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HomeMy WebLinkAbout2000-08-15 Resolution 3c(17) RESOLUTION NO. 00-276 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: Sheraton Iowa City - 210 S. Dubuque Street It was moved by 0'Donnel 1 and seconded by Vanderhoef that the Resolution as read 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 Passed and approved this 15th day of August ,20 00. CI~TTY~C~ER'~<c'~ City Attorney's Office clerk\res\danceprm.doc Prepared by: Karin Franklin, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 00-277 RESOLUTION APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE IOWA AVENUE LITERARY WALK AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, Resolution No. 00-167 dated May 16, 2000 approved an agreement between the City of Iowa City and the artist Gregg Lefevre for the artwork known as the Iowa Avenue Literary Walk; and WHEREAS, certain amendments in this agreement are necessary to clarify approval of a refined proposal, provide for the delivery of bronze work to the site, clarify the timing of final acceptance of the work, and clarify warranties; and WHEREAS, these amendments have been found acceptable to the City and the artist. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The amended Agreement between the City of Iowa City and the artist Gregg Lefevre for the design, fabrication, and oversight of the installation of the Iowa Avenue Literary Walk, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed and approved this ].5th day of August ,20 00 ~vlAY(51~ ' Approved by ATTEST: ,C~,~, Oity Attorr~ey's It was moved by 0' Donne'l '1 and seconded by Vande~'hoef 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 ppddi~res/literarywalk.doc CITY OF IOWA CITY PUBLIC ART PROGRAM IOWA AVENUE LITERARY WALK AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on August 15, 2000 between the City of Iowa City, hereinafter referred to as the OWNER, and Gregg Lefevre, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. The CONTRACTOR shall be the company or companies hired by the Owner to construct the Iowa Avenue Streetscape Project. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted the conceptual proposal for the Iowa Avenue Literary Walk dated April 10, 2000 created by the ARTIST and hereina~er referred to as the ART WORK, for pavement art in an eight foot band of the sidewalks in the 100, 200 and 300 blocks of Iowa Avenue. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and consultation on the installation of the Art Work at the site. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate his work with the OWNER'S REPRESENTATIVE and the CONTRACTOR. 1.2 Execution of the Work a. The ARTIST shall present a refined proposal for each block face of the Literary Walk for approval by the COMMITTEE prior to commencing fabrication or installation of said block face. The refined proposal will be reviewed by OWNER and a copy of said proposal signed by the OWNER's REPRESENTATIVE shall be provided to the ARTIST, acknowledging that all spelling usage and quotations are correct as presented in the refined proposal. b. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the Art Work, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the CONTRACTOR on the installation of the Art Work in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. c. The OWNER shall have the right to review the Art Work at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (a). 2 d. The ARTIST shall complete the fabrication and ensure installation of the Art Work in substantial conformity with the approved refined Proposal. e. The ARTIST shall present to the COMMITTEE in writing for further review and approval any significant changes in scope, design, color, size, material or texture of the Art Work not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the site of the Art Work which affects installation, scheduling, site preparation or maintenance for the Art Work or the concept of the Art Work as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the Art Work is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than (30) days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER. c. The ARTIST shall deliver and consult with the contractor on the installation of the completed Art Work at the site in compliance with the schedule approved pursuant to Section 1.2 (a). d. The OWNER shall be responsible for all expenses, labor and equipment to prepare the site for the timely installation of the ART WORK, including underlayment and paving of the sidewalk. OWNER shall also be responsible for engaging CONTRACTOR to install the artwork in consultation with ARTIST. e. The OWNER or CONTRACTOR will be responsible for moving the crate containing the bronze works from the address that the OWNER requests the ARTIST ship them to, to the site where the bronze will be installed. 1.4 Post Installation a. Within 30 days after the installation of the Art Work, the ARTIST shall furnish the OWNER'S REPRESENTATIVE with a minimum of twenty-four (24) slides, photographs (and negatives), or digital photographs on a disk which document the process and development of the Art Work from beginning fabrication through completion. b. The OWNER shall arrange photographic documentation of the site and the installed Art Work at the site. c. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. d. Upon installation of the Art Work, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the Art Work. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 (d) have been completed in substantial conformity with the Proposal. b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the Art Work. Acceptance shall be granted in phases as each block face of the Art Work is completed. The OWNER'S REPRESENTATIVE and ARTIST shall meet on the site immediately after the installation of each phase of the work. At that time, OWNER'S REPRESENTATIVE will either finally accept the work or present the ARTIST with a listing of any aspects of the work or installation that need correction. c. Final acceptance shall be effective on the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance. 1.6 Risk of Loss The risk of loss or damage to the Art Work shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the Art Work from loss or damage until final acceptance. The ARTIST shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once installation of the Art Work is complete. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST themselves or by any subcontractor or by anyone directly or indirectly employed by either of them. b. Upon final acceptance of the Art Work, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the Art Work, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of their employees or of any person other than their employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.8 Title Title of the Art Work shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK. Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Twenty Thousand Dollars ($20,000) per block face or One Hundred Twenty Thousand Dollars ($120,000) for the entire Iowa Avenue Literary Walk project consisting of six block faces, which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. Expenses shall include all travel and lodging required for the ARTIST to fulfill his obligations under this contract. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final, non refundable payment for all services and materials provided prior to the due date thereof: a. Ten percent (10%), or $12,000, within thirty (30) days after execution of this agreement. b. Payment of invoices, purchase orders or statements for expenses and materials, upon receipt of the same, to a maximum of eighty percent (80%) of the contract price, but not to exceed $20,000 per block face under construction. c. Ten percent (10%) within thirty (30) days after final acceptance of the complete project. If the ARTIST elects to utilize the OWNER'S services and materials during installation, those fees shall be deducted from the final payment due the ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of transporting the Art Work to the site and the costs of all travel and lodging by the ARTIST and the ARTIST'S agents and employees necessary for the proper performance of the services required under this agreement. Article 3. Time of Performance 3.1 Duration The services to be required of the ARTIST as set forth in Article I shall be completed in accordance with the schedule for completion of the Art Work as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1.2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays If, when the ARTIST completes fabrication or procurement of the Art Work in accordance with the approved schedule and notifies the OWNER that the Art Work is ready for installation, the ARTIST is delayed from installing the Art Work within the time specified in the schedule as a result of the construction of the site not being sufficiently complete to permit installation of the Art Work, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the Art Work. In addition, the OWNER shall reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site due to delays caused by the OWNER or the CONTRACTOR. Such reimbursements shall be expenses in adddition to the Fixed Fee enumerated in Section 2.1. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unexpectedly burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the Art Work is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the Art Work is unique and original and does not infringe upon any copyright; (c) that the Art Work, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Art Work is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the Art Work will be performed in a workmanlike manner; (b) the Art Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the Art Work; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall apply to the bronze work only and not to the surrounding concrete work or the caulk around the bronze work, and shall survive for a period of five years after the final acceptance of the Art Work, excluding deterioration or damage caused by circumstances not in the ARTIST's control, such as vandalism, theft, abuse of the surface finishes, chemical runoffs or spills, or accidents. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Ad Work). Article 5. Reproduction Rights 5.1 General The ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the Art Work except ownership and possession, except as limited herein. In view of the intention that the Art Work in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final Art Work, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the Art Work for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: ~ [ARTIST'S NAME], date of publication. 5.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the Art Work. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the Art Work in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the Art Work, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The OWNER recognizes that maintenance of the Art Work on a regular basis is essential to the integrity of the Art Work. The OWNER shall take reasonable steps to assure that the Art Work is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (d). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 7.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the Art Work without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the Art Work; relocate the Art Work to another site; and remove the Art Work from public display. The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove Art Work in such a way as to not affect the Art Work, it is the parties understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the Art Work. The ARTIST acknowledges that this provision shall qualify under 17 U.S.C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 106A. (ii) If, at the time of removal, it is determined that the Art Work may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the Art Work, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the Art Work. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the Art Work. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Article 8. Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the Art Work shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related Art Works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined. Further, the OWNER shall retain the right to terminate this agreement upon completion of the initial block face if the quality of the work performed does not meet the requirements of the OWNER. Article 10. Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. Article 11. General Terms 11.1. The Artist shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 11.1.1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of Artist by Owner for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Artist shall have the right to employ such assistance as may be required for the performance of the Project. 11.3 It is agreed by the Owner that all records and files pertaining to information needed by the Artist for the project shall be available by said City upon reasonable request to the Artist. The Owner agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of Owner, the Artist shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary. Any requests made by the Owner shall be given with reasonable notice to Artist to assure attendance and shall coincide with trips to Iowa City already planned by the Artist pursuant to Section 1.2 and 1.3. 11.5 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. 11.6 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by Owner. 11.7 Upon signing this agreement, Artist acknowledges 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. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and appmved by appropriate action of the OWNER. Gregg%~L~,'fe~/"~7 - . ~ -,-rn~'s~r'W. Lehman, M~y~r ' ATTEST City Clerk shared/pcd/artist3.doc ~~~;~ ~,,-~ city Attomey,$ office CITY OF IOWA CITY PUBLIC ART PROGRAM j, IOWA AVENUE LITERARY WALK AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMEN'~,iS made on between the City of iowa City, hereinafter referred to as the OWNER, and Gregg Lefevre, hereina~er referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. The CONTRACTOR shall be the company or companies hired by the Owner to construct the Iowa Avenue Streetscape Project. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted the conceptual proposal for the Iowa Avenue Literary Walk dated April'10, 2000 created by the ARTIST and hereina~er referred to as the ART WORK, for pavement art in an eight foot band of the sidewalks in the 100, 200 and 300 blocks of Iowa Avenue. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereipafter "Proposal"). NOW, THEREFORE, in consideration ~t: the mural promises and undertakings contained herein, the parties agree as follows: ~' ~ Article 1. Scope of Services '~\\ 1.1 General \, \ . a. The ARTIST shall perform all services and fun31sh all supplies, materials and equipment as necessary for the design, execution, fabrication';,, transportation and consultation on the installation of the Art Work at the site... '~ ,.~ b. The ARTIST shall at all stages of execution, fabrication, and installation coordinate his work with the OWNER'S REPRESENTATIVE and the CONTRAOTOR. 