALAN ~IDISS 316 KIMBALL RD IOWA CITY [A 52245 ALAN WIDISS 316 KIMBALL RD IO~A CITY IA 52245 ALAN WIDISS 316 KIMBALL RD IOWA CITY IA 52245 YOUNKERS 750 LAKESHORE PKY BIRMINGHAM AL 35211 IO~A STATE BANK & TRUST CO X YOUNKERS INC PO BOX 20080 JACKSON MS 39289 YOUNKERS 750 LAKESHORE PKY BIRMINGHAM AL 35211 NUSSOYD BUILDING COMPANY L L P 508 RIVER ST IOWA CITY IA 52246 NUSSOYD BUILDING COHPANY L L P 508 RIVER ST IOWA CITY IA 52246 ICYv/A STATE BANK & TRUST CO 102 S CLINTON ST IOWA CITY IA 52240 IOWA STATE BANK & TRUST CO 102 S CLINTON ST IOWA CITY , IA 52240 PROPERTY ADDRESS 109 S DUBUQUE ST 109 S DUBUQUE ST 111S DUBUQUE ST 115 S DUBUQUE ST 123 WASHINGTON ST 121 WASHINGTON ST 119 WASHINGTON ST 115 WASHINGTON ST 113 WASHINGTON ST 111 WASHINGTON ST WASHINGTON ST 109 WASHINGTON ST 107 WASHINGTON ST 102 S CLINTON ST LAND ASSESSED VALUE $90,000 $0 $95,000 $95,000 $118,000 $118,000 $118,000 $247,300 $118,250 $133,000 $3,080 $80,000 $72,000 $380,950 BUILDING & IMPROVEMENT ASSESSED VALUE $0 $65,620 $160,310 $171,760 $153,620 $186,720 S169,210 $464,580 $286,120 $0 $158,120 $108,710 S996,750 TOTAL $90,000 $65,620 $255,310 $266,760 $271,620 $304,720 $287,210 $711,880 $404,370 $507,170 $3,080 $238,120 $180,710 $1,377,700 PARCEL # 1010378017 1010378018 1010378019 1010378020 1010378021 1010378022 1010378023 1010378024 1010378025 1010379001 1010380003 1010380004 1010380005 1010380006 Page 7 O~NERaS MANE & MAILING ADDRESS ENZLERmS 118 S CLINTON ST IOWA CITY IA 52240 MARK R PIEPER 1243 DEVON DR NE IO~A CITY IA 52240 EADIE F & MARK R WEAVER 604 PARK RD IO~A CITY [A 52246 TULA MARLAS & CHRIST MARLAS 425 RIVER ST IO~A CITY IA 52246 HENRY W LOUIS 506 COLLEGE ST IO~A CITY IA 52240 JOHN E SCHUPPERT ET AL 1641 MORNINGSIDE DR IO~A CITY IA 52245 JAHES MONDANARO 114 COLLEGE ST %FRESH FOODS CONC IO~A CITY IA 52240 120 BUILDING CO PO BOX 2150 IOWA CITY IA 52244 PLAZA CENTRE ASSOCIATES 125 S DUBUQUE ST PLAZA CENTRE SU IOWA CITY IA 52240 OLD CAPITOL MALL ASSOCIATES L P 437 GRANT ST SUITE 1600 PITTSBURGH PA 15219 HIP IOWA CITY LLC 210 S DUBUQUE ST IOWA CITY IA 52240 COLLEGE BLOCK PARTNERS XED J ZASTROW 9 S MT VERNON DR IOWA CITY IA 52245 RUTH V SWISHER REVOCABLE TRUST 2701 WEST AVE BURLINGTON IA 52601 RUTH V SWISHER REVOCABLE TRUST 2701 WEST AVE BURLINGTON [A 52601 PROPERTY ADDRESS 114 S CLINTON ST 124 S CLINTON ST 138 S CLINTON ST 150 S CLINTON ST 110 COLLEGE ST 112 COLLEGE ST 114 COLLEGE ST 118 COLLEGE ST 125 S DUBUQUE ST 201S CLINTON ST 210 S DUBUQUE ST 127 COLLEGE ST 121 COLLEGE ST 117- COLLEGE ST LAND ASSESSED VALUE $353,750 $65,000 $250,000 $164,400 $102,000 $112,250 $236,000 $236,000 $790,200 $3,661,600 $1,305,760 S241,900 $277,300 $194,700 BUILDING & IMPROVEMENT ASSESSED VALUE $513,470 $63,300 S351,290 $142,720 $110,800 $160,330 $379,710 $329,7'50 $3,660,200 $17,155,180 $12,056,500 $252,590 $440,080 $224,450 TOTAL $867,220 $128,300 $601,290 $307,120 $212,800 $272,580 $615,710 $565,730 $4,450,400 $20,816,780 S13,362,260 $494,490 S717,380 $419,150 'ARCEL # ,010380007 ,010380008 1010380009 1010380010 1010380011 1010380012 1010380013 1010380014 1010380015 1010380018 1010380019 1010381001 1010381002 1010381003 Page 8 OWNER,S NAME & MAILING ADDRESS NANCY A FAUX-BURHANS 115 COLLEGE ST lOtJA CITY , IA 52240 CLINTON STREET PARTNERS 111E COLLEGE ST PLAZA [Ot4A CITY , IA 52240 ROBERT C STEWART 1025 SUMMITT HILLS LN NAPERVILLE IL 60563-2240 THE MOEN GROUP 123 N LINN ST SUITE 300 IO~A CITY IA 52245 MICHAEL S, CHRISTINE M & MARC B C/O RENTALS BY IVETTE PO BOX 576 IOWA CITY IA 52244 MICHAEL S, CHRISTINE M & MARC B C/O RENTALS BY IVETTE PO BOX 576 IOWA CiTY IA 52244 LELAND NOVOTNY & GENE NOVOTNY 903 SOUTHLAWN DR IOWA CITY IA 52245 RICHARD M YOCK & M ANN KARLBERG 5958 ALLERTON DR ROCKFORD lL 61114 KEITH D & KIMBERLEE VILLHAUER 2630 PRINCETON RD IOWA CiTY IA 52245 VIVIAN MANN 1916 MAPLE CIRCLE WEST DES MOINES IA 50265 HAWKEYE STATE BANK P.O. BOX 1697 IOWA CITY [A 52244 SOUTH LINN PARTNERS 414 MARKET ST IOWA CITY IA 52240 LEFF, LEFF, HAUPERT & TRAW BUILD 222 S LINN ST PO BOX 2447 IOWA CITY IA 52244 NANCY G KENNEDY 2 ASHt, KX)O DR IOWA CITY IA 52245 PROPERTY ADDRESS 115 COLLEGE ST 111 1/2 COLLEGE ST 109 COLLEGE ST 103 COLLEGE ST 210 S CLINTON ST 212 S CLINTON ST 224 S CLINTON ST 228 S CLINTON ST 102 E BURLINGTON ST 120 E BURLINGTON ST 229 S DUBUQUE ST 307 COLLEGE ST 220 S LINN ST 224 S LINN ST LAND ASSESSED VALUE $129,800 $230,100 $112,100 $313,600 $63,000 $172,550 S219,170 $93,170 $163,930 S168,150 $398,600 $398,250 $125,000 $87,500 BUILDING & IMPROVEMENT ASSESSED VALUE S193,390 S~37,390 $173,110 $594,350 $147,000 $381,160 $331,010 $216,430 $62,450 $179,530 S1,005,930 $482,250 S333,080 $82,080 TOTAL $323,190 $667,490 $285,210 $907,950 $210,000 S553,710 $550,180 $309,600 $226,380 $347,680 $1,404,530 $880,500 $458,080 $169,580 aARCEL # 1010181004 1010381005 1010436003 1010436004 1010436005 1010452001 1010459001 1010459002 1010459004 1010459005 IC000006~6 XX58008002 XX58010005 XX59145000 Page 9 C)t4NER'S NAME & MAILING ADDRESS MACHT, ]NC 19-21S DUBUQUE ST IOWA CITY IA 52240-3902 JAMES A & LORETTA C CLARK 414 E MARKET ST IOWA CITY IA 52240 DENNIS VISSER 328 WASHINGTON ST IOWA CITY [A 52240 JOE ROHWEDDER 720 3RD AVE IOWA CITY IA 52245 DAVIS BUILDING % BRUCE R GLASGOW 834 N JOHNSON IOWA CITY IA 52245 SOUTHGATE DEVELOPMENT COMPANY IN P.O. BOX 1907 IOWA CITY IA 52244-1907 MAIN STREET PARTNERS 414 E MARKET ST IOWA CITY IA 52245 ZAVASH ZAREI & ZOHREH A ASADZADE 1746 BROWN DEER RDG CORALVILLE IA 52241 JOHN & PAMELA S DANNEMAN 313 S LOCUST ST MONTICELLO IA 52310 GWG INVESTMENTS % JUDY HOUGHTON 3370 KENRUTH CIR IOWA CITY IA 52240 410 WASHINGTON STREET IOWA CITY , IA 52240 LORA ALBERHASKY 14 S LINN ST IOWA CITY IA 52240 LORA MARIE ALBERHASKY 14 S LINN ST IOWA CITY , IA 52240 MARNET PROPERTIES %BENJAMIN C SUITE 201 218 E WASHINGTON ST IOWA CITY , IA 52240 PROPERTY ADDRESS 304 E BURLINGTON ST ]10 E BURLINGTON ST 328 WASHINGTON ST 330 WASHINGTON ST 332 WASHINGTON ST 325 WASHINGTON ST 315 COLLEGE ST 322 E BURLINGTON ST 225 S GILBERT ST 340 E BURLINGTON ST DUBUQUE/COLLEGE 14 S LINN ST S LINN ST 218 WASHINGTON ST LAND ASSESSED VALUE $148,800 S283,200 $212,400 $99,120 $94,880 $371,000 $545,750 $94,400 $0 S156,800 $0 $115,000 $92,500 $135,410 BUILDING & IMPROVEMENT ASSESSED VALUE $194,310 $1,237,510 $402,950 $154,400 $408,830 S1,072,320 $4,304,430 $648,880 S173,170 $702,420 $0 S93,580 $1,350 $204,500 TOTAL S343,110 Sl,520,710 $615,350 $253,520 $503,710 $1,443,320 $4,850,180 $743,280 S173,170 S859,220 $0 $208,580 $93,850 S339,910 ~ARCEL # Ot4NER~S NANE & HAILING ADDRESS PROPERTY ADDRESS LAND ASSESSED VALUE BUILDING & IHPROVENENT ASSESSED VALUE TOTAL ;rand Totals Zecords printed: 125 $26,612,980 $75,159,350 $101,772,330 Page 10 Addendum 3 Central Business District Urban Revitalization - Existing Zoning TY ©F F//4 !1 II I Iml I I OWACB 2 WASHIF, JQTON ~ ~//////////, ~ ..... . COLLEGE / / BURL NGTON S II ( S2 ST P Addendum4 CITY OF IOWA CITY vAcANT ......................' ......, .....,; .......... & RESIDENTIAL L /~ ~ Y~C ' /~ __.__ /-, ............. ' .......... ~ ' '., /' Z -' /z 0 ljv~, vvvvvv - -.-v . ~ ~ vvvvv vvvvvvvvvv* ~ /~vv~v vvvvvvvv~ /v- _ vv~vvX- .~._~., .... ,vvvvvv v ,, ,~y~ ,_ , ~-, ..... · v~ vvvv ~- ~ -- ,~ -': ~--'- '- "-' ~ o~ ~~~x '~x Yo~ ~ ~ ~' ~ ~ ~ Y~ X"--'~~ t'-'- ~- X'-'- ~~ "-'-' ~ X-' - :' ~ ~ ~ ~X"-' ' ' - ' I! E COLLEGE ST E COLLEGE ST ............................ , ~ - .- -~-~~- - -" ' - ' ~~ / ..... ,m m lm sis sis sis sis roll ' ''~ ;L';~'~o, ~' ...... Central Business District Urban Revitalization Area Existing Land Uses 17 Prepared by:~avid Schoon, Eco. Dev. Coord., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 \/ RESOLUTION NO. DISTRICOT NO. WHEREAS, the City CoundH, for the City of Iowa City, Iowa, adopted finding that the Central BusineSs Distdct Urban Rav~tafizat~on Area 404.1(3) and (4), Code of Iow~,,(1999), and that rehabilitation, con economic development or a com~gation thereof of the area is public health, safety or welbre of thextesidents of Iowa Ci~; and WHEREAS, pursuant to Iowa Code ~4.2 (1999), staff pre~ Urban Revitalization Plan; and ..,, WHEREAS, the Council scheduled a public the Ci~ Council Chambers, Civic Center, 410 aring on the No. 99-242 criteria of Sections redevelopment, in the interest of the a Central Business District for 7:00 PM, August 24, 1999, in Street., Iowa City, Iowa; and WHEREAS, public notice of this hearing was hearing was mailed by ordinary mail to the last and to the "occupants" of all city addresses located Urban Revitalization Area, at least 30 days prior to / WHEREAS, Council held the public hearing at/ihe time a place scheduled and provided all persons appearing and desiring to be heard re~l'hrding the Plan he opportunity to be heard; and WHEREAS, Block Sixty-Two will be contained in and better serve by the Central Business District Urban Revitalization Plan such.'that the prior Resolution may pealed as provided by Iowa Code Chapter 404 (1999). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE~TY OF IOWA CITY, IOWA, THAT: the Press-Citizen and notification of this ~ddress of all owners of record of property, n the proposed Central Business District date; and The City Council has 'held public hearings on the Central Business Distdct Urban Revitalization Plan as required by Iowa Code {}404.2 (1999);( The Central Business~ District Urban Revitalization Plan is hereby approved. Resolution No. 93-334, which approved the Block 62 Urban Revitalization Plan, is hereby repealed. DEFEATED Prepared by:. Kumi Morris, Architect Intem, 410 E. Washington St., Iowa City, IA 52240 (319)356-5436 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY CHAUNCEY SWAN FOUNTAIN PROJECT. WHEREAS, All American Concrete Inc. of West Liberty has submitted the lowest responsible bid of $119,000 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 All American Construction Inc., 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 day of ,19 ATTEST: CITY CLERK ~2[AYOR pwengVes~fntn,doc 9/99 Resolution No. Page __ DEFEATED It was moved by and seconded by adopted, and upon roll callthere were: AYES: NAYS: ABSENT: the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef ADVERTISEMENT FOR BIDS IOWA CITY CHAUNCEY SWAN FOUNTAIN PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 21sT day of September, 1999, or at a later date as determined by the Director of Public Works or designee, with notice of said later date to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purpdses of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 28"' day of September, 1999, or at such later time and place as may be scheduled. The Project will involve the following: The relocation of the Gutheinz Fountain to the Chauncey Swan Park and the construction of a new fountain base, electrical and mechanical system. All work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City and A&J Associates of Iowa City and North Liberty, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form fumished 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 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 bond 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 bonds of the lowest two or more bidders may be retained for a pedod of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds 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 fumish a bond in an amount equal to one hundred percent (100%) of the contract pdce, 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 one (1) year from and after its completion and formal acceptance by the The following limitations shall apply to this Project: Working Days: 30 (approximately 6 weeks) End Date: November 15, 1999 Specffied Start Date: October 5, 1999 Liquidated Damages: $75.