Loading...
HomeMy WebLinkAbout2000-08-29 Resolution Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-299 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FIRST AVENUE WATER MAIN PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City. Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 19th 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 19 day of September, 2000, or if said'meeting is ca'ncelled, at 'the n;~;xt meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 29th day of August ,20 O0 ATTEST: 9') -1 (,-~- ,~ ~' :~' ":~4,,{,/' "' "' CI~LERK ~engVes~ls~ain.d~ 8100 Resolution No. 00-299 Page 2 It was moved by Vander'hoef and seconded by 0'Donnel'l the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-300 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH AIRPORT DEVELOPMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 19th 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 19 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. of ust 20 O0 Passed and approved this 29th day ~~. ,~~./.~~.~.,,~__ pwengVes~a irport. doc 8/00 Resolution No. 00-300 Page 2 It was moved by O'Donne] ] and seconded by Champ'ion 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 Prepared by: Rob Winstead, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 00-301 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE 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 proiect was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 19th 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 19th 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 29th day of August ,20 00 pweng/resAvashtransit.doc Resolution No. 00-301 Page 2 It was moved by Champion and seconded by O' Donne] ] the Resolution be adopted, and upon roll call here were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum · I 08-29-00 6 Prepared by: Kim Johnson, PW, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 00-302 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND MIKE AND MARTY ENTERPRISES FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Mike and Marty Enterprises dba Quinton's Bar &Deli applied for temporary use of the public right-of-way at 21 5 E. Washington Street for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and anchored fencing and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"); WHEREAS, the license agreement by this resolution will replace the previous agreement approved under Resolution No. 00-215. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. Resolution No. 00-21 5 is hereby rescinded. 2. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. 3. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 29th day of I~,st.~~. ~O0~__y~ Y ATTEST: ,~' :,2:-/-z,,'z ~-) '~. ~2.-{-L--) , ~- P-l- 19~2 CIT~LERK C~ty Attorney's Office clerkVes\quintons.doc Resolution No. 00-302 Page 2 It was moved by Champion 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 LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT IOWA CITY, IOWA municipal ~rporation. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, Applicant has requested to construct anchored fencing around the sidewalk caf~- area; and WHEREAS, City staff have examined the Applicant's request for a sidewalk caf~ and anchored fencing around the sidewalk caf~ area; and WHEREAS, City staff have examined the Applicant's request for a sidewalk caf~ and anchored fencing, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the staff design review committee, which recommended approval of the proposed sidewalk cafe, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this .: Agreement, said use is in the public interest. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as :; follows: 1. Landowner '~" ~;)/, owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: has given Applicant/Tenant permission to operate a sidewalk care and construct anchored fencing around the sidewalk caf~ area as herein provided. ~nt") occupies said real estate abusing the public right-ofiway Ionted at said street address, and wishes to use a potion of said right-oFway for loftion and operation of a sidewalk ~f~ and anchored fencing around the sidewalk ~f~ area, as permitted by City regulations. 