1.2 Execution of the Work "~ \. a. The ARTIST shall present a refined proposal for each blook face of the Literary Walk for approval by the COMMITTEE prior to commencing fabrication ~ installation of said block face. The refined proposal will be reviewed by OWNER and a co of said proposal b. The ARTIST shall furnish the OWNER'S REPRESENTATI a tentative schedule for completion of fabrication and installation of the ieb~OOWWNNEERR Art Work, including schedule for REPRESENTATIVE. After written approval of the I ' REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the CONTRACTOR on the insta!.!ation of the Art Work in accordance with such schedule. Such schedule( may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. \ ..c. The OWNER shall have the right to review the Art Work at reasonable times ~,urin. g the fabrication thereof. The ARTIST shall submit to the OWNER progress reports ~n accordance with the schedule provided for in Section 1.2 (a). 2 ', d. The ARTIST shall complete the fabrication and ensure installation of the Art Work in ubstantial conformity with the approved refined Proposal. e. T ARTIST shall present to the COMMITTEE in writing for furthe_/" review and approval any .' nificant chan. ges in sco. pe, design., co!or, size, material or. te~X!Ure of the A. rt Work which affects ~,stallation, scheduling, site preparation or maintenance for the Art Work or the concept of the Art ~/ork as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the Art Work is co,..mpleted and the ARTIST is ready for its delivery and installation at the site. ;. b. The ARTIST agrees to nOtify the OWNER'S REPRESENTATIVE, no fewer than (30) days prior to the ARTIST'S intended,time of delivery to determine the particulars of delivery time, location and agent designated by~tt~e OWNER. ., c. The ARTIST shall deliver and Consult with ttT~ contractor on the installation of the completed Art Work at the site in compliance with the Schedule approved pursuant to Section 1.2 (a). /" sidewalk. OWNER shall also be responsible for ~ng~tging CONTRACTOR to install the a~ork in consultation with ARTIST. .' ~:, e. The OWNER or CONT~CTOR will be respons.i.ble for moving the crate containing the bronze works from the address that the' OWNER requests the ARTIST ship them to, to the &ite where the bronze will be installed. / 1.4 Post Installation a. Within 30 days after the 1'nstallation of the A~ Work, theARTIST shall furnish the OWNER'S REPRESENTATIVE W~h a minimum of ~enty-four (24) slides, photographs (and negatives), or digital photographs on a disk which document the process and development of the A~ Work from beginning fabrication through completion. b. The OWNER shall arrange photographic documentation of the si~ and the installed A~ Work at the site. ".. c. The ARTIST shall be notified of any dates and times for presentati~ ceremonies relating to the ART WORK. REPRESENTATIVE written instructions for appropriate maintenance and s a A~ Work. 1.5 Final ACceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 (d) have been completed in substantial conformity with the PEoposal. the A~k is completed. The OWNER'S REPRESENTATIVE and ARTIST shall et on the site immedi~' ly after the installation of each phase of the work. At that time OWNER'S c. Final ~ptance shall be effective on the date of/~he OWNER'S REPRESENTATIVE'S ~..~n notification to ARTIST of final acceptance..///~ 1.6 Risk of Loss X The risk of loss or damage to t A~ Work shall be borne by the AR~t~T until final acceptance or damage due to vanda ism, theft, a~dents, or acts of God once.-~sta at on of the A~ Work is complete. ~ ..' 17 . Liability, Indemnification and Insurance a. The ARTIST agrees to indemni defend ~d hold OWNER and its .officers, of any claims, actions or suits based upon or alleg~ g 'bodily inju~, including death, or prope~y directly or indirectly employed by either of them:~/ b. Upon final acceptance of the Ad ~ork, the OW R shall, to the e~ent permitted by law, and without waiving any immunities ~ilable thereunde indemnify and hold harmless the ARTIST against any and all claims or li~lities thereafter mad in connection with the A~ Work, the site, the project or this agreement;' except claims by the O NER against the ARTIST and claims which may occur as a result ~the ARTIST'S breach of th warranties provided in A~icle . 4 c. The ARTIST and ~1 employees of the ART ch effect and maintain insurance to protect the ARTIST from claims under workers comp nsation acts; claims for damages because of bo~ inju~ including personal inju~, sickness or iseas~, or death of any 1.8 Title Title o~ the A~ Work shall pass to the OWNER upon OWNER'S final ac e~nce of the c completed ART WORK. 4 Article 2. Compensation and Payment Schedule 2.1 Fixed Fee,. all fees, services, expen es, and materials to be performed and furnished )Sy the ARTIST under a. Ten percent (10%), ~.$12,000, within thi~y (30) days after execution of this agreement. b. Payment of invoices, pu~ase orders or statements for expenses and materials, ercent (80%)of the contract price, but not to project. if o those fees shall be deducted from the final payment due the ARTIST. Th of all mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, t cost of transposing the A~ Work to the p under this agreement. A~icle 3. Time of Performance 3.1 Duration The seaices to be required of the ARTIST as set fo~h in Ad~le 1 shall be completed in accordance with the schedule for completion of the Ad Work as p~posed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Secti~ 1.2, provided that such time limits may be e~ended or othe~ise modified by wri~en agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3.2 Construction Delays If, when the ARTIST completes fabrication or procurement of the A~ Work accordance with the approved schedule and notifies the OWNER that the A~ Work is ready r installation, the ARTIST is delayed from installing the A~ Work within the time specified in tH schedule as a result of the construction of the site not being sufficiently complete to permit in tallation of the A~ Work, the OWNER shall provide storage, or reimburse the ARTIST r reasonable transpo~ation and storage costs incurred for the period between the time pr vided in the schedule for commencement of installation and the date upon which the site i sufficiently complete to reasonably permit installation of the A~ Work. In addition, the O ER shall reimburse the ARTIST for any additional travel costs or for unnecessa~ time spent the site 5 3.3 Early~G,ompletion of ARTIST Services The ARTIST 's.hall bear any transportation and storage costs resulting from the/~,mpletion of the ARTIST'S ~e,~ices prior to the time provided in the schedule for installation. 3.4 Time Extensio / The OWNER'S REPF~.SENTATIVE shall grant a reasonable extension of t'r~e to the ARTIST in the event that there is, a delay on the part of the ARTIST in performing '~s obligations under this Agreement due to cS~ditions beyond the ARTIST'S control or Acts 6f God which render timely performance of the,, ARTIST'S services impossible or unex~;ctedly burdensome. Likewise the ARTIST shall gi'ant a reasonable extension of time to the OWNER in the event that there is a delay on the '~l~art of the OWNER in performing its obligations under this Agreement due to conditions be~o.,nd the OWNER'S control or Acts Of God which render timely performance of the OWNER'S se[v, ices impossible or unexpecte.dly burdensome. Failure to fulfill contractual obligations due to ~.,gnditions beyond either party's reasonable control will not be considered a breach of contract; p~vided that such obligatio. ris shall be suspended only for the duration of such condition. ...' \ Article 4. Warranties ~ .' ',, // 4.1 Warranties of Title The ARTIST represent.s and warrants that: (a) t.R A~.. Work is .solely. !he result of the artistic copyright; (c) that the Art Work, or a duplic~e thSfeof, has not been accepted for sale elsewhere; and (d) the Art Work is free and clear of any 'l~ns from any source whatever. 4.2 Warranties of Quality and Condition ',,~ The ARTIST represents and warrants thai: (a) the execution a'~l fabrication of the Art Work will be performed in a workmanlike manr~'r; (b) the Art Work, as fabricated and installed, will be free of defects in material and workmanship, including any d fects consisting of inherent followed, will achieve their intended result. ,, \ The warranties described i.r}/this Section 4.2 shall apply to the bronze w~rk only and not to the Surrounding concrete worJ( or the caulk around the bronze work, and shaft survive for a period of five years after the .,final acceptance of the Art Work, excluding deteKoration or damage caused by circumstandes not in the ARTIST's control, such as vandalism, theft, abuse of the surface finishes, ch~'Fnical runoffs or spills, or accidents. The OWNER shall ' ive notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST sha , at the request conseNatioa'standards (including, for example, cure by means of repair or refabr~ation of the Ad Work), "' A~icle S. Reproduction Rights 5.1 General ~, The AF~IST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other righ'~ in and to the Art Work except ownership and possession, except as limited herein. In view of thee intention that the Art Work in its final dimension shall be unique, the RTIST shall not make an~ additional duplicate reproductions of the final Art Work, nor sh;lfAthe ARTIST grant permission. to others to do so except with the written permission of the' OWNER. The' ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable licens'e to make two or three dimensional 'reproductions of the Art Work for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising,' calendars, posters, brochures, media, pulSli,city, catalogues, museum, educational and development projects, or other similar publications;!,.provided that these rights are exercised in a professional manner. 52 Notice '-, "" ' ' " a copyright notice 5.3 Credit to Owner ,, \ The ARTIST shall use best efforts to gi~ a credit reading substantially, "an original art work owned and commissioned by the City of',towa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the Art'Work. 5.4 Registration \. The ARTIST may cause to be registered, with th~ United States Register of Copyrights, a copyright of the Art Work in the ARTIST'S name. \. Article 6. ARTIST'S Rights \',,,.. 6.1 Identification The OWNER shall, at its expense,' prepare and install at t'~ site a plaque identifying the ARTIST, the title of the Art Work,,.' and the year of completion; '~,,?d shall reasonably maintain such notice to the extent as may, be practicable. . \ 6.2 Maintenance . The OWNER recognizes that maintenance of the Art Work on a regula~'~aasis is essential to the integrity of the Art Work. The OWNER shall take reasonable steps to assure that the Art Work is properly maintained and protected, taking into account the instructigns of the ARTIST provided in accordance with Section 1.4 (d). 6.3 Alteration of'the Work or of the Site "".. a. Ex'Cept as provided under subsection 7.3(b), below, The OWNER agnes that it will not inten:lionally damage, alter, modify or change the Art Work without the prior w~.ten approval of the ARTIST. ',, b. The OWNER reserves the right to alter the location of the Art Work; relocate the Art Work to another site; and remove the Art Work from public display. The following p~visions shall apply to relocation or removal: '\ (i) While the OWNER shall attempt to remove Art Work in such a way as to not affect the Art Work, it is the parties understanding that such removal may result in damage, 7 alteration, modification, destruction, distortion or other change of the Art Work. The ARTIST acknowledges that this provision shall qualify under 17 U.S.C. Section 113 (d) so//als to waive rights under 17 U.S.C. Section 106A. / / Wor~g~, be removed (ii) If, at the time of removal, it is determined that the Art y without damage, alteration, modification, destruction, distortion or other chan OWNER shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the Art Work, the ARTIST agrees to file the records, including ARTIST'S identity aBd address, with the Register of Copyrights as',.provided under 17 U.S.C. Section 113 (d) (3/): The ARTIST further agrees to update information with the Register of Copyrights so as .tb permit notification of intent to remove the Art Work':' 6.4 Permanent Record. The OWNER'S REPRESENTATIVE,. shall maintain on pef:manent file a record of this Agreement and the location and disposition of the Art Work..,' Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under thi~Agreement as an independent contractor and not as an agent or an employee of the OWNEF~.~ The"ARTIST shall not be supervised by any employee or official of the OWNER, nor sha~ the ARTIST exercise supervision over any employee or official of the OWNER. ,~, Article 8. Assignments, Transfer, Subcontracting "',., 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to"~nnul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to'~,be provided hereunder at the ARTIST'S expense provided that said subcontracting shall nat negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OW1%IER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this a~[reement by giving written notice to the defaulting party of its intent to terminate specifying,the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default: If it is not cured, then this agreement shall terminate. In the event of,default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or- prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the Art Work shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER 8 in exchange for all finished and unfi.nished re. lat.e.d Art Works. Notwithstanding the p,.r/evious reasonably withhold payments to the ARTIST until such time as the exact ame. u'nt of such damages due the,OWNER from the ARTIST is determined. Further, the OWNER shall retain the right to termina'ie this agreement upon completion of the initial block face if th~ quality of the work performed does qot meet the requirements of the OWNER. Article 10. Compliance The ARTIST shall be requir~d~to comply with Federal, State, and City statutes, ordinances and regulations applicable to the p~ff, ormance of the ARTIST'S services under this agreement. Article 11. General Terms , 11.1. The Artist shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontractS. 11.1.1 To discharge or refuse to hire any':iOdividual because of their race, color, religion, sex, national origin, disability, age, marital status,, /gender identity, or sexual orientation. 11.1.2 To discriminate against any individual in..~terms, conditions, or privileges of employment because of their race, color, religion, S~x:"n. ational origin, disability, age, marital status, gender identity, or sexual orientation:" ' ,, 11.2 It is understood and agreed that,~he retention ~>( Artist by Owner for the purpose of the Project shall be as an indepefident contractor'~a, pd shall be exclusive, but the Artist shall have the right to emplo,y' such assistance as may be required for the performance of the Project. .., 11.3 It is agreed by the Owper that all records and files peFt~ining to information needed by the Artist for the project shall be available by said City d on reasonable request to the Artist. The Owner..agrees to furnish all reasonable a~l~'°stance in the use of these records and files.// / 11.4 At the request' of Owner, the Artist shall attend such meet%0, gs of the City Council relative to thi~ work set forth in this Agreement as deemed necessary. Any requests made by,~the Owner shall be given with reasonable notice~ to Artist to assure attendance and shall coincide with trips to Iowa City already planned by the Artist pursuafit to Section 1.2 and 1.3. 