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications - and form of proposal blanks may be secured at ' the Office of City of Iowa City Engineering Division, 410 E. Washington Street, Iowa .City, Iowa, by bona fide bidders. A $10.00 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa Prospective bidders are advised that the City of Iowa City desires to employ min0dty 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 fumish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minodty 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 required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with re- spect 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 Prepared by: Daniel Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 99-338 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL RECYCLING PROJECT, PHASE 1. WHEREAS, Bill Whitters Construction of Swisher, Iowa, has submitted the lowest responsible bid of $158,808.50 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 Bill Whitters Construction, 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 28th day of ATTEST:Ci~L~~RK 7~- September ,19 99 City Attorney's Office pweng\res\recyctr. doc 9~99 Resolution No. 99-338 Page 2 It was moved by Norton and seconded by 0'Donnell adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: X X X × X X X Champion Kub_by Lehman Norton O'Donnell Thornberry Vanderhoef ADVERTISEMENT FOR BIDS Landfill Recycling Center, Phase 1 - Hazardous Matedal Storage Building and Electronic Scale Project Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 28st day of September, 1999, or at a later date as determined by the Director of Public Works or designee, with notice of said later date to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 28th day of September, 1999, or at such later time and place as may be scheduled. The Project will involve the following: New electronic scale and hazardous materials storage building, including all site work, at the Iowa City Landfill. All work is to be done in strict compliance with the plans and specifications prepared by Architect - John F. Shaw, AIA, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. 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 of the City Council's award of the contract and post bond 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 bonds of the lowest two or more bidders may be retained for a pedod of not to exceed fifteen (15) calendar days following award of the contract, 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 AF-1 percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City. 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 pedod of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: 4 October 1999 Specified Completion Date: 17 December 1999 Liquidated Damages: none The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of Architect - John F. Shaw, AIA, Iowa City. Iowa, by bona fide bidders. No deposit is required, but all bidders are asked to return their Bidding Documents to Architect - John F. Shaw, AIA, Iowa City, IOwa, within 15 days following receipt of bids. Prospective bidders are advised that the City of Iowa City desires to employ minodty contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. 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 shale submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit pdces and extended dollar amounts. By virtue of statutory authority. preference must 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 resident bidder preference law applies to this Project. 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 AF-2 Prepared by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert, Iowa City, IA 52240, 319-356-5100 RESOLUTION NO. 99-339 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE RECONSTRUCTION OF THE MERCER PARK TENNIS COURTS PROJECT. WHEREAS, L. L. Pelling Co., Inc. of North Liberty, Iowa has submitted the lowest responsible bid of 956,119.50 for the construction of the above-named project; and; WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the above-named project is hereby awarded to L. L. Pelling Co., Inc., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for 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 28th day of September' ,1999. It was moved by Thornberr.y and seconded by 0' Donne] and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby X Lehman X Norton 'X' O'Donnell X Thornberry X Vanderhoef the Resolution be adopted, parksrec\res\tennisct.doc Pr a~\ ep red by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert 'ty, IA 52240, 319-356-51 O0 · RESOLUTION NO. PARK TENNIS COURTS PROJECT. ~', // WHEREAS, '.. of / has submitted the lowest responsible bid of $ ".. for the cons ction of the above-named project; and; NOW, THEREFORE, I WA: 1. That the contract f/~/. the above-named project is hereby awarded to ,' subject to the condition that awardee secure adequate performance bond, insur,ance de. rtificates, and contract compliance program statements. 1 / That the Mayor is he.[eby authorized to sign and the City Clerk to attest the contract for the above-named pro, e?{, subject to ~.e condition that awardee secure adequate performance bond, insurance c.¢tificates, and com~e~ct compliance program statements. Passed and approved this day of were: NAYS: ATTEST: C),.~'~ CLERK It was/moved by / and ~iSon roll call there AYES: "'- 1999. \\. \, MAYOR ppr'~rv A ed by City Attorn y's Office and seconded by e Resolution be adopted, ABSENT: '\' Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef parksrec\res\tennisct .doc ADVERTISEMENT FOR BIDS RECONSTRUCTION OF MERCER PARK TENNIS COURTS Sealed proposals will be received by the City Clerk of the City of Iowa City. Iowa, until 10:30 A.M. on the 28"~ day of September, 1999. or at a later date as determined by the Director of Parks & Recreation or designee, with notice of said later date to be published as required by law. Sealed proposals will be opened immediately thereafter by the Director of Parks & Recreation or designee. 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 at 7:00 P.M. on the 28u~ day of September, 1999, or at such later time and place as may be scheduled. The Project will involve the following: Prepare, shape, trim and compact subgrade to receive asphalt overlay; place and compact asphalt oveday on six tennis courts. Project includes proof rolling and fabric reinforcement. AJI work is to be done in strict compliance with the plans and specifications prepared by the City of Iowa City, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. 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 ensuring 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 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, 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: Working Days: 25 Specified Start Date: October 4, 1999 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk, Copies of said plans and specifications and form of proposal blanks may be secured at the Parks & Recreation Department offices, 220 S. Gilbert Street, by bona fide bidders. 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. 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 required under Iowa Statutes. The Iowa Reciprocal Preference Act 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 AF-2 Prepared by: Terry Trueblood, Parks & Recreation Director, 220 S. Gilbert, Iowa City, IA 52240, 319-356-51 O0 RESOLUTION NO. 99-340 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE WETHERBY PARK REDEVELOPMENT PROJECT. WHEREAS, Shamrock Construction Co. of Iowa City, Iowa has submitted the lowest responsible bid of $70,840 for the construction of the above-named project; and; WHEREAS, said bid has been recommended for award by the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the contract for the above-named project is hereby awarded to Shamrock Construction Co., subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for 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 28th day of ATTEST: C~/~' ~ :,, 19 9 9. AYOR ~~ City Attorney's Office It was moved by Vander'hoef and upon roll call there were: AYES: NAYS: X X X X X X X and seconded by Nnr'ton ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef the Resolution be adopted, 09-28-99 23 Prepa;~'~[,by: Terry Trueblood, Parks & Recreation Director, 220/S'i Gilbert, Iowa City, IA 52240, 319-356-5100 RESOLUTION NO. / RESOLUTION.. AWARDING CONTRACT AND','/ ,. AUTHORIZING MAYOR TO SIGN AND CITY CLERK TQ ATTEST CONTRACT FOR/THE WETHERBY PARK REDEVELOPMENT PROJECT. " '-, WHEREAS, - of / has submitted the lowest responsible bid of ~ for the 'bOnstruction of t~e above-named project; and; WHEREAS, said bid has been recom,mended/~or award by the Director of Parks and Recreation. NOW, THEREFORE, BE IT RESOLVED '~I,Y E CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1 , . That the contract for the above- arr~d project is hereby awarded to subject to the condition th t aw~rdee secure adequate performance bond, insurance certificates and contract co nce program statements 2. That the Mayor is hereby thorized to s~n and the City Clerk to attest the contract for the i c ic a a t / Passed and approved this / day of \\ , 1999. ATTEST: / CITY CLE,P~: / / ? It was moved by/ ca there and upon roll ~ MAYOR and seconded by were: NAYS: ABSENT: Appro~e,d by \ \ '\ \\ the Resolution be adopted, Champion Kubby Lehman No~on O'Donnell Thornberry Vanderhoef parksrec\res\wetherby.doc ADVERTISEMENT FOR BIDS WETHERBY PARK REDEVELOPMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 11:00 A.M. on the 281h day of September, 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 Director of Parks & Recreation. 