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Home My WebLink About2000-04-18 Resolution Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 00-134 RESOLUTION TO ISSUE CIGARETI'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: Brothers Bar & Grill - 125 S. Dubuque Street Hawkeye Vending - 783 Hwy I West Unit 2 Passed and approved this 18th day of Apri 1 ,20 00 Approved by CI~CLERK Ci~ A~orne~'s Office It was moved by Champion and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn clerkVes~cigperm.doc 04-18-00 4c(5) RESOLUTION NO. 00-135 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Iowa City Moose Family Center - 3151 Hwy 6 East It was moved by Champion and seconded by Pfab that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O' Donnell Pfab Vanderhoef Wilburn Passed and approved this 18th day of Apri 1 ,20 00. CIT~CLERK City Attorney's Office clerk\res\danceprm .doc Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LIMITED RELEASE/ESCROW AGREEMENT FOR IMPROVEMENTS WITHIN LOUIS CONDOMINIUMS DEVELOPMENT, IOWA CITY, IOWA WHEREAS, pursuant to Title14, Chapter 6, "Zoning", of the Iowa City City Code, approval was obtained on the final planned development plan and rezoning for the development known as Louis Condominiums, Iowa City, Iowa, hereina~er referred to as "Development"; and WHEREAS, pursuant to the original Conditional Zoning Agreement and Developer's Agreement between the original Developer and City, the westerly private driveway connecting the existing Louis household and Foster Road was to be closed at such time as Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or the Foster Road widening project was commenced, whichever occurred first; WHEREAS, the Developer has requested that the requirement for closing the westerly driveway between the existing Louis residence and Foster Road be amended to allow the driveway to remain open until such time as 250 additional occupancy permits are issued for within the area to the west of the Louis driveway or until Norwood and Betty Louis cease to occupy the existing residence, whichever occurs first; and WHEREAS, City and Developer agree that it is reasonable to allow the driveway to remain open under the preceding conditions provided the Developer agrees to ensure the satisfactory closure of the existing driveway and completion of an alternative driveway between the existing residence and Louis Place as shown on the approved final plan by depositing with the City, in escrow, a sum sufficient to cover the costs of closing the existing driveway and paving such alternative driveway, and to execute an agreement providing that the City may use such escrow to complete said closure and paving should the Developer fail to accomplish same; and WHEREAS, in order to facilitate and ensure the satisfactory completion of the required closure and paving, the Parties also agree to create a lien which shall immediately attach to the escrow on deposit with the City of Iowa City for Louis Condominiums, such escrow to be in the amount of $16,500, and that this lien shall remain attached to this escrow until such time as, in the opinion of the City Engineer, the closure and paving requirement been completed; and WHEREAS, the parties wish to execute an agreement memorializing these terms. 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 execute the Limited Release/Escrow Agreement for Louis Condominiums in order to allow the existing driveway to conditionally remain open while protecting the City's interests. 2. The Council finds that transferring any real estate lien to the escrow account is reasonable under the circumstances and protects the City's interests. 3. The Mayor is hereby authorized to execute and the City Clerk to attest the Limited Release/Escrow Agreement, a copy of which is attached hereto. The City ClefR Is further directed to record the Limited Release/Escrow Agreement along with a certified copy of this Resolution in the Johnson County Recorder's Office at Developer's expense. 4. Upon certification from the City Engineer that construction of the improvements is satisfactorily completed to City specifications, the Mayor and City Clerk are authorized to execute a final release for recordation in the Johnson County Recorder's Office. It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Passed and approved this day of ,2000. MAYOR ~landuse\escrow.res Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 LIMITED RELEASE/ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS This Agreement is made by and between Norwood C. Louis II and Betty Louis, husband and wife, and H&O, LC, as property owners, hereinafter collectively referred to as "Developer," and the City of Iowa City, a municipal corporation, hereinafter referred to as "City." WHEREAS, pursuant to Title14, Chapter 6, "Zoning", of the Iowa City City Code, approval was obtained on the final planned development plan and rezoning for the development known as Louis Condominiums, Iowa City, Iowa, hereinafter referred to as "Development"; and WHEREAS, pursuant to the original Conditional Zoning Agreement and Developer's Agreement between the original Developer and City, the westerly private driveway connecting the existing Louis household and Foster Road was to be closed at such time as Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or the Foster Road widening project was commenced, whichever occurred first; WHEREAS, the Developer has requested that the requirement for closing the westerly driveway between the existing Louis residence and Foster Road be amended to allow the driveway to remain open until such time as 250 additional occupancy permits are issued for within the area to the west of the Louis driveway or until Norwood and Betty Louis cease to occupy the existing residence, whichever occurs first; and WHEREAS, City and Developer agree that it is reasonable to allow the driveway to remain open under the preceding conditions provided the Developer agrees to ensure the satisfactory closure of the existing driveway and completion of an alternative driveway between the existing residence and Louis Place as shown on the approved final plan by depositing with the City, in escrow, a sum sufficient to cover the costs of closing the existing driveway and paving such alternative driveway, and to' execute an agreement providing that the City may use such escrow to complete said closure and paving should the Developer fail to accomplish same; and WHEREAS, in order to facilitate and ensure the satisfactory completion of the required closure and paving, the Parties also agree to create a lien which shall immediately attach to the escrow on deposit with the City of Iowa City for Louis Condominiums, such escrow to be in the amount of ~16,500, and that this lien shall remain attached to this escrow until such time as, in the opinion of the City Engineer, the closure and paving requirement been completed. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH BELOW, IT IS AGREED AS FOLLOWS: 1. Developer acknowledges that, pursuant to Title 14, Chapter 6, "Zoning", of the Iowa City City Code, approval was obtained on the final planned development plan and rezoning for the development known as Louis Condominiums, Iowa City, Iowa, hereinafter referred to as "Development". Pursuant to the Original Conditional Zoning Agreement and Developer's Agreement between the Developer and City for said development, the westerly private driveway connecting the existing Louis household and Foster Road was to be closed at such time as Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or the Foster Road widening project was commenced, whichever occurred first ' ~ 2. The Parties hereto acknowledge that Developer has requested that the requirement for closing the westerly driveway between the existing Louis residence and Foster Road be amended to allow the driveway to remain open until such time as 250 additional occupancy permits are issued for within the area to the west of the Louis driveway or until Norwood and Betty Louis cease to occupy the existing residence, whichever occurs first. Further, Developer acknowledges and agrees that the requirement and retention of an escrow is a reasonable method to ensure closure of the existing driveway and completion of an alternative driveway between the existing residence and Louis Place as shown on the approved final plan, and Developer agrees that the City may use such escrow to complete said closure and paving should the Developer fail to accomplish the paving requirement. 3. Developer and City acknowledge and agree that closure of the existing driveway and completion of an alternative driveway between the existing residence and Louis Place as shown on the approved final plan (hereinafter "improvements") is hereby guaranteed by an escrow in the sum of $16,500.00 (hereinafter "improvements escrow). The above referenced improvements shall be made in accordance with the City-approved final OPDH plan and in accordance with applicable City specifications as reviewed and approved by the City Engineer. 4. The above-referenced improvements shall be completed within ninety (90) calendar days after the occurrence of either of the conditions outlined in paragraph 2 above, and the failure of the Developer to timely complete said improvements within the above time period may be considered a default by the City under the terms of this agreement, and the City may then use said sum within the improvements escrow for completion of the required improvements. 5. In the event the Developer defaults in making the above-referenced improvements for which the improvements escrow has been deposited, or in the event the Developer fails to complete the above-referenced improvements within the ninety (90) calendar day time period, the City shall have the right, but not the obligation, to use the improvements escrow to complete the improvements through contract or otherwise. This includes the specific right to enter upon the subject property to make the improvements. If the improvements escrow is not sufficient to allow the City to complete the required improvements, the Developer shall be required to pay the City the amount by which the cost of completing the improvements exceeds the amount of the improvements escrow deposited. Should the City use the improvements escrow or a portion thereof the complete the required improvements, any amounts remaining after completion shall be applied first to the City's administrative costs in completing the improvements, with any balance remaining being refunded to the Developer. Nothing in this Agreement shall be construed to impose any requirement on the City to install the original improvements at issue herein. Further, the remedies outlined in this agreement are non-exclusive, and shall not be construed to restrict, abridge or limit those additional remedies available to the City as provided by law. 6. The parties acknowledge and agree that this agreement is being entered into in consideration of the City's amendment and release of the Original Conditional Zoning Agreement and Developer's Agreement requirement that the westerly private driveway connecting the existing Louis household and Foster Road shall be closed at such time as Norwood C. Louis II and Betty Louis ceased to occupy the existing single family residence, or the Foster Road widening project was commenced, whichever occurred first, as recorded in Book , Pages , and Book , Pages , respectvely, Johnson County Recorder's Office. This Limited Release/Escrow Agreement shall not be construed as a release of any of the original obligations under said Conditional Zoning Agreement and/or Developer's Agreement or other covenants and agreements, which obligations shall remain the responsibility of said Developer and its successors until finally released by the City. Nor shall this Limited Release/Escrow Agreement in any way alter, amend or modify the Original Conditional Zoning Agreement and/or Developer's Agreement recorded in the Johnson County Recorder's Office except as provided in this agreement, 7. The provisions of this Agreement shall inure to the benefit of and bind the parties, their successors and assigns. Dated this day of ,2000 CITY OF IOWA CITY, IOWA BY: Ernie Lehman, Mayor Attest: Marian K. Karr, City Clerk Appr. oved by: tC i~ y~ Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 00-136 RESOLUTION APPROVING THE FINAL PLAT OF WINDSOR RIDGE, PART FIFTEEN, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Arlington, L.C., filed with the City Clerk the final plat of Windsor Ridge, Part Fifteen, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Johnson County, Iowa, to wit: A portion of the West One-Half of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Beginning at the Northwest Corner of the Southeast Quarter of Section 7, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence S89°58'56"E, along the North Line of said Southeast Quarter, 771.89 feet, to the Northwest Corner of a Plat of Survey in accordance with the Plat thereof Recorded in Plat Book 15, at Page 53, of the records of the Johnson County Recorder's Office; Thence SO0°O0'20"W, along the West Line of said Plat of Survey, 326.03 feet to the Southwest Corner thereof, and a Point on the West Line of Parcel "A" of a "Boundary Survey and Legal Description" in accordance with the Plat thereof recorded in Plat Book 30, at Page 48, of the Records of the Johnson County Recorder's Office; Thence S00°29'10"E, along said West Line and Southerly projection thereof 1930.37 feet, to a Point on the Northerly Right-of-Way Line of Court Street; Thence Southwesterly, 598.90 feet, along said Northerly Right-of-Way Line on a 2926.05 fOOt radius curve, concave Southeasterly whose 597.85 foot chord bears S85°33'19"W; Thence S79°41'30"W, 175.21 feet, to a Point on the West Line of said Southeast Quarter; Thence NO0°29'10"W, along said West Line, 2334.34 feet to the Point of Beginning. Said Tract of Land contains 40.27 Acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and Resolution No. 00-]36 Page 2 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 18th day of Apri 1 ,2000. ATTEST: It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadmin/res/w~lsrdgel 5.doc 04-18-00 6r Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 00-137 . RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF WOODLAND RIDGE SUBDIVISION, PART THREE, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Jeff and Jennifer Maxwell, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Woodland Ridge Subdivision, Part Three; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Woodland Ridge Subdivision, Part Three, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 18th day of A~il//-¢2.' 2000~~..~ T ppdadm/res/extrplat.doc Resolution No. 00-137 Page 2 It was moved by Vanderhoef and seconded by 0 ' Donnel 1 the Resolution be adopted. and upon roll call them were: AYES: NAYS: ABSENT: X Champio. n X Kanner X Lehrrfan ~' O'Donnell X Pfab X Vanderhoef X Wilbum · STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB00-0007. Woodland Ridge Part Three Date: April 6, 2000 GENERAL INFORMATION: Applicant: Jeff & Jennifer Maxwell P.O. Box 1802 Iowa City, Iowa 52246 Phone: 354-5858 Contact person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Preliminary plat approval Purpose: To create a seven-lot residential subdivision with one outlot Location: At the east terminus of Meadow View Lane Size: 22.32 acres Existing land use and zoning: Undeveloped, County RS Surrounding land use and zoning: North: Agricultural, RS; East: Highway 218; South: Agricultural, A1; West: Agricultural, RS. Comprehensive Plan: Fringe Area C. Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: February 24, 2000 45-day limitation period: April 9, 2000 BACKGROUND INFORMATION: The applicants, Jeff and Jennifer Maxwell, are requesting a preliminary plat of Woodland Ridge, Part Three, a 22.32 acre, seven-lot residential subdivision with one outlot for property located at the east terminus of Meadow View Lane SW. Part Three is to be located on property previously platted as Outlot D within Woodland Ridge, Part One, which was labeled "reserved for future development." ANALYSIS: The proposed preliminary plat appears to be in conformance with the City's subdivision regulations. A grading plan is required due to steep slopes located in the property. The grading plan has been submitted and approved. Fringe Area Policies: This property is located within Fringe Area C, but outside of the City's adopted growth boundary. It is currently zoned Suburban Residential (RS), which permits residential development at a density of one unit per acre. Although the policies of the Fringe Area Agreement encourage the retention of the agricultural character of most of Area C, the development of land that is already zoned for development is permitted. This parcel would fall into that category. City Rural Design Standards apply in these instances. It appears that all Rural Design Standards are being met, although a letter of approval from the Hills Fire Department has not yet been submitted. If not received before the April 6 meeting, approval of this plat should be subject to this information being submitted prior to Council consideration of the plat. Street Design: The proposed development involves the extension of an existing cul-de-sac, Meadowview Lane, approximately 800 feet farther to the east, and the provision of a stub street, Nutwood Drive, to the adjacent property to the north. If extended onto the adjacent property in the future, Nutwood Drive would provide a second means of access to this development. Another opportunity for an additional access point exists from Meadowview Lane to the south within the previously platted portions of the subdivision, but has not yet been established. The existing streets within this development were constructed to a higher standard than that required by the Rural Design Standards, and are paved with curb and gutter rather than crushed rock. The proposed street extension would match the current street materials and cross section. The County recently amended its subdivision regulations to prohibit cul-de-sac streets of over 1000 feet in length. Although Meadowview Lane would at least temporarily be a long cul-de- sac (approximately 2,300 feet), the Board of Supervisors has the authority to approve such a situation if it feels that emergency vehicle access is adequate. In this case, the proposed street would be constructed to a higher standard than a typical street within a County subdivision, and the option of a secondary access in the future exists due to the stub street being proposed. Similar situations have been approved within the corporate limits as well, such as the First and Rochester and Walnut Ridge developments. Staff sees no reason for the City to recommend against the waiver that the Board will be asked to grant. Environmentally Sensitive Areas: The proposed street extension will require the disturbance of two ravines on the property. One has been previously disturbed, but will likely require more filling to establish the roadway. The other will likely require a great deal of fill as well. The development of the lots themselves can occur on flatter ground on the tops of the ridges located on the property, although the County Health Department will have to approve the proposed waste water and water distribution systems. Since this property is not within the corporate limits, the Sensitive Areas Ordinance does not apply. 3 Storm Water Management: A storm water management easement was previously provided on a portion of Outlot D, but was not sized to accommodate the future development that was anticipated on this outlot. An additional easement has been provided at the southeast corner of Lot 4 to accommodate run off from the eastern portion of the subdivision. The County does not require storm water management for new residential subdivisions, and as such, installation of the above referenced facilities will not be required at this time. However, the City does require and review storm water calculations and the provision of easements based on the City's Storm Water Management Ordinance for plats within the two- mile Fringe Area. For properties outside of the growth boundary, but within the Fringe Area, review under the City's ordinance is conducted to ensure that if the growth boundary is extended at some point in the future and the subdivision annexed, storm water management requirements can be met. If conflicts between property owners arise due to the lack of storm water management provisions, the City should not be responsible for resolving these issues. STAFF RECOMMENDATION: Staff recommends that SUB00-0007 a request for a preliminary plat of Woodland Ridge, Part Three, a 22.32 acre, seven-lot residential subdivision with one outlot located at the east terminus of Meadowview Drive, be approved, subject to evidence of approval of the plat by the Hills Fire Department prior to City Council consideration of the plat. ATTACHMENTS: 1. Location Map. 2. Preliminary Plat. Approved by: ~/f//~ Robert Miklo, Senior Planner Department of Planning and Community Development I°?t,I I Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-]_3R RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GREG AND BETH VAN DUSSELDORP FOR .77 ACRES OF PROPERTY LOCATED ADJACENT TO 4387 KOUNTRY LANE, SE AND TO DISPOSE OF SAID PROPERTY IN ACCORDANCE THEREWITH. WHEREAS, the South Sycamore Regional Greenspace and Stormwater Project requires the acquisition of a portion of the property owned by Greg and Beth Van Dusseldorp at 4387 Kountry Lane, SE; and WHEREAS, the City recently took possession a .77 acre parcel of property directly adjacent to 4387 Kountry Lane; and WHEREAS, the City and the Van Dusseldorps have negotiated a purchase agreement whereby the Van Dusseldorps would convey to the City the property interests the City needs for the South Sycamore Regional Greenspace and Stormwater Project in exchange for the City conveying to the Van Dusseldorps the .77 acre of parcel of property; and WHEREAS, a public hearing on said purchase agreement has been held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The purchase agreement attached hereto for the transfer of a .77 acre parcel of property located adjacent to 4387 Kountry Lane, SE, Iowa City, Johnson County, Iowa, to Greg and Beth Van Dusseldorp in exchange for the property interests the City needs from the Van Dusseldorps for the South Sycamore Regional Greenspace and Stormwater Project is in the public interest, and approved as to form and content. 2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to execute said purchase agreement. Passed and approved this 18th day of Apf'i ] ,2000. CIT~LERK City AtCorney's O~ce Resolution No. 00-138 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X . O'Donnell X Pfab X Vanderhoef X Wilbum OFFER TO BUY REAL ESTATE AND ACCEPTANCE AND OFFER FOR TEMPORARY CONSTRUCTION EASEMENT TO: Greg Van Dusseldorp and Beth Holm, husband and wife, Sellers. 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Johnson County, Iowa, legally depicted on the attached plat, marked Exhibit "A", and described as follows: Parcel 9A Commencing at the East one-quarter corner of Section 26, Township 79 North, Range 6 West of tile Fifth Principal Meridian, Johnson County, Iowa; Thence S88°36'22'W, along the north line of the Southeast one-quarter of said Section 26, a distance of 281.10 feet; Thence S01°23'38"E, 210.75 feet to the Point of Beginning; Thence continuing S01°23'38"E, 68.99 feet; Thence S88°36'22"W, 170.00 feet; Thence N01°23'38"W, 44.04 feet; Thence easterly 13.31 feet along an arc of a 260.00 foot radius curve, concave southerly, whose 13.31 foot chord bears N89°27'47"E; Thence noaheasterly, 159.76 feet, along an arc of a 400.00 foot radius curve, concave noahwesterly, whose 158.70 foot chord bears N79°29'17"E, to the Point of Beginning. Said Parcel 9A contains 0.20 acres and is subject to easements and restrictions of record, 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. TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION. City of Iowa City, Iowa, hereinafter "BUYER," further offers to buy a Temporary Construction Easement ("Temporary Easement") upon real estate situated in Johnson County, Iowa, described on the plat attached to the Temporary Construction Easement Agreement attached as Exhibit "B", upon the terms described in said Agreement. 3. CONSIDERATION. As consideration for the property interests described in paragraphs 1 and 2, Buyer agrees to convey by warranty deed to Sellers pursuant to the attached Offer to Buy Real Estate and Acceptance marked as Exhibit "C" the property legally depicted as Parcel 10A on the attached plat marked as Exhibit "D," and legally described as follows: Parcel 10A Commencing at the East one-quarter corner of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Io~va; Thence N005°54'24"W, along the easterly line of the Northeast one-quarter of said Section 26, a distance of 16.50 feet; Thence S88~36'22"W, 55.07 feet to the Point of Beginning; Thence continuing S88°36'22"W, 226.17 feet; Thence S01°23'38"E, 227.25 feet; Thence northeasterly, 301.31 feet, along an arc of a 400.00 foot radius curve, concave northwesterly, whose 294.24 foot chord bears N46°28'00"E; Thence northeasterly, 31.37 -2- feet, along an arc of a 100.00 foot radius curve concave northwesterly, whose 31.24 foot chord bears N15°53'58"E to said Point of Beginning. Said Parcel 10A contains 0.77 acres and subject to easements and restrictions of record. Sellers further agree that if Buyer conveys said property described as Parcel 10A on attached Exhibit "D" prior to completion of the South Sycamore Regional Storm Water and Green Space Project ("Project"), Buyer may use said property as a temporary construction easement for the Project as set forth in attached Exhibit "E" until completion of the Project or until July I, 2002, whichever is sooner. 4. REAL ESTATE TAXES. a. Sellers 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. Sellers 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, 2001) due and payable in the subsequent fiscal year (commencing July 1,2001 ). 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. 5. SPECIAL ASSESSMENTS. a. Sellers shalI pay all special assessments which are a lien on the Real Estate as of the date of closing. b. IF a. IS STRICKEN, then Sellers 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. 6. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of possession of the Real Estate to Buyer shall be as follows: a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyer. b. 1F a. IS STRICKEN, Sellers shall maintain $ of fire, ~vindstorm, 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 aa an additional insured as its interests may appear. Risk of loss from such insured hazards shall be on Buyer after Sellers have performed under this paragraph and notified Buyer of such performance. Buyer, if it desires, may obtain additional insurance to cover such risk. 7. 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 6a. 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 Sellers, 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. b. Within 15 days after the acceptance of this Agreement Buyer may, at its sole expense, have the property inspected by a person of its choice to determine if there are any structural, mechanical plumbing, electrical, environmental, or other deficiencies. Within this same period, Buyer may notify in writing the Sellers of any deficiency. Sellers shall immediately notif3' Buyer in writing of xvhat steps, if any, Sellers will take to correct any deficiencies before closing. Buyer shall then immediately in writing notify Sellers that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. c. If "b" is deleted, Buyer acknowledges that it has made a satisfactory inspection of the Property and is purchasing the real estate in its existing condition. 8. ENVIRONMENTAL MATTERS. a. Sellers warrant, to the best of their 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 of radon gas, asbestos or urea- formaldehyde foam insulation which require remediation under current environmental standards, and Sellers have done nothing to contaminate the property with hazardous wastes or substances. Sellers warrant 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. Sellers 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: __ b. Buyer may, at its expense, within 15 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent on the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Sellers are required by Buyer pursuant to the foregoing sentence, to expend any sum in excess of $ 0.00 to remove any hazardous materials, substances, conditions or wastes, Sellers shall have the option to -4- cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by Buyer. The expense of any action necessary to remove or otherwise make safe any hazardous material, substance, conditions or waste shall be paid by Sellers, subject to Sellers' right to cancel this transaction as provided above. 9. 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 April 1, 2001, 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. 10. 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) 1 I. 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. 12. ABSTRACT AND TITLE. Sellers, at their expense, shall obtain an abstract of title to the Real Estate. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. 13. DEED. Sellers shall convey the Real Estate to Buyer or its assignees, by WARRANTY deed, free and cIear 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. 14. 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. 15. 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, -5- 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. 16. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 17. REMEDIES OF THE PARTIES. a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Sellers' 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) Sellers 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 Sellers fail to timely perform this contract, Buyer has the right to have all payments made returned to it. c. Buyer and Sellers 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. 18. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Sellers shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 19. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 20. 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. 21. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 22. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as ~nasculine, feminine or neuter gender, according to the context. 23. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before 5:00 p.m. on February 15, 2001, it shall become void and all payments shall be repaid to the Buyer. -6- 24. OTHER PROVISIONS. Prior to BUYER's use of the property depicted as Parcels 8E and 8F on attached Exhibit "F," over which a gravel access road exists, BUYER shall install a new collector street and private drive from the collector street to Kountry Lane Apartments as shown on attached Exhibit "G". 25. This agreement is being executed in lieu of condemnation. DATED: ~[~b~rv.e*~-7/~'. ?_ I~0l CITY OF IOWA CITY, IOWA, Buyer By: p~' Ste Ci~ Manager Thisofrerisaccepted ~rv~'7 tr ,2001 SELLERS marym\land-acq\south sycamoreXvan dusseldorp offer to buy2 - fee simple ,, , ;~J /' ,,-- / -., ....... ~... ____~)x: --- -' "' ~ , ~"~ "J ~:~ ,,,,~,,,~ ~N,, ....~ '-,,,,-,~---~,,~ ,,~,, ~ ~ ""-,, ~",~,-,~,,,, ~ ~ ~' ":~,,,,-~,~'--,, ~ ":-~,,,-x, "-~,~ ~ = ~ ~2 ~ ~ "'--~'-, - -'-_ ~~ ~:~ ""'--~:c,--,,"'---,_"""'- ....... ~ ~ ' ,~ ~ Z,~ "--,, '--__, ,' ~ ~, ~ ~ ~ ' ~ ~ """"'--,,,, Z' ~' -,,,,,,,,,,,,,, , , : o, ~I ~ - '~ ',-,,,, , ~ ~ , y Sheet Btle: ~r ~ 1 PER OTY REQU ~ . I ~ = ~ CONSULTANt, INC PE~ C,TY REV. ~ 8 ~" M Iowo City, rowo (319) 351-8282 z ~ I1: Pro~ct ~tle: ~" ~ ~9N-R6W-5TH PM JOHNSON COUP. IOWA es e Drown b~ Checked b~ k ~ j ,, ,~ MAS JEL EXHIBIT "B" Prepared by: Eleanor M. Dilkes, City Attomey; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT SOUTH SYCAMORE REGIONAL GREENSPACE AND DRAINAGE PROJECT THIS AGREEMENT, made and entered into by and between Greg Van Dusseldorp and Beth Holm, husband and wil~, hereinaPter "OWNERS", and the City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, OWNERS and CITY agree as follows: 1. OWNERS state and covenant that they are the owners of certain real estate described on Exhibit A attached hereto, by virtue of legal and/or equitable title, that they are lawfully seized and possessed of said real estate, and that they have good and lawful right to convey this easement. 