11.5 Should any section of this Agreement be found invalid, it is agreed tl~at the remaining portion shall be deemed severable from the invalid portion and conti'hue in full force 'and effect. "', 11.6, Fees paid for securing approval of authorities having jurisdiction over the,,Project will be paid by Owner. 11.7 Upon signing this agreement, Artist acknowledges that Section 362.5 of be Iowa Code prohibits a City officer or employee from having an interest in a contract' ith the City, a. nd certifi.es that n.o employee or officer.of.the City, whic. h include? mem. ers of provision enumerated in Section 362.5. Article 12. Entire Agreement Gregg Lefevre Ernest W. Lehman, Mayor ATTEST Marian K. Karr City Clerk shar~/adist3.doc / / / / // ~~~ / Ci~ A~omey's ~ce / / /' / / / / 3d(2) Prepared by: Steve Long, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RESOLUTION NO. 00-278 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT '1607 MORNINGSIDE DRIVE, IOWA CITY, IOWA WHEREAS, on July 29, 1997, the owner of 1607 Morningside Drive executed a Mortgage through the City's Downpayment Assistance Program for the total amount of $3,000; and WHEREAS, the loan was paid off on August 11, 2000; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk .to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1607 Morningside Drive, Iowa City, Iowa from Mortgages recorded on July 31, 1997, Book 2317, Page 1 through Page 4 of the Johnson County Recorder's Office. c-.,M,Z,y,OR' It was moved by 0' Donne'l '1 and seconded by Vanderhoef 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 ppdcdbg/res/1607rnomingsidedoc Prepared by: Steve Long, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5250 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1607 Morningside Drive, Iowa City, Iowa, and legally described as follows: All that part of lots 21 and 22 lying southwesterly of the line running in a northwesterly and southeasterly direction and passing along the centerline of the driveway, as delineated on a certain plat of survey made by Phil C. Englert, Professional Engineer, and recorded in Book 4, Page 176, plat records of Johnson County, Iowa, all being in block 9 in Morningside Addition to Iowa City~ Iowa, according to the recorded plat thereof; subject to an easement over a strip of ground 5 feet in width lying southwesterly of and adjacent to said line above described; and including an easement over a strip of ground 5 feet in width lying northeasterly of and adjacent to the above described line, said easements over said strips being from the westerly lot line in a southeasterly direction for a distance of 55.4 feet, all as provided by the warranty deed dated December 12, 1949, recorded December 12, 1949, in Book 205, Page 345, deed records of Johnson County, Iowa. From an obligation of the owner, Courtney Hogan, to the City of Iowa City in the total amount of $3,000 represented by a Mortgage recorded on July 31, 1997, Book 2317 Page 1 through Page 4, of the Johnson County Recorder's Office. This obligation has been satisfied ~ and the property is hereby rel from any upon title to the above property by reason of said prior record · ' CITY CLERK STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 15, ~ L day of ~ -~ 'F , A.D. 2000, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation bX authority of its City Council, as contained in Resolution No. oo~ZT'~adopted by the City Council on the day ~' A~sr ,20 ~L~ and that the said Ernest W. Lehman and Marian K. Karr as such o~ acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa Yr~.~ C,~,..~,.:..~_~_ - ~,~ v,.,~ ~ ppdcdbg/1607morning$ide. doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 00-279 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND ASSOCIATES FINANCIAL SERVICES COMPANY, INC. FOR PROPERTY LOCATED AT 1504 RIDGE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the amount of $3,923, executed by the owner of the property on April 20, 1999 recorded on April 29, 1999, in Book 2723, Page 271 through Page 275, and the City of Iowa City is also the owner and holder of another Mortgage in the amount of $845, executed by the owner on July 28, 1999, and recorded on August 12, 1999, in Book 2805, Page 231 through Page 235 in the Johnson County Recorder's Office covering the following described real estate: An undivided one-fourth interest each in Lot 106, Kirkwood Heights Addition to Iowa City, Iowa WHEREAS, Associates Financial Services Company, Inc., has refinanced the first mortgage in the amount of $34,196.92 to the owner of 1504 Ridge Street to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is requested the Mortgages held by the City be subordinated to the revised first mortgage entered in to accommodate Associates Financial Services Company, Inc., and WHEREAS, Associates Financial Services Company, Inc. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said mortgage with Associates Financial Services Company, Inc. which was the City's original position; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Associates Financial Services Company, Inc., Cedar Rapids, Iowa. Passed and approved this 15th day ofA~~~/,~~ ~.~~~_,_~ Approved by ppdre hab/res/1504ridge. doc Resolution No. 00-279 Page 2 It was moved by 0' Donnel 1 and seconded by Vande~'hoef 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 Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and A,~JTTf'ATF~ FTNAff:TAT, ,~q"~VI"C'F'~_ (TIvlPANY, TNC:,. Of CZDAR'J~2]]]S. ~ , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain ~R~-~ which at this time is in the amount of $ 4,76~.00 and were executed by ~ J. B3G]~S (herein the Owner), dated AP~Tr. ?0 , 19q9 recorded APE~29 , 1999 , in Book 2723, Page 23_3. througl'; 275 and dated JU~Y 28 19 99, recorded ALg~ 12 , 19 99 in Book 2805 , ~age 231 through 235, Johnson County Recorder's Office, covering tl';e following described real property: LOT 106, KIRB4I)D HEIGHTS ADDITION TO IC~A CITY, IOWA. WHEREAS, the Financial Institution proposes to' loan the sum of $ 34,196.92 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Finsncial ~nstitution to make such !oan, it is necessa.~, that the l~ held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted YI:)~GAG~ held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the ~ of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 271~ day of .]fif,Y ,20 00 " Mayor ' Attest: City Attomey's Of:ic~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 15''~z' day of A~Gu:~T- , 20 OL~ , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared E,-~,~.-~ t/.), Le/~,,-,q and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. o o --a '1 ? passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the /5 4/.. day of /~V,C. iL-~T" , 20 Ob , and that ~r~es4 LL). I -~k~--,c,~,-, and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 271~ day of JULY , A,D. 20 m , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ]~VI:I) J. ~ ~ , to me personally known, who being by me duly swom, did say' that they are the R~?A]~-I , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said DAV'rD as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. IIf~glllilS~ BillEl Notary Pu in~ 1-11-et w ppdcdbg~subrdntnagt,doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 00-280 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 400 NORTH CLINTON STREET, IOWA CITY, IOWA WHEREAS, on August 28, 1989, the owner of 400 North Clinton Street executed a Mortgage through the City's Rental Rehab Program for the amount of $35,000; and WHEREAS, the terms were satisfied on February 28, 2000; and WHEREAS, on January 8,1990, the owner executed another Mortgage through the City's Rental Rehab Program for the amount of $13,397; and WHEREAS, the terms were satisfied on July 8, 2000; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 400 North Clinton Street, Iowa City, Iowa from a Modgage recorded on January 12, 1990, Book 1100, Page 108 through Page 110 and another Mortgage recorded on December 19, 1991, Book 1308, Page 217 through Page 219 of the Johnson County Recorder's Office. Passed and approved this 15th day of Au ,20 00 Approved by City Attorney's Office It was moved by O'Donne'l I and seconded by Vanderhoef 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 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 400 North Clinton Street, Iowa City, Iowa, and legally described as follows: The south half of Lots 5 and 6 in Block 75 in Iowa City, Iowa, according to the plat thereof recorded in Book 1, page 116, Plat Records of Johnson County, Iowa, except the east 50 feet of the south half of said Lot 6, subject to easements and restrictions of record from an obligation of the owner, John R Rummelhart, Jr., to the City of Iowa City in the total amount of $48,397 represented by a Mortgage for $13,397 recorded on January 12, 1990, Book 1100 Page 108 through Page 110, and another Mortgage for $35,000 recorded on December 19, 1991, Book 1308, Page 217 through Page 219, of the Johnson County ReCorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 15,~'/l day of ~.<~uST' , A.D. 20 o?2 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. c~-zs~, adopted by the City Council on the s~ ~z~ day ,20 L~c7 and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa 3d(5) Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-281 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING FOUR MORTGAGES FOR THE PROPERTY LOCATED AT 1907 G STREET, IOWA CITY, IOWA WHEREAS, on January 6, 2000, the owner of 1907 G Street executed four Mortgages through the City's Housing Rehabilitation Program for the total amount of $12,162; and WHEREAS, the loans were paid off on July 24, 2000; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1907 G Street, Iowa City, Iowa from Mortgages recorded on January 18, 2000, Book 2892, Page 264 through Page 287 of the Johnson County Recorders Office. Passed and approved this 15t. h day of Augus1: ,20 00 Approved by ATTEST. C71~C~Rt~__ ,/(2..i~,)~.~.~ j City Att(~rn'~ce 2--z-ed It was moved by 0'Donne] ] and seconded by Vanderhoef 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 × Wilburn ppdrehab~res\1907gstr.doc Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1907 G Street, Iowa City, Iowa, and legally described as follows: Lot 4 in Block 32 in East Iowa City, Iowa, Johnson County, Iowa, according to the recorded plat thereof from an obligation of the owner, Kristine Hedges, to the City of Iowa City in the total amount of $12,162 represented by Mortgages recorded on January 18, 2000, Book 2892 Page 264 through Page 287, of the Johnson County Recorder's Office. ThiS_obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded ~/.~nt~/ Approved by CI~LERK ¢ity A~orney's STATE OF IOWA ) ) SS: JOHNSON COUN~ ) On this ~ S +~ day of ~.~ ST , A.D. 20 o~ , before me, the undersigned, a Nota~ Public in and for said County, in said State, pemonally appeared Ernest W. Lehman and Madan K. Karr, to me pemonally known, who being by me duly sworn, did say that they am the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal a~xed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~t, adopted by the City Council on the/5 ~ day ,20 ~ and that the said Ernest W. Lehman and Madan K. Karr as such o~cem acknowledged the execution of said instrument to be the voluntaW act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa ppdrehab~1907gstrrel.doc '/"~/ Cz- ' ' Ex/~c~z-~; .-~/'7/b~ 08-15-00 3d(6) Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-282 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BE'rWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT '1209 HIGHLAND AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of an Agreement, a Promissory Note and Mortgage in the amount of $5,030, executed by the owners of the property on December 4, 1992, recorded on December 10, 1992, in Book 1475, Page 345 through Page 349, and Book 1476, Page I through Page 7 in the Johnson County Recorder's Office covering the following described real estate: Lot 91 in Kirkwood Heights, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 3, Page 137, Plat Records of Johnson County, Iowa, except the south twenty-two (22) feet thereof, subject to easements and restrictions of record. WHEREAS, Iowa State Bank and Trust Company, has refinanced the first and second mortgage in the amount of $32,000 to the owner of 1209 Highland Avenue to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is requested the Agreement, Promissory Note, and Mortgage held by the City be subordinated to the revised first mortgage entered in to accommodate Iowa State Bank and Trust Company; and WHEREAS, Iowa State Bank and Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said mortgage with Iowa State Bank and Trust Company which was the City's original position; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust Passed and approved this ].51:h day . R ' Approved by City Attorney's Office ppdrehabVes\1209high2.doc Resolution No. 00-282 Page 2 It was moved by 0 ' Donnel 1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City Of Iowa City, herein the City, and Iowa State Bank & Trust Co. Of Iowa City, Iowa , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain mortgage which at this time is in the amount of $ 5,030 and were executed by susan and d h (herein the Owner), dated December 4, 19 92 Edwar Ne ring , recorded December 10 1992 in Book 1475, Page 34,5 througt~ 349 and dated [;ecember 4, 19 92 , recorded December' 10 , 19 92, in Book 1476, ~Dage i through 7 , Johnson County Recorder's Office, covering the following described real property: Lot 91 in Kirkwood Heights, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 3, Page 137, Plat Records of Johnson County, Iowa, except the south twenty-two (22) feet thereof, subject to easements and restrictions of record. WHEREAS, the Financial Institution proposes to loan the sum of $ 32,000 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covedng the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the held by the City be subordinated to the lien of the mortgage mortS~6e proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mortgages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the moz:l:g;a~es of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 31st day of July ,20 00 Attorney~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this IS'~' day of ~u~fs-'c , 20 co , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~,-~,~s-F c,,.). L~-k.-,,~c.~ and Madan K. Karr. to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinanco) (Resolution) No. Go- z ~ z_ passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /5 .,L day of /~,~ c-~/.:;-t , 20 c~'2 , and that E'r^,.s4 C.~ L-~l,r,,~ ,., and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa 7Y~.3 Q~---~u3--- L-'xp, ,-~_~.. SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 31st day of July , A.D. 20 oo , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared I~,.-qne 1.. SkT.~rl-~.enrlnxhpT' and J~,ffrpy J. Niel~,'n , to me personally known, who being by me duly sworn, did say that they are the Se~,i.o~: Vtce l'~:esa[cleal: and Vtce Prestdenl: , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said r~,.nr~ l.. and Je££rey J. Nie] sen as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Pub clan/~~"~,t~ ~f Iowa ppdcdbg~subrdntnagt.doc ........... ...... 