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 at 7:00 P.M. on the 28~ day of September, 1999, or at such later time and place as may then be scheduled. The Project will involve the following: Trail construction, 8ft. wide requiring approxi- mately 2,112 SY of Asphalt Cement Concrete Paving 5 in. thick and approximately 2,251 SY of Crushed Limestone, 6 in. deep. Project involves minor grading, site restoration and seeding, fertil- izer & mulching. All work is to be done in strict compliance with the plans and specifications prepared by MMS Consul- tants, Inc, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form fur- nished 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 maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract 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 tabula- tion 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 AF-1 a period of Two (2) year(s) from and after its com- pletion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 25" Specified Start Date: October 4, 1999 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of MMS Consultants, Inc. of Iowa City, Iowa, by bona fide bidders. A $15 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to MMS Consultants, Inc. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and sub- contractors on City projects. Bidders shall list on the Form of Proposal the names of persons, finns, companies or other parties with whom the bidder intends to subcontract. 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 Contract 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. By virtue of statutor~ authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domes- tic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all propos- als, 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 AF-2 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-341 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GUY AND SUE DROLLINGER D/B/A DROLLINGER RIDES FOR PURCHASE OF CERTAIN AMUSEMENT RIDES WHEREAS, pursuant to a concession agreement between Guy Drollinger and the City of Iowa City ("City"), Guy and Sue Drollinger d/b/a Drollinger Rides CDrollingers") have been operating a food and amusement ride concession area in City Park; WHEREAS, the Drollingers desire to terminate said concession operation effective October 10, 1999; and WHEREAS, the City agrees to the termination of said concession agreement effective October 10, 1999 and desires to purchase certain amusement rides from the Drollingers. WHEREAS, City staff has negotiated an agreement for purchase of said amusement rides. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Mayor is authorized to sign and the City Clerk to attest the attached agreement between the City of Iowa City and Guy and Sue Drollinger, d/b/a Drollinger Rides for purchase of certain amusement rides. Passed and approved this 28th ATTEST:CiT~_-~RK~2 day of September ,1999. City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: eleanorVes\drolling.doc Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef AGREEMENT BETWEEN GUY AND SUE DROLLINGER DIB/A DROLLINGER RIDES AND THE CITY OF IOWA CITY FOR PURCHASE OF CERTAIN AMUSEMENT RIDES WHEREAS, pursuant to a concession agreement between Guy Drollinger and the City of Iowa City ("City"), Guy and Sue Drollinger d/b/a Drollinger Rides ("Drollingers") have been operating a food and amusement ride concession area in City Park; WHEREAS, the Drollingers desire to terminate said concession operation effective October 10, 1999; and WHEREAS, the City agrees to the termination of said concession agreement effective October 10, 1999 and desires to purchase certain amusement rides from the Drollingers. NOW, THEREFORE, in consideration of their mutual covenants herein the parties do hereby agree as follows: The parties' concession agreement shall be terminated as of October 10, 1999. For the sum of $85,000 the Drollingers do hereby sell, assign, transfer and set over to the City the following amusement rides: a. Train/locomotive and all tracks (including the extra track) and the small wooden structure used for a tool shed; b. Carousel with menagerie, including the zebra; c. Small airplane ride; which rides are now located at City Park, Iowa City, Iowa, in the possession of Guy and Sue Drollinger. Drollingers warrant that they are the sole owners of said amusement rides, that said rides are free and clear of all liens and encumbrances and that all security interests have been appropriately released. Transfer of said amusement rides to the City shall take place on or before October 15, 1999. City shall have the right to inspect said amusement rides within 24 hours prior to transfer of said rides to City to determine if they are in good working condition. With the exception of the representations made in Paragraph 3 hereof, said amusement rides are sold to the City AS-IS without warranty, express or implied, of any kind. Bill of Sale: This agreement shall constitute documentation of and a Bill of Sale for the transfer of said amusement rides from Drollingers to City. 7. With the exception of the amusement rides sold to the City, Drollingers shall remove all rides, the concession stand and all other equipment from City's property on or before April 1, 2000. Until such time as said equipment is removed from City's property, Drollingers shall maintain the insurance specified in Exhibit "A" attached hereto and incorporated by reference herein. Drollingers shall indemnify, defend and hold harmless the City of Iowa City and its officers, employees, and agents from any and all liability, loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, death or property damage arising out of or resulting from the use or operation of Drollingers' equipment on City property. GUY DROLLINGER AND SUE DROLLINGER D/B/A DROLLINGER RIDES CITY OF IOWA CITY Attested by: AP~/~YL ~ City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this r~ ~ day of L ~'J n~s,a1~'~L , 1999, before me, the undersigned, a Notary Public in and for said County, id State, personally appeared Guy Drollinger, 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: ~/-2~_d I STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ,:27 ~ day of L_.~,~--/-A , 1999, before me, the undersigned, a Notary Public in and for said Coun in said State, personally appeared Sue Drollinger, 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. Nota~~r the State el)Iowa My commission expires: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~-' ~ day of --%e~-/e_~2:~,,- ,1999, before me, -~o,~dy~ ~ ~/~ , ~a Notary Public in and for the 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 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 (Ordinanoo) (Resolution) No. ~f- 2~/ passed by the City Council, on the ~P ~ day of ~e '/'~,'h_/~ .~- , 19 ~9 and that Ernest W. Lehman and Madan Ko Karr acknowledged th~ execution of the instrument to; be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. eleano~agt/drollin2.doc Notary Public in and for the State of Iowa My commission expires: 3 EXHIBIT A CLASS I - INSURANCE REQUIREMENTS A. CERTIFICATE OF INSURANCE; CANCELLATION OR MODIFICATION 1) Drollingers shall submit to the City for approval a Certificate of Insurance meeting the requirements specified herein. 2) Drollingers shall notify the City in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. B. MINIMUM COVERAGE 1) Any policy or policies of insurance purchased by Drollingers to satisfy their responsibilities hereunder shall be in the following type and minimum amounts: Type Each Occurrence Aggregate a. Comprehensive General Liability: (1) Bodily Injury ~500,000 $1,000,000 (2) Property Damage $ 100,000 Motor Vehicle Liability & Property Damage Insurance: (1) Bodily Injury $500,000 ~1,000,000 (2) Property Damage $ 100,000 Worker's Compensation Insurance as required by Chapter 85, Code of Iowa eleanor\agt\drolexha .doc ,.,AGREEMENT BETWEEN GUY AND SUE DROLLINGER D/B/A WHEREAS, pursua t to a concession agreement 'n Guy Drollinger and the City of Iowa City ("City"), Guy and Sue Drollinger d/b/a Drollinger :leS ("Drollingers") have been operating a food and amusemen ride concession area in City :; WHEREAS, the Drolhnge desire to terminate a~d concession operabon effecbve October 10, 1999· and .... WHEREA th ;to~ S, e City agrees to the rmination of said concession agreement effective October 10, 1999 and desires certain amusement rides from the Drollingers. NOW, THEREFORE, in agree as follows: n of their mutual covenants herein the parties do hereby 1. The parties' concessio tall be terminated as of October 10, 1999. For the sum of $85 City the following the Drollingers rides: hereby sell, assign, transfer and set over to the a. tive and all tracks ( the extra track) and the small wooden structure ~ed for a tool shed; b. Carou I with menagerie, including the zebra; c. Sma airplane ride; held by Iowa State Bank & Trust Company, have been appropriately release~. 1 4. Transfer of s,,~!d amusement rides to the City shall take place on or before October 15, 1999. City shall have, the right to inspect said amusement rides within 24 hours prior to transfer of said rides to Cit~o determine if they are in good working condition. 