2. OWNERS do hereby grant and convey to CITY a temporary construction easement in, over and across that portion of OWNERS' property described and shown on Exhibit A attached hereto (hereafter "Temporary Easement AreaD for the purpose of facilitating CITY's construction of the South Sycamore Regional Greenspace and Drainage Project ("public improvement"), which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said public improvement. 3. The term of this Temporary Construction Easement will be for the period of time required by CITY to complete the construction of the public improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond July 1, 2002. 4. With respect to the Temporary Construction Easement, OWNERS grant the following fights: a. CITY shall have the right to make excavations within the Temporary Easement area, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold OWNERS harmless from third party liability during said construction. b. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Area, but excluding the replacement of -2- trees, shrubs and brush on the Easement Area. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area. c. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to OWNERS. d. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of CITY's rights pursuant to this Temporary Easement Agreement. 5. CITY covenants and agrees that existing driveways, fences, underground drainage tile or other site features, with the exception of trees, shrubs and brush, which are removed or disturbed shall, to the extent reasonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. Following installation of the public improvement, all areas within the Temporary Easement Area which are disturbed will be graded to form a uniform slope, and the area substantially restored to its prior condition, with the exception of the replacement of trees, shrubs and brush. 7. The provisions hereof shall inure to the benefit of and hind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY expense. SIGNED this/{.s day of /Y)~j~rt']', ,200 } CITY OF IOWA CITY, IOWA OWNERS · City Clerk Beth ~ ' -3- City Attomey's Office OWNERS' ACKNOWLEDGEMENT STATE OF IOWA ) ' )SS: JOItNSON COUNTY ) On this / ~ day of ~f~'4~ ~-, ,200 / , before me, the undersigned, a Notary PubLic in and/br the above-nmned county and state, personally appeared Greg Van Dusseldorp and Beth Holm, husbm~d and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument. and acknowledged that they executed the same as their voluntary act and deed. .... P in State of Iowa. CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this \ko~3'' day of X'X'X~ G~, ,200 I , 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 swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instmmem was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. marym\land-acqXsouth sycamore\van dusseldorp t EXHIBIT "C" OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: City of Iowa City, a municipal corporation, Seller. 1. REAL ESTATE DESCRIPTION. The Buyers offer to buy real estate in Johnson County, Iowa, legally depicted on the attached plat, marked Exhibit "D", and described as follows: Parcel 10A Commencing at the East one-quarter comer of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N005°54'24"W, along the easterly line of the Northeast one-quartar of said Section 26, a distance of 16.50 feet; Thence S88°36'22"W, 55.07 feet to the Point of Beginning; Thence continuing S88°36'22"W, 226.17 feet; Thence S01°23'38'E, 227.25 feet; Thence northeasterly, 301.31 feet, along an arc of a 400.00 foot radius curve, concave northwesterly, whose 294.24 foot chord bears N46°28'00"E; Thence northeasterly, 31.37 feet, along an arc of a 100.00 foot radius curve concave northwesterly, whose 31.24 foot chord bears N15°53'58"E to said Point of Beginning. Said Parcel 10A contains 0.77 acres and subject to easements and restrictions of record. 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 Buyers, on possession, are permitted to make the following use of the Real Estate: residential Buyers further agree that if Seller conveys said property described as Parcel 10A herein prior to completion of the South Sycamore Regional Storm Water and Green Space Project ("Project"), Seller may use said property as a temporary construction easement for the Project as provided in attached Exhibit "E" until completion of the Project or until July 1, 2002, whichever is sooner. 2. CONSIDERATION. As consideration, Buyers agree to convey by warranty deed to Seller, pursuant to the attached "Offer to Buy Real Estate and Acceptance and Offer for Temporary Construction Easement" from Seller to Buyers dated ,2000, and by this reference incorporated herein, the property legally depicted as Parcel 9A on the attached plat marked as Exhibit I'A" to said Offer, and legally described as follows: Parcel 9A Commencing at the East one-quarter comer of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence S88°36'22"W, along the noah line of the Southeast one-quarter of said Section 26, a distance of 281.10 feet; Thence S01°23'38"E, 210.75 feet to the Point of Beginning; Thence continuing S01°23'38"E, 68.99 feet; Thence S88°36'22"W, 170.00 feet; Thence N01°23'38"W, 44.04 feet; Thence easterly 13.31 feet along an arc of a 260.00 foot radius curve, -2- concave southerly, whose 13.31 foot chord bears N89°27'47"E; Thence northeasterly, 159.76 feet, along an arc of a 400.00 foot radius curve, concave noahwesterly, whose 158.70 foot chord bears N79°29'17"E, to the Point of Beginning. Said Parcel 9A contains 0.20 acres and is subject to easements and restrictions of record, 3. 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 its 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, 2001) due and payable in the subsequent fiscal year (commencing July 1, 2001). Buyers 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. Buyers shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. a. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of closing. b. IF a. IS STRICKEN, then Seller shall pay all installments of special assessments which am a lion 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 Buyers. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller' s delivery of possession of the Real Estate to Buyers shall be as follows: a. All risk of loss shall remain with Seller until possession of the Real Estate shall be delivered to Buyers. b. IF a. IS STRICKEN, Seller shall maintain $ of fire, windsterm, and extended coverage insurance on the Real Estate until possession is given to Buyers and shall promptly secure endorsements to the appropriate insurance policies naming Buyers as additional insureds as their interests may appear. Risk of loss from such insured hazards shall be on Buyers after Seller has performed under this paragraph and notified Buyers of such performance. Buyers, if they desire, may obtain additional insurance to cover such risk. -3- 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 Buyers, and further 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, Buyers 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 Seller shall not be required to repair or replace same. b. Within 15 days after the acceptance of this Agreement Buyers may, at their sole expense, have the property inspected by a person of its choice to determine if there are any structural, mechanical plumbing, electrical, environmental, or other deficiencies. Within this same period, Buyers may notify in writing the Seller of any deficiency. Seller shall immediately notif31 Buyers in writing of what steps, if any, Seller will take to correct any deficiencies before closing. Buyers shall then immediately in writing notify Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyers. c. If "b" is deleted, Buyers acknowledges that they have made a satisfactory inspection of the Property and are purchasing the real estate in its existing condition. 7. ENVIRONMENTAL MATTERS. a. 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 of radon 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 Buyers 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: b. Buyers may, at their expense, within 15 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Properly. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, Buyers obligation hereunder shall be contingent on the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyers. However, in the event Seller is required by Buyers pursuant to the foregoing sentence to expend any sum in excess of $ 0.00 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyers all earnest money paid and declare this Agreement null and void. The expense of any inspection shall be paid by Buyers. The expense of any action necessary to remove or otherwise make safe any hazardous material, -4- substance, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 8. POSSESSION AND CLOSING. Subject to Buyers' approval of title and both parties' timely performance of all obligations herein, closing shall be held as provided in Paragraph 1 of this Offer, and possession of the Real Estate shall be delivered to Buyers 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, wail 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: the barn. 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 its 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. Seller shall convey the Real Estate to Buyers 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 Seller continuing up to time of delivery of the deed. 13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of this offer, holds title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not Iater destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Real Estate, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Seller 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. -5- 16. REMEDIES OF THE PARTIES. a. If Buyers 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, Buyers have the right to have all payments made returned to it. c. Buyers 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 Buyers intend to assume or take subject to a lien on the Real Estate, Seller shall furnish Buyers 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 February 15, 2001, it shall become void and all payments shall be rapaid to the Buyers. 23. OTHER PROVISIONS. None. -6- /~Greg V, n Dussel~o~rp ~ By: Beth~i~'~ ~ This offer is accepted ~g~O~ ~y / ~ ,200 [ CITY OF IOWA CITY, IOWA, SELLER By:~~, Ci~ Clerk Tmxpayer ID No. 42-6004805 marym\land-acq\south sycamore\van dusseldorp offer to buy3 - fee simple foe. toe., too 2 w T. ~.,2' 'ARCEL $YP.~ ARMS ARI~A 1/4 29.4q' R - : 473.89':~ Unt~ La~e Apts ) ~88'35'22'E L :~"~' 6.4~ ACRe5 .............. " 50 FOOT ~DE LEGEND AN D NOTES / s~ - ~AL C~R. ~CORDKO L~A~ON - PR~ C~E~ ~T (5/8" It~ Pin w/LS C~) ~ EXISTINC CONSERVAT~0N - ~ORARY C~ST~C~ EASEMENT EASEMENT UMI~5 - FOR PARKWAY (ffiCHT-~-WA~ - ACQUIRED FOR (SYCAMORE - ACQUIRED IN F~K SIMPLE APA~ENTS) ~EGAL DESCRFPT[ON (~CAMORE A p~5~ oF 1he N~thw~t one-Quit[or 0f qhc ~thv~( ~e-~ter of Secli~ 25, T~ APA~) N~th. Range 6 West end ~ porllo~ er [h~ N~h~ost me-~t~ 0t the ~lhe~t Parcel (~camore Fsrm8 ,~, ' Porcc~ ~ec Campshy) / / / EASEMEN LI IT5 r / / sw co'~a;~ (SyC~Ore "Z' "' ................... ............ / t I,~/1 T T M RVATJON ~EC 25 T79~ ~6~ F~8 ~ ~' 'J* ................................ ~ 1 PER CITY V Sheet ~tle: ~ ~ ACQUISITION PLAT MMS CONSULTANt, ~NC ~: 2 PER ~ Pro~Ct ~Ue: Iowa City. Iowa (319) 351-8282 PA~ OF ~ S~ 3/40[ S~. 26 · PA~ OF ~ SW 1/4 ~ Designed b~ Drawn b~ Checked b~ ~ ~ 0r sm ~-~gN-~W-5~ PM. 10WA C~. IOWA MAS JEL EXHIBIT "E" Prepared by: Eleanor M. Dilkes, City Attorney; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT SOUTH SYCAMORE REGIONAL GREENSPACE AND DRAINAGE PROJECT THIS AGREEMENT, made and entered into by and between Greg Van Dusseldorp and Beth Holm, husband and wife, heroinafter "VAN DUSSELDORPS", and the City of Iowa City, Iowa, a municipal corporation, hereinafter "CITY." In consideration of their mutual promises herein, VAN DUSSELDORPS and CITY agree as follows: 1. The parties state and covenant that they have executed Offers to Buy and Acceptance in which CITY has agreed to convey to VAN DUSSELDORPS property shown on Exhibit "C" attached to Offers and legally described as follows in exchange for certain property to be conveyed to CITY: Parcel 10A Commencing at the East one-quarter corner of Section 26, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N005°54'24"W, along the easterly line of the Northeast one-quarter of said Section 26, a distance of 16.50 feet; Thence S88°36'22"W, 55.07 feet to the Point of Beginning; Thence continuing S88°36'22"W, 226.17 feet; Thence S01°23'38"E, 227.25 feet; Thence northeasterly, 301.31 feet, along an arc of a 400.00 foot radius curve, concave noahwesterly, whose 294.24 foot chord bears N46°28'00"E; Thence nottheasterly, 31.37 feet, along an arc of a 100.00 foot radius curve concave northwesterly, whose 31.24 foot chord bears N 15°53'58"E to said Point of Beginning. Said Parcel 10A contains 0.77 acres and subject to easements and restrictions of record. 2. In the event that the property described in Paragraph 1 of this agreement is conveyed to VAN DUSSELDORPS prior to July 1, 2002 and CITY has not yet completed construction of the South Sycamore Regional Greenspace and Drainage Project, the VAN DUSSELDORPS do hereby grant and convey to CITY a temporary construction easement in, over and across the property described in Paragraph 1 for the purpose of facilitating CITY's construction of the South Sycamore Regional Greenspace and Drainage Project ("public improvement"), which grant to CITY shall include necessary grading, excavation, piling of dirt, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said public improvement. -2- 3. The term of this Temporary Construction Easement will be for the period of time required by CITY to complete the construction of the public improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond July 1, 2002. 4. With respect to the Temporary Construction Easement, VAN DUSSELDORPS grant the following rights: a. CITY shall have the right to make excavations within the Temporary Easement area, and to grade as CITY may find reasonably necessary for the construction. CITY covenants and agrees to protect such excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold VAN DUSSELDORPS harmless from third party liability during said construction. b. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the Temporary Easement Area, but excluding the replacement of trees, shrubs, brush, and the bam on the Easement Area. CITY shall indemnify VAN DUSSELDORPS against loss or damage which occurs as a result of CITY's negligent acts or omissions in the exercise of its easement rights herein. Once the Temporary Easement Area has been restored to substantially its prior condition and except as expressly provided in this Temporary Easement Agreement, CITY shall have no further responsibility for maintaining the Temporary Easement Area. c. CITY shall have the right of ingress and egress to and from the Temporary Easement Area by such route within the Temporary Easement Area as shall occasion the least practical damage and inconvenience to VAN DUSSELDORPS. d. CITY shall have the right to trim or remove all trees and brush which may interfere with the exercise of CITY's rights pursuant to this Temporary Easement Agreement. 5. CITY covenants and agrees that existing driveways, fences, underground drainage tile or other site features, with the exception of trees, shrubs, brush, which are removed or disturbed shall, to the extent masonably possible, be replaced by CITY to conform with features or items removed during construction. CITY further agrees that all grassed areas disturbed by the construction shall be seeded within a reasonable time after construction is complete. 