3d(7) Prepared by Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-283 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION - PART SIX, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Galway Hills Subdivision - Part Six, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Galway Hills Subdivision - Part Six, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. day of , . Approved by It was moved by 0' Donnel 1 and seconded by Vandet~hoef 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 pweng/res/galwayhls6.doc F_N(31NEI~R'S REPORT August 3, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Galway Hills Subdivision - Part Six Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Galway Hills Subdivision - Part Six have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009 r~ L 08-15-00 ' 3d(8) Prepared by Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-284 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR COUNTRY CLUB ESTATES FIRST ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Sanitary sewer, storm sewer, and water main improvements for Country Club Estates First Addition, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Country Club Estates First Addition, as constructed by Streb. Construction Company, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 15t, h day of , . Approved by City Attorney's Office It was moved by 0 'Donnel '1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab X Vanderhoef X Wilburn pweng/res/countryclub.doc August 3, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Country Club Estates First Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Country Club Estates First Addition have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Company, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Rick Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-S000 * FAX (319) 356-5009 Prepared by: Denny Cannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-285 RESOLUTION ACCEPTING THE WORK FOR THE SUMMIT STREET BRIDGE RECONSTRUCTION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Summit Street Bridge Reconstruction Project, as included in a contract between the City of Iowa City and Iowa Bridge & Culvert, Inc. of Washington, Iowa, dated March 8, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 15th day of . Approved by CI'I'~CLERK City Attorney's Office It was moved by 0' Donne'l '1 and seconded by Vande~'hoef 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 pweng/res/summitbridge,doc ENGINEER'S REPORT August 3, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Summit Street Bridge Reconstruction Project Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Summit Street Bridge Reconstruction Project has been completed by Iowa Bridge & Culvert, Inc. of Washington, Iowa, in substantial accordance with the plans and specifications prepared by NNW, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $1,307,260.88. This project received Federal-aid funding in the amount of $774,421.92. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 City of Iowa City MEMORANDUM Date: July 20, 2000 To: Steve Atkins From: Kim Johnson~ Re: Agenda Items The following are costs associated with Ca ital Improvement Projects being presented for acceptance at the August 15Phh Council meeting: 1) Summit Street Bridge Reconstruction Project Contractor: Iowa Bridge & Culvert, Inc.. · Project Estimated Cost: $ 1,246,000.00 · Project Bid Received: $ 1,292,897.28 · Project Actual Cost: $ 1,307,260.88 · Federal-aid Funding $ 774,421.92 2) North Riverside Drive / Arts Campus Storm Sewer Project - Phase I Contractor.' Iowa Bridge & Culvert, Inc.. · Project Estimated Cost: $ 415,000.00 · Project Bid Received: $ 452,883.50 · Project Actual Cost: $ 539, 156.47 · University of Iowa Contribution $ 59,890.95 Prepared by: Denny Gannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-286 RESOLUTION ACCEPTING THE WORK FOR THE RIVERSIDE DRIVE/ARTS CAMPUS STORM SEWER PROJECT - PHASE I WHEREAS, the Engineering Division has recommended that the work for construction of the Riverside Drive/Arts Campus Storm Sewer Project - Phase I, as included in a contract between the City of Iowa City and Iowa Bridge & Culvert, Inc. of Washington, Iowa, dated August 25, 1998, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 151:h day of A~~. ,20 00 Approved by C?)T~KK'~ City Attorney's Office It was moved by 0' Donne'l ] and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab × Vanderhoef X Wilburn pweng/res/riverside-arts.doc EH~IHEER'~ REPORT August 3, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Riverside Drive/Arts Campus Storm Sewer Project- Phase I Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Riverside Drive/Arts Campus Storm Sewer Project- Phase I has been completed by Iowa Bridge & Culvert, Inc. of Washington, Iowa, in substantial accordance with the plans and specifications prepared by NNW, Inc. of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $539,156.47. This project was a joint effort between the City of Iowa City and the University of Iowa, of which the University's cost share is $59,890.95. I recommend that the above-referenced improvements be accepted by the City of Iowa City. ~~2~sY~e' P'E~'~~'~'''' City Engineer 410 EAST WASHINGTON STREET , IOW'A CITY, IOWA 52240-1826 · (319) 356-5000 * FAX (319) 356-5009 Prepared by: Scott Kugler, Associate Planner, 410 E, Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 00-287 RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERNMENT (CLG) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF PREPARING A NATIONAL REGISTER NOMINATION FOR THE PROPOSED LONGFELLOW HISTORIC DISTRICT. WHEREAS, the State Historical Society of Iowa administers the Certified Local Government (CLG) Grant program to assist local communities with historic preservation projects; and WHEREAS, the City of Iowa City Historic Preservation Commission has prepared an application for a CLG Grant of $4,400 for the purpose of preparing a National Register nomination for the proposed Longfellow Historic District; and WHEREAS, said grant will require local matching funds of $3,100 which the Historic Preservation Commission proposes to provide through funds allocated in the budget for historic preservation activities and in-kind costs; and WHEREAS, said grant will aid the City in its efforts to identify, protect and properly develop its historic resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Historic Preservation Commission is hereby authorized to file an application for a CLG Grant of to $4,400 for the purpose of preparing a National Register nomination for the proposed Longfellow Historic District which will require $3,100 in matching local funds, donations, and in-kind services and supplies. · Passed and approved this :~5t, h day.of~~~~ ,~~00..~~ ATTEST:CIT:~{:~LERK "" ~tit¢ A rney ppdadmlres/clgdoc Resolution No. 00-287 Page 2 It was moved by 0'Donnel 1 and seconded by Vander'hoef 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 08-15-00 I RECREATION INFRASTRUCTURE GRANTS PROGRAM 3di'lZ) PROJECT PROPOSAL Resolution No. 00-288 RESOLUTION ON DEVELOPMENT FOR RECREATION County: Johnson WHEREAS, the City of Iowa City is interested in developing recreational facilities on the following described project for the enjoyment of the citizenry of Iowa City, Johnson County and the State of Iowa. Project Title: Iowa City Skate Park Total Estimated Cost: $300,000 Brief Description of Project: Construction of a 12,000-13,000 square foot state-of-the art, fully concrete skate park in an existing community park. The facility will accommodate both skate boarders and in-line skaters with a wide range of skills and abilities. AND, Recreation Infrastructure Grants are sought to provide financial assistance for the acquisition or development of said recreational facilities, NO~ THEREFORE, be it resolved by the City Council of Iowa City that the project described above be authorized, AND, be it further resolved that said City of Iowa City make application to the Iowa Department of Natural Resources to seek Recreation Infrastructure Grant assistance from the Department of Natural Resources in the amount of 33 1/3% of the actual cost of the project in behalf of said City of Iowa City, AND, be it further resolved that said City of Iowa City certifies to the following: 1. That it is in complete accord with the attached proposal and that it will carry out the development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 2. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Iowa City for public recreational use for the anticipated life of the project, estimated to be 25-30 years. 3. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. the foregoing is a true orrect copy of a resolution duly and legally adopted by the City Council of Iowa City ' ,2000. MAYOR Approved by ATTEST: '~2 CI4~'CLERK City Attomgy's Office Resolution No. 00-288 Page 2 It was moved by 0 ' Donnel 1 and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: AB SENT: X Champion X Kanner × Lehman X 0'Donnell X Pfab X Vanderhoef X Wilburn lw/skatepark.doc Prepared by: Joe Fowler, Director of Parking & Transit, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5156 RESOLUTION NO. 00-289 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 29th day of August, 2000, at 8:00 a.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 15th day ,20 00 . Resolution No. 00-289 Page 2 It was moved by 0'Donne'l ] and seconded by Vanderhoef the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X ' Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum 08-15-00 3e(2) Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 00-290 RESOLUTION SE'I'I'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE WATER MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications. form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 29TM day of August, 2000, at 8:00 a.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this :15t. h day of . ,20 0~ c.,,~M/~,,7~SR - ..- pwengVes\l avewater.doe 9/99 Resolution No. 00-290 Page 2 It was moved by O'Donnel 1 and seconded by Vander'hoef 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 Wilbum I/V~ 08-I 5-00 i 3e(3) Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. 00-29]. RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH AIRPORT DEVELOPMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 29t" day of August, 2000, at 8:00 a.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proiect in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named proiect is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this ].51;h dayo.~~/~/. MAYOR Approved by City Attomey's Office pwengVes~nodh-airport.doc Resolution No. 00-291 · Page 2 It was moved by O'Donnel 1 and seconded by Vanderhoef 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 Wilbum 08-15-00 5i Prepared by: Robert Miklo, Senior Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. 00-293 RESOLUTION APPROVING FINAL PLAT OF GALWAY HILLS, PART SIX, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk the final plat of Galway Hills, Part Six, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: · ~ Commencing at the Northeast Corner of the Northwest Quarter of the Fractional Northeast Quarter, of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00°10'02"E, along the East Line of said Northwest Quarter, 50.00 feet, to a Point on the Southerly Right of Way Line of Melrose Avenue; Thence S89°24'24"W, along said Southerly Right of Way Line, 749.42 feet, to the Northwest Corner of Galway Hills Subdivision, Part Five, in accordance with the Plat thereof Recorded in Plat Book 40 at Page 282 of the Records of the Johnson County Recorders Office and the Point of Beginning; Thence S00°35'36"E, along the Westerly line of said Galway Hills Subdivision, Part Five, a distance of 196.27 feet; Thence S05°45'30"W, along said Westerly Line, 345.14 feet; Thence Southeasterly, 41.45 feet, along said Westerly Line on a 375.00 foot radius curve, concave Northeasterly, whose 41.42 foot chord bears S87°24'28"E; Thence S00°34'26"E, along said Westerly Line, 147.04 feet; Thence S88°43'34"W, 147.59 feet; Thence N61°47'59"W, 220.51 feet, to the Southeast Corner of Lot 35, of Galway Hills Subdivision, Part One, in accordance with the Plat thereof Recorded in Plat Book 31, at Page 247, of the Records of the Johnson County Recorder's Office; Thence N09°48'17"E, along the Easterly Line of Said Galway Hills Subdivision, Part One, a distance of 249.40 feet; Thence N19°59'55"W, along said Easterly Line, 162.76 feet; Thence N00°35'36"W, along said Easterly Line, 185.36 feet, to its intersection with the Southerly Right of Way Line of Melrose Avenue; Thence N89°24'24"E, along said Southerly Right of Way Line, 346.76 feet, to the Point of Beginning. Said Tract of land contains 4.82 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 WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. 000206 Resolution No. 00-293 Page 2 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, Io.wa, 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. o u CORPORATE SEAL .- by _//~ It was moved by Vanderhoef and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X .Kanner X Lehman X 0'Donnell X Pfab X Vanderhoef X Wilburn ppdadminVes',galplat6.doc 000207 STAFF REPORT ' -.- - 'To: Planning and Zoning Commission Prepared by: Robert Miklo Item: SUR99-00~0. Galway Hills, Part Six Date: October 7, 1999 " Final Plat RI=NFRAI INFORMATION: Applicant: Dav-Ed Ltd. 317 N. Seventh Ave. Iowa City, IA 52245 Phone: 351-5000 Contact person: Dave Cahill Requested action: Final plat approval. Purpose: A 13-lot residential subdivision. Location: South of Melrose Avenue, west of West High School. Size: 4.82 acres Existing land use and zoning: Undeveloped, RS-5 Surrounding land use and zoning: North - Vacant; P East- Vacant; OPDH-8 South- Vacant; RS-5 __ West- Residential; RS-5 Comprehensive Plan: 2 to 8 dwelling units per acre File date: September 28, 1999 45-day limitation pedod: November 12, 1999 60-day limitation pedod: November 27, 1999 SPFCIAI INFORMATION: Public utilities: City water service is available via a line in Melrose Avenue. Sanitary sewer service will be available from a new line being constructed for Galway Hills Part 5 and the Melrose Retirement Community. Public services: Police and fire protection will be provided *' by the City. Municipal refuse and recycling service will be provided. 