5. With the exception\~of the representations made in Paragraph 3 hereof, said amusement rides are sold to the City AS-IS without warranty, express or implied, of any kind. 6. Bill of Sale: This agreement shall constitute documentation of and a Bill of Sale for the transfer of said amusement rides from Drollingers ~o City. \ With the exception of rides, the concession star October 15, 1999. ride~/sold to the City, Drollingers shall remove all and all oth/~' equipment from City's property on or before / / GUY DROLLINGER AND SUE D/B/A DROLLINGER RIDES INGER CITY OF IOWA CITY Guy Drollinger Su ' Mayor Attested by: CityClerk A >roved by: City Atto~s Office -,, \ 2 Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 99-342 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, GENE L.L.C., OLD FEED STORE ASSOCIATES AND GILBERT STREET INVESTORS, L.L.C. FOR PORTIONS OF COURT AND LINN STREETS AND THE WEST HALF OF THE ALLEY ADJACENT TO OWNER'S PROPERTY RUNNING NORTH AND SOUTH BETWEEN BURLINGTON AND COURT STREETS, IOWA CITY, IOWA WHEREAS, Gene, L.L.C., is the fee owner of certain real estate described as the south five feet of Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa; and WHEREAS, Gene, L.L.C., hereina~er "Owner', will be undertaking construction of a new apartment building located in Iowa City, Iowa on real estate legally described as the south five feet of Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa; and WHEREAS, Owner's construction will take place adjacent to their property along the north edge of Court Street and the east edge of Linn Street, and Owner wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Owner has requested the City permit the temporary closure of portions of the right-of- way on the north side of Court Street between Gilbert and Linn Streets, the east side of Linn Street between Burlington and Court Streets, and the west half of the alley adjacent to the owner's property running north and south between Burlington and Court Streets; 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 temporary closure of portions of the dght.-of-way on the north side of Court Street between Gilbert and Linn Streets, the east side of Linn Street between Court and Burlington Streets, and the west half of the alley between Burlington and Court Streets, all adjacent to Owner's property, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest; and WHEREAS, Old Feed Store Associates and Gilbert Street Investors, L.L.C. own property to the east of said alley and desire to ensure they and their tenants have reasonable and adequate access to their properties dudng the closure of said right-of-way; and WHEREAS, an agreement for the temporary use of the Court and Linn Streets and alley public right-of-way containing certain conditions has been negotiated. Resolution No. 99-342 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to temporarily close a portion of City right-of-way adjacent to Owner's property along the north edge of Court Street, the east edge of Linn Street and the west half of an adjacent alley running north and south between Burlington Street and Court Street in Iowa City, Iowa in order to assure a safe construction site for the construction of an apartment building, and thereby insure public safety. The temporary right-of-way closing as described in the Agreement for Temporary Use of Public Right-of-Way attached hereto shall take effect beginning September 29, 1999 and end upon substantial completion of the construction, but no later than September 1,2000. 2. 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 said Agreement for and on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owner's expense.. Passed and approved this 28th day of September ,1999. ATTEST:C~~) ~- '~'~ q' '7-4 City Attorney'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~jenellc.doc Prepared by: Kim Johnson, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, GENE L.L.C., OLD FEED STORE ASSOCIATES AND GILBERT STREET INVESTORS, L.L.C. FOR PORTIONS OF COURT AND LINN STREETS AND THE WEST HALF OF THE ALLEY ADJACENT TO OWNER'S PROPERTY RUNNING NORTH AND SOUTH BETWEEN BURLINGTON AND COURT STREETS, IOWA CITY, IOWA This Agreement is made by and between Gene L.L.C., hereina~er referred to as "Owner", the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City," and Old Feed Store Associates and Gilbert Street Investors L.L.C., hereinafter referred to as "Abutting Property Owners." WHEREAS, Gene, L.L.C., is the fee owner of certain real estate described as the south five feet of Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa; and WHEREAS, Owner will be undertaking construction of a new apartment building located in Iowa City, Iowa on real estate legally described as the south five feet of Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa; and WHEREAS, Owner's construction will take place adjacent to its property along the north edge of Court Street, the east edge of Linn Street and the west half of the alley running north and south between Burlington and Court Streets, and Owner wishes to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic to assure safe passage of such traffic in the area; and WHEREAS, Owner has requested the City permit the temporary closure of portions of the right-of- way on the north side of Court Street between Gilbert and Linn Streets, the east side of Linn Street between Burlington and Court Streets, and the west half of the alley adjacent to Owner's property between Burlington and Court Streets; 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 temporary closure of portions of the right-of-way on the north side of Court Street between Gilbert and Linn Streets, on the east side of Linn Street between Court and Burlington Streets, and the west half of the alley between Burlington and Court Streets, all adjacent to Owner's property, and finds the temporary closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary closure is in the public interest. WHEREAS, Abutting Property Owners own property to the east of said alley and desire to ensure they and their tenants have reasonable and adequate access to their properties during the closure of said right-of-way. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, THE OWNER AND CITY AGREE AS FOLLOWS: Owner is the fee owner of certain real estate described as the south five feet of Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa, and Owner will be undertaking construction of a new apartment building located on the property along the north edge of Court Street; the east edge of Linn Street and the west edge of the adjacent alley running north and south between Burlington and Court Streets. In order to facilitate the safe execution of said construction and to secure the construction site from pedestrian traffic, Owner has requested the City permit the temporary closure and use of portions of the right-of-way on the north side of Court Street between Gilbert and Linn Streets, the east side of Linn Street between Burlington and Court Streets, and the west half of the adjacent alley between Burlington and Court Streets. In consideration of the City's permission herein to temporarily close City right-of-way dudng construction of the apartment building as described in paragraph I above, and detailed in Exhibit A, Owner agrees to secure its construction site against pedestrian and public traffic 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. Owner agrees to provide, keep in place, and maintain in good working condition certain signage necessary to do the following: a. route vehicular traffic and pedestrians b. provide advance waming. c. provide for the orderly and predictable movement of traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. The City agrees to allow Owner to temporarily close a portion of the right-of-way adjacent to Owner's property along the north side of Court Street between Gilbert and Linn Streets, the east side of Linn Street between Burlington and Court Streets, and the west half of said alley, as depicted in Exhibit A. The parties acknowledge that the closure of the ten (10) foot-wide portion of City street along the east side of Linn Street, as currently dedicated to metered on-street parking, will be done to minimize interference with traffic flow along the east side of Linn Street and to provide a staging area during construction. Owner agrees, prior to any closure of the alley right-of-way, to remove all utility poles in said alley right-of-way as depicted in Exhibit A, and to relocate all above ground utility wiring and transmission equipment underground by boring at Owner's expense, Installation underground will require an excavation in the alley right-of-way, although the excavation will not necessitate the closure of the alley at any time. Owner agrees to reconnect all utilities which were relocated underground or disturbed during construction to the businesses and properties affected and to coordinate all utility outages with all affected property owners and tenants. Disconnection and connection of all utilities including, but not limited to the telephone, shall be done between the hours of one o'clock a.m. and six o'clock a.m. so as not to disrupt the businesses east of the alley. Owner shall erect barricades ten (10) feet west of the east curb line adjacent to their property along Linn Street, five (5) feet north of the north curb line adjacent to their property along Court Street, and ten (10) feet east of the west right-of-way line of the adjacent alley as depicted in Exhibit A. 10. 11. 12. 13. 14. 3 Prior to any closure of the alley right-of-way Owner shall expand the northeast corner of the alley return at Court Street to accommodate vehicle traffic to the parking area east of the alley. Owner agrees to repave the full width of the alley adjacent to Owner's property between Burlington and Court Streets. The City will allow closure of the entire width of the alley adjacent to Owner's property for a period not to exceed four (4) weeks, in order to accommodate the reconstruction of the alley. During reconstruction of the alley, the portion of the alley to the north of Owner's property will remain open to two way traffic at all times. Owner agrees to abide by the requirements set forth by the City Forester in Exhibit B attached hereto, in order to safeguard the condition and preservation of a tree located within City right-of-way adjacent to Owner's property along the north side of Court Street between Gilbert and Linn Streets. Owner further agrees to notify the City Forester prior to any excavation work in said right-of-way in order to assess the course of action to be taken to minimize any damage to the tree root system. Or, if owner desires, the tree may be removed and replaced with a new tree with prior approval from the City Forester. Owner shall pay for the parking spaces along Linn Street which will be eliminated due to the use of the Linn Street right-of-way in such amounts and at such times as specified by the City's Parking Division. In addition, at Owners cost the City shall provide two additional parking spaces across Court Street on Maiden Lane to replace the two spaces displaced from the southwest corner of the private parking area east of the alley. Owner agrees to not permit any construction vehicles or vehicles belonging to employees of owner's contractor or subcontractors to park their vehicles in the parking area east of the alley which is a private parking area for clients and customers of businesses located east of the alley. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage adsing out of its actions and those of its contractors, subcontractors, agents, employees and assigns adsing 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 public right-of-way adjacent to its' property along Court and Linn Streets and the alley as described herein, including, but not limited to, claims by neighboring property owners for loss, taking or restriction of access. Owner's duty to defend the City against such claims includes the duty to pay all attorneys fees and costs incurred by the City in defending against such claims. Owner further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Owner shall furnish a certificate of insurance of said valid insurance coverage to City, which certificate must be satisfactory to the City. After the apartment building construction is complete, Owner agrees to restore any and all portions of the Court Street and Linn Street right-of-way to its pre-construction condition, to repave the full width of the alley adjacent to their property between Burlington and Court Streets and to restore the northeast corner of the alley return at Court Street to its pre-construction condition to the City's complete satisfaction. City and Owner agree this Temporary Agreement shall be in effect beginning September 29, 1999 and end upon substantial completion of the work, but no later than September 1, 2000. Notwithstanding the above, Owner agrees to cease and desist their 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: 4 a. A breach of this agreement; 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; Within thirty (30) calendar days after the City gives wdtten 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, the City may remove the obstructions, barricade or signage, and the cost thereof shall be billed to Owner for payment to the City. Upon Owner's 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 (1999). 15. Owner acknowledges and agrees that no property right is conferred by this grant of permission to use the public right-of-way for private purposes; and, notwithstanding anything herein to the contrary 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. 16. Abutting Property Owners agree that the terms of this agreement allow them and their tenants to have reasonable and adequate access to their properties during the closures of the public right-of-way allowed herein. 17. 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 the parties. Dated and signed this 28th day of SeptemhP~- ,1999. ~ehman, Mayor GENE, L.L.C. ? By: ~ l -'c~'~'~ Gene Kroeger ~ .... Madan K. Karr, City Clerk City Attorney's Office ATTEST: GiBL~E'~~iREET INVESTORS, L.L.C. 5 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ,:,)f~ day of -.~-~_n-,[-,~,,' 19 c/~ before me, -S~,~,~,_ "~,=,--~-- , a Nota~ Publi~ in and for th'e State of Iowa, personally appeared Emest 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 Ci~ Clerk, respectively, of the Ci~ of Iowa Ci~, Iowa; that the seal a~xed to the foregoing instrument is the ~orate seal of the corporation, and that the instrument was signed and sealed on behalf of the coloration, by authori~ of its Ci~ Council, as contained in (Ordinancc) (Resolution) No. q~- ~ passed Ernest W. Lehman and Marian K. Karr ac dg n of the instrument ~o be their volunta~ act and deed and the volunta~ act and deed of the corporation, by it voluntarily executed. Notary Public in and for ~e State of Iowa 'h°L'~ ' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~'3'~'~day of , A.D. 19 ~ ~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~-----~e.~,,.e... \.%,-~s,~y,-~,-- , to me personally known, who being by me duly sworn, did that the person is ~,,~-~_r-- (title) of Gene L.L.C., and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said ~5',-~-~._r- acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. N~n and for the State'of Iowa My commission expires: '~ ~\~:~. 6 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) and for ~h~ State of Iowa, personally appeared Jay H. Honohan, to me personally known, who being by me duly swom, did say that the person is one of the partners of Old Feed Store Associates, an Iowa General/Limited Padnership, 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: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 5~0¢~ay of ¢~16~, A.D. 19 , before me, the undersigned, a Notary Public i a'R'd' for'~ e state ~o' Iowa, personally appeared ,~/2~ ~ ,/'~DO~~, , to me personally known, who being by me duly~wom~,di~si~that the person is ¢r.A '~,,~ ,~ (title) of Gilbert Street Investors, L.L.C., and th~t~aid instrument was signed behalf of e said limi d liability company by authority of its managers and the said 2~r~ ~ acknowledged the execution of said instrument to be the voluntary act a~dee~o~f~r~ited liability company by it voluntarily executed. pweng/agt/genellc.doc city of iowa city PARKS AND RECREATION DEPARTMENT 220 S. Gilbert Street TO: FROM: DATE: RE: Kim Johnson, Engineering Terry Robinson/~--~ September 8, 1999 Gene Kroeger Apartments at Court and Linn The crabapple tree on the Court Street side of this construction site should be saved. A zone 20 feet east and 20 feet west of the tree in the parking should be blocked off to prevent construction damage. The construction work may proceed up to the private property side of the sidewalk. I assume that the sidewalk is to stay intact. If you have any questions, please feel free to call me. I I 09-28-99 I ,SEP 2, S 1999 Dear Council Members, I am writing you concerning alley access during the construction of our building at Court & Linn Street. We intend to use a plan similar to the alley access currently being used to build the Iowa Avenue Parking Facility. Our plans are to remove the two utility poles in the alley to the east of the proposed building. Mid-American Energy would relocate the power underground to serve the new building and the one to the east. After the utilities are relocated we would install a construction fence 1 O-foot from our east property and the alley would become one-way behind our new building during the construction period. The alley to the noah would remain two-way; giving access at all times. All private parking to the east of the alley will remain and all parking and unloading in the alley by delivery trucks can continue without disruption. When construction is nearly complete the alley behind our building would be resurfaced as required by the City. Please contact me at 351-8811 if you have any questions or comments. Gene Kroeger Prepared by: Chuck Schmadeke, Director of Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 99-343 RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT. OF-WAY BETWEEN THE CITY OF IOWA CITY AND GENE, L.L.C. WHEREAS, Gene L.L.C. is the fee owner of certain real estate described as the south five feet of Lot 10, and all of Lots 11, 12, 13 and 14 in JohnsoWs Subdivision in Iowa City, Iowa; and WHEREAS, Gene L.L.C., hereina~er "Owner, desires to install landscaping planters, a garage exhaust vent, four-inch area drain, and steps for access to an apartment building all on the south side of a building adjacent to Court Street; and WHEREAS, the proposed planters, steps, vent and drain encroach onto the Court Street fight-of- way; 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 finds the use of a portion of Court Street fight-of-way. for placement of the planters, ventilation, drain and steps to be a minimal intrusion into the public right-of-way, and also finds that pedestrian and vehicular traffic will not be materially impeded; and WHEREAS, an agreement for the temporary use of the Court Street fight-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: The City Coundl finds the use of a portion of the Court Street fight-of-way for landscaping, ventilation, drainage and access use, as described in the attached agreement, to be a minimal intrusion into the public right-of-way, and also finds that pedestrian traffic will not be materially impeded· The easement agreement for temporary use of public fight-of-way attached hereto is approved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the easement agreement on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Owners expense. Resolution No. 99-343 Page 2 Passed and approved this 28th day of September ,1999. ATTEST:Ci~,~L-t~RK2 '~- City Attomey's Office It was moved by Thornberry adopted, and upon roll call there were: and seconded by AYES: NAYS: ABSENT: Vanderhoef the Resolution be Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef pwadrrdn%Ves~endlc.doc Prepared by: Chuck Schmadeke, Dir. Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY This Agreement is made by and between Gene L.L.C., hereina~er referred to as "Owner," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, Gene L.L.C. is the fee owner of certain real estate described as the south five feet of Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's Subdivision in Iowa City, Iowa; and WHEREAS, Owner desires to install landscaping planters, a garage exhaust vent, four-inch area drain, and steps for access to an apartment building all on the south side of a building adjacent to Court Street; and WHEREAS, the proposed planters, steps, vent and drain encroach onto the Court Street right-of- way; 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 finds the use of a portion of Court Street right-of-way for placement of the planters, ventilation, drain and steps to be a minimal intrusion into the public right-of-way, and also finds that pedestrian and vehicular traffic will not be materially impeded. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: Owner is the fee owner of certain real estate legally described as the south five feet of Lot 10 and all of Lots 11, 12, 13 and 14 in JohnsoWs Subdivision in Iowa City, Iowa. In consideration for Owner's promises herein, City agrees to permit the Owner to install, locate and maintain landscaping planters, a garage exhaust vent, a 4" drain and access steps to a proposed building adjacent to Owner's property as a temporary use of the Court Street public right-of-way. The temporary use shall conform to the City-approved site plan, marked Attachment A, attached hereto and incorporated herein by this reference. Owner agrees to submit construction plans for the planters, ventilation, drain and steps to the City for review and approval prior to any construction or reconstruction, the design of which shall conform to the standards of City Code. Owner further agrees to use, manage and maintain the area along the sidewalk on the north side of Court Street adjacent to Owner's property in compliance with the City-approved site and construction plans, together with all applicable City regulations and ordinances. Owner agrees to remove the planters, ventilation, drain and steps from City right-of-way on Court Street when any one of the following events occurs: a. Within 90 calendar days after the City gives written notice of removal to the Owner. 