3. The City staff design review ~mmi~ee and Public Works have reviewed Appli~nt's proposed use of a potion o[ the tighter-way as set out in the design diagram, attached hereto as Exhibit A and in~rporated by referen~ herein, and find Appli~nt's proposed use to be ~mpatible with the publics use thereof and that said use ~11 not adversely affect the Ci~'s interests. 4. Based on these reviews, the Ci~ now ~nds Appli~nt's proposed use of public right-of-way to be in the public interest, and that it is appropriate to permit Appli~nt's tempora~ use of the public right-of-way as a sidewalk ~f~, and for the placement of anchored fencing in accordance with this Agreement, including Exhibit A, and also in ~nformance with all appli~ble Io~1 regulations con~rning sidewalk ~fes. 5. Ci~ and Appli~nt agree this Agreement shall be binding upon the successors and assigns of the Padies hereto, provided that no assignment shall be made without the written ~nsent o~ both Pa~ies to be a~ached hereto as a formal wri~en Addendum. 6. Appli~nt acknowledges and agrees that this agreement is limited exclusively to the loftion, use and purposes listed herein for a sidewalk ~f~ and anchored fencing, that any other uses, loftions and purposes are not contemplated herein, and that any expansion of said uses, purposes, loftions or material changes must be specifi~lly agreed to in writing by the Ci~ of Iowa Ci~. 7. Appli~nt furlher acknowledges and agrees that no prope~y right is conferred by this agreement for the use of podions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-waY for private purposes, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, and that/he Applicant shall not be entitled to any compensation should the City elect to do so. 8. Applicant also agrees to indemnity, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, of whatever nature, including payment of reasonable attorney fees, which may adse from the Applicant's use of the public right-of-way, or which may be caused in whole or in part by any act or omission of the Applicant including their agents or employees. Applicant further agrees to provide the City with a cedi~cate of insurance coverage for the sidewalk care in accordance with the City's schedule of Class II insurance coverage. 9. Applicant furlher agrees to abide by all applicable federal, state, and local laws, and to construct and maintain said sidewalk care and fence in accordance with the approved design diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk care is not operating. 10. Construction of the fencing shall be under the direction and subject to the approval of the City Engineer. Said direction shall consist of inspection of work in progress. Said direction and approval shall not relieve or release the undersigned of its responsibility to construct the fence in accordance with all applicable laws and the approved design. 11. In the event of a breach of this agreement, the Ci~ may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture, fence and/or other objects from the City's right-of-way. In the event Applicant does not comply within the time period designated in the wdtten notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal and temporary storage to the Applicant and/or landowner. Upon nonpayment of said charges, the removal costs may be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Code of Iowa (1999). 12. In the event fencing is removed from the area, for any reason, the right-of-way area and sidewalk must be restored to its original condition by the applicant and/or landowner. The 4 applicant and landowner shall be responsible for any damages to the sidewalk caused by the placement of the anchored fencing. A deposit of .$200.00 shall be required prior to the placement of the anchored fencing and shall be returned when the sidewalk is restored to its prior condition. If landowner/applicant fails to restore the sidewalk to its prior condition, the City may do so and apply the deposit to the cost thereof. 13. In consideration for the City's concerns for public safety on the public dght-oFway, Applicant specifically acknowledges said safety concems and agrees to refrain from any and all special sales of alcoholic beverages in the sidewalk care area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 14. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza or abutting right--of~way as a result of set-up or removal of the sidewalk care furnishings or equipment and as noted in Exhibit A. 15. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. Dated this day of 29, August ,2¢0. City Attorney's Office APPLICANT/~NDOWN R PL~~T/~~ By : : By 8y APPLICANT/TENANTS ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of ,20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/TENANT'S ACKNOWLEDGEMEt~_%_~ STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 2-,. day of //¢)C/,4utJ,7L , A.D. 20_/~2O,before me, the undersigned, a Notary Public in and for the ~ate of Iowa, personally appe~e~l _"~: m,,m :3'."'~,.3 and , to me personally known, who, being by'~e duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~Public in and for the State of Iow~ GLENNA STUTZMAN 177163 My Commission Expires December 2, 2000 6 APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,20__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) bToof FFU r.o-c,d T" . A.O..t Pu in and foj the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the ~~ and , respectively, of said ~rporation executing the within and foregoing instrument to which this is a~ached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said ~oration by authority of its Board of Directors; and that the said and as such officers acknowledged the execution o~ said instrument to be the volunta~ act and deed of said corporation, by it and by them voluntarily executed. NICOLE BURNS MyCommition Expires d ~ ~ ~ ~ May 25, 2003 No in and for the State of Iowa CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUN~ ) On this ~k . day of ~U~U~T , 20~, before me, ~,~ , a NotaW Public in and ~or the State of Iowa, personally appeared Ernest W. Lehman, Mayor and Marjan K. Karr, to me pemonally known, and, who, being by me duly sworn, did say that they am the Mayor and Ci~ Cle~, respectively, of the City of Iowa Ci~, Iowa; that the seal affixed to the foregoing instrument. is the ~rpomte seal of the ~rpomtion, and that the instrument was signed and sealed on behalf of the corporation, by authod~ of its Ci~ Council, as contained in Resolution No. ~o - ~o 2 passed by the City Courtall on the P~2 ~& day of Auc-c~ ,20~, and that Ernest W. Lehman and Madan K. Karr acknowledged the execution of the instrument to be their volunta~ act and deed and the volunta~ act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa E pweng~¢~sidewlk~f.doc Revised 6/00 WASHINGTON STREET . AVPROFE~j~,SIONALL y INSTALLED. ~ FENC DESIGN SHALL BE JERITH MAN CTURINC COMP~Y ~ BOLTS ' CONCRETE ANC:~OR SYSTEM ~ : SRM38 - . FOR ~CH ANCHOR SHALL BE FENCE ELEVATION ,/~ ~/~ NTS POST, 4'-0" ~TER~TE: USE REDHEAD EX STINC P ~ ACR~IC EPOXY ANCHOR SYSTEM. OEXISTINCLI~ER RECEP~ZACLE I 1/2~3/8" OlA. 5" SQUARE P~TE ANCHORS ' 5' GATE (SWINGS IN) g, ANCHOR POST ;~. ~' ~ ~ POST CROSS SECTION s ~ , SCALE: ~ "= ~' ' NE~ FENCE ~ O O QUINTON'S 2 15 E. WASHINGTON ST. TOP VIEW OF POST I hereby cerlily thai this engineering document was prepared e~ ~e related engineeri~g work was performed by o duly I~c~ns~ P s ion ng ~t under the lows of lhe t le of ow. ~ :' Licensed '-,~ ~ e~ 9675 PLAN VIEW Y L. VAN WINKLE, P.E. ~0: Rondy L. E~e 5~LE: I/8"= I' ~yan Winkl~-'~ ; e O0 SEP 26 PH h: 23 RESOLUTION NO. 00-303 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE ClW CLERK TO ATTEST A CHAPTER 28E AGREEMENT BE~EEN THE ClW OF CO~LVILLEE AND THE Cl~ OF IOWA ClW REGARDING RECONSTRUCTION OF FIRST AVENUE FROM THE CLEAR CREEK BRIDGE TO IMMEDIATELY SOUTH OF THE IOWA INTERSTATE ~ILROAD VIADUCT. WHER~S, fOF pUFpOSeS Of tFa~C capacity and pedestrian and vehiculaF safety, the Iowa Depa~ment of TFanspo~ation, the UniveFsity of Iowa, CoFalville, and Iowa City desiFe to jointly FeCOnStFUCt Fimt Avenue from immediately south of the CleaF Creek BFidge in CoFalviile, thFough its inteFsection with U.S. Highway 6 in CoFalvi[le, to an aFea appFoximately 150 feet south of the Iowa InteFstate Railroad viaduct in Iowa City, including mconstFuction and widening of said viaduct; and WHER~S, said project has been designated the "U.S. Highway 6/First Avenue Intersection Improvements Projed - Phases 1 & 2"; and WHER~S, each of the above four governmental bodies has jurisdiction over a potion or potions of right-of-way and/or abusing prope~y to be improved as pa~ of the project; and WHER~S, because a majority of the project involves right-of-way and prope~y located within the corporate limits of Coralville, Coralville has been designated the lead agency responsible for the adual construction of the project; and WHER~S, Iowa City desires to establish, by agreement, its contribution to said project. NOW, THEREFORE, BE IT RESOLVED BY THE CI~ COUNCIL OF THE CI~ OF IOWA CI~, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to a~est the 28E agreement a~ached hereto be~een the Ci~ of Coralville and the City of Iowa City regarding mconstrudion of First Avenue from the Clear Creek Bridge to immediately south of the Iowa Intemtate Railroad viaduct. 