2 Transportation: The Hawkeye transit mute is the nearest bus service. A bus stop is located .' approximately ~ mile east of this subdivision. BACKGROUND INFORMATION: The applicant, Dav-Ed Ltd. has requested approval of the final plat of Galway Hill, Part 6, a 4.82 acre 13-.lot subdMsion located on the south side of Melrose Avenue west of West High School. The preliminary plat of Galway Hills Part 6 was approved by the City Council on July 26, 1999. The Galway Hills development began in 1991 with the rezoning and platting of portions of Galway Hills, Part One located to the west of this property. The most recent addition to Galway Hills was the rezoning to OPDH-8 and subdivision of part five to allow the development of Melrose Retirement Community and 7 single-family lots on Dublin Drive to the east of this property. ANAl YSIS: Subdivision Design: The subdivision as submitted generally complies with the approved preliminary plat and zoning code. It consists of 13 single-family lots, which range in size from 9,569 square feet to 20,612 square feet. These lots comply with the requirements of the RS-5, Low Density Single-Family Residential zone. Keamey Lane and Keamey Court will provide street access. Legal papers are being reviewed by the City Attomey's Office. Construction drawings are being reviewed by the Public Works Department. These items must be approved prior to City Council consideration. Sanitary sewer: A sanitary sewer line is proposed for construction to serve the Galway Hills Part Five subdivision located directly east of this property. The new sewer line will also serve Galway Hills Part Six. There is a tap-on fee of $2,017 per acre for the Northwest Trunk Sewer ($9,724.06 (4.82 acres x $2,017.44). A water main tap on fee of $1,903.90 (4.82 acres x $395.00/acre) is also required for this subdivision. The legal papers should address the payment of these fees. STAFF RFCOMMFNDATION: Staff recommends approval of the final Galway Hills. Part 6, a 13-1ot 4.82 acre residential subdivision located on the south side of Melrose Avenue west of West High School. Subject to staff approval of legal papers and construction drawings prior to Council approval. ATTACHMFNTS: 2. Final Plat. and Community Development CITY OF IO~vA CITY 5 P SITE LOCATION: West Melrose, end of Kearney LaneSUB99-0020 FINAL PLAT FILED GALWAY HILLS SUBDIVISION - PART SIX TO IOWA CITY, IOWA Imq~? Wlnqmmltw~ ~f: ~,m~,m/~ emm, rmm~q, .o Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 00-294 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2000 PAVEMENT MARKING 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 secudty 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 10:30 a.m. on the 6th day of September, 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 12th day of September, 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 15th day of August ,2000. MA Y : ". Approved by pweng~res~oavemarking.doc Resolution No. 00-294 Page 2 It was moved by Vanderhoef and seconded by I") ' Dnnnel 1 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 Wilbum 08-15-00 Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-7 '-,,. RESOLUTION NO. '\ \RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM_,/,dF CON- ~RACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION F THE 2000 RECE'IpT OF BIDS. WHEREAS, n0\tib~ of public hearing on the plans, specificatlas, form of contract and estimate of cost for the above-~qamed project was published as requir by law, and the hearing thereon held. NOW, THEREFOR~;'~,E IT RESOLVED BY THE ~CIL OF THE CITY OF IOWA CITY, project are hereby ap~q~ved. / 2. The amount of bid each bid for the construction of the above- named project shall be in of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby and directed to publish notice for the receipt of bids for the construction of the project in a newspaper published at least once weekly and having a ge~ in the city. ! 200.0, or at .a lat~ date an.d/or time as e~ ~!ned by the Dir. ector of Publi.c Works or on the 12th/aay of September, 2000, or if said ~g is cancelled, at the next meeting of the City Cbuncil thereafter as posted by the / .i / Passed and/a'pproved this day of ,2000. / / / ,// MAYOR A'I~EST: CITY CLERK Ci~y'A~tor;~ pwengVes~oavemarking.doc Council Member Vanderhoef then introduced the following Resolution entitled "RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN THEREFOR" and moved that the same be adopted. Council Member 0' Donne] ] seconded the motion to adopt. The roll was called and the vote was, AYES: O'Donnell, Vanderhoef, Wilburn, Champion, Lehman NAYS: Pfab, Kanner Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTIONNO. 00-295 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN THEREFOR. WHEREAS, this Council has reasonable cause to believe that the area described below satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and -3- WHEREAS, a proposed Sycamore and First Avenue Urban Renewal Plan for the area described below has been prepared, which proposed Plan is on file in the office of the City Clerk and which is incorporated herein by reference; and WHEREAS, this proposed Urban Renewal Area includes and consists of: Commencing at the Southeast comer of the Northeast quarter of Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson County Auditor's Office; thence West along the South line of the Noaheast quarter of Section 23 to the Southwest comer of the Noaheast quarter of Section 23; thence 66 feet to a point perpendicular on the Western Right-of- Way line of Sycamore Street, thence Nonhefty along said Right-of-Way line to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, which is the Point of Beginning. Thence Northerly along the Western Right-of-Way line of Sycamore Street to the Southeastern comer of Johnson County Auditor' s Parcel 10-14-386- 003, thence 66 feet to a point perpendicular on the Eastern Right-of-Way line of Sycamore Street; thence Northerly along the Eastern Right-of-Way line of Sycamore Street to the Northwestern comer of Johnson County Auditor's Parcel 10-14-457-003; thence Easterly 147.61 feet to an angle point of said Parcel; thence Northeasterly 413.83 feet; thence Northerly 57.36 feet to the Southern Right-of-Way line of Lower Muscatine Road; thence Northwesterly along the Southern Right-of-Way line of Lower Muscatine Road to a point perpendicular 33 feet from the Western comer of Johnson County Auditor's Parcel 10-14-452-004; thence Northeasterly 223.82 feet to the Northern comer of said parcel; thence Southeasterly 40 feet to the Eastern comer of said parcel; thence Northeasterly along the property line of Johnson County Auditor's Parcel 10-14-452-002 to its Nonhem comer; thence Southeasterly 150 feet along the property line of said parcel to its Eastern comer; thence Southwesterly 224.9 feet to the intersection of said parcel's Southern comer and the Nonhem Right-of- Way line of Lower Muscatine Road. Thence Southeasterly along the Northern Right-of-Way line of Lower Muscatine Road to the Nonhem Right-of-Way line of Mall Drive; thence Northeasterly 1533.09 feet along the Northern Right-of-Way line of Mall Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad; -4- thence Southeaste~y along said Right-of-Way line to its intersection with the Eastern line of Section 14. Thence South along the Eastem line of Section 14 to the Noahwest comer of Johnson County Auditor' s Parcel 10-13 -353 -002; thence Easterly 176 feet to the Eastern property line of said parcel; thence Southwesterly along the Eastern property line of Parcel 10-13-353-002 to it's Southeast comer; thence Northwesterly to the Eastern line of Section 23; thence South along the Eastern line of Section 23 to the Southeast comer of the Johnson County Auditor's Parcel described as 10-23-103,001 through 029, then Southweste~y 988.76 feet to the Northern Right-of-Way line of Lower Muscatine Road, crossing said Right-of-Way line to the intersecting point of the Southern Right-of-Way line of Lower Muscatine Road and the Northeastern comer of Johnson County Auditor' s Parcel number 10-23- 105-003; thence Southweste~y 157.9 feet to the Northern Right-of-Way line of U.S. Highway 6; thence Northweste~y 307.82 feet to the intersection of the Northern Right-of-Way line of U.S. Highway 6 and the Eastern Right-of-Way line of First Avenue; projecting across the First Avenue Right-of-Way along the Northern Right-of-Way line ofU. S. Highway 6 to the intersection of the Western Right-of-Way line of First Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence Weste~y along the Northern Right-of-Way line of U.S. Highway 6 a distance of 1123.13 feet to its intersection with the Eastern Right-of-Way line of Sycamore Street, projecting across the Sycamore Street Right-of-Way along the Northern Right-of-Way of U.S. Highway 6 to the intersection of the Western Right- of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, to the Point of Beginning. WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said proposed Urban Renewal Plan to be known hereafter as the "Sycamore and First Avenue Urban Renewal Plan"; and WHEREAS, the Iowa statutes require the City Council to submit the proposed Sycamore and First Avenue Urban Renewal Plan to the Planning and Zoning Commission for review and recommendation as to its conformity with the General Plan for development of the City as a whole, prior to City Council approval of such urban renewal project and an urban renewal plan therefor; and -5- WHEREAS, creation of the Sycamore and First Avenue Urban Renewal Plan Area and adoption of the Sycamore and First Avenue Urban Renewal Plan therefor has been approved by the Planning and Zoning Commission for the City as being in conformity with the general plan for development of the City as a whole, as evidenced by its written report filed herewith and incorporated herein by this reference; and WHEREAS, by resolution adopted on 3ul v 18 ,2000, this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Sycamore and First Avenue Urban Renewal Plan and the division of revenue described therein, and that notice of said consultation and a copy of the proposed Sycamore and First Avenue Urban Renewal Plan be sent to all affected taxing entities; and WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing entities, if any, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by this reference, which report is in all respects approved; and WHEREAS, by said resolution this Council also set a public hearing on the adoption of the proposed Sycamore and First Avenue Urban Renewal Plan for this meeting of the Council, and due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press Citizen, which notice set forth the time and place for this hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed Plan, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the findings and conclusions set forth or contained in the proposed "Sycamore and First Avenue Urban Renewal Plan" for the area of the City of Iowa City, Iowa legally described and depicted in the Plan and incorporated herein by reference (which area shall hereinafter be known as the "Sycamore and First Avenue Urban Renewal Plan Area"), be and the same are hereby adopted and approved as the findings of this Council for this area. -6- Section 2. TMs Council further finds: 1. A feasible method exists for the location of families who will be displaced f~om the Sycamore and First Avenue Urban Renewal Plan Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; 2. The Sycamore and First Avenue Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and 3. Under the provisions of the Sycamore and First Avenue Urban Renewal Plan no open land is to be acquired by the City within the Sycamore and First Avenue Urban Renewal Plan Area. Section 3. That the Sycamore and First Avenue Urban Renewal Plan Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligi61e for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 4. That the Sycamore and First Avenue Urban Renewal Plan, attached hereto as Exhibit A and incorporated herein by reference, be and the same is hereby approved and adopted as the "Sycamore and First Avenue Urban Renewal Plan for the Sycamore and First Avenue Urban Renewal Plan Area"; the Sycamore and First Avenue Urban Renewal Plan for such area is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of said Sycamore and First Avenue Urban Renewal Plan with the proceedings of this meeting. Section 5. That the Sycamore and First Avenue Urban Renewal Plan for the Sycamore and First Avenue Urban Renewal Plan Area shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Sycamore and First Avenue Urban Renewal Plan or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Sycamore and First Avenue Urbala Renewal Plan shall be forthwith certified by the City Clerk, along with a copy of this Resolut!0n, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 15th day of August ,2000. ayor ATTEST: Exhibit A Sycamore and First Ave'nue Urban Renewal Plan Table of Contents Section I - Introduction Section 2 - Urban Renewal Plan Objectives Section 3 - Description of Urban Renewal Area Section 4 - Proposed Urban Renewal Actions Section 5 - Land Use Section 6 - Relocation of Families Section 7 - Current Debt and Proposed Indebtedness Section 8 - Other Provisions Necessary to Meet State & Local Requirements Section 9 - Procedures for Changes in Approved Plan Addendum No. 1 - Legal Description Addendum Nc~. 2 - Sycamore and First Avenue Urban Renewal Project Area Map \\citynt~lschoon$\~les\prspct~ycamore first avenue plan~sycamore first avenue urp.doc 2 Introduction The Iowa City Comprehensive Plan - 1997 provides a vision for the economic well-being for the residents of Iowa City and outlines the goals the community must strive to achieve in order to attain its economic well-being vision. The goals outlined in the Comprehensive Plan are: · Diversify and increase the property tax base by (1) encouraging the retention and expansion of existing industry and (2) attracting industries that have growth potential and are compatible with existing businesses; · Increase employment opportunities consistent with the available labor force; · Provide and protect areas suitable for future industrial and commercial development; · Cooperate with local and regional organizations to promote economic development within Iowa City; · Improve the environmental and economic health of the community through the efficient use of resources; and · Consider financial incentives and programs to facilitate achieving the above goals. In recent years, vacancy rates have increased in certain commercial areas of the community due to the proliferation of new commercial areas in the Iowa City retail trade area. The Sycamore and First Avenue Urban Renewal Area (referred to hereafter in this Plan as the Urban Renewal Project Area) is one of those areas that has experienced a significant increase in its vacancy rate. The Iowa City Comprehensive Plan calls for encouraging commercial activity to take place in existing core areas or neighborhood commercial centers and to discourage the proliferation of new major commercial areas. To assist with ensuring that this existing commercial area remains competitive with newer commercial areas in the metropolitain area, the City intends to make available the use of tax increment financing as a means to help finance the construction of some of the necessary private and/or public infrastructure improvements within the Sycamore and First Avenue Urban Renewal Plan Area. In addition, the City will make available the use of tax increment financing to provide rebates for qualifying businesses or development projects within the Urban Renewal Project Area. To achieve the primary objectives of this Plan, the City of Iowa City shall undertake the urban renewal actions as specified in this Urban Renewal Plan, pursuant to the powers granted to it under Chapter 403 of the 1999 Code of Iowa, as amended. u:\~les\prspctLsycamore first avenue planLsycamore first avenue urp.doc 3 Urban Renewal Plan Objectives The overall goal of the Sycamore and First Avenue Urban Renewal Plan is to formulate and execute a workable program using .public and private resources to develop the Urban Renewal Project Area for retail, office, and other commercial .uses. The following objectives have been established for the proposed Urban Renewal Project Area: · To encourage the revitalization of commercial activity in the Urban Renewal Project Area, in particular the revitalization of retail, theaters, restaurants, and business and personal service establishments. · To expand the taxable values of property within the Urban Renewal Project Area. · To provide for the orderly physical and economic growth of the city. · To make public improvements as deemed necessary by the City to support commercial activity within the Urban Renewal Project Area. · To provide financial incentives and assistance to qualifying development projects and businesses. Description of