6. Following installation of the public improvement, all areas within the Temporary Easement Area which are disturbed will be graded to form a uniform slope, and the area substantially restored to its prior condition, with the exception of the replacement of trees, shrubs, and brush. -3- 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and shall be recorded in the Johnson County Recorder's Office, at CITY expense. SIGNED this/~"~ day of 4-'-~b, ,200 j . CI F IOWA CITY, IOW~ VAN DUSSELDOP, TPS , City Clerk B e'~y,s' Office~ VAN DUSSELDORPS' ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this / X day of '~ ~ b- ,200 1 , before me, the undersigned, a Notary Public in and for the above-named cotrely and state, personally appeared Greg Van Dusseldorp and Beth Holm, husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. .... -4- CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this '~2~ day of ~ho,~ c_~,_ ,200 [ , 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 kno~vn, who being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing insgent; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ernest W. Lehman and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ot inNan i o '7 ta eof owa , OFFER TO BUY REAL ESTATE AND ACCEPTANCE " AND OFFER FOR TEMPORARY CONSTRUCTION EASEMENT TO: Van Dusseldorp and Beth Van Dusseldorp, husband and wife, Sellers. l. The Buyer offers to buy real estate in County, Iowa, legally on the attached plat, marked Exhibit "A", and described as Parcel 9A at the East one-quarter comer of Section ~ 79 North, Range 6 West of ?ifth Principal Meridian, Johnson County, Thence S88°36'22'W, along line of the Southeast one-quarter of said S. 26, a distance of 281.10 feet; Thence °23'38"E, 210.75 feet to the Point Thence continuing S01 feet; Thence S88°36'22'W, 17 feet; Thence N01o23'38"W, 44.04 feet; 13.31 feet along an of a 260.00 foot radius curve, concave southeft' 3se 13.31 ,; Thence northeasterly, 159.76 feet, alor :of a 400.00 concave northwesterly, whose 158.70 foot chord N79°29'17"E, to Point of Beginning. Said Parcel 9A contains 0.20 acres and 'ect to and restrictions of record, with any easements and a but subject to the following: a. any zoning and other ordinances; b. any covenants of record easements of record for public utilities, roads and highways; and d. (consider: liens, mineral ri ; other easements; interests of others.) designated the; provided Buyer, on to make the following use of the Real Estate: public use 2. TEMPORARY DESCRIPTION. City of Iowa City, Iowa, hereinafter "BUYER," further to buy a Temporary ("Temporary Easement") upon real estate situated in County, Iowa, m the plat attached to the Temporary Construction Easement as Exhibit B d Agreement. 3. As consideration for the property described in paragraphs 1 and 2, t by warranty deed to Sellers to Buy Real Estate and Acceptance Exhibit "C" the property legally depicted 10A on the attached plat marked as Exhibit and legally described as follows: Parcel 10A at the East one-quarter comer of Section 26, Township West Fifth Principal Meridian, Johnson County, Iowa; Thence 5°54'24"W, ' line of the Northeast one-quarter of said Section 26, e of 16.50 S88°36'22'W, 55.07 feet to the Point of Beginning; Thence 226.17 feet; Thence S01°23'38"E, 227.25 feet; Thence feet, along an arc of a 400.00 foot radius curve, 94.24 foot chord bears N46°28'00"E; Thence northeasterly, 31.37 feet, along foot radius curve concave northwesterly, whose 31.24 foot chord bears N15°53'58"E to said Point of Beginning. Said Pamel 10A contains 0.77 acres and subject to easements and resu~ictions of record. -2- owever, the parties acknowledge said property was condemned by Buyer from Sycamore rapany as an uneconomic remnant as part of a larger condemnation on November 16-17, 1999 is cu ently part ofa condemnation appeal by Sycamore Farms Company, CaseNo. EQCV06042 ,n Cou , Iowa. The parties further acknowledge that Buyer cannot convey said property to elk until and Buyer ees to pursue resolution of the condemnation appeal in good faith. If s~ ~roperty has not been convey d to Sellers within two years of the date that Sellers convey the ty described in ~his agreement to Buyer, Sellers at their them $6,000.00 plus interest property described in paragraph 1 of this Agreement and: for the temporary interest described in paragraph 2 of this lieu of Buyer conveying the property Parcel 10A on attached Exhibit "D.' Interest accrue at the rate of 4% annually from the Sellers convey the property described in ~h 1 to Buyer. Sellers further agree that if Buyer said property described as Parcel attached Exhibit "D" prior to completion of the Regional Storm Water and Space Project ("Project"), Buyer may use said property temporary construction easement the Project as set forth in attached Exhibit ect or until December: whichever is sooner. 4, REAL a. Sellers shall pay all ,~state taxes are due and payable as of the date of possession and constitute a lien including any unpaid real estate taxes for any prior years. b. Sellers shall pay ~pon the date of possession, of the real estate taxes for the fiscal year possession is given (ending June 30, 2000) due and payable in the subsequent commencing July 1, 2000). Buyer shall be given a (unless this agreement is for an installment upon known actual net real estate taxes payable according to the f such taxes are based upon a partial assessment of the present improvements changed tax classification as of the date of possession, be current millage rate, the assessed value, legislative and real will actually be applicable as shown by t2 on the date of c. r all subsequent real estate taxes. a. shall pay all special assessments which are a lien on Estate as of the date of IF a. IS STRICKEN, then Sellers shall pay all installments of s assessments which are a lien on the Real Estate and, if not paid, would become delim uring the calendar year this offer is accepted, and all prior installments thereof. c. All other special assessments shall be paid by Buyer. 6. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of possession of the shall be as follows: -3- a. All risk of loss shall remain with Sellers until possession of the Real Estate delivered to Buyer. IF a. IS STRICKEN, Sellers shall maintain $ of fire, and extended coverage insurance on the Real Estate until possession is given to B hall secure endorsements to the appropriate insurance policies as an insured as its interests may appear. Risk of loss from such in shall be . Buyer after Sellers have performed under this paragraph and Buyer of such Buyer, if it desires, may obtain additional insurance t :h risk. a. The Real shall be pieserved in its delivered intact at the time possession is provided, however, if is stricken and there is loss or destruction of any part of the Real Estate covered by the insurance maintained by Buyer agrees to accept or deslroyed Real Estate together with such in its present condition and Sellers shall not be rel repair or replace b. Within 15 days acceptance of~ Agreement Buyer may, at its sole expense, have the property by a its choice to determine if there are any structural, mechanical environmental, or other deficiencies. Within this same period, B~ the Sellers of any deficiency. Sellers shall immediately notify Buyer in wn 5 what steps, if any, Sellers will take to correct any deficiencies before closing. in writing notify Sellers that (1) such steps are acceptable, in e this Agreement, as so modified, shall be binding upon all parties; or (2) that acceptable, in which case this Agreement shall be null and void Buyer. c. If "b" is deleted, Buyer t has made a satisfactory inspection of the Property and is condition. 8. ENVIRONMENTAl a. Sellers he best of their knowledge wells, solid sites, hazardous wastes or or underground storage tanks the property does asbestos or urea- formal foam insulation which require current environmental standards Sellers have done nothing to contaminate property with hazardous wastes ;ubstances. Sellers warrant that the property is not to any local, state, or udicial or administrative action, investigation or as the case may be, : wells, solid waste disposal sites, hazardous wastes or underground tanks. Sellers also shall provide Buyer with a executed no wells disposal sites, waste or underground storage tanks on the Property, Buyer may, at its expense, within 15 days after the date of acceptance, from a qualified engineer or other person qualified to analyze the existence or hazardous materials, substances, conditions or wastes located on the Property. In t] any hazardous materials, substances, conditions or wastes are discovered on Buyer's obligation hereunder shall be contingent on the removal of substances, conditions or wastes or other resolution of the y to Buyer. However, in the event Sellers are required by Buyer the foregoing ;entence, to expend any sum in excess of $ 0.00 to any hazardous substances, conditions or wastes, Sellers shall have to cancel this and refund to Buyer all earnest money Agreement null and inspection shall be paid by Buyer. expense of any action to remove or otherwise make safe any hazardous substance, conditions or be paid by Sellers, subject to Sellers' cancel this transaction as 9. POSSESSION AND )SING. Subject to Buyer's of title and both parties' timely performance of all obligations closing shall be held no April 21, 2000, and possession of the Real Estate shall be to Buyer on the with any adjustments of rent, insurance, and interest to be made as o ession. 10. FIXTURES. All property that to or is part of the Real Estate, whether artached or detached, such as light fixtures. , blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water automatic heating equipment, air conditioning equipment, wall to wall carpeting, I service cable, outside television towers and antenna, fencing, gates part of Real Estate and included in the sale except: (consider: rental items) 11. USE OF PURCHASE At time of settlement, of the purchase price may be used to pay taxes and other liens and outstanding interests, of others. 12. ABSTRACT AND Sellers, at their expense, : Real Estate. in Sellers in conformity with this Iowa law and Title Standards of the Iowa State ] Association. 13. DEED. y the Real Estate to Buyer or its assignees, by deed, free and clear of all and encumbrances except as provided in 1 .d. Any general warranties 0 only to the time of acceptance of this offer, as to acts g up to time of delivery of the deed. 14. TENANCY 1N PROCEEDS AND IN REAL ESTATE. If Sellers, ~ mediately preceding ance of this offer, hold title to the Real Estate in joint tenancy with ful right of and the joint tenancy is not later destroyed by operation of law or by acts of the Sell s, then the of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong Sel .......~;~ this to the su~iving Seller and to accept a deed from the su~iving Seller consistent with Pa¢~aph 11. ~5- 5. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately prece ce of this offer, executes this contract only for the purpose of relinquishing all rights of and distributive shares or in compliance with Section 561.13 of the Iowa Code and ~ execute or real estate contract for this purpose. 16. TIME THE ESSENCE. Time is of the essence in this contract. 17. PARTIES. a. If Buyer mely perform this contract, Sellers provided in the Iowa Code, and all made shall be forfeited or, at Sell option, upon thirty days written notice of accelerate the payment of the balance because of such failure (during days such failure is not Sellers may declare the entire balance , due and payable. contract may be foreclosed in equity receiver. b. If Sellers fail to timel' ; contract right to have all payments made returned to it. c. Buyer and Sellers also are entitled to and all other remedies or actions at law or in equity available to them and shall to obtain judgment for costs and attorney fees as permitted by law. 18. STATEMENT AS TO LIENS. : intends to ect to a lien on the Real Estate, Sellers shall furnish Buyer with a holder of such lien, showing the correct balance due. 19. SUBSEQUENT Any real estate contract in performance of this contract shall be on a form of the Z ;late Bar Association. 20. APPROVAL OF If the sale of the Real Estate is Court approval, the fiduciary shall promptly s for such approval. If this it shall be void. 21. CONT T BINDING ON SUCCESSORS IN INTEREST. This apply to and bind the success s in interest ofthe parties. 22 C STRUCTION. Words and phrases shall be construed as m the singular or and ,inine or neuter gender, according to the context. ' -6- / 23. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before 5:00 p.m. on 2000, it shall become void and all payments shall be repaid to the Buyer. OTHER PROVISIONS. BUYER agrees that prior to its use of the property depicted as ched Exhibit "F" which was acquired from Sycamore Apartments Company, an the approximate location shown in red hatched lines on said attached Exhibil 25. executed in lieu of condenmation. DATED: CITY OF Buyer By: Stephen J. City Manager This offer is accepted )00. SELLERS Greg Van Dusseldorp Beth Van Dusseldorp Taxpayer ID No. Taxpayer ID No. marymXland-acq~south ~j ~,~ . , ,- ~ ~j ..../.,. . .,,. ~1 ~ " --" . --" · - ~-- ~,~,~ . ..,. f .--' ..,-- "~ ~:s::'':,~ ....................d:----~-"' ' "- ~--- - _ , , ~ ~ - _ --.~ '~ '-~ ' ' ~ ~ ""~'~Z "' ~ ',,, -~ "-~... ~ j ~ "'--,,,,,,,,,,,, ~ -- ~ ~ ~ '-,, ........ ~ ~ ~ ~ "-... ~ ~ ~' ,,, Sheet Title: V. ,~r , ~' 2 PER CrTY REV. Pro~ct ~tle: ~ Iowa City, to,o (519) 351-8282 z PART OF ~E NE 1/4 SE 1/4 OF SEC. 26 ~ o '9 d b~ ~ ~9N-R6W-STH PM, JO~SON COUP, IOWA es, ne Dro.n b~ Checked b~ /I EXHIBIT "B" Dennis Mitchell, Asst. City Attomey; 410 E. Washington St.; Iowa City, IA 522~ 356-5030 TEMPORARY CONSTRUCTION EASEMENT AGIF SYCAMORE REGIONAL GREENSPACE AND PROJECT THIS made and entered into by and between Van Dusseldorp and Beth hereinafter "OWNERS" d the City of Iowa City, Iowa, a hereinafter "CITY." t, OWN~ and CITY agree as iBllows: 1. OWNERS state they are owners of certain real estate described on Exhibit A attached by virtue of and/or equitable title, that they are lawfully seized and possessed o real estate. they have good and lawful right to convey this easement. 2. OWNERS do hereby to CITY a temporary construction easement in, over and across that ic property described and shown on Exhibit A attached hereto (hereafter Area") for the purpose of facilitating CITY's construction of the South Regional Greenspace and Drainage Project ("public improvement"), shall include necessary grading, excavation, piling of materials and equipment, and ingress and egress of persons and the Easement Area, as needed to complete said 3. The term of this ' will be for the period of time required by CITY to the construction of the but in no event shall the duration Easement beyond December 31, 2001. 4. With resp t to the Temporary Construction OWNERS grant the following rights: a. CITY shall have the right to make excavations withi the Te~nporary Easement area, and to grade as CITY may find reasonably neces for the construction. CITY covenants and agrees to protect such excavations uring construction; to promptly fill said excavations following construction; and to liable for and hold OWNERS harmless from third party liability during said constru ion. shrubs and brush on the Easement Area. CITY shall indemnify OWNERS against loss or damage which occurs as a result of CITY's negligent acts or -2- omissions in the exercise of its easement rights herein. Once the Easement Area has been restored to substantially its prior condition and expressly provided in this Temporary Easement Agreement, CITY no further responsibility for maintaining the Temporary Easement Area. c. CITY shall have the right of ingress and egress to and Temporary Easement Area by such route within the Temporary Area as shall :casion the least practical damage and inconvenience to d. have the right to trim or remove all trees and ' which may interfere ghts pursuant to this ' Easement Agreement. 5. CITY covenants agrees that existing driveways, fenc drainage tile or other site features, the exception of trees, shrubs ~ brush, which are removed or disturbed shall, to the possible, be ~laced by CITY to conform with construction. agrees that all grassed areas disturbed by the constructic be ~ reasonable time after construction is complete. 6. Following installation of the all areas within the Temporary Easement Area which are disturbed will be slope, and the area substantially restored to its prior condition, with the of the replacement of trees, shrubs and brush. 