2. In accordance with said agreement, the City Clerk is hereby authorized to fo~ard the executed agreement to the City Clerk of the City of Coralville for filing with the Secreta~ of State and recording in the O~ce of the Johnson County Recorder as required by state law. Passed and approved this 29th day of u us ,~~ CORPORATE SEAL MAYOR 000080 Resolution No. 00-303 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 X Pfab × Vanderhoef X Wilburn e!eano~lres/firstave.doc 000081 CHAPTER 28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY REGARDING RECONSTRUCTION OF FIRST AVENUE FROM THE CLEAR CREEK BRIDGE TO IMMEDIATELY SOUTH OF THE IOWA INTERSTATE RAILROAD VIADUCT. THIS AGREEMENT, made by and between the City of Coralville, Iowa, a municipal corporation, hereinafter referred to as "Coralville," and the City of Iowa City, a municipai corporation, hereinafter referred to as "Iowa City." WHEREAS, for purposes of traffic capacity and pedestrian and vehicular safety, the Iowa Department of Transportation, the University of Iowa, Coralville and Iowa City desire to jointly reconstruct First Avenue from immediately south of the Clear Creek Bridge in Coralville, through its intersection with U.S. Highway 6 in Coralville, to an area approximately 150 feet south of the Iowa Interstate Railroad Viaduct in Iowa City, including reconstruction and widening of said viaduct, hereinafter referred to as "Project"; and WHEREAS, the Project has been designated the "U.S. Highway 6/1 st Avenue Intersection Improvements Project - Phases 1 & 2"; and WHEREAS, that portion of the Project consisting of reconstruction of the Iowa Interstate Railroad Viaduct and the approximately 150 feet of street right-of-way located immediately south of the Viaduct constitutes the first phase of the Project, hereinafter referred to as "Phase 1"; and WHEREAS, that portion of the Project consisting of reconstruction of First Avenue from immediately south of the Clear Creek Bridge in Coralville, through its intersection with U.S. Highway 6 in Coralville to immediately north of the Iowa Interstate Railroad Viaduct constitutes the second phase of the Project, hereinafter referred to as "Phase 2"; and WHEREAS, each of the above four governmental bodies has jurisdiction over a portion or portions of right-of-way and/or abutting property to be improved as part of the Project; and: WHEREAS, since the majority of the Project involves right-of-way and property located within the corporate limits of Coralville, Coralville has been designated the lead agency responsible for the actual construction of the Project; and WHEREAS, accordingly, Coralville, as lead agency, has entered into separate agreements, outlining the duties and responsibilities of each jurisdiction, with the Iowa Department of Transportation and the University of Iowa; and 000082 1 WHEREAS, pursuant to Chapter 28E of the Code of Iowa (1999), the City of Iowa City, and Coralville also desire to enter into an agreement to outline their respective duties and responsibilities in connection with the Project. NOW, THERFORE, IT IS AGREED AS FOLLOWS: 1. PURPOSE. The purpose of this agreement is to set forth the duties and responsibilities of each municipality in connection with construction of the Project. 2. CONSIDERATION. It is hereby expressly acknowledged by both parties that construction of and payment for the Project in accordance with the terms and conditions set forth herein constitutes mutual and sufficient consideration to enter into this Agreement. 3. SEPARATION. Further, it is noted that no separate legal entity is created by this Agreement and the City Council of each city will administer each city's duties hereunder. 