Urban Renewal Area The legal description of this proposed Urban Renewal Project Area is included in the Plan as Addendum No. 1 - Legal Description. The location and general boundaries of the Sycamore and First Avenue Urban Renewal Plan Area are shown on Addendum No. 2 - Location Map: Sycamore and First Avenue Urban Renewal Project Area. This area is approximately 67 acres. Proposed Urban Renewal Actions Proposed urban renewal actions will consist of private site improvements, public infrastructure improvements, and financial incentives to encourage office, retail, and other commercial developments. Private Site Improvements Site improvements may include, but are not limited to, design and construction of buildings and building additions, grading for building construction and amenities; adequate paving and parking; adequate landscaping; and on-site utilities. Tax increment financing may be used by qualifying businesses to finance these private site improvements. Qualifying businesses must meet the requirements of the Financial Incentives section in order to use tax increment financing for private site improvements. Public Infrastructure Improvements Public infrastructure improvements may include, but are not limited to, stormwater management facilities, public streets and sidewalks, sanitary sewers, storm sewers, and open space improvements. Tax increment financing may be available to finance the construction of these improvements, in whole or in part, at the City Council's discretion. \\citynt\dschoon$\~les\prspct%sycamore first avenue plan%sycamore first avenue urp.doc 4 Financial Incentives At the City Council's discretion, tax increment financing may be available in the form of TIF rebates for those qualifying businesses and development projects allowed in the Community Commercial (CC-2) Zone. TIF rebates may be used for, but are not limited to, financing the private site improvements listed above. Qualifying businesses and development projects shall be determined by the City Council on a case by case basis. The Council's determination shall be based upon the financial assistance guidelines outlined in Addendure A of the "Economic Development Policies, Strategies, and Actions for the City of Iowa City" and on additional performance criteria the Council finds appropriate on a case by case basis. These performance criteria may include, but are not limited to, how a project revitalizes retail establishments, theaters, restaurants, and business and personal service establishments in the Urban Renewal Project Area, the extent of a project's physical improvements, timeliness of project's completion, and financial considerations of a project. Conformance with Land Use Policy and Zoning Ordinance Comprehensive Plan The Urban Renewal Project Area is located in the area designated by the Iowa City Comprehensive Plan as the Southeast Planning District. The Iowa City Comprehensive Plan designates the Urban Renewal Project Area as appropriate for General Commercial uses. Current Zoning The Project Area's present zoning designation of CC-2, Community Commercial Zone is consistent with this Urban Renewal Plan and with the Iowa City Comprehensive Plan. Current and Proposed Land Uses The current land uses consist of commercial and commercial residential uses - See Addendum No. 3. The proposed land uses include retail, office, and other commercial and residential uses permitted in the Community Commercial Zone. Relocation of Families Though the Sycamore and First Avenue Urban Renewal Plan does not anticipate the need to relocate families, in the event that such needs arise the City has considered provisions for the relocation of persons, including families, business concerns and others who could be displaced as a result of improvements to be made in the designated Urban Renewal Project Area. Upon such consideration, the following shall be provided under the Sycamore and First Avenue Urban Renewal Plan: Benefits Upon the City's verification of a property owner's eligibility for tax increment financing, qualified tenants in the designated Urban Renewal Project Area shall be compensated by the property \\citynt\dschoon$\~les\prspctLsycamore first avenue planLsycamore first avenue urp.doc 5 owner for one month's rent and for actual reasonable moving and related expenses, where said displacement was due to action on the part of the property owner to qualify for said tax increment finandng. Eligibility "Qualified tenant" means the legal displaced occupant of a residential dwelling unit which is located within the designated Urban Renewal Project Area where the person or family has occupied the same dwelling unit continuously for twelve months prior to the City making tax increment financing available to a project within the Urban Renewal Project Area. There are no relocation provisions made for displacement from commercial units. Actual Reasonable Moving and Related Expenses A qualified tenant of a dwelling is entitled to actual reasonable expenses for: a. Transportation of the displaced person and personal property from the displacement site to the replacement site. Transportation costs for a distance beyond twenty-five miles are not eligible. b. Packing, crating, unpacking and uncrating of personal property. c. Disconnecting, dismantling, removing, reassembling and reinstailing relocated household appliances and other personal property. d. Discontinuing, transferring or reconnecting utility services, including cable television. Least Costly Approach The amount of compensation for an eligible expense shall not exceed the least costly method of accomplishing the objective of the compensation without causing undue hardship to the displaced tenant and/or landlord. \\citynt\dschoon$\~les~prspct~sycamore first avenue plan~sycamore first avenue urp.doc 6 Current Debt and Proposed Indebtedness List of Current General Obligation Debt General Obligation Debt by Issue 6-30-99 Issue Oriqinal Final Principal Date Amount Interest Rates Maturity Outstandinq Notes 1989 2,960,000 5.9%-6.1% 6/00 300,000 (1) 1990 2,300,000 5.7%-6.2% 6/01 450,000 (2) 1991 2,340,000 5.4%-5.6% 6/02 675,000 (3) 1992 4,870,000 4.45%-5.50% 6/02 1,365,000 (4) 1992 3,450,000 4.75%-5.20% 6/07 2,135,000 (5) 1994 7,370,000 4.6%-4.7% 6/04 3,625,000 (6) 1995 8,500,000 4.8%-5.125% 6/07 5,660,000 (7) 1996 6,100,000 3.6%-5.5% 6/15 5,500,000 (8) 1996 295,000 4.2%-5.0% 6/01 130,000' 1997 5,200,000 4.5%-4.7% 6/07 4,150,000 1997 5,540,000 4.875%-5.0% 6/17 5,250,000 (9) 1998 8,500,000 4.35%-4.75% 6/13 7,925,000 1999 9,000,000 4.125%-4.75% 6/18 9,000,000 Total $46,165,000 (1) 41% abated by sewer revenues. (2) 14.95% abated by water revenues and 38.44% abated by sewer revenues (3) 9.40% abated by sewer revenues. (4) 8.68% abated by special assessment revenue. 10.73% abated by water revenue. 2.94% abated by airport revenue. (5) 100% abated by parking revenue. (6) 32.1% abated by sewer revenues and 20.5% abated by water revenues. (7) 23.88% abated by sewer revenues and 57.88% abated by water revenues. (8) 72.89% abated by water revenues. (9) 100% abated by water revenues. \\citynt\dschoon$\~les\prspctLsycamore first avenue plan~sycamore first avenue urp.doc 7 Current Constitutional Debt Limit of the City of Iowa City The Constitution of the State of Iowa, Article XI, Section 3, provides as follows: "Indebtedness of political' or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding five per centum on the value of taxable property within such county or corporation-to be ascertained by the last State and County tax lists, previous to the incurring of such indebtedness." Debt Limit Computation Total Assessed Actual Valuation $2,416,782,699 Legal Debt Limit of 5% of 1998 Assessed Actual Value $120,839,135 Debt Chargeable Against Limit $46,165,000 Legal Debt Limit Available $74,674, 135 Proi~osed Amount of Indebtedness: Through the actions of this urban renewal plan, the City of Iowa City proposes to potentially incur indebtedness for public infrastructure improvements, private site improvements, and financial incentives to qualifying businesses. Given the uncertainty of the needs of future business development projects within the Urban Renewal Area, the proposed amount of indebtedness is difficult to determine at this time. The proposed amount of indebtedness to be incurred under this Urban Renewal Plan, including loans, advances, indebtedness, or bonds which qualify, could equal approximately $3.5 million over the 20 year period of the Urban Renewal Plan. u:\files~prspct~sycamore first avenue plan~sycamore first avenue urp.doc 8 Other Provisions Necessary to Meet State and Local Requirements Chapter 403 of the 1999 Code of Iowa, as amended, authorizes cities to exercise urban renewal powers and certain other powers for the development of economic development areas. Certain provisions must be fulfilled to exercise these powers. These provisions and the method(s) by which the City of Iowa City proposes to fulfill these provisions (shown with an *) are detailed below. Provision: A Resolution of necessity finding .that a slum, blighted, and/or an economic development area exists in the community and that designation of this area as a proposed Urban Renewal Project Area is appropriate. * A Resolution of Necessity was adopted by the City Council on July 18, 2000. This Resolution of Necessity declares the area encompassed by this Urban Renewal Plan is appropriate for development in conformance with the City's zoning and comprehensive plan; however, due to certain circumstances, appropriate economic development of office, research, production and/or assembly park uses has not occurred on the vacant and under-utilized property which exists in the proposed Urban Renewal Project Area. Provision: A Resolution of Necessity which determines that the proposed Urban Renewal Project Area is in need of economic development because certain conditions exist which effectively hinder development. * A Resolution of Necessity designating the area as meeting the criteria detailed by Chapter 403, Code of Iowa (1999), was adopted by the City Council on July 18, 2000 Provision: A general plan for the development of the municipality has been adopted. * The City of Iowa City adopted the Iowa City Comprehensive Plan - 1997 on December 1997 Provision: The Planning and Zoning Commission has made and forwarded its recommendation(s) to the City Council as to the conformity of this Urban Renewal Plan with the Iowa City Comprehensive Plan - 1997 * The Planning and Zoning Commission recommendation was forwarded to the City Council on August 3, 2000 Provision A designated representative of the municipality shall hold a consultation with designated representatives of the affected taxing districts after notice is given by regular mail and prior to the public hearing on the plan. * The consultation with representatives from the affected taxing districts was held on July 24, 2000. The notice was mailed by regular mail on July 19, 2000. Provision Representatives of the affected taxing districts may make written \\citynt\dschoon$\files\prspct~sycamore first avenue plan~sycamore first avenue urp.doc 9 recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. The representative of the municipality shall, no later than seven days prior to the public hearing on the urban renewal plan, submit a written response to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. * Comments were not received from the affected taxing districts by July 31, 2000, which was seven days following the date of the consultation. On August 8, 2000, at least seven days prior to the public hearing on the * urban renewal plan, the representative of the municipality did not submit a written response on to the affected taxing entity addressing the affected taxing districts' recommendations to the proposed division of revenue. Provision: A public hearing on the Urban Renewal Plan is held after official publication of the public notice. * The public hearing on the Urban Renewal Plan document pursuant to state law was held on August 15, 2000. The public notice was published July 27, 2000, in the Press Citizen, a newspaper having a general circulation in Iowa City. Provision: Approval of the Urban Renewal Plan by the local public agency after finding that: (a) A feasible method exists for Eelocating families. (b) The Urban Renewal Plan conforms to the general plan known as the Iowa City Comprehensive Plan - 1997. * On August 15, 2000, the City Council of the City of Iowa City by resolution has found this Urban Renewal Plan to be in conformance with the Iowa City Comprehensive Plan - 1997, the adopted general plan for the municipality. Procedures for Changes in Approved Plan If the City of Iowa City desires to amend this Urban Renewal Plan, it may do so after providing public notice, holding a public hearing on the proposed change, and undedaking other required actions in conformance with applicable state and local laws. \\citynt\dschoon$\~les\prspcfisycamore first avenue plan~ycamore first avenue urp.doc 10 Addendum No. 1 - Legal Description of the ' Proposed Urban Renewal Project Area Consisting of a tract of land described as follows: Commencing at the Sou.theast corner of the Northeast quarter of Section 23, Township 79N, Range 6W, in accordance with the Records of the Johnson County Auditor's Office; thence West along the South line of the Northeast quarter of Section 23 to the Southwest corner of the Northeast quarter of Section 23; thence 66 feet to a point perpendicular on the Western Right-of- Way line of Sycamore Street, thence Northerly along said Right-of-Way line to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, which is the Point of Beginning. Thence Northerly along the Western Right-of-Way line of Sycamore Street to the Southeastern corner of Johnson County Auditor's Parcel 10-14-386-003, thence 66 feet to a point perpendicular on the Eastern Right-of-Way line of Sycamore Street; thence Northerly along the Eastern Right-of- Way line of Sycamore Street to the Northwestern corner of Johnson County Auditor's Parcel 10- 14-457-003; thence Easterly 147.61 feet to an angle point of said Parcel; thence Northeasterly 413.83 feet; thence Northerly 57.36 feet to the Southern Right-of-Way line of Lower Muscatine Road; thence Northwesterly along the Southern Right-of-Way line of Lower Muscatine Road to a point perpendicular 33 feet from the Western corner of Johnson County Auditor's Parcel 10-14- 452-004; thence Northeasterly 223.82 feet to the Northern corner of said parcel; thence Southeasterly 40 feet to the Eastern corner of said parcel; thence Northeasterly along the property line of Johnson County Auditor's Parcel 10-14-452-002 to its Northern corner; thence Southeasterly 150 feet along the property line of said parcel to its Eastern corner; thence Southwesterly 224.9 feet to the intersection of said parcel's Southern corner and the Northern Right-of-Way line of Lower Muscatine Road. Thence Southeasterly along the Northern Right-of-Way line of Lower Muscatine Road to the Northern Right-of-Way line of Mall Drive; thence Northeasterly 1533.09 feet along the Northern Right-of-Way line of Mall Drive to the Southern Right-of-Way line of the Iowa Interstate Railroad; thence Southeasterly along said Right-of-Way line to its intersection with the Eastern line of Section 14. Thence South along the Eastern line of Section 14 to the Northwest corner of Johnson County Auditor's Parcel 10-13-353-002; thence Easterly 176 feet to the Eastern property line of said parcel; thence Southwesterly along the Eastern property line of Parcel 10-13-353-002 to it's