7. The provisions hereof shall inure to 7 and bind the successors and assigns of the respective parties hereto, shall be runs with the land and with the title to the land, and shall be in the County Recorder's Office, at CITY expense. SIGNED this ~ day of CITY OF IOWA OWNERS B Greg Van Dusseldorp By: ~74~Z- ~L) I Clerk Beth Van Dusseldorp / -3- City OWNERS' ACKNOWLEDGEMENT ) On this __day ,2000, before me, Public in and for the above-named and state, personally appeared Dusseldorp and Beth Van Dnsseldorp, husband wife, to me known to be the persons named in and who executed the within and instrument, and that they executed the same as their voluntary act and State of Iowa. STATE OF IOWA ) )SS: JOHNSON COUNTY ) Onthis t~ dayof A,'r<tt_. me, theundersigned, a Notary Public in and for said County, in said State, rnest W. Lehman and Marian K. Karr, to me personally known, who bein. me duly .... , did say that they are the Mayor and City Clerk, respectively, of said ~ , corporation exec ing the within and foregoing instrument; that the seal affixed thereto ' tl seal of said municip corporation; that said instrument was signed and sealed on ~al of said municipal corporation by authority of City Council of said i it and by executed. Notary Public in and for the tale of Iowa tce \ EXHIBIT "C" OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: City a municipal corporation, Seller· 1. REAL The Buyers offer to buy real estate in Joh ', Iowa, legally depicted plat, marked Exhibit "D", and described as follows ParceI 10A Commencing e East one-quarter comer of Section 26. 79 North, Range 6 West of the Fifth Meridian, Johnson County, N005°54'24"W, along the easterly of the Northeast one-c a distance of 16.50 feet; Thence "W, 55.07 feet to the Point of t Thence continuing S88°36'22"W, 226.17 Thence S01°23'38"E, 22Z feet; Thence northeasterly, 301.31 feet, along an 3 foot radius concave northwesterly, whose 294.24 foot chord .~8'00"E; 31.37 feet, along an arc of a 100.00 foot radius curve whose 31.24 foot chord bears N15°53'58"E to said Point ~eginning. S; Parcel 10A contains 0.77 acres and subject to easements with any easements and appurtenant eft to the following: a. any zoning and other ordinances; b. any covenants of record; easements of record for public utilities, roads and highways; and d. (consider: liens. ; interests of others.) designated the; provided Buyers, on po/fiession, ar~ permitted to make the following use of the Real Estate: / ?/ residential ,/ · ' ' , Farms Company as an 2;;2t7;2 it-17, i999, and is cn=ntly part of a condemnation appeal by Sy~more Farms Company, Case EQCV060422, Johnson County, Iowa. The parties further acknowledge that Seller cannot convey ~ as said condemnation appeal by Syriamore Farms Company is resolved. property to Buyers as soon as pract!eable following resolution of the appeal, and Seller agrees to pursue resolution of the.condemnation appeal in good faith. If said has not been conveyed to Buyers within two years of the date that Buyers convey the property in paragraph 2 of this agreement to Seller, ,Buyers at their option may require Seller to $6,000.00 plus interest and $700.00 plus interest for the temporary construction easement described "B" in lieu of Seller conveying the property described as Parcel 10A in attached Exhibit "C." accrue at the rate of 4% annually from the date Buyers convey the property described in para ~h 1 to Seller. Buyers further agree it if Seller conveys said property described as Parcel 10A in Exhibit "C" prior to completion of the South Sycamore Regional Storm Water and Green ("Project"), Seller may use said property as a temporary construction easement for the Project in attached Exhibit "Ep until completion of the Project or until December 31,2001, whichever is / / 2. ~CONSIDERATION. As consideration, Buyers agree to convey by warrant' to Seller, pursuant to the attached "Offer to Buy Real Estate and Acceptance and Offer ~' Construction Easement" from Seller to Buyers dated March 27, 2000 and by this reference incorporated herein, the -2- properly legally depicted as Parcel 9A on the attached plat marked as Exhibit "A" to said Oft~r. lega y described as follows: Parcel 9A ommencing at the East one-quarter comer of Section 26, Township 79 North, 6 t of the Fifth Principal Meridian, Johnson County, Iowa; Thence S88°3~ alon the north line of the Southeast one-quarter of said Section 26, a distance 0 feet: ence S01°23'38"E, 210.75 feet to the Point of Beginning; Thenc co g ' . 12. · r g concave sou erly, whose 13.31 foot chord bears N89°2T47"E; ce northeasterly, ng an arc of a 400.00 foot radius curve, concave t\vestl rly, whose s 0 t i 3. REAL ESTATE a. Seller shall pay all estate taxes that are due as of the date of possession and constitute a lien the property, incl any unpaid real estate taxes for any prior years. b. Seller shall pay its ;hare, based the date of possession, of the real estate taxes for the fiscal year in is given (ending June 30, 2000) due and payable in the subsequent fisca g July l, 2000). Buyers shall.be given a credit for : (unless this agreement is for an installment contract) based last known actual net real estate taxes payable according to the public record. if such taxes are based upon a partial assessment of the present property a changed tax classification as of the date of possession, such proration s be the current millage rate, the assessed value, legislative tax rollbacks that will actually be applicable as shown by the Assessor's c. Buyers shall pay all uent real estate taxes· a. Seller shall assessments which are a the Real Estate as of the date of closing. b. IF a. IS then Seller shall pay all installments of s :ial assessments which are a lien c Estate and, if not paid, would become delin~ during the calendar year this c ~pted, and all prior installments thereof. c. special assessments shall be paid by Buyers. \ 5. ;SANE INSURANCE. Risk of loss prior to Seller's delivery ofp ssession of the a. All risk s ain with Seller until possession of the R shall be delivered to Buyers. ~,,, b. IF a. IS STRICKEN, Seller shall maintain $ of fire, windstorm, an xtended coverage insurance on the Real Estate until possession is given to Buye and shall pro(nptly ~ecure endorsements to the appropriate ipsurance policies na.' g Buyers as 1 Buyers, if they desire, may obtain additional iCrance to cover such a. The Real be preserved in its and delivered intact at the time .ivered to Buyers, except that the acknowledge tbat Seller intends to demolish and said Real Buyers consent to said demolition and removal, further provided, 5.a. is stricken and there is loss or destruction of all any part of the Real from causes covercd by the insurance maintained by agrees to such or destroyed Real Estate together with such in its present condition and Seller shall not be to repair or ~lace same. b. Within 15 days of this Agreement Buyers may, at their sole expense, have the property if there are any structural, mechanical environmental, or other deficiencies. Within this same period, Buyers in writing the Seller of any deficiency. Seller shall immediately notify Buyers of what steps, if any, Seller will take to correct any deficiencies befor immediately in writing notify Seller that (1) such stele which e this Agreement, as so modified, shall be binding upon all parties; or not acceptable, in which case this Agreement shall be earnest , shall be returned to Buyers. c. If "b" is deleted, IE have made a satisfactory inspection of the Property and : the real xisting condition. a. Seller to the best of its knowledge no abandoned wells, solid disposal sites, hazardous wastes or or underground storage tanks the property, the property 'radon gas, asbestos or urea- foam insulation which require remediation current environmental and Seller has done nothing to contaminate the with hazardous wastes substances. Seller warrants that the property is not sub local, state, or federal .judicial or administratife action, investigation or order~ as thecare , be, regarding wells, solid waste disposal sites, hazardous wastes or substances or un 3und storage tanks. Seller also shall provide Buyers with a properly executed GRO HAZARD STATEMENT showing no wells sohd waste d~sposal s~tes, waste or underground storage tnks on the Pr'ope?t~ unless disc osed her b. Buyers may, at their expense, within 15 days after the date of acceptance, from a qualified engineer or other person qualified to analyze the -4- \" hazardous materials, substances, conditions or wastes located on the Property. In . any hazardous materials, substances, conditions or wastes are discovered on the '\ Buyers obligation hereunder shall be contingent on the removal of such \ substances, conditions or wastes or other resolution of the matter reasonably to Buyers. However, in the event Seller is required by Buyers pursuant foregoing sentence to expend any sum in excess of $ 0.00 to hazardous materials, substances, conditions or wastes, Seller shall have the to cancel this h'ansaction and refund to Buyers all earnest money paid and Agreement null void. The expense of any inspection shall be paid by The expense of any necessary to remove or otherwise make safe any material, substance, or waste shall be paid by Seller, subject to right to cancel this >n as provided above. 8. CLOSING. Subject to Buyers' of title and both parties' timely performance of all obli herein, closing shall be held as tgraph 1 of this Offer, and possession of the Real Estate !1I be delivered to Buyers on g with any adjustments of rent, insurance, and ~ossession. 9. FIXTURES. All property integrally to or is part of the Real Estate, whether attached or detached, such as light shades, awnings, windows, storm doors, screens, plumbing fixtures, water heaters automatic heating equipment, air conditioning equipment, wall to wall carpeting, outside television towers and antenna, fencing, gates and landscaping shall part of Real Estate aud included in the sale except: the barn. The parties acknowledge to demolish and remove said barn during construction of the South Sycamore Green Space Project and Buyers consent to said demolition and removal. 10. At time funds of the purchase price may be used to pay taxes and other liens and to .~ire outstandinfl if any, of others. 11. ABSTRACT AND Seller, at its expense, an abstract of title to the Real Estate. It in Seller in conformity agreement, Iowa law and Title Standards 12. DEED. Sel r shall convey the Real Estate to Buyers or its ass~ by WARRANTY deed, free and clear of ~a~l;ens, reslrictions, and encumbrances except as pr~ 1.a. through 1 .d. Any 13. JQ/INT TEN~CY ~ PROCEEDS A~ ~ ~AL ESTATE. If Seller, imme lately preceding accepmn~ of this offer, holds title to the Real Estate in joint tenancy with Bll right of s ivorship, and the joinVtenancy is not later desWoyed by operation of law or by acts of ~e Seller, then t proceeds of this sa)6, and any continuing or recapSred rights of Seller in the Real Es~te, shall belon to Seller as joint enants with full rights ofsu~ivorship and not as tenants in common; and Buyer , ' nt of the '5- of either Seller, agree to pay any balance of the price due Seller under this contract to the survivin to accept a deed from the surviving Seller consistent with Paragraph 11. \ 14. qDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediatel preceding acce this offer, executes this contract only for the purpose of relinquishing all ri ts of dower. homestead shares or m comphance w~th Secnon 561 13 of the lo~a C execute r real estate contract for this purpose. ,/ ,/ 15. TIME tE ESSENCE. Time is of the essence in this contract. / 16. PARTIES. a. If Buyers fails to perform this contract, Seller k as provided in the Iowa Code, and all made shall be forfeited or, option, upon thirty days written notice of accelerate the f the entire balance because of such failure (during days such failure is orrected) Seller may declare the entire payable. contract may be foreclosed in equity and the Court may ~ b. If Seller fails to timely have the right to have all payments made returned to it. c. Buyers and Seller also are entitled and all other remedies or actions at law or in equity available to to obtain judgment for costs and attorney fees as permitted by law. 17. STATEMENT AS TO LIENS. or take subject to a lien on the Real Estate, Seller shaI1 furnish Buyers a written statement the holder of such lien, showing the correct balance due. 20. CO RACT BINDiNG ON SUCCESSORS IN INTEREST. This contract sh 1 apply to and bindShe N ' . of the parties \ ~~r~~ J./CO STRUCTION. Words and pi~rases shall be construed as in the singular or plura umber, and s masculine feminine or neuter gende according to the context -6- 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before 5:00 p.~on April 19, 2000, it shall become void and all payments shall be repaid to the Buyers. XC~3. OTHER PROVISIONS. None. DATED: By: Greg Van By: Beth Van Dusseldorp This offer is accepted ,2000. SELLER BYlaW' Ernest W. Lehman, Mayor By: ~In K. Karr, City Taxpayer ID No. , offer to buy3 - fee simple / / /' // fl A - ~'5s'2e'h3~lT OF BEGINNING ~OU?H S!'CAMQ~ R~G]ONAI, ~'19~ IAI1R PROJBCI' ,~c. 2~- ,t,-,ew ?: ~' (PAF~ ~ ~ ~ m sa~-.xr2s'w MM$ PARC~I. NVMBOt$ fOA, 108 IOC, SOD muNo sc~ 4844.11' ~ ~ ~, * 6 m = 40'46'41 t~tq/ L8 e Apes ) 56'09'27" ,. ,.170.00" \ - . , Om ~0 l~ ~O ~O0 GRAPHIC SCALE IN FEET ~ " ::PARCEL /' .......... _~ ..... AREA ACR]BS ~'/' C 50 FOOT LECEN D AN D \NOTES ASE NT - CONGRESSIONAL CORNER. 0UND / / I - PR~ERTY CORNIrRCS), FOUND X. O - PR(~°ERTY CORNE~ SET \ (5/8" Iron Pin w/LS Cop) " ' - TEMPORARY CONSTRtJCTION E:ASEM~N~ li)EXISTINC CONSERVATION · EASEMENT LIMITS (RIGHT-OF-WAY) X, - ACQUIRED FOR GREENSPAC~ (SYCAMORE ~ - ACQUIRED IN FEE SIMPLE \I APARTIvIENTS) (SYCAMORE LECAL DESCR,F'TIOr'~ APAFfRVlE~) '~ North, Rmge 6 West and a podlon or the NodheosI one-qd0rtr~ or the S~ulheost one-quode' \\ Parcel 10A \%\\,. Commencing at the East ~e-buert~' cc~n~ el ~ection 26, ;o~mshlp 79 Nodh. Range 6 West .? ~//. t~e nnh Prh~cbd ,¥dion. Job,son C~n!y. e,.~; 'me,ca ,oas~'~4'w. olon~, Ihe the related survey work was performed by me or under my d~rect ~ feet to the Po~nt of Beginn;ha: Thence cont;nu;ng S88'36'22'W. 226.17 feet; Thence personal supervision and that ~ om o duly I!censed Len~ Surveyor ; / under the lows of the State Qf Iowa. t~t/~ S01~3'38'E, 227.25 feet: ]~mcenorth~sl~ty, 301.31 leet, don~oncrco16400.00fo~tratus curve. concave northwesterly, whose 294,24 foot chord bears N46'28'00'E; Thence whose ,~1.24 loot chord bears NIS~,~'58'E to said Point of B~hnk~q. Said Pored I0A conta~s · \ · MARK A. STEIN, L.S. Iowa Lic. No. 14675 / / / el the West one-quarrel cornet of Section 25, Township 79 Ninth, amge 6 We~t My Ijcense renewal dote ~s December 31.20 C'(. / ~ the $o~Jthwcst one-~orter el said Section 25, o distance el 190,16 feet; ~enol coqcove northwestely, whose 822. foot chord bears S47'53'59°~, Thence S54'0T02'E, :/// 45,51 feet; T~cnce S29'41'45'[, 61.79 el; Thence n~dheostaiy, ~)7.43 feel alma on ate of a 'I~, 1S4T~E.7~ 5::;]0= ,//,/ IN ,*:* ~ / and restrictions of record. / # ,,, ,, ,\ · · / //// Parce~\lOD ///,/ w CO,NET, (Sycemore Earms Compe. nY) ACqUI'SITION PLAT MMSCONSULTANTS, ~NC o="-' 2 PER CITY RE:V. z o_,"' II Project Title: M Iowa City, Iowa (319) 351-8282 z K ~ ~. .. ~ P^~T OF THE SI~ ~/4 OF SEC. 26 &PART OF THE 6W I/4 Des ~ ~ ~ ~ OF SE~ 2~-rTOS-ReW-STH pu. ~OW^ CFFY. ZOW^ EXHIBIT "E" y: Dennis MitchelI, Asst. City Artorney; 410 E. Washington St.; Iowa City, IA 52240 356-5030 TEMPORARY CONSTRUCTION EASEMENT AGREI :AMORE REGIONAL GREENSPACE AND PROJECT THIS made and entered into by and between Dusseldorp and Beth Van Dusseldor and wife, hereina~er "VAN and the City of Iowa City, Iowa, a ~oration, hereinafter "CITY." In consideration of promises herein, VAN and CITY agree as follows: 1. The parties state and enant that they to Buy and Acceptance in convey :SELDORPS property shown on Exhibit "C" attached to as follows in exchange for certain property to be conveyed to CITY: 10A Commencing 26, Township 79 North, Range 6 Meridian, Johnson County, Iowa; Thence N005°54'24"W, along line of the Northeast one-quarter of said Section 26, a 16.50 Thence S88°36'22"W, 55.07 feet to the Point of S88°36'22"W, 226.17 feet; Thence S01°23'38"E, 227 feet; 301.31 feet, along an arc of a 400.00 concave whose 294.24 foot chord bears N46°28'00"E y, 31.37 along an arc of a 100.00 foot radius curve, chord bears N15°53'58"E to said ,f Beginning. Said Parcel acres and subject to easements 2. In the event the property described in paragraph 1 agreement is conveyed to VAN DUS~ prior to December 31, 2001 and has not yet completed ~f the South Sycamore Regional Drainage Project, the VAN do hereby grant and convey to temporary construction over and across the property described in I for the purpose of facili ~ng CITY's construction of the South Sycamore Greenspace and a of materials and /, 3. Temporary Construction Easement will be for the period CITY to complete the construction of the public improvement, but in no event shall Temporary Construction Easement extend beyond December 31,2001 4. With 3ect to the Temporary Construction Easement, VAN DUSSELDORP~ the a. shall have the right to make excavations within the Easement area, to grade as CITY may find reasonably necessary construction. CITY and agrees to protect such excavations construction; to promptly said excavations following construction; and liable for and hold VAN harmless from third said construction. b. CITY shall , backfill any trench made by it, any damages caused by CITY with Temporary Easement the replacement of trees, shrubs, and the bam on the Area. CITY shall indemnify VAN against loss occurs as a result of CITY's negligent acts the exercise 'ghts herein. Once the Temporary Easement, been j its prior condition and except as expressly in this Easement Agreement, CITY shall have no further for the Temporary Easement Area. Notwithstanding the above, ge that CITY intends to demolish and remove the bam on said and VAN DUSSELDORPS' hereby consent to said demolition and removal. c. CITY shall have the right and egress to and from the Temporary Easement Area by such the Temporary Easement Area as shall occasion the least d. CITY shall hay, trim all trees and brush which may interfere with the exercise of l ights pursuant t this Temporary Easement Agreement. 