4. DUTIES AND RESPONSIBILITIES OF THE PARTIES. A. Iowa City shall pay to Coralville the sum of $408,924.00 as its contribution to the cost of construction of the Project. Iowa City' s contribution shall be in said total amount without regard to the actual cost of the Project. This total amount shall be allocated to construction of Phases 1 & 2 of the Project as follows: (i) $166,000 for Phase 1; and (ii) $242,924 for Phase 2. B. Iowa City shall make payment to Coralville for construction of the Project in accordance with the following schedule: (i) $83,000 shall be paid within thirty (30) days of written ~ notice from Coralville of partial completion of at least 50% of Phase 1; (ii) $83,000 shall be paid within thirty (30) days of written notice from Coralville of completion of Phase 1, said written notice to be preceded by the Project engineer's recommendation of acceptance of Phase 1 of the Project as substantially completed. (iii) $121,462 shall be paid within thirty (30) days of written notice from Coralville of partial completion of at least 50% of Phase 2; (iv) $121,462 shall be paid within thirty (30) days of written notice from Coralville of completion of Phase 2, said 000083 2 written notice to be preceded by the Project engineer's recommendation of acceptance of Phase 2 of the Project as substantially completed. B. As between the parties hereto, it shall be the sole responsibility of Coralville to design and construct the Project in accordance with the plans and specifications accepted and approved by Iowa City, the University of Iowa and the Iowa Department of Transportation. C. Upon completion of the Project, Iowa City shall take the necessary steps to de-annex to the East fight-of-way boundary of First Avenue and the South right-of-way boundary of Highway 6 where they abut the Coralville City limits at the completion of the Project and Coralville shall take the necessary steps to annex the same. D. This Agreement shall be null and void if the Project is not substantially complete by December 3 1st, 2005. 5. DESIGNATIONS. Iowa City acknowledges that the designation of the two portions of the Project as "Phase 1" and "Phase 2" does not establish the order of construction of the two Phases of the Project. Iowa City further acknowledges that construction of Phase 2 of the Project is currently contemplated to occur before construction of Phase 1 and that, accordingly, Iowa City's Phase 2 payments will be made before its payments for Phase 1. 6. FILING. The City Clerk of the City of Coralville shall file this agreement with the Secretary of State and record this agreement in the Office of the Johnson County Recorder as required by §28E.8 of the Code of Iowa (1999). Dated this i2,. dayof ~e.,pfe.,r~)e-.}/' ,2000. CITY OF CORALVILLE: CITY OF IOWA CITY: Ernie Lehman, Mayor ATTEST: ATTEST: CORPORATE SEAL CORPORATE SEAL Arlys H~r~, City Clerk Manan Karr, City Clerk 3 000084 STATE OF IOWA, JOHNSON COUNTY, ss: On this £ 2 day of _,~,,~_,-d,---4~ ,2000, before me, the undersigned, a Notary Public in~d for the State of Iowa, personally appeared ' Lo2 ~Fausett ~ lys Hannam, to me personally known, who, being by me duly swom,J~d~d say ~i'ath~e~}~e Mayo ,~a~.d Ci Clerk, respectively, of the City of Coralville, Iowa; a municipal corporation; that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as passed by Resolution of the City Council; and Jim L. Fausett and Arlys Hannam acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~~~-~ "" NOTARIAL SEAL "" State of Iowa My commission expires: ~-//'_-~,~ STATE OF IOWA, JOHNSON COUNTY, ss: On this ,~ q 4,t day of 4Xc~ c~o s~-- ,2000, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernie Lehman and Marian Carr, to me personally known, who, being by me duly swom, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as passed by Resolution of the City Council; and Emie Lehman and Marian Carr 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. A Notary Public in and for the State of Iowa My commission expires: 3- '7-- &5 ,, :. NOTARIAL SEAL 000085 4 CHESTER J. CULVER ~.~~ HOOVER BUILDING, 2ND FLOOR IOWA SECRETARY OF STATE DES MOINES, IOWA 50319 September 26, 2000 ARLYS M. HANNAM, CMC/AAE CITY OF CORALVILLE PO BOX 5127 CORALVILLE, IA 52241-0127 RE: Filing of 28E Agreement between the CITY OF CORA!..VILLE and the CITY OF IOWA CITY Dear MS HANNAM, CMC/AAE We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of September 26, 2000. Sincerely, Chester J Culver Secretary of State CJC/pm Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos(~sos.state.ia.us