Southeast corner; thence Northwesterly to the Eastern line of Section 23; thence South along the Eastern line of Section 23 to the Southeast corner of the Johnson County Auditor's Parcel described as 10-23-103,001 through 029, then Southwesterly 988.76 feet to the Northern Right- of-Way line of Lower Muscatine Road, crossing said Right-of-Way line to the intersecting point of the Southern Right-of-Way line of Lower Muscatine Road and the Northeastern corner of Johnson County Auditor's Parcel number 10-23-105-003; thence Southwesterly 157.9 feet to the Northern Right-of-Way line of U.S. Highway 6; thence Northwesterly 307.82 feet to the intersection of the Northern Right-of-Way line of U.S. Highway 6 and the Eastern Right-of-Way line of First Avenue; projecting across the First Avenue Right-of-Way along the Northern Right-of-Way line of U.S. Highway 6 to the intersection of the Western Right-of-Way line of First Avenue and the Northern Right-of-Way line of U.S. Highway 6; thence Westerly along the Northern Right-of-Way line of U.S. Highway 6 a distance of 1123.13 feet to its intersection with the Eastern Right-of-Way line of Sycamore Street, projecting across the Sycamore Street Right-of-Way along the Northern Right- of-Way of U.S. Highway 6 to the intersection of the Western Right-of-Way line of Sycamore Street and the Northern Right-of-Way line of U.S. Highway 6, to the Point of Beginning. u:\~les\prspct\sycamore first avenue plan\sycamore first avenue urp.doc 11 Addendum2 CITY OF f6~A CITY -_//--~ . -- __)' I / \ i,I ACE CT ,-: ~',~ ' D Sycamore/First Avenue Urban Renewal Area Addendum3 CITY OF IO~A CITY JCE CT )'- .... ' Commercial/ Sycamore/First Avenue Urban Renewal Area EXISTING l_32qD USES Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145 RESOLUTION NO. 00-296 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 SHOEMAKER & HAALAND, PROFESSIONAL ENGINEERS OF CORALVILLE, IOWA, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE CAPTAIN IRISH PARKWAY IMPROVEMENTS. WHEREAS, the City of Iowa City desires to improve and expand the City's arterial street system as necessary to satisfy vehicular and pedestrian demand; and WHEREAS, the construction of the Captain Irish Parkway Improvements include continuation of Captain Irish Parkway to the intersection of Rochester Avenue and Scott Boulevard, generally following the alignment presented in the Northeast District Plan and construction of the water main from First Avenue to Captain Irish Parkway; and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design drawings and specifications for bidding and construction of the Captain Irish Parkway Improvements all of which shall be called the PROJECT; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Shoemaker & Haaland, Professional Engineers of Coralville, Iowa, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Shoemaker & Haaland, Professional Engineers of Coralville, Iowa. 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 Consultant's Agreement. Resolution No. 00-296 Page 2 Passed and approved this :15th day of August ,20 00 ayO~l ' ~ Approved by It was moved by 0' Donnel 1 and seconded by Vanderhoef 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 ~ Wilburn pweng~res~captnirish2.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this __ day of , :~000, by and k ~ of Coralville Towa hereina~er referred to as the CONSULTANT. WHEREAS. the CITY desires to obtain the services of a consulting firm in order to improve and expand the City's arterial street system as necessary to satisfy vehicular and pedestrian demand, and WHEREAS, the construction of the Captain Irish Parkway Improvements includes the extension of Captain Irish Parkway from its present northerly terminus southeasterly to the intersection of Rochester Avenue and Scott Boulevard, generally following the alignment presented in the Northeast District Plan, and WHEREAS, the CITY desires the services of a consulting firm to prepare preliminary and final design plans and project manual for biddin9 and construction of the Captain Irish Parkway Improvements, all of which shall be called the PROJECT, and Shoemaker & WHEREAS. the CITY has negotiated an Agreement with Haaland Professional Engineers of Coralville, Iowa tO provide said consulting services. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as follow:. 1. SCOPE OF SERVICES The work to be performed by the CONSULTANT under this Agreement will encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver final plats, plans and contract documents for the PROJECT which include: Grading, drainage, pond and paving work for Captain Irish Parkway from its present northerly terminus .southeastedy to the intersection of Rochester Avenue and Scott Boulevard, generally following the alignment presented in the Northeast District Plan. Extension of water mains from First Avenue to Captain Irish Parkway. Landscaping improvements to the Captain Irish Parkway corridor. 1.1. Preliminary Desicln and Plan Preparation. The work to be performed by the CONSULTANT under Subsection 1.1. Preliminary Design and Plan Preparation, will include the following: 1.1.1. Preliminary Survey and Mappinq Locate X, Y, Z data for ground control as required by Aerial Services, Inc. to prepare the photogrammetric base map for the PROJECT, hereinafter referred to as the "base map". CITY will contract for and compensate Aedal Services, Inc. directly for base map compilation. CONSULTANT will include ground control and other field survey work within the scope of services herein. Perform field surveys to supplement and/or "fill in" the base map as required, check the base map for accuracy and establish additional vertical and horizontal control points for future use. Supplemental survey data will be incorporated into the base map. Horizontal control to be based on Johnson County GPS control monuments (NGS NAD83). Vertical control to be based on NGVD 1929. Research property records to establish approximate locations of existing property lines, right-of-way lines and property ownership for the properties affected by the PROJECT and incorporate this data into the base map. Research underground utility locations with the various property owners and utility companies and plot their locations on the base map. Utilities to be researched include field tiles, sanitary sewer, storm sewer, electric, gas, water, telephone, cable television and fiber optic lines. 1.1.2. Preliminary Title and General Information Sheets Assemble the title sheet and general information sheet(s). The CITY will provide the sheet format. 1.1.3. Preliminary Typical Cross Sections Determine the typical cross sections to be used for the proposed improvements and the preliminary station ranges for each typical section. The following apply: .: Pavement will be 34 feet wide (back of curb to back of curb) in an 85 foot wide right-of-way. Grade for a 4 foot wide sidewalk on the north and an 8 foot wide sidewalk on the south. > Construct sidewalk on south side of the street only. '1.1.4. Preliminary Estimate of Quantities and Estimated Construction Cost Determine a list of the bid items to be included in the PROJECT along with an estimate of quantities and cost for each bid item. Update throughout design process. 1.1.5. Preliminary Plan and Profile Sheets Develop preliminary plan and profile sheets (1" = 20' horizontal and appropriate vertical scale) that will show the existing topography along the proposed roadway centerline. Proposed permanent and temporary easement limits will be shown. Include the necessary design work to show the preliminary features for the proposed improvements, as well as preliminary cross sections for the determination of earthwork quantities. The proposed improvements will include a 34 foot (back of curb to back of curb) pavement section in an 85 foot right-of-way. There will be an 8 foot sidewalk constructed on the south side of the street and provisions for a 4 foot sidewalk on the north. The horizontal alignment will generally follow the alignment presented in the Northeast District Plan with adjustments as necessary for good engineering design, Every effort will be made to work within the existing right--of-way on ACT property. 1.1.6. Reference Ties and Bench Marks Assemble reference ties to control points and bench marks used to produce the base map and develop the plans. Control points and bench marks will be established in locations where they can be preserved throughout construction of the PROJECT. Public Land Corners and private property comers that are found in the vicinity of the proposed construction will also be preserved. 1.1.7. Preliminary Construction Phasing and Traffic Control Develop an appropriate plan for construction phasing and traffic control measures to be implemented dudng construction. The plan will include provisions for temporary access to adjacent properties during construction, as necessary. 1.1.8. Preliminary Intersection and Geometric Desicln Develop a preliminary design for the geometric layouts consistent with the AASHTO Policy on Geometric Design of Highways and Streets, most current version. The scale of these plan sheets will be 1" = 20'. Evaluate the need for turn lanes at the Rochester Avenue intersection and the intersection of a future arterial street heading north over the interstate. 3 1.1.9. Preliminary Storm Draina<~e System Desiqn Complete an inventory of the existing hydrologic and hydraulic conditions and identify the impacts the PROJECT may have on area wide drainage patterns. Once the impacts have been identified and quantified, alternatives will be developed to support the PROJECT. Upstream watersheds will be evaluated for runoff in a post development condition assuming no on-site stormwater detention. The storm sewer system will be designed to accommodate upstream areas in the post development condition. The pond identified in the Northeast Distdct Plan (east of Captain Irish Parkway along Ralston Creek) will be designed and constructed as part of the PROJECT. The pdmary functions of the pond will be for aesthetics and sediment removal. 1.1.1 0. Preliminary Sanitary Sewer Crossinqs Develop a plan and profile for the potential extension of sanitary sewer crossing(s) necessary for the '~ development of the Northeast District. 1.1.11. Preliminary Water Main Develop a preliminary design for the extension of a 12 inch water main along Captain Irish Parkway. The water main along Captain Irish Parkway will not be constructed as part of the PROJECT. Sufficient design will be completed to reserve a corddor for future water main construction. The existing plans for extension of 12 inch and 24 inch water mains from First Avenue to Captain Irish Parkway will be adapted, incorporated and constructed as part of the PROJECT. 1.1.12. Preliminary Soils Desiqn Perform soil borings to appropriate depths below grade. This subsurface exploration will include Atterberg Limit tests. standard Proctor and CBR tests to determine physical index properties and aid in the evaluation of the soil's subgrade modulus. The soils report will contain a description of the PROJECT; a summary of the drilling, sampling, and testing procedures; logs of the boring and laboratory test results; and recommendations regarding back slope and/or longitudinal subdrains, pavement subgrade design parameters and thickness design for pavements. Include designs for Portland Cement and Asphalt pavements. The soils design will also include an evaluation of the suitability of the proposed pond site. 1.1.13. Preliminary Landscape Desiqn Develop a preliminary design for landscape elements. Include the locations, dimensions and elevations of tree and shrub planting areas. Include typical cross sections through applicable areas showing the proposed landscaping. 1.1.14. Preliminary Construction Details Develop a preliminary design for applicable construction details. 1.1.15. Preliminary Culvert Plans Assemble the type, size and location information for road culverts. All culverts will be shown on the plans at their proposed length and skew. Include the preliminary structural drawings for any proposed reinforced concrete box culverts. 1.1.16. Preliminary Detailed Cross Sections Develop a design for detailed cross sections that illustrate typical conditions, drainage designs and non- typical conditions as needed for guidance during design, review. easement determination and quantity and estimating purposes. "' 4 1.1.17. Preliminary Project Manual Develop a preliminary version of the project manual. CITY will provide current electronic "boiler plate" project manual files as a starting point. 1.1.18. Sensitive Area Ordinance Evaluate the PROJECT for compliance with the Sensitive Areas Ordinance. Prepare a summary of the findings. 1.1.19. Perrnittinq , Secure all permits on behalf of the CITY. Any fees for construction permits, licenses and other costs -: associated with permits and approvals will be the responsibility of the CITY. The CONSULTANT will provide technical cdteda, written descriptions and design data for filing permit applications. The CONSULTANT will also participate in consultations with permitting authorities. It is anticipated that the following permit(s) will be applied for. CORPS IDNR Permit for water main >. IDNR Permit for sanitary sewer An archaeological review of the PROJECT may be necessary 1.1.20. Meetinqs Attend the following meetings: One (1) Project Kickoff Meeting with City Staff. Four (4) Progress Meetings to assist in decision making and receive direction from City Staff. One (1) Field Examination that includes the preparation of materials, participation in the examination and review of results with City Staff. One (1) Public Information Meeting to present the project concept and receive feedback from the general citizenry. Included is the preparation of display materials, hand out information, participation in the meeting and review of results with City Staff. ~ One (1) City Council Meeting to present the project concept and receive feedback from the Council. Included is the preparation of display materials, hand out information, participation in the meeting and review of results with City Staff. 1.2. Real Estate Services The work to be performed by the CONSULTANT under Subsection 1.2. Real Estate Services, will include the following: 1.2.1. Preparation of Acquisition Plats and Legal Descriptions Perform property corner and lot surveys as needed and prepare acquisition plats and legal descriptions for right-of-way, permanent easement and temporary easement acquisitions. Said plats and legal descriptions will comply with requirements of the Iowa Code and be prepared by or under the direct supervision of a Licensed Land Surveyor under the laws of the State of Iowa. 1.3. Final Plans and Project Manual Based upon the results and feedback from Subsections 1.1. Preliminary Design and Plan Preparation and 1.2. Real Estate Services, the CONSULTANT will proceed with final design, construction plans and project manual (contract documents) and cost estimates for the award of two (2) construction contracts. One of the construction contracts will be for roadway and water main construction and the other construction contract will be for landscaping only. The contract documents will describe in detail the work to be performed, materials to be used and the construction methods to be followed. Final construction "' 5 plans will be original ink plots on mylar and will become the property of the CITY. The CONSULTANT will also submit to the CITY odginal project manual prints and electronic files of all contract documents. The work to be performed by the CONSULTANT under Subsection 1.3. Final Plans and Specifications, will include the following: 1.3.1. Final Title and General Information Sheets Finalize the title and general information sheets. The title sheet will include the project name, sheet index, vicinity and location maps and certifications and seals. The general information sheets will include general notes, utility contacts, property owner contacts, legend and bid item/quantity table. 