5. CITY covenants and a es existing driveways, ces, underground drainage tile or other site features, wi the exception of trees, shrubs brush, and the barn, which are removed or disturbe shall, to the extent reasonably po sible, be replaced by CITY to conform with feat s or items removed during construetie CITY further agrees that all grassed areas dist bed by the construction shall be seeded ithin a reasonable time after construction is c mplete. .... restored its prior condition, with the exception of s, shrubs, brush, and the _/ -3- 7. The provisions hereof shall inure to the benefit of and bind the successors and respective parties hereto, shall be deemed a covenant which runs with the the titl6to the land, and shall be recorded in the Johnson County Recordl at CITY expe/~Se. SIGNED this . day of ,2000. CITY OF IOWA CITY, IOWA VAN DUSSt \ Approved by City Attomey's Office \ STATE OF IOWA ) )ss: JOHNSON COUNTY ) / On this day of ,2000 Public in and for the above-named unty and state, ersona Dusseldorp and Beth Van Dusseldorp, husb and wife, to me known to be the identical named in and who executed the w~th~ and foregoing ~nstrttment, and acknowledged that executed the same as their v01unt ed. ' ' / /' Notary Public in and for the / / / // CITY'S ACKNOWLEDGEMENT STATE QF IOWA ) '\ )ss: JOHNSONh~OUNTY ) On this __ , of I~ e(~ I ~-- ,2000, before me, the undersigned, , Public in and for said State, personally appeared Ernest W. Lehman Marjan K. Karr, to me personally who being by me duly swom, did say that the Mayor and City Clerk, respectively, said municipal corporation executing and foregoing instrument; that the seal affixed is the seal of said municipal that said instrument was signed and sealed corporation of City Council of said municipal corporation; said Ernest W. Lehman Marjan K. Karr acknowledged and said municipal corporation, by it and by them voluntaril' ~ Public in and for the State of Iowa marym~land-acqXsouth sycamore\van, h'4b 04-18-00 Prepared by: Kumi Mords, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 00-139 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE POLICE DEPARTMENT SECOND FLOOR PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS, WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:30 p.m. on the 25t" day of May, 2000, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 13 day of June, 2000, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 18th day of p ~ ] 22 Ap(~~~/,.. ATTEST: ' ' ' ~ %~.L/) ~1..~0 C~ City Attomey's Office i:wvengVes'%oolice.doc Resolution No. 0 0 - :13 9 Page 2 It was moved by Pfab and seconded by 0 ' Donnel 1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champio. n X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef x Wilbum 04-18 -00 10 Prepared by:Eleanor Dilkes, City Attomey, 410 E.'Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-140 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY ,e, ND STANLEY CONSULTANTS, INC. FOR PROPERTY ACQUISITION AND RELOCATION SERVICES FOR THE NEAR SOUTHSIDE TRANSPORTATION CENTER PROJECT WHEREAS, the City of Iowa City has commenced the Near Southside Transpodation Center project and has authorized acquisition of property needed for the project; and WHEREAS, property acquisition and relocation services must be conducted in compliance with State and Federal law; and WHEREAS, 80% of the cost of said services is reimbursable from the Federal transit Administration; and WHEREAS, following a Request for Proposal process the City Attorney has negotiated an agreement with Stanley Consultants, Inc., to complete property acquisition and relocation services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement attached hereto is in the public interest and is approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest said agreement. Passed and approved this18thday of Apri 1 ,20. fO . / ). ,,.- _ City Attorney's Office It was moved by Vandorhn~f and seconded by W i ] bur'n the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn eleanoaesLstanleyss.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ! t~ 4~ day of ~ ~ I L. ,2000, by and between the City of Iowa City, a municipal corporation, hereinafier referred to as the CITY and Stanley Consultants, Inc., of Mnscatine, Iowa, hereinat~er referred to as the CONSULTANT. WHEREAS, the City of Iowa City, Iowa is desirous of obtaining the services of a Consulting firm to provide property acquisition and relocation services: for the Near Southside Transportation Center. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as follows: 1. SCOPE OF SERVICES A. I~ASIC SF-RVICFS: CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner. CONSULTANT shall subcontract title work, appraisals, appraisal review and relocafion services with other firms. CONSULTANT shall coordinate appraisals, appraisal review, provide property acquisition (negotiations) of four (4) parcels, rclocation services of eleven (11) businesses (eight (8) of which are tenants), abstract continuation, closing services and condemnation assistance. CONSULTANT shall: · serve as the CITY's professional representative during the performance of the acquisition and relocation services. · respond to inquiries from owners and tenants. · work with the CITY staff and attend meetings with the City Council, as requested. · coordinate the appraisals, appraisal review, relocation assistance, property acquisition, closing services, and condemnation assistance upon project assignment by the CITY. · promptly complete and provide a written relocation plan for the CITY's review. The written plan is completed prior to the initial relocation contact and during the appraisal process. The plan allows the CONSULTANT to recognize potential problems early, and in the event extraordinary measures would be necessary to perform the relocation assistance process, the CONSULTANT would be aware of them. It also allows the CONSULTANT to document and substantiate significant time delays or considerable monetary resources necessary to complete the relocation. cmjm:rjr:IC:CA-Acqui~ition P~e 1 · deliver a 90-day notice and written offer informing each displacee they are not required to move earlier than 90 days from date of first negotiation contact, nor earlier than 30 days from the date compensation has been made available. · prior to the initial negotiations contact, send by ordinary mail to the owner(s) the entire approved appraisal report with a description of the 10-day waiting period. · prepare all purchase agreements and other documents necessary to secure the required land in compliance with Federal and State Law as implenSen~ed by the LPA Right of Way Manual. · deliver to each owner of interest (including tenants) a statement of rights, offers to purchase, purchase agreements, and answer all acquisition and relocation related questions of each owner and tenant of interest. · make a reasonable effort to personally contact each property owner(s) and tenant(s) to negotiate settlements 'for the acquisition of each parcel based on the approved appraisal amount or an amount approved by the CITY and if required, the Federal Transit Administration. · relocate displaced persons in accordance with State and Federal law and in a manner necessary to preserve eligibility for reimbursement from federal funding authority. Also, negotiate relocation of displaced persons back into commercial area of new facility if they so desire and upon mutual agreement of terms. · act as an advocate for persons required to move, while at the sarae time act to protect the interests of the public as a whole to ensure that benefits provided are not in excess of those to which the persons are entitled. · maintain accurate records which shall be available for inspection by the City. · prepare and submit to the CITY a Weekly Progress Report for the previous week's activity, which shall include but not limited to a summary of activities for the week, indicating the status of each parcel, and problems encountered and remaining unresolved. · submit a purchase agreement to the CITY for approval upon successful completion of negotiations and prior to dosing. · make a recommendation to the CITY to institute cmincnt domain (condemnation) proceedings to acquire the property if af'cer reasonable efforts have been made and an agreement earmot be reached. · prepare acquisition plats for condemnation if necessary. · submit a recommendation to the CITY to approve the relocation benefits. emjm:tjr:IC:CA-Aequisition Page 2 · coordinate dosing of parcels by continuing abstract, preparing deeds and other documents necessary for the CITY, excluding ti~e opinions. All documents shall be reviewed and approved by the CITY's legal department prior to execution. · upon parcel completion, andit file for completeness and submit to the CITY. · . conduct all p.ropcrty acquisition and rclocafion in accordance with applicable State and Federal law, rules and regulations and in a manner necessary to preserve eligibility for reimbursement from the Federal Funding Authority. ' ' The CITY shall: · have personnel available to provide cOnsultation and guidance regarding project and 'process, including consultation with CITY's Legal Department. · prepare Title Opinions for each parcel and record documents with the County Recorders Office. · provide the necessary legal services to carry out acquisition program. B. ADDITIONAl. SERVICES: Services requested by CLIENT which are NOT included in BASIC SERVICES as described herein, shall constitute ADDITIONAL SERVICES. ADDITIONAL SERVICES shall be authorized by the CLIENT prior to the commencement ofthe'work. 2. TIME OF COMPLETION The anticipated start date for the project is April 18, 2000 with the engagement to be completed by the end of the year. It is understood that relocation may extend into the following year for processing claims and payment time. It is further understood and agreed by and between the parties hereto that project schedule depends on input and interaction between the. parties as well as other outside factors which may be unplanned and uncontrollable. Schedule milestones are subject to adjustment based on actual conditions which occur during the course of the project. 3. GENERAL TERMS A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1) To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. cmjm:rjr:.Ie:CA-At:quisi~ee Page 3 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, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed' up to the time of terminatiom However, such sums shall not be greater than the 'lump sum' amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days' written notice to the CONSULTANT. ' C. 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. D. 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. E. 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. F. 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. G. 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. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, Copies of the acquisition and relocation parcel-files 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. I. CONSULTANT shall furnish the services of Rita Rasmussen as Project Manager and shall subcontract with Lila J. Henschen for assistance with relocation services. Any change in said representatives shall be made only with the approval of CITY. I. The CONSULTANT agrees to furnish acquisition plat(s) for condemnation, if necessary, with the seal of a professional land surveyor affixed thereto or such seal in accordance with the Code of Iowa. cmjm:rjEIC:CA-Acquisition Ps~ 4 K. City Attorney Eleanor Dilkes will act as the CITY's representative with respect to the work to be performed under this agreement and shall have authority to transmit instructions, receive information and interpret the CITY's policies and decisions with respect to the work performed hereunder. L. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANTto satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the mount sufficient to properly complete the Project in accordance with tliis ,~greement. M. 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. N. The CONSULTANT shall assemble and return all parcel files, in their entirety, to CLIENT. Each file will be documented and contain all original information and documents; all additions and/or revisions; and all executed documents. The CONSULTANT shall be allowed to keep reproducible copies of all parcel files for the CONSULTANT's own filing use. O. Fees paid for securing approval of authorities having jurisdiction over the. Project will be paid by the CITY. P. 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 board 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. 