2 b, The use of the property changes and the area of the property described in Attachment A is no longer needed or appropriate, as determined by the City in its reasonable discretion. If Owner fails to remove the planters, ventilation, drain and steps from the Coud Street right-of-way as required, the City may remove the planters, ventilation, drain and steps, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's 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), Code of Iowa (1999). Owner agrees to maintain the planters, ventilation, drain and steps in good and reasonable repair, and to minimize unreasonable safety hazards to passing pedestrian traffic. In the event the planters, ventilation, drain and steps are ever replaced for any reason, Owner agrees to replace them according to the requirements and approval set forth in Paragraph three (3) above. Owner agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, or repair of said planters, ventilation, drain and steps, including any liability which the City may incur as a result of its decision to allow placement of said planters, ventilation, drain and steps on the Court Street right-of-way. However, Owner shall not be held responsible as to claims that the City's actions were ultra vires. Owner is required and agrees to maintain or cause to be maintained liability insurance, in the minimum amount of $500,000, with contractual liability coverage included as part of such insurance, and shall fumish a certificate of insurance for that policy, satisfactory to the City. Owner agrees to maintain or cause to be maintained such insurance in force until the planters, ventilation, drain and steps are removed from City right of way, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. Notwithstanding Paragraph five (5) above, if the required insurance is not maintained, the City shall have the right to remove the planters, ventilation, drain and steps following thirty (30) calendar days prior written notice to the owner of the property. The cost of such removal shall be assessed as a lien against the property and collected as a property tax in the manner provided in Section 364.12(2)(e), Code of Iowa (1995). Owner acknowledges and agrees that no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of- way for private purposes; and, notwithstanding Paragraph four (4), that the City may order said retail area removed at any time if, for any reason, the City Council determines that the property upon which the retail area is located is needed for public use and/or should be cleared of any and all obstructions. 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. Datedthis 28th day of September ,1999. CITY OF IOWA CITY Ernest W. Lehman, Hayor 3 By: GENE L.L.C. L'Gine Kro~ger ATI'EST:Ci~ ~. Approved by: City Attomey's Office By: STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ day of ._?%2pJre,~,/:>e_y- 19 q'7 before me, -.~'onr/,~,~- Tcr,,c'r , a Notary Public in and f~r the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and 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. L?? _.. 3'Y3 passed by the City Council, on the ..3~ day of ~L~,,,~,.,~y. 19 9c2 , and that Ernest W. Lehman and Madan K. Karr acknowledge~the execution of the; instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and 4 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 (_~t.r~t_ Y--,rOf..L~Cr , to me personally known, who being by me duly sworn, did say that the person is (')b~." (title) of (._~r._r,~t. L. L- C. , and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said C:~-~x' acknowledged the 'execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Publ~a(~for the State of Iowa My commission expires: pwadmin~agt~enellc.doc c-,~h<~o\-t- "A" O ~ J 3 p. u.. = ~.r~e~.~ ~ 51TE PLAN z o 09-28-99 27 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-344 RESOLUTION DECLARING INTENT TO TERMINATE THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEHNER, PATTSCHULL & PFIFFNER P.C. FOR THE CIVIC CENTER PROJECT AND AUTHORIZING THE CITY ATTORNEY TO GIVE NOTICE OF TERMINATION. WHEREAS, on June 17, 1998 the City entered into an agreement with Wehner, Pattschull and Pfiffner PC ("WPP") for architectural services for the Civic Center Project; and WHEREAS, John Shaw was the principal architect at WPP performing services under the contract; and WHEREAS, Mr. Shaw is no longer associated with WPP but 'continues to perform the required architectural services; and WHEREAS, the contract with WPP authorizes the City to terminate the contract on 7 days' written notice; and WHEREAS, it is necessary to terminate the contract with WPP and subsequently enter into a contract with John Shaw for completion of the necessary architectural services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby declares its intent to terminate said architectural contract with Wehner, Pattschull and Pfiffner P.C. 2. The City Attorney' is hereby authorized to give written notice of termination to Wehner, Pattschull and Pfiffner P.C. in accordance with said contract. Passed and approved this 28th day of S pt ~ber 19 99 · lAYOR Approved by Oity Attorney's Office eleanorVes~civicterm.doc Resolution No. 99-344 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Thornberry the Resolution be AYES: NAYS: ABSENT: X X X X X X X Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef 09-28-99 28 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-345 RESOLUTION DECLARING INTENT TO TERMINATE THE CONSULTANT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WEHNER, PATTSCHULL & PFIFFNER P.C. FOR THE IOWA CITY LANDFILL SCALEHOUSE AND RECYCLING PROJECT AND AUTHORIZING THE CITY ATTORNEY TO GIVE NOTICE OF TERMINATION. WHEREAS, on September 22, 1998 the City entered into an agreement with Wehner, Pattschull and Pfiffner PC ("WPP") for architectural services for the Iowa City Landfill Scale House and Recycle Center; and WHEREAS, John Shaw was the principal architect at WPP performing services under the contract; and WHEREAS, Mr. Shaw is no longer associated with WPP; and WHEREAS, the contract with WPP authorizes the City to terminate the contract on 7 days' written notice; and WHEREAS, it is necessary to terminate the contract with WPP and subsequently enter into a contract with John Shaw for completion of the necessary architectural services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby declares its intent to terminate said architectural contract with Wehner, Pattschull and Pfiffner, P.C. 2. The City Attorney is hereby authorized to give written notice of termination to Wehner, Pattschull and Pfiffner P.C. in accordance with said contract. Passed and approved this 28 th day of September ,19 99 City Attorney's Office eleanor',res\termrecy.doc Resolution No. 99-345 Page 2 It was moved by Thor'nbet'~'y and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Champion Ku.Sby Lehman Norton O'Donnell Thornberry Vanderhoef 09-28-99 29 Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 99-346 RESOLUTION AUTHORIZING ARCHITECTURAL CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO A'!'i'EST CONTRACT FOR ARCHITECTURAL SERVICES FOR THE IOWA CITY LANDFILL SCALE HOUSE AND RECYCLE CENTER WHEREAS, the City of Iowa City seeks to have a new landfill scale house and computerized scale system operational by September 30, 2000, to expand the landfill site to include a recycling center and household hazardous waste drop site, and to integrate all work with H.R. Green study and master plan for future expansion; and WHEREAS, these facilities shall improve and expand upon solid waste collection, separation, recycling, and landfilling functions already existing; and WHEREAS, the City wishes to proceed with architectural services with the architectural firm of John Shaw Architects of Iowa City upon termination of the previous contract for such services with Wehner, Pattschull, and Pfiffner, P.C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, upon the effective termination of the previous contract with Wehner, Pattschull and Pfiffner, P.C. and at the direction of the City Attorney, the Mayor is hereby authorized to sign and the City Clerk to attest a professional services contract for the above project, a copy of which is attached, with the architectural firm of John Shaw Architects of Iowa City, Iowa. Passed and approved this 28t, h ATTEST:Ci~'~LER¢2-'~~K ~- day of September , . City Attorney's Office It was moved by Thornberry and seconded by adopted, and upon roll call there were: 0'DOnn~ll the Resolution be AYES: X X X X NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef CONSULTANT AGREEMENT for the Iowa City Landfill and Recycle Center Project THIS AGREEMENT, made and entered into this 7"~ day of October, 1999, by and between the CITY of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Architect John F. Shaw, AIA, hereina~er referred to as the CONSULTANT. WHEREAS, the CITY of Iowa City seeks to have a new Landfill scale house and computerized scale system to expand the Landfill site to include a recycling center and household hazardous waste drop site; and to integrate all work with the H.R. Green study and master plan for future expansion, hereinafter referred to as the PROJECT and WHEREAS, these facilities shall be designed for ease of maintenance and long term use and WHEREAS, these facilities shall improve and expand upon solid waste collection, separation, recycling and landfilling functions already existing. NOW, THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services for the PROJECT as set forth herein. The work to be performed by the CONSULTANT under the Scope of Services shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver preliminary plans, final plans and contract documents for the PROJECT. The work is to be designed, bid and constructed in two phases. Phase I, Scale and Hazardous Waste Storage Building, shall include all services as set forth below related to the design and construction of an electronic scale and household hazardous waste materials storage building. Phase II, Site Work and Building, shall include all services as set forth below related to the design and construction of new roadways, and a new building to house the scalehouse, household hazardous waste processing, and recycling education center. 1. SCOPE OF SERVICES The work to be performed by the CONSULTANT under this Scope of Services shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver preliminary plans and contract documents for the PROJECT which includes: 1.1 Schematic Design Phase 1.1.1 The CONSULTANT shall review and provide a preliminary evaluation of the PROJECT program, schedule, and budget. 1.1.2 The CONSULTANT shall prepare drawings and other documents which depict several alternative concepts which satisfy program, schedule and budget requirements and make a recommendation to the CITY as to the most appropriate and/or ranking of the alternatives. CONSULTANT shall rigid mount one set of drawings for public presentation. 1.1.3 The CONSULTANT shall prepare a preliminary estimate of construction cost in sufficient detail to identify PROJECT phasing requirements, contingencies, design costs through construction administration, departmental subdivisions, and any add or deduct alternates recommended. 1.1.4 The CONSULTANT shall obtain CITY approval prior to proceeding to the next phase of design. Phase I $1,275.00 Phase II $7,930.00 Design Development Phase 1.2.1 The CONSULTANT shall prepare drawings and other documents which describe the PROJECT'S size, structural system, exterior appearance, colors, and materials, mechanical and electrical systems, floor to floor relationships, site relationships, and other appropriate elements. 1.2.2 CONSULTANT shall rigid mount one set of drawings for public presentation. 1.2.3 CONSULTANT shall update the schematic design preliminary construction cost estimate. 1.2.4 The CONSULTANT shall obtain CITY approval prior to proceeding to the next phase of design. Phase I $ 1,700.00 Phase II $11,895.00 Construction Document Phase 1.3.1 Based on the Design Development documents prepared by the CONSULTANT and any adjustments in the scope or quality or budget of the PROJECT authorized by the CITY, the CONSULTANT shall prepare for approval by the CITY, Construction Documents consisting of drawings and specifications setting forth in complete detail the requirements for the construction of the PROJECT. 1.3.2 Drawings shall be completed in electronic format AutoCAD 14 or compatible program approved by the CITY. All electronic data shall be transferred to the CITY on disks. In addition plots of all drawings shall be given to the CITY. 1.3.3 A hard copy master set of specifications shall be given to the CITY. 1.3.4 The CONSULTANT shall prepare a final construction cost estimate. 1.3.5 The CONSULTANT shall assist the CITY in preparing and filing of approval documents required of government agencies with authority over the PROJECT. 1.3.6 CONSULTANT shall provide one rigid mounted set (24" x 36") of colored, with shades and shadows, building elevations for presentation to the CITY Council. Phase l $ 3,400.00 Phase II $19,825.00 NE fee 1.2 NE fee 1.3 NE fee 1,4 Bidding or Negotiation Phase 1.4.1 The CONSULTANT shall assist the CITY in obtaining bids or negotiated proposals for the PROJECT which includes but is not limited to holding a prebid conference, preparation and distribution of addenda, responding to contractor inquiries, documentation of plan holders, distribution of plan sets, approval of substitutions, conducting bid opening, providing bid analysis, and providing a recommendation of contract award. 1.4.2 The CONSULTANT shall assist the CITY in preparing and awarding the contracts for construction. NE fee Phase I $ 425.00 Phase II $ 5,690.00 1.5 Construction Contract Administration Phase 1.5.1 The CONSULTANT'S construction review and inspection responsibilities begin with the City Council award of contract and ends with the final payment 30 days after formal City Council acceptance of work. 1.5.2 The CONSULTANT shall visit the site at intervals necessary to become familiar with the progress and quality of work and to determine if the work is being performed in a manner indicating the work is in accordance with the contract documents. From the beginning of footing and foundation construction through the "Certificate of Substantial Completion", site visits shall be no less than twice weekly. 1.5.3 The CONSULTANT shall not be required to be continuously on site. 1.5.4 The CONSULTANT shall, as necessary but no less than monthly, keep the CITY informed on the progress and quality of work, and endeavor to guard the CITY against defects and deficiencies in the work. 1.5.5 The CONSULTANT shall at all times have access to the work in progress, unless specifically denied in wdting by the CITY. 1.5.6 The CONSULTANT shall review the Contractor's "Application for Payments" and make recommendations on the amounts to be paid. 1.5.7 The CONSULTANT shall have authority to reject work that does not conform to the contract documents, and with mutual consent of the CITY may require additional tests and inspections be conducted to ensure contract document compliance of questionable components. 1.5.8 The CONSULTANT shall prepare and process all required "Field Instructions" and "Change Orders" and review and approve or take other appropriate action on Contractor submittals in a timely manner [ten (10) working days or less] so as not to delay construction. 4 1.5.9 The CONSULTANT shall prepare electronic media "record set" at the completion of construction and deliver disks to the CITY at the time of final construction payment. NE fee Phase I $ 1,700.00 Phase II $20,250.00 1.6 Services or Expenses Which Shall Be Provided by the CITY - 1.6.1 The CITY shall provide information regarding special equipment and system requirements for the PROJECT. 1.6.2 The CITY shall provide an updated budget including construction cost, CITY costs, and contingencies. 1.6.3 The CITY shall designate a staff representative as the primary contact for the CONSULTANT to coordinate any CITY response required of inquiries by the CONSULTANT. CITY decisions and responses will be rendered in a timely manner, 1.6.4 The CITY shall furnish all tests, inspections, and reports required by law or the contract documents. 1.6.5 The CITY shall respond in writing if information, surveys, and reports given to the CONSULTANT have questionable reliability, beyond those disclaimers given in such information, surveys, and reports. 1.6.6 The CITY shall promptly in wdting inform the CONSULTANT of any PROJECT deficiencies discovered by the CITY during its normal review of the progress of work. 1.6.7 If the CITY requires certification of any portion of the PROJECT work by the CONSULTANT, the language of such certification shall be submitted to the CONSULTANT for review and mutual approval at least 14 days prior to execution. 2. GENERAL TERMS 2.1. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 2.1.1 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. 2.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2,13 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" amounts listed in Section 4. The CITY may terminate this Agreement upon seven (7) calendar days' written notice to the CONSULTANT. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. It is understood and agreed that the retention of 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. 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 to 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 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. The CONSULTANT agrees to furnish all completed reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. 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 and/or computer disk for the CONSULTANT's own use. Fees paid for securing approval of authorities having jurisdiction over the PROJECT will be paid by the CITY. 6 2.14 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 prohibition enumerated in Section 362.5. 3. SCHEDULE 3.1 Time of Completion The CONSULTANT shall complete the following phases of the PROJECT in accordance with the schedule shown. The work will commence within one week of receipt of written notice to proceed. Phase I Schematic design complete to date. Design development complete to date. Construction documents complete to date. Bidding and negotiations - Sept. 28, 1999 Phase II Schematic design complete - Oct. 11, 1999 Design development complete - Nov. 1, 1999 Construction documents complete - Dec. 14, 1999 Bidding and negotiations - Feb. 8, 2000 4.2 COMPENSATION FOR SERVICES Method of Payment CITY shall pay CONSULTANT for services rendered under Section 1 - Scope of Services the Lump Sum of: $74,090. This is based on the preliminary PROJECT construction budget estimate of six hundred thousand dollars ($600,000). Should the CITY agree in writing to substantially increase or decrease the budget for the project (by 15%), this lump sum fee may be renegotiated. Payment Schedule 4.2.1 Stipulated sum. The stipulated sum shall be paid in partial amounts equal to the percentage of progress of work during each design phase. Payments will be made no more than once monthly according to the CITY's schedule of check release and paperwork deadline, dates, allowing time for CITY staff review of payment applications. 4.2.2 If the CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days written notice to CITY, suspend services under the Agreement until CITY has paid in full all amounts due. 7 4.3 4.4 4.2.3 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 schedule. Reimbursables The following shall be considered the only reimbursable expenses allowed when directly incurred for work on this PROJECT (payments shall be made on scheduled check release dates as per above as sums accumulate): 4.3.1 Reproductions of drawings and specifications provided during the bidding process. The number and cost of Bid Documents shall be agreed to in writing. 4.3.2 Postage and handling of documents during the bidding process. Additional Services Additional services are those CONSULTANT services beyond those described in the scope of services and agreed to in writing by both parties. Payments for additional services, if any, shall be made as incurred and as per CITY's scheduled check release dates as noted above. Computation of additional CONSULTANT services shall be calculated as follows: Ce Principal's time at $96 per hour. Employees' time per the schedule of hourly rates provided for the personnel involved, as provided in Attachment "A". SUBCONSULTANTS at 1.1 times amounts billed the CONSULTANT. 4.4.1 The CONSULTANT's records for the preparation of fees pertaining to the PROJECT shall be available to the CITY or CITY's authorized representative at mutually convenient times. MISCELLANEOUS Insurance Requirements 5.1.1 Certificate of Insurance, Cancellation or Modification 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. The CONSULTANT shall notify the CITY in writing at least thirty (30) calendar days prior to any change or cancellation of said policy of policies. Cancellation or modification of said policy or policies shall be considered just cause for the CITY to immediately cancel the Agreement and/or halt work on the PROJECT, and to withhold payment for any work performed on the contract. Comprehensive General Liability (1) Bodily Injury (2) Property Damage Each Occurrence $250,000.00 Ag~regate $500,000.00 $100,000.00 ii. Motor Vehicle Liability and Property Damage Insurance (1) Bodily Injury (2) Property Damage Per Person $250,000.00 PerAccident $500,000.00 $100,000.00 iii. Workers' Compensation insurance as required by Chapter 85, Code of Iowa. iv. Professional liability coverage minimum - $500,000.00 It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. Title: Na,,vnr Title: ~ Itv-~,~k~ Date: September 28. 1999 Date:,~. ? r'~,~/,,~ Approved by: CITY Attorney's Office ~""'~- I"')" Date energy~agt~rnaster. doc 1999 Hourly Billing Rates Architect 3ohn F. Shaw, AZA Attachment A Principal Architect $96.00 CAD Technician $55.00 Office Manager $46.00 AUG-~l-1999 16:05 HOLMES MURPHY/C. R. AGIMtlL CERTIFICATE OF INSURANCE ~U~ C. James Cu~ler/Suzan K. Blake, Holmes Murphy & Associates 230 - 2nd Street S.E., #212 P.O. BoX 2429 Cedar Rapids, IA 52406 .aSURE0 John F. Shaw, AIA, Architec~ 505 E. Washington Street, f101 Iowa City, IA B2240 ;OVERAGES CISR, 319 364 2132 P.02/03 ~ DAT6 (MM/00/YY) August 13, 1999 "' T~i~ '6~"TIFI~'~T~ I~ ISSUED AS ,~ MATTER OF INFORMATION C[P LY AND CONFERS NO RIGHTS THE CERTIFICATE ]~LDER, THIS CERT~RCATE DOES UPON NOT AMEND, EXTEND OR .... A_L_.T~_.R.T.H..E...~..Q~.E_~A.GE. AFFORDED .BY THE POLICIES BELOW. COMPANIE5 AFFORDING COVERAGE COMPANY A Security Zns. Co- of Hartford COMPANY B COMPANY C COMPANY D THIS I,~ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEO BELOW HAVE BEEN ~BSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PGRIOD INQICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANy CONTRACT OR OTHER QOGUMENT WITH RESPECT ~0 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TGRMS. aXCLUSIQNS AND..C..O. ND!nQNS O.F.S.U..C.H .P. qL!CIES. L!M__E.S. SHOWN_..M. Ay .H..A.V_E. BI;E.___N~R.Ep.U~.~D, .BY p.A.I._D_ CLA. iMS.: ..... ]O POUCY EFFEG*rWI~ POUGYEXPIP. A1]ON .TR POUCY NUMB DATE (MIA,'~DfYY) BAT'd,. (MM4DO~ UMFFS .... : ....... GENERAL AGGREGATE · .p~.p_p.ucT___s~.c~...~P_a,_6G_..$ · E.~C.H_ _O.C..C,.UR.RE~CE ....$ .. .FI.R~,DAMAGE,(A?y_O..nO, fi~) D0~VlbiNED SINGLE LIMIT ~DILY INJURY f~er m~son) S BODILY INJURY {Pet student) PI:IOPERI",/OAMAGc: AUTO ONLY · EA ACCIDENT OTHER THAN AUTO ONLY; EACH ACCIDENT $ AGGREGATE UMBRELLA FORM AGGBEGATE O"rHeR 'rH~n U~R,_EU,A FO~Vl iS 'WOri~,~S'~M~Ng,~ON ~ao ' ' ' SrATUmBy UM~TS ~=MPI_OVEmr I,IAIiIMTY ............................. EACH ACCIDENT THE PROPRIETOR/ INGL DISEASE · POUCY LIMFr PARTNERSfEXECUTIYE .................... OFFICERS ARE: EXCL DISEASE- EACH EMPLOYEE ;lablilLy* (t~ee year ;olicy) ~Z, 000, OO0/agg~egate. }[SGRIPTION O~ OP~RAllONi~OCATION~VEHN3L~I~CIAL trEl~ ..... 9ro~ect: Iova City T.andfill/reeycle eeRIer. TYPE OP INSURANCE GENERAL lIABILITY COM~RCLAL GENERAL UABIUTY CLAIMS MADE OCCUR OWN~R'S & CONT PROT AUTOMOBILE HAglLrlnf ANY AUTO ALL OWN6D AUTOS SCMFnULED AUYO9 HIRED AU~0S NC~q~)WNEO AUTOS GARAG~ LIABILfiY ANY AUTO =ERTIFICATE HOLE~:-~ ............. City of Iowa city Attn: David Scott, Engineering Dept. 405 E. Washington Street Iowa City, IA 52240 .............. ~3A~CELLATION .................. 9HOULO ANY OF rile ABOVE OESC~qlBED IN~UCIEg ~ C~CEL~D RE,RE ~E E~A~ ~ ~BEOF, ~E ~ ~PANY _____ DAY$ ~I~N ~CE TO THE CtHA~ATE ~LD~ NAMED m ~E LE~. ~T FNL~E ~ MAIL ~ NONCE ~ALL ~ ANt ~ U~N ~E COMPANY, 09-28-99 30 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 99-347 RESOLUTION APPROVING PURCHASE AGREEMENT BETWEEN CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT COMPANY, INC. FOR PURCHASE OF PROPERTY ON BENTON STREET ACROSS FROM ROOSEVELT ELEMENTARY. WHEREAS, the City staff had negotiated a purchase agreement with Southgate Development Company, Inc. for purchase of property on the south side of Benton Street across from Roosevelt Elementary School; and WHEREAS, said purchase agreement is subject to City Council approval; and WHEREAS, it is in the public interest of the City of Iowa City, Iowa to purchase said real estate for parkland. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest of the City of Iowa City, Iowa that the attached purchase agreement between the City of Iowa City and Southgate Development Company, Inc. for purchase of said property be approved. The attached purchase agreement is approved as to form and comment. Passed and approved this 28 th day of September ,19 99 FOVe City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: R'RnnnPll AYES: NAYS: ABSENT: X X X X x X X eleanorVes~southga.doc the Resolution be Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Southgate Development Company, Inc., SELLER 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate Johnson County, Iowa, and legally-described as follows: Lots 3 and 4 of Henry Bird's Subdivision of the following described property: Commencing at a point 2,641 feet east of the quarter section comer on the west side of Section 16, Township 79 North, Range 6 West of the 5m P.M. and 6 feet north of a line between said quarter section comer and the quarter section comer on the east side of said section, thence east parallel with and 6 feet distant from said line 518.5 feet, thence north 333 feet, thence westerly 531 feet, thence southerly along a hedge fence 335 feet to the place of beginning, with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens, mineral rights; other easements; interests of others.) designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: public use 2. PRICE. The purchase price shall be $135,000.00, payable at JOHNSON County, Iowa, as follows: purchase price to be paid in full upon possession and closing. REAL ESTATE TAXES. a. Seller shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the property, including any unpaid real estate taxes for any prior years. b. Seller shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2000) due and payable in the subsequent fiscal year (commencing July 1, 2000). Buyer shall be given a credit for such proration at closing (unless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to the public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's records on the date of possession. c. Buyer shall pay all subsequent real estate taxes. -2- 4. SPECIAL ASSESSMENTS. a. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of closing. IF a. IS STRICKEN, then Seller shall pay all installments of special assessments which are a lien on the Real Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. c. All other special assessments shall be paid by Buyer. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyer shall be as follows: a. All risk of loss shall remain with Seller until possession of the Real Estate shall be delivered to Buyer. IF a. IS STRICKEN, Seller shall maintain $ of fire, windstorm, and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies naming Buyer as additional insureds as their interests may appear. Risk of loss from such insured hazards shall be on Buyer after Seller has performed under this paragraph and notified Buyer of such performance. Buyer, if it desires, may obtain additional insurance to cover such risk. 6. CONDITION OF PROPERTY. a. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if 5.a. is stricken and there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. 7. ENVIRONMENTAL MATTERS. Seller warrants, to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks located on the property, the property does not contain levels ofradon gas, asbestos or urea- formaldehyde foam insulation which require remediation under current environmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances or underground storage tanks. Seller also shall provide Buyer with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous waste or underground storage tanks on the Property, unless disclosed here: -3- 8. POSSESSION AND CLOSING. Subject to Buyer's approval of title and both parties' timely performance of all obligations herein, closing shall be held no later than October 15, 1999, and possession of the Real Estate shall be delivered to Buyer on the date of closing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 9. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items) 10. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 11. ABSTRACT AND TITLE. Seller, at her expense, shall obtain an abstract of title to the Real Estate. It shall show merchantable title in Seller in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. 12. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer or its assignees, by WARRANTY deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 .a. through 1 .d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Seller, agrees to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 11. 14. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 15. TIME IS OF THE ESSENCE. Time is of the essence in this contract. -4- 16. REMEDIES OF THE PARTIES. If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to it. Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 17. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Seller shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 18. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 19. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. 20. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 21. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before 5:00 p.m. on September 15, 1999, it shall become void and all payments shall be repaid to the Buyer. 23. OTHER PROVISIONS. a. This Offer is subject to City Council approval on or before Wednesday, September 29, 1999. b. This purchase offer, if accepted by Seller, shall be in lieu of condemnation. CITY OF IOWA CITY, IOWA, Buyer By: Step~ ' City Manager, City of Iowa City SOUTH ATE D ~ENT C(~MPANY, INC., SELLER marym\land-acq\misc\park-ofr