1.3.2. Final Typical Cross Sections -: Finalize the typical cross sections to be used for the proposed improvements and the station ranges for each typical section. Verify suitability of transition between typical cross sections. 1.3,3. Final Quantities Finalize the bid items to be included in the PROJECT as well as the plan quantity tabulation. Finalize the associated measurement and payment section of the specifications. 1.3.4. Final Plan and Profile Sheets Finalize the plan and profile sheets including the detail information required for plan approvals, permitting and construction of the proposed improvements, Finalize installation of new utilities and adjustments to existing utilities as determined from coordination with the utility companies and property owners at the time of plan development. 1.3.5. Final Construction Phasinq and Traffic Control Finalize phasing sequence, temporary construction signing, traffic control plans, temporary and permanent pavement markings, permanent signing and associated plan set notes. 1.3.6. Final Intersection and Geometric Desiqn Finalize design of intersections and geometric layouts consistent with the AASHTO Policy on Geometric Design of Highways and Streets, most current version, pavement joinring details and critical spot elevations. 1.3.7. Final Storm Drainacle System DesiGn Finalize design of storm sewers, storm sewer inlets and manholes, open ditches, culvert structural details, pond and miscellaneous storm drainage facilities. 1.3.8. Final Sanitary Sewer Crossinas Finalize design for the potential extension of sanitary sewer crossing(s) necessary for the development of the Northeast District. Plans will include manhole and connection details, quantities, specifications and miscellaneous elements of the sewer installation. An evaluation of the potential benefits of immediate installation versus future installation will be provided. 1.3.9. Final Water Main Finalize issues related to reserving a corridor for the future extension of 12 inch water main along Captain Irish Parkway. Finalize integration of existing plans for extension of a 12 inch and 24 inch water main from First Avenue to Captain Irish Parkway. 1.3.10. Final Soils Desloin and Erosion Control Plan Finalize design of improvements based on results and recommendations of the soils report. Include final design of construction phase erosion control measures (including sediment basins and temporary ground cover), as well as post construction erosion control measures. 1.3.11. Final Landscape Desicln Finalize design of trees, shrubs and permanent ground cover. Include all contract documents required to award this work under a separate landscape construction contract. The roadway and water main construction contract will include finish grading, erosion control and ground cover. 1.3.12. Final Construction Details -; Finalize design of applicable construction details. Include special grading, pond, culverts, sewer, intake, manhole, water main and paving details not included as standard drawings. 1.3.13. Final Detailed Cross Sections Finalize design of individual cross sections at 50 foot maximum intervals with additional cross sections included as necessary to detail the proposed construction. Cross sections will show the existing ground elevations as well as the proposed grading. Include special fore slope and back slope information. special subgrade treatments, ditches, utility locations and other pertinent information. 1.3.14. Final Proiect Manual Finalize the project manual including Notice of Public Hearing, Advertisement for Bids, Note to Bidders, Form of Proposal, Bid Bond, Form of Agreement, Performance and Payment Bond, General Conditions, Supplementary Conditions and Detailed Construction Specifications. CITY will provide current electronic "boiler plate' project manual files as a starting point. 1.3.15. Final Estimate of Quantities and Estimated Construction Cost Finalize bid item quantities and cost at the time of completion of the final plans and project manual. It is critical to track and update estimated cost throughout project. 1.4. Lettinq Services The work to be performed by the CONSULTANT under section 1.4. Letting Services, will include the following: 1.4.1. Pdntina of Plans and Specifications Responsible for printing, handling and distribution of the contract documents. For budget purposes it is estimated that fifty (50) 24" x 36" plan sets and project manuals will be duplicated and assembled for distribution. Include distribution of the contract documents and maintenance of a Plan Holders List during the bidding phase. A non-refundable deposit may be charged to the contractors to recover a portion of the actual cost of printing the contract documents. Administrative and direct expenses will be a part of this Agreement, as will the cost to print and distribute contract documents, at no charge, to selected plan rooms, utility companies and the successful bidder upon award. 1.4.2. Notice of Project Prepare the formal Notice of Public Hearing and Advertisement for Bids. The CITY will pay publication costs. Prepare and distribute an informal Advance Notice to contractors, suppliers, utility companies and plan rooms concerning the upcoming PROJECT. Advance Notice will be distributed two weeks before the Pubtic Hearing. · " 7 1.4.3. Contract Questions and Addenda Be available to answer questions from plan holders pdor to the letting and issue addenda as appropriate to interpret, clarify and/or expand the contract documents 1,4.4. Lettinq, Bid Tab and Award Recommendation Be present when bids are opened. Tabulate the bids for the CITY, advise on the responsiveness of the bidders and assist the CITY in making the award of contract. After award is made, assist in assembling the contract documents for execution. 1.5. Additional Services Additional Services are not included in this Agreement. If authorized under a Supplemental Agreement, the CONSULTANT will furnish or obtain from others the following services: 1.5.1. Title Searches 1.5.2. Appraisals 1.5.3. Right-of-way negotiation/acquisition services 1.5.4. Flood plain permitting 1.5.5... Environmental impact statements 1.5.6. Construction administration 1.5.7. Construction observation and materials testing 1.5.8. Construction layout and staking 1.5.9. Wetland determination/mitigation 2. SCHEDULE 2.1. Time of Completion The CONSULTANT will complete the various phases of the PROJECT in accordance with the following schedule: > Preliminary Design and Plan Preparation June 2000 - October 2000 > Real Estate Services June 2000 - October 2000 > Final Plans and Project Manual November 2000 - February 2000 > Letting Services March 2000 -Apdl 2000 3. COMPENSATION FOR SERVICES 3.1. Method of Payment The CITY will compensate the CONSULTANT for services rendered under Section 1. SCOPE OF SERVICES as follows: Service Fee Range/Not to Exceed Preliminary Design and Plan Preparaljon $ 95,000 - $104,500 Real Estate Services $11,000 - 12,000 Final Plans and Project Manual $ 88,000 - 97,000 Leffing Services $ 5.250 - 6.000 TOTAL $199,250 - 219,500 Terracon $ 22,000 - $ 24,000 3.2. Payment Schedule The CONSULTANT will invoice the CITY monthly for services rendered. Payment will be made within thirty (30) days of CITY'S receipt of invoice. If CITY fails to make monthly payments. CONSULTANT may, after seven (7) days written notice, suspend services under this Agreement until CITY has paid due amount in full. The CONSULTANT will provide working drawings and other documentation deemed necessary to the CITY at meetings held periodically during the design phase to ensure that work has been performed in accordance with work invoiced. 4. GENERAL TERMS 4.1. The CONSULTANT will not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 4.1.1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, madtal status, gender identity, or sexual orientation. 4.1.2. To discriminate against any individual in terms, conditions. or privileges of employment because of their race, color, religion, sex, national origin, disability, age. madtal status, gender identity, or sexual orientation. 4.2. Should the CITY terminate this Agreement, the CONSULTANT will be paid for all services performed up to the time of termination. However, such sums will not be greater than the not to exceed amount listed in Subsection 3.1. The CITY may terminate this Agreement upon seven (7) days wdtten notice to the CONSULTANT. 4.3. This Agreement will be binding upon the successors and assigns of the parties hereto. provided that no assignment will be without the written consent of all Parties to said Agreement 4.4. It is understood and agreed that retention of the CONSULTANT by the CITY for the purposes of the PROJECT will be as an independent contractor and will be exclusive, but the CONSULTANT will have the dght to employ such assistance as may be required for the performance of the PROJECT. 4.5. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the PROJECT will be available from said CITY upon reasonable request The CITY agrees to fumish all reasonable assistance in the use of these records and files. 4.6. !t is further agreed that no Party to this Agreement will perform contrary to any state, federal, or local law, or any of the ordinances of the City of Iowa City, Iowa. 4.7. The CONSULTANT agrees to fumish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes, sketches, charts, computations and any other data prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitations as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT will not be liable for the CITY'S use of such documents on other projects. 4.8. The CONSULTANT agrees to furnish all reports, specifications and drawings with the certification and seal of a professional engineer or land surveyor, as applicable, as required by Iowa law. 4.9. Should any section of this Agreement be found invalid, it is agreed that the remaining portion will be deemed severable from the invalid portion and continue in full force and effect. 4.10. Original contract drawings shall become the property of the CITY. The CONSULTANT will be allowed to keep copies for the CONSULTANT'S own filing use. 4.11. Upon execution of this Agreement, CONSULTANT acknowledges 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. 4.12. The CONSULTANT agrees at all times matedal to this Agreement to have and maintain professio.nal liability insurance covering the CONSULTANTS liability for negligent acts, errors and omissions to the CITY in the sum of $1,000,000. 4.13. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. .: 4.14. 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: E~ ~ Title: Mayor Title:S3ev . ~u _ ~D, 2.s Date: August 15, 2000 Date: ~}4~ Approved by: City Attorney's Office Date Prepared by: Sarah E. Holecek, First Asst. City Attomey, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-297 RESOLUTION APPROVING THE AMENDED FINAL PLAT OF COUNTRY CLUB ESTATES,. FIRST ADDITION, IOWA CITY, IOWA. WHEREAS, on June 29, 1999, the Iowa City City Council passed a Resolution approving the final plat of Country Club Estates, First Addition, Iowa City, Iowa; and WHEREAS, a number of measurement errors have been identified within said approved and recorded final subdivision plat; and WHEREAS, the owner, S&J Development has submitted an amended final plat which corrects the measurement errors contained in the originally approved and recorded final plat; and WHEREAS, said amended, corrective final plat has been reviewed by Public Works to confirm that said amended plat corrects the errors found in the original, recorded final plat; and WHEREAS, pursuant to Iowa Code Chapter 354 and for purposes of recordation and clarification of title, the amended, corrective final plat requires City Council approval and recordation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said amended final plat known as Country Club Estates, First Addition, Iowa City, Iowa, is hereby approved for the purposes of correcting measurement and scrivener's errors contained in the original, recorded final plat. 2. All legal documents relating to said subdivision shall remain in full force and effect, and the recordation of this amended plat for the purposes of correction and title clarification shall not affect any prior actions by the City with respect to said development. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to execute this Resolution, and the City shall certify a copy of this resolution, which shall be affixed to the amended, corrective final plat after passage and approval by law. The City Clerk shall record said amended final plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 15th day ofs ,~~00.~ CORPORATE SEAL ' ' City ~tt rn~.?~ ATTEST'C 000599 Resolution No, 00-297 Page 2 ' ' ' It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum 000600 J 08-15-00 12 Prepared by: Kumi Morris, Architectural Services Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 00-298 RESOLUTION APPROVING THE DESIGN OF EXTERIOR SIGNAGE AT 13 SOUTH LINN STREET. WHEREAS, the applicant, Sign Productions, Inc. has filed an application for design review approval of the exterior signage at 13 S. Linn Street, Iowa City, Iowa, hereinafter "Project"; and WHEREAS, given that the project consists of exterior alterations occurring on a parcel that was part of the urban renewal project known as Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of City Code requires the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Department of Public Works, has been reviewed by the Design Review Committee, and after due deliberation the Committee has recommended the design of the project be accepted and approved; and WHEREAS, the design of the project is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the pennant-style aluminum tube frame signage at 13 S. Linn Street, Iowa City, Iowa, be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution. 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 15 th day of A~/~/ a2~ ,,~.v/re,~ 3,1i ~ I~/T~ L E R K Resolution No. 00-298 Page 2 It was moved by 0'Donne'l '1 and seconded by Charnp~on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn 5'-0" ' 12'-0" maximum off grade 1" aluminum tube frame sign to simulate pennant-style flag. Sign will be permanently attached to flag post. ~ Non-illuminated. ? ~( )~ 1' co,ors: / Red (7725-53) Y ;'~' Blue (7725-37) ~ i white 7725-10) i~ '""" 4'-0" (, 4'-0" Long x 1 · Diam Aluminum Flag Pole unted to Wall with Zinc Plated PO~e Mount ' "-- 4'-10" ~ -,- 8'-0' minimum off grade ~ ~ Z'3 1/2" Letter Height T 7 3'-0' f-s" ~- ~-~ ~-- side view of double side aluminum tu~ frame ~-~ ~ total square feet: 6' m~imum ~ ~-'~' ~ ~ Iowe C~ Yecfit C~ub ~ ~'~' ~ ~ Lo~f~a f4 S Unn Sf ~A~ SCoff FILE NAME: icyc3Q B~U~ ~ D~IGN: t~ [ SIGN ...., ,.,,....,,., cG~ ~D ~ ~ m~ ~ ~f ~fCH ~ ~ CH~P, ~ ~ PNNf C~ S~. ] 723 SecOnd Street ITISfOE~AC~E~A~LY. ~B~B~fD~~ ~ ~ ~ CorolVille, Iowa 5224] SAMSON ~ Will,~ S~LE]"=}'-0' 3~ g-337-3530 osm~ ~CO~ 2~ BYgGN ~ONS, I~. OUC Fax 3] g-3358-2403 iF NOT E~NED ~mlN ~ DA~ F~ DAm, i~fEl~fl~L Sl6H All~al~ AUmOAI~D ~ ~E~ ~ ~ TO C~ ~ THE ~ ~ME I~O ~ tTS ~L~T. DATE