4. BASIS OF COMPENSATION A. COMPENSATION FOR BASIC SERVICES: The CONSULTANT will be compensated on a HOURLY basis for DIRECT LABOR, PLUS REIMBURSABLE EXPENSES for a NOT-TO-EXCEED (NTE) mount of $62,000.00 for BASIC SERVICES described in Exhibit 1.1, "Scope of Services" in accordance with the 'Hourly Fees and Charges Fiscal Year 2000-2001 ' (Form C 00- 01), copy attached. Appraisals $ 8,800.00 Review Appraisal $1,700.00 Title Work (abstracting) $ 2,600.00 * Relocation Services $ 4,600.00 Acquisition/Relocation Services $42,300.00 Survey Services $ 6,000.00 ** Expenses $ 5,000.00 Total $71,000.00 cmjm:rjr:IC:CA-Axxluisition P~g~ 5 The above compensation excludes recording fees, mortgage release processing fees and any other related fees. * The above title work quotation excludeS continuation or report for any subsequent abstracting ordered as an update of initial abstracting order. ** The above survey services quotation is based on a cost per parcel and is structured as follows: Cost for 1 Parcel $2,700.00 Cost Per Parcel for 2 Parcels $1,900.00 Total: $3,800.00 Cost Per Parcel for 3 Parcels $1,650.00 Total: $4,950.00 Cost Per Parcel for 4 Parcels $1,500.00 Total: $6,000.00 B. ADDITIONAl, SERVICES: Compensation for ADDITIONAL SERVICES will be compensated on a HOURLY basis for DIRECT LABOR, PLUS REIMBURSABLE EXPENSES in accordance with the ~Iourly Fees and Charges Fiscal Year 2000-2001 ' (Form C 00-01). C. PAYMENTS: The CONSULTANT shall submit invoices monthly. Payments will be made no more than once monthly according to the CITY's schedule of check release dates, allowing time for CITY staff review of invoices. Complete invoice shall, at a minimum, contain the following information: , Project name and contract number · Resource utilization for the billing period in the following categories: · Professional Staff by hours · Technical Staff by hours · Support Staff by hours , Direct expenses (mileage, equipment, etc.) · A statement of the services rendered during the billing period. · A statement of the progress of the completion of the scope' of services. In no case shall the remaining contract value be less than the value of the services remaining to complete the scope of services under this agreement, as determined by the CITY. crajm:rjr:IC:CA-Acquisiti~ P~e 6 5. INSURANCE The CONSULTANT shall furnish the City with a certificate of insurance by an insruan~ company licensed to do business in the State of Iowa, upon which the CITY is endorsed as additionally insured, in the following limits. General Liability $1,000,000 Automobile Liability $ 500,000 Excess Liability (Umbrella) $1,000,000 ' *Workers Compensation, Statutory Benefits Coverage B *Professional Liability $1,000,000 (*The CITY shall not be endorsed as additionally insured on the items noted with an asterisk.) The professional liability insurance certificate shall provide for coverage on a claims made basis with proof of coverage for the time period of the contract provided to the CITY with each policy renewal or change. Furthermore, the certificate(s) must clearly disclose on its face that the policy catmot be canceled or materially altered without giving the CITY written notice 30 days prior to cancellation or alteration. These certificates shall be included in Exhibit A. 6. FEDERAL ASSURANCES A. CONSULTANT agrees to provide the CITY, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the CONSULTANT which are directly pertinent to this contract.for the purposes of make audits, examinations, excerpts and transcriptions. B. The CONSULTANT acknowledges that th~ provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C.§§ 3801 et ~ and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the CONSULTANT certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made pertaining to the unde~ying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the CONSULTANT further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the fight to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the CONSULTANT to the extent the Federal Goverment deems appropriate. The CONSULTANT also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the fight to impose the penalties of 18 U.S.C. § 1001 and emjm:rjr:lC:CA-Aoq~i~ P~g~ 7 49 U.S.C. § 5307 (n)(l) on the CONSULTANT to the extent the Federal Government deems appropriate. The CONSULTANT agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify th~ subcontractor who will be subject to the provisions. C. NONDISCRIMINATION: - ' In accordance with Title VI of the Civil rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the CONSULTANT agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the CONSULTANT agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. F. QUAI. EMPI ,OYMENT OPPORTUNITY: The following equal employment opportunity requirements apply to the underlying contract: 1) Ra,'c, Color. Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the CONSULTANT agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract compliance Programs, Equal Employment Opportunity~ Department of Labor,' 41 C.F.R. Parts 60 ~t sea_., (which implement Executive Order No. 11246, "Equal employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The CONSULTANT agrees to take affirmative action to ensur~ that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such actloin shall include, but not be limited to, the following: employment, upgrading~ demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the CONSULTANT agrees to comply with any implementing requirements FTA may issue. 2) Ag~ - In accordance with section4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the CONSULTANT agrees to refrain from discrimination against present cmjm:rjr:IC:CA-A~lui~itio~ Page and pwspective employees for reason of age. In addition, the CONSULTANT agrees to comply with any implementing requirements FTA may issue. 3) Disabilities - In accordance with seaion 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the CONSULTANTS agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the CONSULTANT agrees ~ comply with any implementing requirements FTA may issue. The CONSULTANT also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected panics. D. The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220. ID, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in 'the event of a conflict with other provisions contained in this Agreement. The CONSULTANT shall not perform any act, fail to perfonn any act, or refuse to comply with any (name or grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 7. ENTIRE AGREEMENT It is agreed that there are no other consideration or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or consideration have been solicited. emjm:rjr:IC:CA-Aequisiti~ P~e 9 ACORn~ CERTIFICATE OF LIABILITY INSURANC "_iD,TE,MM,DD , - 04/12/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Miller, Harrison, & Beckey ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 100 W. Second St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Muscatine IA 52761 COMPANIES AFFORDING COVERAGE Michael Harrison COMPANY Phon, No. 319--263--6044 F,xNo. 319--263--6667 A CNA Insurance Companies INSURED COMPANY B COMPANY Stanley Consultants, Inc. C 225 Iowa Avenue COMPANY Muscatine IA 52761 O COVERAGES ' THIS IS TO CER~FY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT~aTHSTANDING ANY REQUIREMENT, TERM OR CONDIXON OF ANY CONTRACT OR OTHER DOCUMENT ~qTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECI~VE POLICY EXPIRATION UMITS LTR DATE {MMIDD/YY) DATE (MMIDD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000 f 000 A X COMMERCIAL GENERAL LIASILITY TCCP2024216983 01/01/00 01/01/01 PRODUCTS-COMPIOPAGG '~ C~,MSMADE []OCCUR PERSO.AL&ADV,NaURY $ 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100 z 000 MED EXP (Any one percon) $ 5 f 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 z 000,000 A X ANYAUTO BUA1098747998 01/01/00 01/01/01 X ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per pareon) X HIRED AUTOS BODILY INJURY X NON~WNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ i f 000,000 A X UMBRELLAFORM C2024217065 01/01/00 01/01/01 AGGREGATE $ 1,000,000 OTHER THAN UMBRELLA FORM $ wo. ERs COMPE.SA O. A.D I EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 500 f 000 A THEPROPRIETORJ ~ INCL WC2024217020 01/01/00 01/01/01 EL DISEASE - POLICY LIMIT $ 500,000 PARTNERS/EXECUTNE OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $ 500 t 000 OTHER DESCRIP]]ON OF OPERA~ONS/LOCA]]ONS/VEHICLES~SPECIAL ITEMS Certificate holder is included as additional insured on general liability. CERTIFICATE HOLDER CANCELLATION IOWA018 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAI~ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Iowa City 30 DAYS WRITTEN NO13CE TO THE CER]~FICATE HOLDER NAMED TO THE LEFT, Civic Center 410 East Washington SUCH NOI~CE SHALL IMPOSE NO OBLIGA~ON OR LIABILITY Iowa City IA 5224 0 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTA~VES. AUTHORLZED REPRESENTA~3VE · Michael Harr ~ ACORD 25~ (1195) ORD CORPORATION 1988 Hourly Fees and_ Charges Fiscal Year 2000-2001 I. Compensation for office-based personnel located In the contiguous United States for time useri In the performance of the work shall be In accordance with the following Hourly Fees: Classification Hourly Fee Classiflr..ation Hourly Fee Classtrlc. atlon Houdy Fee SC-1 25.30 SC-8 66.00 SC-15 115.10 SC-2 31.70 SC-9 71.40 SC-16 129.00 SC-3 37.40 SC-10 77.00 SC-17 146.65 SC--4 43.25 SC- 11 84.05 SC-18 164.25 SC-5 48.70 SC-12 91.00 SC-19 198.00 SC-~ 53.95 SC-13 98.25 SC-7 60.40 SC- 14 106.30 Travel time In the Interest of the work and away from the assigned office, either local or intercity, will be charged In accordance with the foregoing schedule. When traveling by public carrier, the maximum charge will be eight hours per day. II. CompensatIon for items of expense and other charges incurred In connection with the performance of the work shall be in accordance with the following schedule: Automobile $ 0.38/mile Automobile Assigned to Project Site $25.00/caLday Four-Wheel Drive Vehicles $ 0.55/mile Four-Wheel Drive Vehicles Assigned to Project Site $35.001c.~l.day Uyla- Plots $10.00/plot Global PosJtJonlng System Receivers $18.501hour Ground Transportation (rental car, taxi, etc.) At Cost Plus 10% Air Travel (commercial and charter) At Cost Plus 10% Living Expenses (away from assigned office) At Cost Plus 10% Telephone and Facsimile At Cost Plus 10% Equipment Rental At Cost Plus 10% Laboratory Work At Cost Plus 10% Soils Testing and At~alysls At Cost Plus 10% Outside Photographic Work At Cost Plus 10% Duplicating Work (schedule supplied upon request) Technical Testing and Surveying Equipment (schedule supplied upon request) IlL Compensation for purchases, items of expense, and older charges not scheduled above, Incurred In co~nectlon with the performance of bhe work. shall be at cost plus 10%. IV. Compensation for data processing system use shall be al the appllcebie unit cost. CompensalJc~q for use of proprietary computer programs shall be as a surcharge rate applied to the data processing system charges. Comp4~setlon for outside computer system services sh,:11 be at nat cost plus a surcharge rate to cover data communication costs. Compensation for programming, data entry, and consultatk:x~ shall be In accordance with Article I above. (Schedule supplied upon request.) V. Interest at the rate of 1-1/2% pe~ mon~ will be charged on invoices not paid within 30 days. VI. Charges are subJet to revisjon on or after Marc~ 31, 2001. Form C 00-01 Prepared by: Daniel Sco~t, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 00-141 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT_ EOR CONSTRUCTION OF THE TRANSIT METHANE ABATEMENT PROJECT, PHASE 2. WHEREAS, IIIowa Enterprises, Inc. of Moline, IL has submitted the lowest responsible bid of $197,035 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to IIIowa Enterprises, Inc. subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. 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 18th day of Apri 1 ,2000. Ap v~,,~dy.~,~~. C City Attorney's Office pweng~res\methane3 .doc 4/00 Resolution No. 00 - ] 41 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: & X Champio, n X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum REQUEST FOR BIDS METHANE ABATEMENT PROJECT PHASE 2: LANDFILL GAS ABATEMENT SYSTEM CONSTRUCTION Sealed Bids will be received by the City Clerk of the City of Iowa City, Iowa, until 4:30 P.M. on the 11 th day of April, 2000, or at a later date as determined by the Director of Public Works or designee, and shall be received in the City Clerk's office no later than said date and time. Sealed bids will be opened thereafter by the City Engineer or designee and there upon be referred to the City Council of the City of Iowa City for action upon said bids at its next meeting to be held at the Council Chambers, Iowa City Civic Center, Iowa City, Iowa at 7:00 P.M. on the 18th of April, 2000, or at such later time and place as may then be fixed. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. The Project will involve the following: The installation of a buried horizontal vapor collection manifold line (approximately 300- feet in total length) and associated concrete vault boxes (6-total), Construction of a 30 × 30-foot metal arch building supported on a concrete floating slab foundation, A new electrical service, procurement/fabdcation/ installation of landfill gas abatement equipment at the Iowa City Transit Facility. All work is to be done in strict compliance with the plans and specifications prepared by Terracon, of Rock Island, Illinois, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Because the work is eighty (80) percent Federally funded, compliance with FTA requirements is mandatory. Prospective bidders can obtain a copy of the Bid Package by contacting Terracon at 309-788-1500. A $50.00 deposit, in the form a certified check will be required. An on-site pre-bid meeting will be held on March 24, 1999 at 9:00 AM. Each proposal shall be completed using the forms supplied in the Bid Package and must be accompanied in a sealed envelope, separate from the one containing the proposal, 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 pay- able 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 AF-1 bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insudng 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. 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 Coundl, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract. Prospective bidders are advised that the City of Iowa City desires to employ disadvantaged business enterprises (i.e. minority contractors and subcontractors on City projects. A listing of minodty contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. The City reserves the dght 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 12 Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5138 RESOLUTION NO. 00-142 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'I'rEST A CONTRACT_ ~FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD IMPROVEMENTS- ABBEY LANE TO HIGHWAY 1 PROJECT. WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $2,384,289.40 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Metro Pavers, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. 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 18t, h day of Apt1 '1 ,20 00 YOR AP~~I~ CI City Attorney's Office pweng\res~mtabbey.doc 4/00 Resolution No. 00 - 142 Page 2 It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champiqn X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef x Wilbum Howard R. Green Company Iowa City Street Improvements Project No. 517580-J Mormon Trek Boulevard Iowa City, Iowa ADVERTISEMENT FOR BIDS IOWA CITY STREET IMPROVEMENTS MORMON TREK BOULEVARD Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 11 th day of April, 2000, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 18th day of April, 2000, or at such later time and place as may then be scheduled. The Project will involve street widening improvements for Mormon Trek Boulevard from Highway 1 to Abbey Lane. The Project will involve the following: excavation & grading, P.C.Concrete paving, storm sewer system, traffic control and traffic signalization, a reinforced concrete box culvert structure, retaining wall structures, water main and sanitary sewer modifications, subgrade preparation, permanent & temporary ACC paving, pavement markings, erosion control, seeding & sodding, and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Howard R. Green Company, 325 E. Washington St., Suite 200, Iowa City, IA 52240, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and 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 ADVERTISEMENT FOR BIDS AF - 1 Howard R. Green Company Iowa City Street Improvements Project No. 517580-J Mormon Trek Boulevard Iowa City, Iowa 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) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Notice to Proceed Date: May 1, 2000 Completion Date: November 15, 2000 Liquidated Damages: $400.00 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 Howard R. Green Company, Consulting Engineers, 325 E. Washington St., Suite 200, Iowa City, IA 52240, by bona fide bidders. A $125.00 deposit 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 Howard R. Green Company. A refund of $50.00 per set will be given upon return of said plans and specifications in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to 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 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 ADVERTISEMENT FOR BIDS AF - 2 Howard R. Green Company Iowa City Street Improvements Project No. 517580-J Mormon Trek Boulevard Iowa City, Iowa 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, Section 23.21, Code of Iowa (1997), applies to the contract with respect to bidders who are not Iowa residents. The awarded bid will not be selected solely on the basis of low bid alternative for portland cement concrete or asphalt cement concrete. The award will be made on basis of the alternative which, in the City's opinion, is in the best overall interest of the City as determined by the City Council. 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 ADVERTISEMENT FOR BIDS AF - 3 04-18 -00 ~3 Prepared by: Kim Johnson, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-143 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND PLANGRAPHICS, INC. OF FRANKFURT, KENTUCKY, TO PROVIDE CONSULTANT SERVICES FOR DEVELOPMENT OF AN IMPLEMENTATION PLAN FOR A GEOGRAPHIC INFORMATION SYSTEM. WHEREAS, the City of Iowa City desires to develop a plan for implementation of a geographic information system (GIS); and WHEREAS, the City of Iowa City desires to contract for the consultant services necessary to develop this plan; and WHEREAS, an Agreement for professional services has been negotiated with Plangraphics, Inc., a Maryland corporation located in Frankfurt, Kentucky; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Plangraphics, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultanrs Agreement. Passed and approved this 18th day of Apri ] ,2000. pwengJres/plangraph.doc Resolution No. 00 - 143 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champiqn X Kanner X Lehrrfan X O'Donnell X Pfab X Vanderhoef X Wilbum CONSULTANT AGREEMENT . 7o ,:.-~. -:~__ .. :-7-4C3 ~ l THIS AGREEMENT, made and entered into this /9 ,,z, day of Z o o 6, , by and between the OiW of Iowa OiW, a munioipal corporation~ein~"fie'r referred to as the OiW and PlanGraphios, Inc., a Maryland corporation, Ioo~ted at 1 _1~ E~st t~.in Street, Frankfort, KY 40601 hereinafter referred to as the Consultant. WHEREAS, Consultant is duly qualified and experienced as a consultant and has offered services for the purposes specified in this AGREEMENT; and WHEREAS, in the judgment of City, it is necessary and advisable to employ Consultant in connection with designing and planning for the implementation of a Geographic Information System (hereinafter "GIS"); NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the fol!owing services for the City, and to do so in a timely and satisfactory manner. A. Consultant shall provide services to City for defining requirements for the use of GIS technology, for designing an Enterprise GIS, and for developing a plan for its implementation. Details of these services and deliverables to be provided under this AGREEMENT are provided in PlanGraphics' proposal dated January 7, 2000. B. Consultant shall serve as City's professional representative in matters to which this AGREEMENT applies, and will give consultation and advice to City during the performance of said services. Consultant may employ the services of outside consultants and subcontractors when deemed necessary by Consultant to complete work under this AGREEMENT. C. This AGREEMENT represents the entire integrated AGREEMENT between City and Consultant, and incorporates by reference City's Request for Proposal dated November, 1999, and the Consultant's proposal to City dated January 7, 2000, on file with the City Clerk's office and made a part hereof. -2- D. In the event of inconsistencies between the AGREEMENT, Proposal, and Request for Proposal, resolutions shall reflect the following order of document precedence: 1. AGREEMENT and any duly executed amendments 2. Proposal 3. Request for Proposal 4. Related correspondence. E. This AGREEMENT may only be amended by written instrument signed by beth City and Consultant. II. TIME OF COMPLETION rn "~ r'T"l The Consultant shall complete the following phases of the Project in accordance wit~h:~e sc~dule shown. Task Series 1 Project Administration Completion 9 months after Notice to Proceed Task Sedes 2 Project Initiation Completion 2 months after Notice to Proceed Task Series 3 Define GIS Requirements Completion 4 months after Notice to Proceed Task Series 4 Design Enterprise GIS Completion 7 months after Notice to Proceed Task Series 5 Implementation Planning Completion 9 months after Notice to Proceed The Consultant shall not be responsible for delays which are outside Consultant's control, including, but not limited to, receiving data and surveys from City staff, scheduling interviews and meetings with City personnel, and City reviews of Consultant's deliverable products. If such delays occur, the schedule shown shall be extended by the cumulative amount of each such delay. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 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, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the 'lump sum' amount listed in Section IV. The City may terminate this Agreement upon thirty (30) calendar days' written notice to the Consultant. -3- C. This Agreement shall be binding upon the successors and assigns :i~ ~ p~ies hereto, provided that no assignment shall be without the written ~r~-~nt all "["1 Parties to said Agreement. exclusive, but the Consultant shall have the right to employ such asSistan~ as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall .be made available by said City upon reasonable request by the Consultant. The City agrees to fumish all reasonable assistance in the use of these records and files. F. 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. G. At the request of the City, the Consultant shall attend 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. When such requests are beyond the scope of services described in the Consultant's proposal, the Consultant shall be compensated for expenses and time at Consultant's normal billing rates. H. 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. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. 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. K. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultanrs own filing use. L. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. M. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. -4- N. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000. O. During the term of this AGREEMENT and for a period of one (1) year from the conclusion of such activity, the parties hereto agree that neither shall solicit for employment any technical or professional employees of the other without the prior written approval of the other party, to the extent pdrrnltted by law. IV. COMPENSATION FOR SERVICES City agrees to pay Consultant, for and in consideration of the performance of I~ic ~kc s Se e further described in Consultant's Proposal, a fixed price in the amount of $60,709 unless changes to the project budget are specifically agreed upon by Consultant and City and documented in writing. For services rendered, invoices will clearly state the percentage of work completed and the fee earned as based on Consultant's formal Cost Proposal, subject to the terms detailed below: A. Consultant may bill City and be paid for all work satisfactorily completed hereunder on a monthly basis. City agrees to pay Consultant's invoice within 30 days of invoice date and to pay a late charge equal to the lessor of one percent (1%) per month [twelve percent (12%) per year] or the maximum rate allowed by law, on all amounts remaining unpaid starting on the 1st day following the invoice date if the payment has not been made within fifteen (15) days following the invoice due date. City agrees to accept and immediately pay any late charges so assessed. B. In consideration of the faithful performance of this AGREEMENT, the Consultant will not exceed the fee for Basic Services and expenses without written authorization from City to perform work over and above that described in the original AGREEMENT. C. Should City find deficiencies in draft and final reports, it will notify Consultant in writing within fifteen (15) days of receipt of report and the Consultant will remedy the deficiencies within thirty (30) days of receiving City's review. -5- V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. ,, By: Title: ,,d,/l~.y o ,,- Title: ~t}16F op('~t~t~- 6PRorub- Date: ~ p ,"," / / 9 , Z ,~ c, c~ Date: APP~Y-~"_~v~ City Attorneys Office Date Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 00-144 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT NUMBER 2 TO THE AGREEMENT DATED FEBRUARY 1'1, '1997, BETWEEN MMS CONSULTANTS, INC. AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR THE SOUTH SYCAMORE REGIONAL STORMWATER PROJECT. WHEREAS, the City of Iowa City has previously entered in an agreement with MMS, Inc. dated February 11, 1997, for professional engineering services in connection with the design of the Iowa City water supply and treatment facilities for the City; and WHEREAS, the scope of services has expanded comprising of the realignment of the north corridor of the project. It will also provide for the additional acquisition plats and changes to acquisition plats for the realignment and additional design work to be completed for storm sewer along South Sycamore Street and driveway access for Kountry Lane Apartments and Van Dusseldorp property; and WHEREAS, the parties desire to amend said agreement to reflect the additional work; and WHEREAS, City staff has negotiated an Amendment Number 2 to the February 11, 1997 agreement with MMS, Inc. for the above-mentioned water facility improvements; and WHEREAS, the City Council deems it in the public interest to enter into Amendment Number 2 amending the consulting services agreement dated February 11, 1997 in order to incorporate the additional work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Amendment No. 2 to the Consultant's Agreement dated February 11, 1997 between the City and MMS, Inc. attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Amendment 2 to said Consultant's Agreement. Passed and approved this 18th day of Apri 1 ,20 00 .. Ap%~b,~~ ATTEST: ';iT~-'~EWK--' ~-7~-W' "Ft~-Ot~ CI City Attorney's Office PwengVes~mmssycarn.doc Resolution No.Q0-144 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champiqn X Kanner X Lehm~an X O'Donnell X Pfab X Vanderhoef X Wilbum 'MMS CONSULTANTS INC Larry R. SchniUjer L.A. ~ * Chrislophcr M Slep~n P.E. ] 917 S, GILBERT ST~ET · IOWA CITY · IOWA 52240-4~63 Glen D. Meisner LS & P.E. Paul V. Andetch P.E, OFFICE 319-351-8282 FAX: 319-351-8476 Ed~rdH. B~nton PE. ~vid J. Bichl L.A. . James E. Lich~ L.S. Ro~ld L. Amclon P.E. Glenn H. Boulcllc, Jr. P.E. Kelly J. B~klcr P.E. Mark A. Slein L.S. ~ne A. M~r LA. M~k A. Log~ P.E. Ran~ L. Willjams M.C.P. Mr. Chuck Schmadeke ~blic Works Director March 3, 2~ Ci~ of Iowa Ci~ 410 ~st Washington - ' Iowa Ci~, Iowa 52240 Re: South Sycamore Regional Store Water ~oject Dear Chuck: In accordance with recent discussions wi~ Ron ~he, we are submitting a new proposal for revisions to the engineering agreement dated Febma~ I 1, 1997 for the South Sycamore Regional Store Water Project. We understand ~e Ci~ wan~ to add drainage, ear~work and street work wi~in ~e year 2~ construction of this project so the improvements will be more complete and ~nctional, including: a. Two additional sto~ water crossings under South Sycamore Street. b. Traffic control plato for Sycamore Street during construction activities. c. Storm ~wer from Sycamore Street to the greenspace corridor. d. Rel~ate Koun~ hne, provide a 90 degree intersection wi~ S~cer Field Access Road, provide the ~manent store water crossing, sha~ the road fill according to Ci~ collector street standards and provide a crashed r~k surface. e. M~i~ S~cer Field Road for ~e new aligment at ~e new intersection wi~ Kount~ hne but keep ~e existing aligment at ~e Sycamore Street intersection. f. Haul approximately ~,~ cubic yards of soil off-site to the pro~sed public works facili~ site on Sou~ Gil~n Street. g. Construct hauling road access onto Sycamore Street. h. Provide a tempora~ faro field road gravel surface, store water cross~g wi~ culvert & gate on ~e parkway to allow access to ~e east farm fields. We also understand ~e Ci~ would like us to: a. Continue to provide ~e assistance of Dr. ~n Drake as ~e project wetlands consultant b. Continue to co~unicate wi~ ~e Amy Co~s of Engineers to assure ~e Individual Site ~ction 4~ ~it is obtained and the terms are acceptable. c. Complete and revise ~e project quantities and probable costs. d. Revise and complete ~e construction drawings and specifications to allow a single contract for public construction of ear~work, storm sewers, street improvements, sanim~ sewer work and tempora~ seeding but ~manent erosion control on ~e drainageway be~s. Mr. Chuck Schmadeke, March 3, 2000 Page 2 e. Accommodate the suggested City schedule of a Spring, 2000 bid letting with construction to be mostly completed in Summer, 2000. f. Upon receipt of separate written authorization, provide pre-construction staking of the temporary easements to guide farming operations in early Spring. Place landscape spikes and flags at 50 foot intervals to identify the horizontal and vertical control points. We understand the City wants to modify the Corps of Engineers Nationwide Section 404 permit for mitigation of wetlands to include: ~ ~ a. Modifications to the location and size of wetlands impacted because of relocation to accommodate the land acquisition process, b. Include the wetlands mitigation for the Airport site and Foster Road and Southgate Street construction projects. We are requesting a change in the engineering agreement dated February 11, 1997 for compensation for services according to the following list. It is understood the new fees listed are total not-to-exceed fees for each phase and are not added to the previous billings or fees contained in the 1997 agreement and previous amendments. Easement and Land Acquisition Phase: The Consultant's fee for this phase shall range between $35,000.00 and $40,000.00. Final Design Phase - Drainage Project: The Consultant's fee for this phase shall range between $80,000.00 and $85,000.00. Section 404 permit from the Army Corps of Engineers: The Consultant's fee for this phase shall range between $35,000.00 and $ 38,000.00. (This is an increase of $3,000) Bidding and Award Phase: The Consultant's fee for this phase shall range between $5,000.00 and $5,500.00. Pre-Construction Staking Phase: The Consultant's fee for this phase shall range between $9,500.00 and $10,500.00. Work under this phase requires separate later authorization. We appreciate the opportunity to offer this proposal for your consideration. Respect ly submitted; ACCEPTANCE: r ,/ph~y/~ t' By: Mayor " Title: File: 0339113\proposal. M00 April 18, 2000 Date: City Clerk Title: April 18, 2000 Date: Prepared by: Sylvia Mejia, Personnel Administrator, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 (319)356-5026 Resolution No. 00-145 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WATER DIVISIOJ~i OF THE PUBLIC WORKS DEPARTMENT AND THE AFSCME PAY PLAN WHEREAS, Resolution No. 99-70 adopted by the City Council on March 2, 1999, authorized permanent positions in the Water Division for FY00; and WHEREAS, Resolution No. 99-201, adopted by the City Council on June 15, 1999 established a classification/compensation plan for AFSCME employees; and WHEREAS, the AFSCME Classification Review Committee has reviewed the changes in the position of Senior Treatment Plant Operator - Water and determined that this position performs duties equivalent to those of positions in a higher grade; and WHEREAS, the AFSCME Classification Review Committee has recommended that the budgeted positions in the Water Division be amended by reclassifying the position of Senior Treatment Plant Operator- Water, from grade 13 to grade 14. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The budgeted positions in the Water Division be amended by reclassifying the position of Senior Treatment Plant Operator - Water from grade 13 to grade 14. 2. The AFSCME pay plan be amended by moving the position of Senior Treatment Plant Operator - Water from grade 13 to grade 14. Passed and approved this 181:h day o~ ,2000. FO~/ C~RK'~ humanrel\res\STPO2.doc Resolution No. 00-145 Page 2 It was moved by Pfab and seconded by V~nrfprhnF,'F the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champio. n X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum