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Home My WebLink About2000-12-19 Resolution RESOLUTION NO. 00-405 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: Gabe's - 330 E. Washington Street It was moved by Champion and seconded by 0' Donnel 1 that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O' Donnell X Pfab X Vanderhoef X Wilburn A vp~ ~ ATTEST: ' >7~)' '-9~,c/v) )/t2, /"-~" CID ~I~E~K City Attorney's Office clerk\res\danceprm.doc RESOLUTION NO. 00-406 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Pearson's D~'ug Store at 202 N. Linn Street in Iowa City, 9 refund on the unused potion, now thereof, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 0~-39 , issued to Pearson ' s D~uq 5~o~e be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of ~ 75.00 , payable to Pea~son's D~ug S~o~e as a refund on cigarette permit No. 0~-39 Passed and approved this ~9~h day of Decembe~ ,20 00 ~~~ City Attorney's Office It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O' Donnell X Pfab × Vanderhoef X Wilburn clerkVes\cigrefnd.doc Prepared by: Joe Fowler, Parking & Transit, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO.' 00-407 RESOLUTION SETrING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A SKYWALK BETWEEN THE TOWER PLACE PARKING FACILITY AND THE IOWA CITY/JOHNSON COUNTY SENIOR CENTER, 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 9th day of January, 2001, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named 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 1-9th day of Dec ~:~/,.,~, '~Z//~- ATTEST: 2)~_,,~.,2/~ ~. ~--2,,{X / ''% ' ) ~' ' D L) CIT LERK City Attorney's Office It was moved by Champion and seconded by 0'Donne] 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 Wilburn transit/res/toweq}lskywalk.doc Prepared by Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 00-408 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND STORM SEWER PUBLIC IMPROVEMENTS FOR LOTS '1 & 2 OF BARKER'S 2"D SUBDIVISION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR 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 and storm sewer improvements for Lots 1 & 2 of Barker's 2nd Subdivision, as constructed by C & L Development LCC of Iowa City, Iowa. WHEREAS, irrevocable standby letters of credit instead of maintenance bonds have been filed in the City Clerk's office. 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 the public improvements hereby formally accepted and declared open for use. Passed and approved this 19th day of De, p~ber ,2000. C:~AyOR It was moved by Champ'ion and seconded by 0'Donne] 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 × Wilburn pweng/resT"oarkers.doc ENGINEER'S REPORT December 11, 2000 Honorable Mayor and City Council Iowa City, Iowa Re: Lots 1 & 2 of Barker's 2nd Subdivision Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and storm sewer improvements for Lots 1 & 2 of Barker's 2nd Subdivision have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. Irrevocable standby letters of credit, instead of maintenance bonds, are on file in the City Clerk's Office for the sanitary sewer and storm sewer improvements constructed by C & L Development LCC. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Richard Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 Prepared by: Marjan Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5041 RESOLUTION NO. 00-409 RESOLUTION ESTABLISHING POLICY FOR MICROFILMING AND ELECTRONIC IMAGING; AND DESTRUCTION OF RECORDS AND DOCUMENTS IN THE CITY CLERK'S OFFICE. WHEREAS, Chapter 372.13(5) of the Code of Iowa expressly authorizes retention of documents, or accurate reproductions; and WHEREAS, subsequent chapters of the Iowa Code, expressly mention micro filming; and WHEREAS, microfilming and electronic imaging of records greatly reduces storage requirements and reproductions satisfy statutory retention requirements; and WHEREAS, Resolution No. 88-22 established a policy for micro filming of documents in the City Clerk' s office; and WHEREAS, the Council wishes to formally establish a policy for electronic imaging in the City Clerk's office and amend the existing procedure for microfilming and destruction of records and documents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1) That Resolution No. 88-22 is hereby repealed. 2) That records and documents in the City Clerk's office be microfilmed, electronically imaged and destroyed in accordance to the schedule attached. Passed and approved this 19th day of December ,20 00 proved B / CIT~LERK IZ Resolution No. 00-409 Page 2 It was moved by Champion and seconded by 0' Donnel 1 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 ITEM MICROFILMED/ DESTROYED ELECTRONICALLY IMAGED Present Proposed Ordinances End of each calendar year. (*) Destroy after Same random check. Resolutions End of each calendar year. (*) Destroy after Same random check. Proof of Publications End of each calendar year. Destroy after Same random check. Projects After final Council action of Hard copy documents Destroy after acceptance of work. (*) held by micro film random check company, or returned to City. Random checked. Meeting Folders/ Weekly. Microfilmed, random 3 months (*) Info Packets checked &held. after meeting. (Council Proceedings) (*) Depending on retum time of documents requiring outside signatures. 12-19-00 Prepared by: Maria. Karr, CityClerk, 410 E. Washington St., Iowa City, IA 52240, (319) 356-5041 4f(2) RESOLUTION NO. RE', LUTION ESTABLISHING POLICY FOR MICROFILMING AND IMA( IG; AND DESTRUCTION OF RECORDS CITY OFFICE. WHEREAS, Chapter 3(5) of the Code of Io~va expressly authorizes of documents, or accurate reproductions; WHEREAS, subsequent of the Iowa Code, expressly mention and WHEREAS, microfilming of records greatly: storage requirements and reproductions satisfy statutory requirements; and WHEREAS, Resolution No. 88-22 a policy for mic of documents in the City Clerk's office; and WHEREAS, the Council wishes to formally blish a pc for electronic imaging in the City Clerk's office and amend the existing procedure for destruction of records and documents. NOW, THEREFORE, BE IT RESOLVED BY [TY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That records and documents in the City Clerk's :rofilmed, electronically imaged and destroyed in accordance to the schedule Passed and approved this ,20 MAYOR ~~: /Z '/-~ ' ~0 CITY CLERK City "s Office J 2-19-00 4f(3) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-410 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING FOUR MORTGAGES, TWO PROMISSORY NOTES, AND A REHABILITATION AGREEMENT FOR THE PROPERTY LOCATED AT '11 07 EAST BURLINGTON STREET, IOWA CITY, IOWA. WHEREAS, on December 2, 1993, the owner of 1107 East Burlington Street executed a Mortgage and a Promissory Note through the City's Downpayment Assistance Program for the amount of $3,000 in the form of a conditional occupancy loan; and WHEREAS, on December 2, 1993, the owner also executed a Rehabilitation Agreement, a Mortgage and a Promissory Note through the City's Housing Rehabilitation Program for the amount of $5,650; and WHEREAS, on January 26, 1995, the owner executed a Mortgage through the City's Housing Rehabilitation Program for the amount of $2,677; and WHEREAS, on September 27, 1996, the owner executed a Mortgage through the City's Housing Rehabilitation Program for the amount of $1,965; and WHEREAS, all loans were paid off on December 1, 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 1107 East Burlington Street, Iowa City, Iowa from a Mortgage and Promissory Note recorded on December 13, 1993, Book 1671, Page 136 through Page 140; and from a Promissory Note, Rehabilitation Agreement and a Mortgage recorded on December 13, 1993, Book 1671, Page 168 through Page 179; and from a Mortgage recorded on August 15, 1996, Book 2141, Page 245 through Page 249; and from a Mortgage recorded on October 4, 1996, Book 2166, Page 107 through Page 111 of the Johnson County Recorder's Office. Passed and approved this ].9th day of De bet- ,20 00 rove C Y City Attorney s Office ppdrehabVes\l 107burling.doc Resolution No. 00-410 Page 2 It was moved by Champ i on and seconded by O'Donnel 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 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 1107 East Burlington Street, Iowa City, Iowa, and legally described as follows: Lot Fourteen (14), Subdivision of Oakes Addition to Iowa City, Iowa, the same being bounded by a line as follows, to-wit: Beginning at a point fifteen feet East of the Northeast corner of Lot Four (4), in Kauffman's Addition to Iowa City, thence East forty-five (45) feet; thence South one hundred and fifty (150) feet; thence West forty five (45) feet; thence North one hundred and fifty (150) feet, to point of beginning. from an obligation of the owner, Deborah K Hicks, to the City of Iowa City in the total amount of $13,292 represented by a Mortgage and Promissory Note recorded on December 13, 1993, Book 1671, Page 136 through Page 140; and from a Promissory Note, Rehabilitation Agreement and a Mortgage recorded on December 13, 1993, Book 1671, Page 168 through Page 179; and from a Mortgage recorded on August 15, 1996, Book 2141, Page 245 through Page 249; and from a Mortgage recorded on October 4, 1996, Book 2166, Page 107 through Page 111 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 do ent. Approved by C 5 STATE OF IOWA ) ) SS: JOHNSON COUN~ ) On this 1~ day of ~eee~e/ , A.D. 20 ~o , before me, the undemigned, a Nota~ Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kaff, to me pemonally 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.~ ~za, adopted by the City Council on the [~ day o~ t~=cf~e/ ,20 oO and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument to be the volunta~ a~ and deed of said corporation, by it and by them voluntarily executed. 12-t9-00 4f(4) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 00-411 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO RENTAL REHABILITATION LIENS FOR THE PROPERTY LOCATED AT 530 NORTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, on October 16, 1989, the owner of 530 North Dubuque Street executed a ten-year declining balance Rental Rehabilitation Lien through the City's Rental Rehabilitation Program for the amount of $8,500; and WHEREAS, the terms were satisfied on April 16, 2000; and WHEREAS, on June 5, 1990, the owner executed another ten-year declining balance Rental Rehabilitation Lien for the amount of $723; and WHEREAS, the terms were satisfied on December 6, 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 530 North Dubuque Street, Iowa City, Iowa from a Rental Rehabilitation Lien recorded on October 25, 1989, Book 1089, Page 174 through Page 176; and another Rental Rehabilitation Lien recorded on June 11, 1990, Book 1135, Page 14 through Page 16 of the Johnson County Recorder's Office. Passed and approved this 19th day of bet . ,20 __. Approved by City Attomey's Office It was moved by CHAMPTON and seconded by 0' Donnel 1 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 ppdrehab',res\530ndubuq.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 530 North Dubuque Street, Iowa City, Iowa, and legally described as follows: The West Half (W ~) of the West Half (W ¼) of the North Half (N %) of Lot Three (3) and the North Half (N %) of Lot Four (4) all in Block Seventy-one (71) in Iowa City, Iowa, according to the recorded plat thereof subject to easements and restrictions of record from an obligation of the owner, George Joseph Farkus, to the City of Iowa City in the total amount of $9,223 represented by a Rental Rehabilitation Lien, recorded on October 25, 1989, Book 1089, Page 174 through Page 176; and another Rental Rehabilitation Lien, recorded on June 11, 1990, Book 1135, Page 14 through Page 16 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds Appmved by STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /? day of ~ec¢~ ~<~ , A.D. 20 ~ , before me, the under- signed, 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 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 0f its City Council, as contained in Resolution No. o~- ~( , adopted by the City Council on the/? day Q~ ~c~m ~t K ,20 e~ and that the said Ernest W. Lehman and Marian K. Kar~ as such officers acknowledged the execution of said instrument to be the volunta~ act and deed of said corporation, by it and by them voluntarily executed. Nota Public in and for Johnson County, Iowa ppdrehab~530ndubuqrel.doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 00-412 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE, AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 2306 FRIENDSHIP STREET, IOWA CITY, IOWA. WHEREAS, on April 15, 1994, the owner of 2306 Friendship Street executed a Rehabilitation Agreement, a Promissory Note and a Mortgage through the City's Housing Rehabilitation Program for the amount of $22,500; and WHEREAS, on December 14, 1994, the owner executed a Promissory Note and Mortgage also through the City's Housing Rehabilitation for the amount of $7,375; and WHEREAS, the loans were paid off on December 5, 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 2306 Friendship Street, Iowa City, Iowa from a Promissory Note and a Mortgage recorded on July 22, 1994, Book 1785, Page 215 through Page 222; and a Promissory Note and Mortgage recorded on December 22, 1994, Book 1851, Page 3 through Page 10; and a Rehabilitation Agreement recorded on January 5, 1995, Book 1856, Page 91 through Page 94 of the Johnson County Recorder's Office. Passed and approved this ].9th day of December~ ,20 00 Approved by It was moved by Champion and seconded by 0' Donnel '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 Wilburn ppdrehab/res/2306friendship.doc 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 2306 Friendship Street, Iowa City, Iowa, and legally described as follows: Lot 4 in Larson Subdivision, First Avenue, to Iowa City, Iowa, according to the Plat thereof recorded in Book 4, Page 370, Plat Records of Johnson County, Iowa. from an obligation of the owner, Nancy A.Bruckner Philips, to the City of Iowa City in the total amount of $30,175 represented by a Promissory Note and Mortgage, recorded on July 22, 1994, Book 1785, Page 215 through Page 222; and a Promissory Note and Mortgage, recorded on December 22, 1994, Book 1851, Page 3 through Page 10, and a Rehabilitation Agreement recorded on January 5, 1995, Book 1856, Page 91 through Page 94 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. Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /9 day of -/~ecc~,-J~r' , A.D. 20 ~>c7 , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. o~-~/.~ , adopted by the City Council on the /~ day o4 h~c~-,L~,~,- , 20 oc7 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. ppdrehab\2306friendship.doc Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 00-413 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING AN AGREEMENT, A PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTIES LOCATED AT LOT 85, 98, AND 100 SOUTH POINTE ADDITION, IOWA CITY, IOWA. WHEREAS, on May 1, 1998, the owner of Lots 85, 98, and 100 South Pointe Addition executed a fifteen-year forgivable loan through the City's Home Investment Partnership (HOME) Program for the amount of $68,238; and WHEREAS, the Agreement has been terminated with Swenson and Associates; and WHEREAS, the title to the land has been transferred back to the City; 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 properties located at Lot 85, 98, and 100 South Pointe Addition, Iowa City, Iowa from an Agreement, a Promissory Note and a Mortgage recorded on June 22, 1998, Book 2516, Page 207 through Page 225 of the Johnson County Recorder's Office. Passed and approved this 19th day of December ,20 00 Approved by It was moved by C. hampion and seconded by 0' Donne] ] 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 ppdrehab/res~85-10Osouthpoinle,doc 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 properties at Lot 85, 98, and 100 South Pointe Addition, Iowa City, Iowa, and legally described as follows: Lots 85, 98, and 100 South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312 Plat Records of Johnson County, Iowa. from an obligation of the owner, Swenson and Associates, to the City of Iowa City in the total amount of $68,238 represented by an Agreement, a Promissory Note, and a Mortgage, recorded on June 22, 1998, Book 2516, Page 207 through Page 225 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 do ent. Approved by ATTEST: CI ' Z//'// ~' STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1~2 day of -bec~J,~,- , A.D. 20 ~,-q , before me, the under- signed, a Notary Public in and for s~iid County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. aa- z//5 , adopted by the City Council on the /e day ~c -Z)e-ec-~/~,, ,,- , 20 b~ 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. ppd,ehab\85-100souichpointe.doc Notary Public in an/d for Johnson County, Iowa t,4y Cor~,~; ss;'z~C ~/ai v'e ~ '. -,3/7(/0 ~ 12-'19-00 4f(7) Prepared by: Liz Osborne, Planning & Community Development 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 00-414 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FREEDOM SECURITY BANK, CORALVILLE, IOWA, FOR PROPERTY LOCATED AT 95'1 DOVER STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of an Mortgage in the amount of $3,000, executed by the owner of the property on January 20, 1994 and recorded on January 21, 1994, in Book 1694, Page 142 through Page 145, in the Johnson County Recorder's Office covering the following described real estate: Unit 951, Waters First Addition Lot 7 Condominiums, according to the declaration thereof recorded in Book 840, Page 180, Records of the Johnson County Recorder. Said horizontal property regime is located on Lot 7, Waters First Addition, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 22, Page 30, Plat Records of Johnson County, Iowa. Also known as 951 Dover Street, Iowa City, Iowa, subject to a mortgage of even date herewith granted by mortgagors in favor of Hills Bank. WHEREAS, Freedom Security Bank, has refinanced a first mortgage in the amount of $88,000 to the owner of 951 Dover Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce Freedom Security Bank to make such a loan; and WHEREAS, Freedom Security Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said Mortgage with Freedom Security Bank; 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 Freedom 5~ecurity Bank, Coralville, Iowa. Passed and approved this 19th day of December ,20 O0 Approved by City ppdrehab/res/951dover. doc Resolution No. 00-414 Page 2 It was moved by Champion and seconded by 0' Donnel 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 Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Freedom Security Bank Of Coralville, Iowa , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain note/mortgage which at this time are in the amount of $ 3000.00 and were executed by Andrea E Rhoades (herein the Owner), dated 1/20/q4 , 19 , recorded 1/21/94 19 , in Book 1694, Page 142 through 145 , Johnson County Recorder's OffiCe, covedn9 the following described real property: Unit 951, Waters First Addition Lot 7 Condominiums, according.to the declaration thereof recorded in Book 840, Page 180, Records of the Johnson County Recorder. Said horizontal property regime is located on Lot 7, Waters First Addition, Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 22, Page 30, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ 88,000.0o on a promissory note to be executed by theFinancial Institution and the Owner, secudng a mortgage covedng the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the note/mortgage 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 note/mortgage 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. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the note/mort~a~;e 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 /¢ day of ~le~.-~ J~, ,.- .20 c>c2 By' ,, -- Ba/=y"~~,/c ~ Mayor M hlabaugh, rity Bank By Attest: Cit~y,~?k~,~ ~, ~_,,) Appr0vedSy / /J-J/i~- / z :/..,f ,..~ City Attorney's "' CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /? day of ~J%eC, em6~..v" , 20 oa . before me. the undersigned. a Notary Public in and for the State of Iowa, personally appeared Ernes'l hi./.~A,...~.., 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 "(Or-dinance) (Resolution) No. :~o- z//~/passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the /? day of --~C~-h~,~>~.r' 20 D~, and that Er,-,~.4- L-,/: L-~,,H~k. and Marian K. Karr acknowlec~ged 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. · ' f_OJ' the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~; ~ day of Z)~:C~/r//P,~_-/( , A.D. 20Od) , before me, the undersigned, a Nota~ Public in and for the State of Iowa, personally appeared to e personall known who being by me duly sworn, did say that they are the , respectively, of said corporation executing the within and foregoing instrument to which this is a~ached, that said instrument was signed and sealed on behalf of said coloration by authority of its Board of Directors; and that the said and - 'as such o~cers acknowledged the execution of said instrument to be the voluntaW act and deed of said corporation, by it and by them voluntarily executed. My Common Not d State of Iowa p~bg~ubrdmagt.doc Prepared by: Sarah E. Holecek, First Asst. City Atty, 410 E. Washington St., Iowa City, IA 52240 (:319):356-5030 RESOLUTION NO. 00-415 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER AND DRAINAGE EASEMENT AGREEMENT ON LOTS 1 e/. 2 OF BARKER'S SECOND SUBDIVISION, IOWA CITY, IOWA WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, the owners of Los 1 e~ 2, Barker's Second Subdivision, iowa City, iowa, submitted a site plan for development of said los; and WHEREAS, City staff approved the site plan subject to the property owners constructing the necessary public improvements and entering into a Storm Sewer and Drainage Easement Agreement to ensure the integrity of said improvemens; and WHEREAS, City staff has approved the location of the proposed storm sewer and drainage easement as well as the associated easement agreement; and WHEREAS, the easement agreement requires City Council approval and the execution of the same is in the public interest of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer and Drainage Easement Agreement for Los 1 ez 2, Barker's Second Subdivision, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above-referenced Easement Agreement in the Johnson County Recorder's Office at the expense of the owner, Ron Wade. Passed and approved this 19t. h day of Dec ,2000. Aflpmve~/.: ; sarah\landuse\wade stormsewer eas res Resolution No. 00-415 Page 2 It was moved by Champ i on and seconded by O'Donne] ] 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 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between Ronald E. Wade and Patricia N. Wade, husband and wife (hereinafter WADE), and the City of Iowa City, Iowa (hereinafter CITY). It is hereby agreed as follows: For the sum of One Dollar ($1.00) and other valuable consideration receipt of which is hereby acknowledged, WADE hereby grants and conveys to CITY an easement for the purposes of excavating for and the installation, replacement, maintenance and use of drainage swails, surface water drainage, and storm sewer lines, pipes, mains and conduits as CITY shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for use in connection with said pipe lines, together with adequate protection therefor, and also a right-of-way, with the right of ingress and egress thereto, over and across the area designated as storm sewer easement on the Easement Plat attached hereto as Exhibit hA" located on a part of Lot 1 and 2 of Barker's Second Subdivision to Iowa City, Johnson County, Iowa. WADE further grants to CITY the following: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as CITY may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of CITY may be a hazard to said easement areas, or which may interfere with the exercise of CITY'S rights hereunder in any manner. CITY shall promptly backfill any trench made by it, and repair any damages caused by CITY within the easement area. CITY shall indemnify WADE against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by CITY. Except as expressly provided herein, CITY shall have no responsibility for maintaining the easement area. WADE reserves the right to use said easement areas for purposes which will not interfere with CITY'S full enjoyment of the rights hereby granted; provided that WADE shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas; provided, however, that the same may be surfaced and utilized for vehicular parking or storage'by WADE, provided the same shall not restrict the flow of storm water and the utilization of the surface drainage way contained within the limits of the drainage easement. WADE does hereby covenant with CITY that WADE is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on CITY to install the storm sewer referred to herein. Nor shall WADE be deemed acting as CITY'S agent during the original construction and installation of said improvement. 'The parties agree that the obligation to install the public improvement(s) herein shall be in accordance with CITY specifications, and the obligation shall remain on WADE until completion and until acceptance by CITY, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this~ day of~f~' , 1998. ATTEST: ~arian K. Karr, City Clerk - CITY - - WADE - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this 20 day of 1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ronald E. Wade and Patricia N. Wade, to me known to be the identical parsons ed in and who executed the foregoing instrument, nd acknowled d t they executed said instrument as their v luntary ac a d . STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) ~ooo On this /? day of J~xe,~t~ , ~998, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 .~Or-~in~nce) (Resolution) No. OD~/~ passed (the Resolution adopted) by the City Council on the /q day of ~e~v , -t~3~~° and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by them voluntarily executed. Nota2~ Public in and for state of Iowa ~A~ ~Ls~o~ ~, ~ - ~/~/~ /jo/jmm 3 EXHIBIT "A" PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 EASEMENT PLAT I P~ ~ LO~ 1 ~D 2 ~ B~K~'S ~C~D ~BDI~ TO IOWA ~NS) )N~. IOWA, AS RE)ED IN P~T ) 17. AT PA~ 62. REC~DS ~ ~HN) C~Nff, IOWA, ~E B~ND~IES ~ ~ICH AE DESCRIBED AS FOLLOW: LEGEND AND NOTES BEGINNING AT ~E N~EAST ~RNER OF LOT 1 OF BARKER'S SEC)D _ ~ ~ ~ ~ SUB~ TO IOWA ~, ~NS~ C~N~, IOWA, AS RE~RDED IN PLAT · - ~w ~s~ ~ BO~ 17, AT PAGE 62, RECORDS ~ ~NSON COUNt, IOWA; ~ENCE o (5~'~,/~) S~'~'W, ~G ~ EASERLY UNE ~ SND LOT 1, A DIST~ ~ 25.~ - ~ k/- ~Y ~ EET; ~CE S8926'34'W, 11.38 ~ET; ~CE S31~5'~"W, 68.12 FEET; ~T~-~Y ~ ~ S15'3T33"W, 163.05 FEET; ~ENCE S34'~'42"W, 13.65 EET TO A ' P~NT ~ ~[ S~[RLY UNE OF S~D LOT I; ~CE S89'26'31 'W, ~G ~T ~ ~m ~ ~ ~ SAID S~LY U~ ~ LOT 1, AND ~E ~ERLY UNE ~ LOT 2 ~ SAID ~T ~ ~ ~ ~ ~ ................. ~~ -- ~= B~K~'S ~C~D ~BDI~S~, 12.24 EET; ~EN~ N34'38'42'E, 19.03 FEET;~ : ~ ~s ~EN~ N15~T33'g 162.81 FEET; ~ENE N31~5'~"E, 63.18 EET; ~ENCEc22-~ · - ~ ~T ~ ~9~6'~"W, 28.77 ~T; ~ENCE N~'~'E, 25.~ ~T TO A P~NT ~ ~[ ~ ~ ~ ~ ~ ~ e ~ ~ ~ O N~ERLY UNE ~ SND LOT I; ~EN~ N89~6'34"E, ~G S~O N~ERLY UNE, 52.~ ~T T0 S~ PGNT ~ BEGNNING, C~TAINING 0.09 A~ES, ~D IS~ ~ ~ ~ ~ ~ I F~T · ~,~ ~T SUB~CT TO EA~MEN~ AND RES~tC~ONS OF RECORD. ~'=~' J~B E ~H~RYN MAWR I ~" ' ~7" ~'~ b~ ~ ~,: , GHTS ADDITION , .. ~O~I[YO~: RON WAD[ [ ~s!~'! SUBDIVISION / IOWA AS RECORDED IN PLAT BOOK ~ . AT PAGE 62. RECORDS /[I JOHNSON COUNTY, IOWA I ~ LOT 3 LOT 2 ~/I~ LOT 1 : AINAGE EASEMENT , I :1 REA = 0.09 ACRES ~/ , ~ i~ EASEMENT UNE TAB~ $ j~~~[/~ UNE [ ~R~C~ DISTANCE 'F" '~j:jj;Z[Z;]~;[ .... Z ....................... [ ................... L ..... .... .... WILL0 W-CREEK-D RIVE-- -- = EASEMENT PLAT ~ ~ ~ ' n'~ ~- ~ MMS CONSULT~ -- ~ ~ Pro~ct ~tle: Iowo City, lowo (319) 35i-8282 ~ ~ ~Ol~lOn ~ iOWA C~, JO~SON CO~, IOWA JEL b~ P~ { ~L STORM SEWER AND DRAINAGE EASEMENT AGREEMENT THI~. AGREEMENT is made and entered into by and between Ronald E.\~ade and Patricia N. Wade, husband and wife (hereinafter WADE), and 'the City of Iowa City, Iowa (hereinafter CITY). \ It is hereby agreed as follows: For the ~I.um of One Dollar ($1.00 and other valuable consideration re~ipt of which is hereby 'ed, WADE hereby grants and conv~s to CITY an easem~ for the purposes of excavating for and the installation, rep] ~men , maintenance and use of drainage sw ils, surface water . ~age and storm sewer nv s n fittings, for use in onnection with said pipe lines, together with adequate protectio therefor, am also a right-of-way, with the right of ingress an egress ther~ , over and across the area designated as storm sewe easement the Easement Plat attached WADE further grants to following: 1. The right of gradin~ easement areas for the full width thereof, and to extend ti cuts and fills for such grading into and onto said lands alom outside of the said easement areas to such extent as CITY reasonably necessary. 2. The right from to tie to trim, cut down and clear away any and all trees and ~sk on aid easement areas and also to trim, cut down and clea away any rees on either side of said easement areas which now o hereafter 'n the opinion of CITY may be a hazard to said ease C areas, or which may interfere with responsibility 'for b~ the ' by it, and repair any damages caused by CITY within th easement area. CITY shall indemnify WADE agi [nst unreasonable los or damage which may occur in the negligen exercise of the ease nt rights by CITY. Except . a.s . expressly .d ~d herein, CI shall have no WADE reserves right to use said easement areas for purposes which will not interfere with CITY'S full enjoyment of the rights hereby g anted; provided that WADE shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other~ obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas; provided, however, that the same may be surfaced and utilized for vehicular parking or storage by WADE, provided the same shall not restrict the flow of storm water and the utilization of the surface drainage way contained within the limits of the drainage easement. WADE does hereby covenant with CITY that WADE is lawfully seized and possessed of the real estate above described, and has good and right to convey it, or any part thereof. in this Agreement shall be cons to impose a requirement CITY to install the storm sewer to herein. Nor shall be deemed acting as CITY' agent during the original and installation of improvement. 'The parties agree the obligation install the public improvement(s) h, ein shall be in with CITY specifications, the obligation remain on WADE until completion and until ceptance by CITY by law provided. The provisions f shall inur to the benefit of and bind the successors and of the r parties hereto, and all covenants shall apply o and with the land and with the title to the land. DATED this~ day of , 1998. CITY OF IOWA CITY, IOWA E. WADE BY: Ernest W. Lehman, MAYOR ~ICIA N. WADE ATTEST: Marjan K. Karr, City Clerk - CITY - WADE - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this aOday of 99S,ore me, the undersigned, a Not~ Public in and for the e of Iowa, personally appeared Ronald E. Wade and Patricia N. to me known to be the ntical ~ons in and who ~uted the foregoing instrume2 acknowl~ they exe said instrument as thein .ic in State of Iowa 2 STATE OF IOWA ) ~ ) SS: COUNTY OF JOHNSON ) On this day of , 1998, b me, a Notary Public in and for the State of Iowa, personall~ appeared Ernest W. Lehman and arian K. Karr, to me personally , and, who, being by me duly worn, did say that they are Mayor and the City corporation, ana~ that the instrument wa~ signed and sealed on behalf of the corporation, by authority its City Council, as contained in nance) (Resolution) passed (the Resolution adopted) the City Council the day of , 199 and that W. Lehman and K. Karr acknowledged the execution of the .strument to the voluntary act and deed of the corporation, by em executed. Lic in and for state of Iowa tjotjmm Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 RESOLUTION NO. 00-416 RESOLUTION APPROVING THE EXTRATERRITORIAL PRELIMINARY PLAT OF PRAIRIE VIEW ESTATES, PART FOUR, JOHNSON COUNTY, IOWA. WHEREAS, the owners, Thomas Wegman, Doris Marchael, and Oakes Development, Ltd., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Prairie View Estates, Part Four; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Prairie View Estates, Part Four, Johnson County, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 19th day of Dece er , Approved by ppdadm/res/prairieviewlV doc Resolution No. 00-416 Page 2 Itwas moved by 0'Donnell and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: SUB96-0006. Prairie View Estates, Part Four Date: December 7, 2000 GENERAL INFORMATION: Applicant: Thomas Wegman 1007 Kyle Drive Iowa City, Iowa 52240 Phone: 338-6570 Contact person: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 Phone: 351-8282 Requested action: Preliminary plat approval Purpose: To create a 21 -lot residential subdivision Location: North of Interstate 80 and east of Prairie du Chien Road Size: 30.86 acres Existing land use and zoning: Undeveloped Surrounding land use and zoning: North: Agricultural, RS; East: Agricultural, RS; South: Interstate 80; West: Residential, RS. Comprehensive Plan: Fringe Area A. Since this property is already zoned RS, the clustering requirements for Area A do not apply. Applicable Code requirements: Chapter 14-7, Land Subdivisions File date: March 14, 1996 45-day limitation period: Waived. BACKGROUND INFORMATION: Thomas Wegman is requesting a preliminary plat of Prairie View Estates, Part Four, a 30.86 acre, 21-1ot residential subdivision located north of Interstate 80, east of Prairie du Chien Road. This application was filed in 1996 but deferred indefinitely due to delays associated with the realignment of Prairie du Chien Road. The development of Pad Four requires that a secondary access be provided to the Prairie View Estates Subdivision. A second access was planned at the northwest edge of the subdivision, but construction of this roadway was delayed until the realignment of Prairie du Chien Road. Now that that project has been completed, consideration of the subdivision application has again been requested. ANALYSIS: The proposed plat appears to be in general conformance with the City's subdivision regulations. The subdivision must conform to City Rural Design Standards. Due to the presence of steep slopes and a drainageway on the property, a grading plan will be required. The grading plan will have to be approved prior to consideration by the City Council. The proposed subdivision consists of 21 residential lots, bringing the total number of residential lots within Prairie View Estates to 69. The development pattern and the lot size of the subject subdivision is similar to that of the rest of the development. The lots conform with the 40,000 square foot minimum lot size requirement and the 100-foot minimum lot width requirement of the RS zone (County). Access to Part Four would be provided by the extension of Sussex Lane and the extension of Kyle Drive. Kyle Drive is proposed to extend to the east boundary of the subdivision. The City Rural Design Street Standards require, at minimum, a six-inch stone base and chipseal surface 22 feet wide. The plat indicates that the streets would be constructed of a six-inch Portland cement concrete surface 24 feet wide. This street design provides continuity with the rest of the development, and staff supports the use of a uniform street standard throughout the development. Secondary Access: A major issue with the subdivision of Parts Two and Three of Prairie View Estates concerned secondary access. Secondary access is important in residential areas in that, as lots are platted further away from the primary street, convenience of access for residents of the development diminishes and the ability to provide emergency and public services is reduced. Providing more than one means of access to a residential development will assure accessibility for the efficient delivery of emergency and public service vehicles and reduce the impact on existing neighborhoods by distributing traffic to more than one street. Without a secondary access to the Prairie View Estates Development, all traffic will be forced to pass through Kyle Drive. The recent improvements to Prairie du Chien Road will allow the applicant to provide adequate secondary access to Prairie View Estates Part Four via Syril Street. The applicant recently reached an agreement with the County regarding the maintenance of the portion of old Prairie du Chien Road that will remain to provide access to Syril Street. The Agreement is to be considered for adoption by the Board of Supervisors along with this plat. This will also require that the applicant upgrade Syril Street to the same standard as the other streets within the subdivision. To assure that these improvements necessary to achieve secondary access are completed in a timely manner, staff recommends that the preliminary plat be conditioned upon the construction of Syril Street to connect to Prairie du Chien Road prior to final plat approval. This condition has been noted on the plat and should be included in the Commission's motion. Storm Water Management: Storm water management detention basins for the entire development were anticipated with the approval of Part One. Storm water management easements were secured through Part One and Part Two. These basins are adequate to provide storm water management for the proposed development. Water Distribution and Waste Water Treatment: The locations of some of the septic absorption fields appear questionable, along steep slopes leading to drainageways. Staff recommends that preliminary approval of the proposed well and water distribution systems and septic system be required from the Johnson County Department of Health prior to Council consideration of the preliminary plat. STAFF RECOMMENDATION: Staff recommends that SUB96-0006, a request for a preliminary plat of Prairie View Estates, Part Four, be approved, subject to completion of the construction of Syril Street to Prairie du Chien Road to provide secondary access for the development prior to final plat approval, and subject to the approval of a grading plan by Public Works and preliminary approval of the proposed well and water distribution systems and on-site waste water treatment systems by the Johnson County Department of Health prior to Council consideration of the plat. ATTACHMENTS: 1. Location map. 2. Preliminary plat. Approved by: ,~4-o~'~/'/////~ Robert Miklo, Senior Planner Department of Planning and Community Development ppdadm/sffrep/sub96-OOO6sk. doc Realignment of Prairie du Chien Road /~ '\ / n,' F- Ld _J r~ ~ rn > PR .< {Z en -~- bd '-~ Q ,-,, ,_J LINDER ROAD z: F- SITE LOCATION: Prairie View Estates, Part FourSUB96-0006 r .~,"".l,~,~..~,,.f.%,,~..~--_. PRELIMINARY PLAT · -- :/ PRAIRIE VIEW ESTATE.S,,,k PART FOUR """ · :~~:::.::""/""i}-:"'~za ~ =--...=':.:.--. ·LOCATION MAP NOT TO SCALE / ~ I / / \ / ~ ' 'i \- / /'---\'/ I Y / ~ " {' : I } .......... :":: ' ~ .. ~,o.. \ " }'~,' '_.'~...:.:~ .....,------_ ' "'"""""'""" ' " ' ' " ! ..,... :J,~=___ I / Lwm~wa ,,mere wa'F.m , , / -- -7-- ~ "1 / % I / / ' ='-"==~~2' :~;'=+:~.'=~ :i'j__'I I "' I i/ / i! / /~ '., ---K - ® :~-=__ ~/" L ,"~ :i', / ~ = "V :i ix ~..... .... j ~- I --( ............ ........ --,, !i 9EC.-OI'OO(FR[) 15:16 dO GO PUB H~hh'l'H Dhrl 15b.ol~oouuu~ ~.uu~ epartment of Public Health L. GRAHAM I)AMERON, MPII MEMORANDUM HEARING DATE: May 08, 2000 TO: Johnson County Zoning Commission FROM: Dan Kramer, Johnson County Dept. of Public Health RE: Zoning Application S9120A Tom Wegman, 1007 Kyle Drive NE, Iowa City, la. ACTION REQUESTED: Requesting preliminary plat approval of Prairie View Estates Part Four-a subdivision of lot 25, of Prairie View Estates, described as being located in the SW ~A, section 35; Township 80 North; Range 6 in Newport Township. This is a 22-1ot, 30.86 acre, residential subdivision, located on the east side of Prairie du Chien Road NE, east of Prairie View Estates, Part 1, 2, 3, in Newport Township. Environmental Health AsseSsment Wastewater Comments: The Johnson Board of Health area requirement is one acre, overall lot densitV is 1.40 acres. The applicant is proposing private sewage disposal systems to serve the 22 lots. Judy Krieg, MMS Engineer Consultant Representative, has completed the technical information required by Section XIX, of the Johnson County Onsite Wastewater Regulation 1999. On April. 24, 2000, Judy made an onsite investigation to determine whether each proposed residential lot could support a private sewage disposal system. During the site visit, she determined that Prairie View Estates Part 4, has a Fayette soil type. Ms. Krieg has describes Fayette soil-O-1 '-brown silty clay loam, 2-4' dark yellowish brown silty clay loam, 4-6' dark yellowish silty clay loam with the occurrence of mottles varying in depth from 36-54 inches. iEC.-OI'OO(FRI) 15:16 dO GO PUB HEALTH DEFT nnso epartment of Public Health L. ORAHAM DAMERON, MPH Also, I found the Soil Survey of Johnson County, Iowa refers this site to be a Fayette soil type. !n addition, Judy Krieg, the applicant's engineer consultant has shown the proposed and existing wells, easements, potential house sites, and private sewage disposal systems on the preliminary plat. Private sewage disposal systems are shown on the plat to be located on slopes less than 18%, away from drainage- ways, and concave depressions. Ms. Krieg's has stated in her report that every lot excluding 56 and 65 has the potential to have septic tanks-primary treatment and absorption fields-secondary treatment. Lots 57, 58, 59, 60, 61,62, 63, 66, 67, 69, and 70 have flexible areas on the lot to install a septic tank and absorption field. However, lot owners need to be aware that the house size, # of bedrooms, and house location may be limited to install a conventional private sewage disposal systems on lots 49, 50, 51, 52, 53, 54, 55, 64, and 68. Johnson County Department of Public Health Department will reinstate the Johnson County Onsite Wastewater Regulation 1999, section 19.08. 19.08 states that utilizing conventional onsite wastewater system technology should be made to plat lots that can be served by conventional onsite wastewater treatment and disposal systems. However, Ms. Krieg could not find a suitable area for a septic tank and absorption field on lots 56 and 65. She is proposing a sand-filter or mechanical aerobic system to overcome the small and large drainage- ways on the lot. Health Department will require the homeowner that will be served by the sand filter or a mechanical system to have an indefinite operational permit according to the Johnson County Onsite Wastewater Regulation 1999. DEG.-01'00(FRI) 15:16 dO C0 PUB HEALTH epartment of Public 'Health L. GRAHAM DAMERON, MPH Water Well Comments: Applicant will need to have a community well according to the Johnson County Board of Health's Criteria For Evaluating Water Wells In Subdivision with 15 lots or more. The well must be permitted by the Iowa Department of Natural Resources, and must conform to all applicable rules and regulations of the Iowa Department of Natural Resources (IDNR). Also, a well forecast has been obtained bV the IDNR's Geological Survey Bureau. In summary, Bob Rowden, a geologist, reports that the subdivision be served by a silurian well. Silurian well depth should be approximately 210 feet and deeper in the proposed area. Silurian well should yield 50-100 gallons per minute to serve the 22 homes. The Johnson County Dept. of Public Health has reviewed the preliminary plat and will make additional comments at the next zoning commission hearing on June 12, 2000. BEG.-Oi'OO(FRII 13:17 dO C0 PUB HEALTH DEPT 'l'~:h:al~a~oouqq r. uuo · ~li~hcr M, S~cphnn p.~ ]9]?S. GI~TS~ , IOWACITY. IOWA52~363 Gc.D, Mcimff LSIP.E. Paul V. ~d=~o~ p.~ 0~i~ 319-351-8282 F~: 319-351-~76 ~aria~n P,E. ~d J. Bi~ Jnm~ E. ~chly ~ndd L ~el~ p,g. Olgu H- Boumll=, Jr. P.E. ~lly J. B~kl~ P.K M~ A. 5~jn ~nn= ~ Mumr LA, Ma~ ~gnn P.~ bndy L Willira M.C.P, May 1, 20~ Dan ~a~r Johnson County Dep~ent of hbl ic Health 1105 Gilbert Cou~ Iowa City, Iowa 52240 ~: Soil T~sting for Pr~de View ~cates, P~ 4 Dear D~, Th~ following contorts ihe ~6~hniaal infomtion required by Seaion X~ of ~e lohnson County Deponent of ~blis H~ Onsite Wasmwamr R=~latians for th~ proposed pinning of P~ti~ View Estates, Pm~ 4. According to th~ Soil Suwey of Johnson County, Exhibit C, the major soil typ~ for this site is a Fayette silt loam wi~ a slope v~ing between 5-9% ~d 9-14%. St~pff slopes am loGorod within drainageways ~d ~e mapped as Fayetm silt looms with slopes yawing ~twcen 18-40% Fayette silt lores ~e foxed in loess mo~ than 40 inches thick and ~e t~iGally odequota for conventional septic systtms whgm th~ high se~onal water t~le is greater th~ 4.5 feet and the slopes arc less than 18%. The soil mapped units were v~d~ed on Ap~l 24, 2000 by taking four inch diameter flight auger borings from two representative locations ~ong with approximately eight 6-foot deep soil probes. ~ g~neral, the soil is described as 0-1' of brown silty clay loam; 24' of d~k yellowish bro~ silty clay loam; and 4'-6' dark yellowish brown silty clay lore wi~ the occurcote of moUles v~ing in ~pth from 36-54 inches. Exhibit A shows ~e proposed and existing wells, ~em6nts, and potential house sites. ~ g~n~r~, the ~ptic sysm~ cabot ~ pl~ed in ~y d~nageway ~d must mc~t all setback requkements. Based on the Soil Su~oy of Johnson County and on $e li~t~d number or soil hodrigs, the following preliminaW conclusions c~ be ge. However, additional soil testing and site evaluations will be needed once the si~ ~d location or the hous~ are ~own so ~at the appropdatc s~ondaW ~a~ent sysmm can be dg~ined. See the auached Exhibit B for soil hodrig descriptions devil. Lots 57,58,50,60,61,62,6~,66,67,69,70. ~e soil on th~su lots oonsists of a ~pic~ Faye~ silt loam. ~ese lots should suppoe a soil abso~tion system ~ ~eas where the slope is less th~ ei~men percent. ~ ~as wh=m the high seasonal water tabl~ ~ greater than 4.5 f~t, a trench soil abso~tion systom (conventional) should b~ adequate. An effluent pump may b~ requked if the elovation of the house is lower th~ th~ septic field. ~ ~as where the high s6asonal water tabl6 is less than 4.5 feet, a pressure dosed shallow trenches, at-grade or mound system should b~ ad~uate. Lots 49,50.51,52,53,54,55,~.68. Th~ soils on th~se lots consist of a Wpio~ Fay~gt silt loam. However, them may not be ~quam ~ea for a conventional uench soil abso~tion system. ~a soil abso~tion system is pref~=~, cg must be t~en ~th placement of the house to promet the ~ea available, tsp~iaIly during bulldog and road construction. ~ effluent pump my ~ r~uired if ~ hous~ is at a lower elevation than the soil abgo~tion system. If ~gre is not adequate space for a so~ abso~tion system (trench, sh~low trench, at-Cede or mound), a sand filter or mechanic~ system ~y be required. Lots 56. The soil on this lot consists of a Fayette silt loam with several large ~d small drainageways. A non-soil dependent system may be n~cessa~ for this lot such as a sand filter or mechanic~ system. DEC,-01'00(FRI) 13:17 dO CO PUB HEALTH Lot 65 The soil on this lot consists of a Fayotto silt loam. It appears that much of the lot has been previously altered a.s evident by the numerous grassed over gulties and irregular slopes and based on the air photos available at the Johnson County Auditor' s Office. A non-soil dependent system is recommended for this lot such as a sand filter or mechanical system In regards to wa-~tewater systems, suitable soil provides excellent treatment of sewage tank effluent. When properly designed, installed, operated and rrufintained, onsite systems treat sewage as well as or better than municipal systems.- The natural topsoil should be utilized for treatment wherever possible. In soils were there is a seasonal saturation at depths closer than 4.5 feet to the ground system an above Fade, At-Grade or Mound System, can be used depending of the depth to the high seasonal water table. Where there is not adequate soil or space for a soil absorption system. other onsite technology can be utilized such as sand filter or mechanical system, Septic system may fail because of: a.) improper siting of the systetu, b.) improper site disturbance, c.) the water usage i-~ greater than design, d.) post construction disturbance of the mound, e.) improper installation; and/or f.} improper tuainten,'mce. Therefore, it is important that with any wastewater treatment system, proper measures be taken to avoid failures. For any new subdivision, we recommend the following: I. A recognized soil specialist should evaluate the soils and the site to determine the depth to any limiting layer and to determine the loading rate for the septic system. 2. The proposed septic system sites rnust be roped off and protected prior to construction, No fill may be placed on the site and no soil may be removed. After the septic system is constructed, th~ area should be designated so that no one parks or drives on the septic field. 3. The septic system should be constructed by a contractor experienced in septic system construction. 4. A mai hienonce contract betwe.~n.a septic system contractor and the homeowner's association is strongly recommended. Each site without an exterior effluent pump should be inspected annually and those with an exterior effluent pump should be inspected biannually. During the inspection, the sludge level in the tank, effluent filter and pump should be checked and the septic field site should be walked to check for wet spots and/or effluent surfacing. The tanks should be pumped after the first year and every 2-3 years after that or as determined by the maintenance contractor. Any new or proposed septic field should meet the setback requirements set forth in the Johnson County Onsite Wastewater Regulations (1999). For example, they should be placed greater than 100-feet from any private well and greater than 200-feet from any public well. Attached is a soil boring location map, soil boring descriptions and a copy of the Soils Map from the Johnson County Soil Survey. If you need any further assistance or have any questions or concerns, feel free to contact me. Geologist and Soil Specialist Iron A. Mobr 2385 Banbury SL Iowa City, IA 52240 Phone 351-9285 December 06, 2000 City of Iowa City Planning and Zoning Commission Commission Members, I am writing concerning the application from Thomas Wegman for a preliminary plat of Prairie View Estates, Part Four. As a property owner in Prairie Veiw Estates I would like to present my concerns on the affects of this planned subdivision of Part Four. I understand that one of the requirements to apmval of this application would require the addition of a second street access into our subdivision and that it would be acomplished by the paving of the closed Syril Street. I say closed because this roadway has not been maintaned for emergency vechial traffic as it was agreed to with the County since 1993 when we bought our property and had not been maintained for several years prior to 1993 according to other property owners. There are very good reasons why the road was closed and never used again. The intersection with Prairie DuChien was on a curve at the bottom of a steep hill. Likewise, the connection to Banbury Street is also on a curve at the bottom of a steep hill. The sight distance is very limited for traffic coming north over the hill on Banbury Street to the proposed intersection. In winter and summer alike there cars who fail to negotiate the curve and end up right where cars would have been sitting waiting to enter Banbury Street from Syril Street. The posted 15 mile and hour speed limit is rarely observed, add to this drivers who may be unfamiliar with the subdivision makes the hill/curve combination all the more dangerous. This north facing hill is shaded in the winter causing icy conditions that make it difficult to negotiate the curve as it is currently designed, let alone adding an intersection to the situation. The possibility of traffic accidents at this proposed intersection is the least of our womes. Since there are no sidewalks, the street is where our children walk to the bus stop and many rn'operty owners exercise and walk their pets year round. Drivers need to be concentrating on avoiding children walking along the roadway when they come over the crest of the hill on Banbu~, not entering traffic from the proposed intersection. We face the difficulties of sight problems daily when we back out of our driveway, in fact we will no doubt be backing across the proposed intersection. We understand the desire for a second entrance, but the safety hazards created with this proposal are unexceptable. Since Devon Drive is proposed to connect to Prairie DuChien Road in the future, this would seem to be a much safer alternative and would allow the second access that the City requires. The safety of our children and residents should be paramount. We would encourage you to visit the site. Brett & Mary Jo Mohr DEC-18~2000 16:58 LEFF HI~UPERT TRRI~ I,d~LLI~RN 3~ 338 GgB2 P'~ ~lUP k ~F IOWA CI~, IOWA ~,e, 3ae.?s ~ec~e: 28, 2000 {via ~acs~ile 356-5008) Ms. Eleanor Dilkes City Atto~ey CITY ~MINIST~TION BUILDING 410 E. Washington Street Iowa City, Iowa 52240 Re: Saddlebrook Addition, Part 2 Dear Eie~or: Our office represents The Paddock, L- L.C. ad Lake Calvin Properties in their application no %he city for approval of Saddlerook Addition, Part 2 S~division. I understud that this mtter is set to proceed bciore the co~cil on Tuesday, Dec~er 19, 2000- We respectfully re~est the comcil de~er hearin~ ~d d~t~nation on the prelimina~ plat, final plat, ad mnufactured housing site pla for Saddlebrook Addition, Part 2 until ~e 'comcil meeting scheduled for J~ua~ 9, 2001. Considering the vol~e of t~s project, recur receipt of additional info~tion from the City, ~d the need for continued review ~d discussion to finalize the legal pape~ork, we feel ~ extension is necessa~ ~d appropriate. Again, we respectfully re~est the comcil defer hearing ~d deternation of this ~tter ~til the co~cil meeting scheduled for Janua~ 9, 2001. I will ass~e ~is matter will be placed on the agenda for the J~ua~ 9 meet~g ~less I hear othe~ise. If you have ~y ~estions or concems, please do not hesitate to contact me. Ve~ ~mly yours, LEFF, ~UPERT, T~W & WIL~, L.L. P. Leslie L. Moore L~: ~1 cc: J~es Miller 4 .~ & ,%, T~.IFIL P-~ t2-t9-00 6h Prepared by: Robert Miklo, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT AND MANUFACTURED HOUSING SITE PLAN OF SADDLEBROOK, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat and manufactured housing site plan of Saddlebrook, Part 2; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and manufactured housing site plan and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and manufactured housing site plan and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat and manufactured housing site plan conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat and manufactured housing site plan of Saddlebrook, Part 2, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this day of , 2000. MAYOR A . by CITY CLERK City Z ppdadmirdres/saddle.doc STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUBO0-O015, Date: August 3, 2000 Saddlebrook Addition, Part 2 GENERAL INFORMATION: Applicant: Lake Calvin Properties 802 S. Gilbert Street Iowa City, IA 52240 354-1961 Requested Action: Preliminary and final plat and manufactured housing site plan approval Purpose: To allow expansion of a manufactured housing park Location: Heinz Road south of Highway 6 Size: 72.5 Existing Land Use and Zoning: Vacant Surrounding Land Use and Zoning: North: Residential; RFBH and RM-20 South: Wetland Reserve and Agricultural; RR-1 East: Agricultural; RS (County) West: Agricultural; RS-8 File Date: July 28, 2000 45 Day Limitation Period: September 11, 2000 SPECIAL INFORMATION: Public Utilities: Municipal water and sanitary sewer service area available to serve the site. Public Services: Police and Fire protection will be provided by the City. Solid waste disposal will be provided by a private hauler. Transportation: Street access will be provided initially by Heinz Road. Transit service will initially be provided from the Iowa City Transit stop at Bon Aire Mobile Home Court. When at least two means of access are established, then an extension of Iowa City Transit service into the subdivision can be 2 considered. This may be the extension of an existing route or could be a new route. Physical characteristics: The site slopes from north to south towards the Snyder Creek Bottom. BACKGROUND INFORMATION: The annexation and rezoning process for the 422-acre Sycamore Farms development was completed in August 1994. Revised preliminary and final plats for Saddlebrook Part 1, were approved in 1996. A site plan for a 222-unit manufactured housing site plan on lot 4 was approved in 1997 (the current application would revise the southeast portion of that plan). A site plan for multi-family buildings has been approved for lot 2, which is zoned RM-20 Medium Density Multi-family. Lot 3 contains a club-house and storage facilities that serve the manufactured housing park and a nonconforming house and farm buildings. Lot 1, which is zoned RM-20, is vacant. The applicant is now requesting a resubdivision to allow the relocation of the not yet built portion of Heinz Road, and the relocation of the east/west parkway. This would also require the redesign of the southwest portion of the manufactured housing park. An additional 68 manufactured housing sites are also included. The proposed subdivision is subject to the Conditional Zoning Agreement (CZA) which applies to the entire Sycamore Farms annexation area. That agreement includes requirements for a mitigation plan designed to protect the Snyder Creek Bottoms wetland area from storm water runoff; dedication of neighborhood open space and payment for all oversize cost except those associated with an east-west parkway. The preliminary/final plat and manufactured housing park site plan as submitted contain deficiencies and discrepancies, which are noted at the end of this report. Revised plans where submitted on July 27. Therefor staff has not had adequate time to complete review of the plans. ANALYSIS: Subdivision Design: The previously approved plats depicted the location of the east/west parkway between lots 4 and 6. The applicant is now proposing that the parkway be relocated to the south of lot 6. The proposed location would follow the top of the ridge that defines the wetlands conservation easement. In addition to this major change the location of Heinz road would be shifted slightly. The manufactured housing park would be redesigned and additional lease lots would be located on lots 5, 6 and 7. The entire manufactured housing park is proposed to contain a total of 290 units. The proposed design would result in several lots with driveways onto Heinz Road, a collector street. Secondary Access: Currently Heinz Road provides the only street access to Saddlebrook. In the future additional access will be provided when the east/west parkway connects Sycamore Street to Highway 6. However construction of the parkway is not in the Capital Improvement Plan and it is unlikely that it will be built in the near term. Therefore secondary access for general traffic circulation and for emergency vehicles is of concern. The City's secondary access guidelines indicate that no more than 2500 vehicles trips per 3 day should be permitted on a collector street without a second means of access. Based on 6 vehicular trips per day estimated from manufactured housing units and apartment dwellings a maximum of 416 dwelling units could be permitted in Saddlebrook prior to a second means of access. The applicant has already received approval to build 156 multi- family dwellings on lot 2. Lots 1 and 3 have the potential for approximately 130 additional units upon site plan approval. With the approval of the current proposal for a total of 290 units on lots 4 and 6, Saddlebrook will have the potential for approximately 575 dwelling units. To assure that secondary access guidelines are adhered to, approval of this proposal should be subject to limitation of 416 dwelling units within the entire Saddlebrook development until such time that secondary access is provided. As a condition of approval staff recommends that the legal papers for the final plat contain a requirement that the applicant provide a quarterly report regarding the number of units constructed or installed within the entire Saddlebrook development. This would include the manufactured housing units as well as units within the multi-family buildings that will be constructed on lots 1 and 2. Once a total of 416 units are established no additional units could be installed or built until adequate secondary access is provided. This agreement will need to be recorded and will need to apply to all lots within Saddlebrook. Heinz Road: When the final plat for Saddlebrook, Part 1, was approved the applicant entered into a legal agreement that specified they would build Heinz Road or provide an escrow for its construction when any additional development occurred. Approval of this current proposal will require construction of the street or establishment of the escrow. The applicant has indicated that earth from the home sites on lot 6 will be used for fill for Heinz Road. Therefore the applicant prefers providing a letter of credit rather than building Heinz Road. The letter of credit will specify that Heinz Road will need to be built with in 6 months of the establishment of 416 dwelling units within Saddlebrook or within 90 days of completion of the east/west parkway which ever comes sooner. If the applicant does not complete Heinz road within these specified timeframes, the City will be able to draw on the letter of credit to build the street. The applicant should provide plans and estimates for construction of Heinz Road. These plans should include the cost of fill. The City will review them and establish the required amount for the letter of credit. The applicant has proposed that Heinz Road be 28 feet wide rather than 31 feet required for collector streets. The subdivision regulations allow for exceptions if the applicant demonstrates that strict compliance would result in poor subdivision design or result in substantial degradation of the natural environment and the Planning and Zoning Commission recommend the exceptions to the Council. Neighborhood Connectivity: The property to the east of Saddlebrook is currently beyond the City limits but within the City's growth area. Therefore it is likely that this area will someday be annexed and developed within the City. The plat as submitted shows only one street (Traekner Lane) providing access to this area between Highway 6 and the east/west parkway. This is a distance of over Y2 mile. To assure good traffic circulation and neighborhood connectivity as described in the Comprehensive Plan, staff believes that Paddock Boulevard should be extended as a local street (50' right-of-way) to provide a connection between Saddlebrook and the future neighborhood to the east. The applicant prefers not to have this connection. As a compromise the applicant has moved the east/west connection from Mustang Lane to Traekner Lane so that it is approximately 2000 feet south of Highway 6 and 1000 feet north of the future parkway. Based on the 4 Comprehensive Plan policy of providing for an interconnected street pattern, staff recommends that another east/west street connection be a requirement of plat approval. This could be at Paddock Boulevard or at another location if Traeker Lane is moved farther south. The site plan provides for a private street access to the RS-8, Medium Density Single- Family, area to the west of Saddlebrook. When the RS-8 area develops, it is likely that a public street will connect to this private street. It is not ideal to have private streets changing into public streets because of concerns about maintenance and traffic control. But in this case, there does not appear to be a good alternative. In absence of such a connection in this area, there would be an approximately ~A mile section between Highway 6 and the parkway with no internal street circulation. This would not be a good situation for emergency vehicles, general traffic circulation or neighborhood connectivity. For these reasons, staff recommends approval of the design submitted. Parkway Design: The future parkway should be included in the plat and the right-of-way dedicated to the City. The parkway will need to be designed to assure that grading for the street does not encroach into the conservation easement for the wetlands. Storm water from the arterial should be discharged into the storm water management area. The mitigation plan was submitted late and it is not clear whether or not it adequately addresses how storm water from the arterial will be treated. The site plan shows the sidewalk on the north side of the parkway meandering between the right-of-way and the private open space adjacent to the street right-of-way. Where the sidewalk is located in the right-of-way it should be consistently one foot from the property line so that there are no conflicts with utilities and there is adequate room for street construction. The legal papers should include a public access easement over the portion of the sidewalk that will be on the private property. There will also need to be a maintenance agreement requiring snow removal and repair of the sidewalk as if it was part of the public street. Mitigation Plan: The conditional zoning agreement for Saddlebrook requires that the mitigation plan be submitted for each phase of the development to show how the wetlands will be protected from storm water runoff. The mitigation plan was just submitted this week. Staff has asked a wetland specialist to review it and provide comments regarding its adequacy. Storm Water Management: The relocation of the parkway will require the redesign of the existing pond located in the southwest corner of lot 6. The previously designed but not yet built pond in the eastern portion of lot 7 has also been redesigned. The storm water management calculations and the mitigation plan should address these revisions. At this point staff has not received the necessary storm water calculations. Open Space: A portion of the required open space is being dedicated in outlots A and B. The Parks and Recreation Commission have indicated that the remaining open space requirements should be dedicated in the western portion of the RS-8 area so that a neighborhood park can be developed adjacent to the South Sycamore storm water facility. Fees: Water main extension fees are required for lots 5,6 and 7. Sanitary Sewer tap-on fees are not required for this area. 5 STAFF RECOMMENDATION: Staff recommends that the preliminary and final plat of Saddlebrook Addition, Part One a 72.5 acre, 4 lot residential subdivision and a manufactured housing site plan for 290 housing units located at Paddock Blvd. and Heinz Road be deferred pending resolution of the deficiencies and discrepancies noted below. DEFICIENCIES AND DISCREPANCIES: 1. The right-of-way for the east/west parkway should be included on the final plat and dedicated to the City. 2. Preliminary storm water calculations must be submitted. 3. The mitigation plan was submitted late. It must be reviewed prior to approval. 4. Legal papers should include a letter of credit, provisions regarding maintenance of the public sidewalk on the north side of the parkway, and covenants regarding the 416-unit limitation until secondary access is provided. 5. A 50' right-of-way for the extension of a local street east of Paddock Boulevard or an acceptable alternative should be included on the plats. 6. Fire hydrants must be located according to space requirements of Uniform Fire Code (UFC Appendix Ill-B). 7. An 8" water main should be shown on Dressage Lane to the future parkway and also on Paddock Circle. An 8" water main should be on Mustang Lane between Heinz Road and Paddock Circle. A 12" water main should be shown on Heinz Raod. ATTACHEMENTS: 1. Location Map 2. Preliminary Plat 3. Final Plat 4. Manufactured Housing Site Plan DK2rtF~a~~; Approved By: f and Community Devolopment Bob/Saddlebrook3 CITY OF IO~:A CITY SITE LOCATION: Saddlebrook Addition, Part 2 SUB00-0001 5 City of Iowa City MEMORANDUM Date: September 7, 2000 To: Planning and Zoning Commission From: Robert Miklo Re: SUB00-0015 Saddlbrook On August 31 the applicant submitted revised plans that include two local street connections to the property to the east. The plats also provide for 31-foot wide paving on Heinz Road south of Paddock Boulevard. Staff is in the process of reviewing the plans to assure that the previously identified deficiencies and discrepancies have been corrected. Provided that the deficiencies and discrepancies are corrected, staff recommends approval of the preliminary and final plat of Saddlebrook Addition, Part Two, a 72.5 acre, 4-lot residential subdivision and a manufactured housing site plan for 290 housing units located at Paddock Boulevard and Heinz Road, subject to staff approval of construction plans and legal aaper prior to City Council consideration of the final plat. City of Iowa City MEMORANDUM Date: September 29, 2000 To: Planning and Zoning Commission From: Robert Miklo Re: SUB00-0015 Saddlebrook The Public Works Department is working with the applicant's engineer to correct technical deficiencies and discrepancies on the plan and plats. Assuming that the deficiencies and discrepancies are corrected prior to the Commission's October 5 meeting, staff recommends approval of the preliminary and final plat of Saddlebrook Addition, Part Two, a 72.5 acre, 4-lot residential subdivision and a manufactured housing site plan for 290 housing units located at Paddock Boulevard and Heinz Road, subject to staff approval of construction plans and legal paper prior to City Council consideration of the final plat. Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT AND MANUFACTURED HOUSING SITE PLAN' OF SADDLEBROOK ADDITION, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk the final plat and manufacture housing site plan of Saddlebrook Addition, Part 2, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the follow. ing-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the NW 1/4, Section 25; the W 1/2, NE 1/4, Section 25, except the east 660.05 feet thereof; the W 1/2 SE 1/4, Section 24 lying south of Highway No. 6 (formerly Lower Muscatine Road, formerly Wyoming Road), except the east 660.05 feet thereof; all located in Twp. 79 N., R. 6 W., of the 5th P.M., Iowa City, Iowa being part of the same realty described in Book 1036 - Page 193 Johnson County Recorder's Office, described as follows: Beginning at a 5/8" rebar at the SE corner of Bon Aire Mobile Home Lodge as described in Book 1035 - Page 422 and Plat Book 2 - Page 127; thence N88°36'12"E - 25.00 feet along the north line of Lot 4 of Saddlebrook Addition, Part 1, Iowa City, Iowa according to the plat recorded in Plat Book 37, Page 94 of the Johnson County Recorder's records to a 5\8" rebar marking the common quarter corner between said Sections 24 & 25; thence N88°23'21"E - 176.02 feet along the north line of said Lot 4 & the common line of said Section 24 & 25; thence N70°04'20"E - 178.06 feet to the northeast corner of said Lot 4; thence southeasterly 70.72 feet along a 2007,00 foot radius curve of the Heinz Road right-of-way, concave easterly with a central angle of 2°01 '08" and a chord of S19°30'35"E - 70.71 feet; thence S20°31 '09"E - 75.18 feet along said right-of-way; thence N69°28'51 "E - 66.00 feet along said right-of-way; thence N20°31 '09"W - 75.18 feet along said right-of-way; thence northwesterly 235.84 feet along a 1941.00 foot radius curve of the Heinz Road right-of- way, concave easterly with a central angle of 6o57'42" and a chord of N17°02'18"W - 235.70 feet to the southwest corner of Lot 2 of said Saddlebrook Addition, Part 1; thence S89°51 '28"E - 298.49 feet to the southeast corner of said Lot 2 and a point on the west line of the East 660.05 feet of the W1/2 SE 1/4 of said Section 24; thence S0°17'37"'W - 228.34 feet to the southwest corner of said East 660.05 feet of the W 1/2 SE 1/4 said Section 24; thence S0°02'21 "E - 1561.21 feet along the west line of the East 660.05 feet of the W1/2 NE 1/4 of said Section 25; thence S67°52'28"W - 281.44 feet; thence westerly 678.53 feet along a 1045.00 foot radius curve, concave northerly, with a central angle of 37°12'10" and a chord of S86°28'25"W - 666.67 feet; Resolution No. Page 2 thence N75°02'01 "W - 509.92 feet; thence westerly 650.59 feet along a 955.00 foot radius curve, concave southerly, with a central angle of 39°01 '58" and a chord of S85°27'00"W - 638.09 feet; thence N0°09'O2"W - 707.22 feet to the southwest corner of Lot A of said Saddlebrook Addition, Part 1; thence N0°09'02"W - 865.42 feet to the northwest corner of said Lot A; thence N88°21 '05"E ~ 86.03 feet to the southwest corner of said Bon-Aire Mobile Home Lodge; thence N88°36'12"E - 1,290.05 feet to the Point of Beginning. Said tract contains 77.651 Acres, more or less. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and manufactured housing site plan, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and manufactured housing site plan and recommended that said final plat, subdivision, and manufactured housing site plan 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 manufactured housing site plan are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAf: 1. The said final plat and manufactured housing site plan located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of , 2000. MAYOR "City'A'to~~ ATTEST: '- CITY CLERK Z ppdadmin~'est~addlebrk2,doc 12-19-00 7b Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-417 RESOLUTION AUTHORIZING CONVEYANCE OF THE ENGLERT THEATRE PROPERTY TO ENGLERT CIVIC THEATRE, INC., AN IOWA NON-PROFIT CORPORATION,. WHEREAS, on February 8, 2000, the City of Iowa City purchased the Englert Theatre properly located on Washington Street in Iowa City, Iowa, and legally described as the West 63 feet of Lot: 2, Block 65, Iowa City, Johnson County, Iowa (hereina~er "Englert Theatre property") in order to enable the creation of a community performance space in downtown Iowa City; and WHEREAS, the City gave said community group the option to purchase the property at a price of $500,000 for a period of nine months or until November 8, 2000; and WHEREAS, the City Council believes it is in the best interest of the City of Iowa City to sell the, Englert Theatre property to Englert Civic Theatre, Inc., an Iowa Non-Profit Corporation, on. contract with a downpayment of $100,000 and four annual payments of $100,000 each on the terms set forth in the attached real estate contract which is contingent on City Council approval, and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA. CITY, IOWA, THAT: 1. The City Council does hereby authorize the Mayor and City Clerk to execute all documents necessary to convey the City's interest in the Englert Theatre property to Englert Civic Theatre, Inc., an Iowa Non-Profit Corporation, upon the direction of the City Attorney. Said conveyance shall be in accordance with the terms set forth in the attached real estate contract, incorporated by reference herein. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this ].9th day o~ ,2000. ") C ty y /Z -~ eleanor/res/englert Res Auth Conveyance.doc Resolution No. 00-417 Page 2 It was moved by 0'Donnel '1 and seconded by Wi ] bu~'n 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 Official Form NO 143 THIS FORM, CONSULT YOUR LAW'fER Preparer Information Thomas H. Gelmart, P.O, Box 2t50, Iowa City, (319) 354-1104 Indiwduars Name Street Address City Phone ff~, SPACE ABOVE THIS LINE "" Address Tax Statement: 21 l E. Washmgton Street lov,,'a City, Iowa 52245 FOR RECORDER REAL ESTATE CONTRACT (SHORT FORM) IT IS AGREED between Cny of Iowa City. Iov./a, a municipal corporatzon ("Sellers"). and Englen Ctvic Theatre, inc. an Iowa non-profit corporation ("Buyers") Sellers agree to sell and Buyers agree Io buy real estate m Johnson County Iowa. descnbe~ as (See Exhibit "A" Artached hereto) Subject to easements, covenants and restrictions of Record; wtth any easements and appurtenant serwent estales, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities. roads and highways; and d. (consider: liens; mineral rights; other easements; interesl of others.) no others (the "Real Estate"), upon Ihe following terms: 1 PRICE. The total purchase price for the Real Estate is Seven Hundred Thousand and 0/100 Dollars ($ 700,000.00 ) of which No and 0/100 Dollars ($ 0.00 ) has been paid Buyers shall pay the balance Io Sellers at Johnson County, Iowa or as directed by Sellers, as follows: a). $300,000 at the time of Closing by payment of $100,000 in cash and a credit from the Seller of $200,000; b). $100,000 on the first, second, third and fourth anniversary dates of the Closing Date; c). Buyer may prepay at any time. 2 INTEREST. Buyers shall pay interest from NA on the unpaid balance. at Ihe rate of NA percent per annum. payable Buyers shall also pay interest at the rate of 8 percent per annum on all delinquent amounts and any sum reason- ably advanced by Sellers to proled their interest in this contract, computed from the date of Ihe delinquency or advance. 3. REAL ESTATE TAXES. Sellers shall pay a prorata share of the July 1, 2000 - June 30, 2001 fiscal year real estate taxes, if any, prorated on a daily basis to tile date of closing, for and any unpaid real eslale taxes payable iR prior years Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for Ihe year currently payable unless the padies state otherwise. 4 SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of;l~tXs c~A~f~X~: Closing All other special assessments shall be paid by Buyers 5 POSSESSION CLOSING. Sellers shall give Buyers possessaon of the Real Eslate on Or before December 30 2000 , provided Buyers are nol in defaull under Ihis contract Closing shall be on or before December 30 2000 6. INSURANCE. Sellers shall maintain existing insurance upon Ihe Real Estate until the date of possession. ~;Qfil~J~.t:~x.4~4d~/S~l~l~r~ol~ci,1~Y~~~.~e~ls. After possession and until full payment of the purchase price, Buyers shall keep Ihe improvements on Ihe Real Estate insured against loss by fire. tornado. and extended coverage for a sum not less than 80 percent of full insurable value payable to the Sellers and Buyers as their interests may appear Sellers' roterest shall be protected in accordance with a standard or union-type loss payable clause. Buyers shall provide Sellers wilh evidence of such insurance Th~ Iowl Stile Bie AiiOc, Jah~ 143 REAL ESTATE CONTRACT {SHORT FORM 7 ABSTRACT AND TITLE. Sellers. al Ihe~r expense. shall promptly obtmn an abstract of title to the Real Estate continued Intough .U~i~J~]l~j~.~),~t~-~ct at least December 1, 2000 , and deliver it to Buyers for examination. II shall show merchantable title ~n Sel!ers tn or conformity with this contract. Iowa law and the Title Standards of the Iowa State Bar Association The abstract shall become Ihe property of the Buyers when Ihe purchase price is paid in full. however. Buyers reserve Ihe right Io occasionally use Ihe abstract prior to fuli payment of the purchase price. Sellers shall pay the costs of any additionaI abstracfing and nile work due Io any act or omission of Sellers, including transfers by Or the death of Sellers or Iheir assignees 8 FIXTURES. Atl property that inlegralIy belongs to or ~s part of the Real Estate, whether atlached or delachee. such as IK:jhl hxtures, shades, rods. b inds. awn n~s. windows slorm doors screens plumbin9 fixtureS, water heaters. water softeners, aulomatic healing equipmenl. air conddioning equip'ment. wall to ~all carpeiing. built-m items and electrical service Cable. outside lelevision towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items.) g CARE OF PROPERTY. Buyers shall take good care of the properly; shall keep the buildings and other improvements now or later ptaced on the Real Estate in good and reasonable repair and shaft not injure destroy or remove the pro erty during the lerm of Ih,S conlract B~i.,~.~'txl~ja~xq}.~A.q<~~i~W~xtg,;:t~x~R~4~t.t~Xv~R~~R~;lers, 10 DEED. Upon payment of purchase price. Sellers shall convey Ihe Real Estate to Buyers or their assignees, by WaPranty deed, free and clear of all liens. restrictions. and encumbrances except as prowded herein Any general warranties of bile shall extend only to the dale of this COntract, with special warranties as to acts of Sellers continuing up to time of deliveP/of the deed 11 REMEDIES OF THE PARTIES. a If Bu ers fad to timely perform this contract Sellers may at Sellers' option forfeit Buyers~ nghls in th s contract as provided in the Iowa ~ode, and all payments made by Bu~;ers shall be 'forfeited. If Buyer's fail Io timely perform this contract Sellers, at their option. ma elect to declare Ihe entire balance immediately due and payable after such notice, ~f any. as may be required by Chapter 654. The ~ode Thereafter this COntract may be foreclosed in equit and the COurt may appoint a receiver to lake immediate possession of the property and of the revenues and income accruing IhereYrom and to rent or cultivate Ihe same as the receiver may deem best for the inlerest of all parties concerned+ and such receiver shall be liable to aCCount to Buyers only tot the nef profits. after apphcalion of rents, issues and proffls from the costs and expenses of the receivership and foreclosure and upon the conlract obligation. It is agreed that d Ibis Contract Covers tess than len (10) acres of land, and in the event of the foreclosure of this conlract and sa~e of the property by sheriffs sale in such foreclosure proceedings, the lime of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers. in such action file an election to wane any deficiency 'udgmenl against Buyers which may arise out of the foreclosure proceedings; all to be Consistent with the provisions of Chapter 6~8 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such righi of redemption shall be exclusive to the Buyers. and the lime periods in Sections 628.5, 628.15 and 62816 of the Iowa Code shall be reduCed to four (4) months It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixt~, (60) days if all of the three following contin encies develop: (1} The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the sa~d real estate has g~en abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an elecbon to waive any deficiency judgment against Buyers or their successor in roterest in such action If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days alter such sale. and the time provided for redemption by creditors as provided in Sections 6285, 628.15 and 628.16 of the Iowa Code shall be reduced to fody (40) days. Enm/of appearance by pleadin or docket entry by or on behalf of Buyers shall be presum tion that the prope~'ty is not abandoned, Any such redemption period shal~ be consistent with all of the provisions of Chapter 628 oFthe Iowa Cede. Th~s paragraph shall not be construed to limit or otherwise affect any other redemplion provisions contained in Chapter 628 of the Iowa Code. b, If Sellers fail to timely perform their obligations under this contract. Buyers shall have the right to terminate this COntract and have all payments made returned to them. c Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. d. In any action or proceeding relating to this contract the sucCessful party shall be entitled to receive reasonable altomey's fees and costs as permitted by law, 12 JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers. immediately preceding this contract. hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed b operation of law or by acts of Sellers. then the proceeds of this sale. and any continuing or recaptured rights of Sellers in the Real ~state. shall belong to Sellers as Joint tenants with full dght of survivorship and not as tenants in COmmon; and Bu rs. in the event of the death of either Seller, agree Io pay any balance of the price due Sellers under this contract to the surviving ~;ller and tO accept a deed born the surviving Seller consistent with paragraph 10. 13. JOINDER BY SELLER'S SPOUSE. Selle~'s spouse. if not a titleholder immediately preceding acceptance of this offer. execu- tes this contrad only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in COmpliance with Section 561.13 of the Iowa Code and agrees to execute the deed for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. COntract includes the sale of any personal prope . Buyers grant the Sellers a security interest 15. PERSONAL PROPERTY. If this execute the necessaPf financing statements and~t~liver them to Sellers. ,n the personal propert-/and Buyers shall 16. CONSTRUCTION. Words and phrases in this contract shall be construed as in the singular or plural number. and as masculine. feminine or neuter gender. according to Ihe context, 17. RELEASE OF RIGHTS. Each of the Buyers hereby relinquishes all rights of dower, homestead and distributive share in and to the property and wanes all rights of exemption as to any of the property. 18 ADDITIONAL PROVISIONS. See Addendum attached hereto. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. Dated: ,.~ Dated: , City of Iowa , Iowa, Seller EnglertI Civic T~eatre Ing~ Buyer ,title '/" , ':)" ' ,title SELLERS ,title STATE OF , COUNTY OF , ss: This tnslrument was acknowledged before rne on by. · Notary Pubhc EXHIBIT "A" 'FIle West 63 feet of Lot 2, Block 65, Iowa City, Iowa, together with and subject to easements and restrictions of record Further. in order to protect the legitimate business interests of the Grantor and its assigns and successors in the operation of motion picture theatres in Johnson Count>', Iowa, the above described property will not be used as an auditorium or theatre that shows motion pictures on film, electronic or satellite transmission. This covenant shall run with the land for the benefit of the Grantor, its assigns and successors in interest and shall be binding upon the Grantee as well as heirs, assigns and successors in interest of the Grantee. Nothing herein stated shall prevent an occasional non-commercial film, video, electronic or satellite transmission which is not offered to tile general public. ADDENDUM TO REAL ESTATE CONTRACT City of Iowa City, Iowa, Seller / Englert Civic Theatre, Inc., Buyer A. APPROVAL CONTINGENCY. This contract is subject to and conditioned upon formal approval by the City Council of the City of Iowa City, Iowa, on or before December 20, 2000. In the event approval does not occur on or before such date, this contract shall become null and void. B. DUE ON SALE. Upon sale of the real estate by Buyer, the then remaining contract balance shall become immediately due and payable to Seller. Any sale shall be subject to the Right of First Refusal set out below. C. DAMAGE OR DESTRUCTION PRIOR TO CLOING. If prior to closing and transfer of possession improvements on the real estate are damaged by fire, storm, or other casualty and can reasonably be repaired within 90 days after the scheduled closing date, then i) Seller shall complete such repairs and restore the improvements, and the Closing Date shall be extended to accommodate such repairs and restoration; or, at Buyer's option, ii) Buyer may agree to accept the insurance proceeds from the Seller's coverage for such damage, accept the improvements in their damaged condition and proceed with closing on the contract. In the event pre-closing casualty damage to improvements cannot reasonably be repaired within 90 days after the scheduled closing date, Buyer shall have the option to either i) accept the insurance proceeds from the Seller's coverage for such damage, accept the improvements in their damaged condition and proceed with closing on the contract, or ii) terminate this contract. Buyer shall exercise its options under this paragraph by giving written notice to Seller within 10 days after the determination of available insurance coverage for incurred casualty damage. D. IMPROVEMENTS After Closing, Buyer may renovate and improve the real estafe without Seller's prior written approval except as normally required under city ordinances. E. RIGHT OF FIRST REFUSAL. Buyer, in exchange for good and valuable consideration, does hereby grant to Seller a Right of First Refusal in connection the real estate being purchased under this Contract. Said Right of First Refusal shall be subject to the following terms and conditions: 1. For a period of 8 years after Closing on the Buyer's purchase of the real estate from Seller, if Buyer receives and is willing to accept a bona fide written offer from a third party to purchase the real estate, Buyer shall promptly transmit to Seller a Right of First Refusal Offer to sell the real estate back to Seller, together with a tree copy of such bona fide offer. 2. Buyer's Right of First Refusal Offer to Seller shall be for the same price and terms as the bona fide third party offer, except that the purchase price shall reduced according to the following schedule: During the l'~ year after closing date, reduced by ¢" 1 ~,000 2.7. During the 2~d year after closing date, reduced by S228,000 Z During the 3rd year after closing date, reduced by $242,000 l, During the 4m through 8m years after the closing date, reduced by $-;~56-r0~ 2. 3. Buyer's First Right of Refusal Offer shall be made to Seller in writing and shall be considered given upon actual receipt by the City Manager of Buyer. 4. If Seller does not within 30 days after completed notice, accept such Right of First Refusal Offer without any condition other than those conditions contained in the bona fide offer, then Buyer may, within a period ending 90 days after the closing date as specified in the third party offer, sell the interest to a third party offeror upon the terms and conditions contained in the bona fide offer. If Buyer does not complete the sale to the bona fide offeror within said 90 day period, then the sale of the real estate will again become subject to this Right of First Refusal. 5. If Seller accepts Buyer's First Right of Refusal Offer by written notice given to Buyer within the time permitted, the Offer and Acceptance shall constitute a contract for the sale by Buyer and the purchase by Seller of the real estate at a closing to be held within 45 days following the receipt by Buyer of Seller's notice o f acceptance. 6. During said 45 day period, Buyer shall provide to Seller a currently continued Abstract of Title showing marketable title in Seller free and clear of all liens and encumbrances, except those that may be satisfied at the date of closing (but subject to all easements, covenants and restrictions of record. 7. On the date of purchase under an exercised Right of First Refusal, Seller shall pay to Buyer the purchase price, or any balance thereof remaining due, in consideration of which Buyer shall deliver to Seller possession of the real estate and a warranty deed. Buyer shall pay all usual and customary expenses of sale, including, but not limited to, any sales commission, transfer tax, abstracting fees, Buyer's legal fees, real estate taxes due and payable, and a proration of the real estate taxes accrued to the date of transfer of possession; and Seller shall pay all usual and customary expenses of purchase, including, but not limited to, recording fees and Setler's legal fees. 8. This Right of First Refusal shall not apply to any transfer in lieu of foreclosure or judicial sale in satisfaction of a mortgage lien. STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) On this'~4 v'-day of November, 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 3o ~,4 ,q~ Z',-~r,.,.e--¢ and D,"J-'~ ~ C2~e~'c ~2 to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of the corporation executing the within and foregoing instrument; that said instrument was signed on behalf of the corporation by authority off its Board of Directors; and that ~u,z-(~ ,~ c7~'~,'-~'''~ and .t.~ as such officers acknowledged the execution of the foregoing instrument to be the voluntaU' act and deed of the corporation, by it and by them voluntarily executed. N~~ for said State ,.i) STATE OF IOWA ) COUNTY OF JOHNSON ) On this day of November, 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Emest W. Lehman and Marjan K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk 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 said Statd IOWA CITY TELECOMMUNICATIONS COMMISSION MONDAY, OCTOBER 23, 2000 - 5:30 PM CIVIC CENTER LOBBY CONFERENCE ROOM MEMBERS PRESENT: Betty McKray, Jim Pusack, Terry Smith, MEMBERS ABSENT: Steve Hoch, Cathy Weingeist STAFF PRESENT: Drew Shaffer, Dale Helling, Bob Hardy, Mike Brau OTHERS PRESENT: Rick Karnes, Lanae Juffer, Jason Livingston, Rene Paine RECOMMENDATIONS TO COUNCIL None at this time. SUMMARY OF DISCUSSION Juffer reported that AT&T increased the number of subscribers by over 1000 in the third quarter. Beginning November 1 the packaging of the basic and expanded basic tiers will be combined into "standard cable". The basic tier will continue to be offered separately, but bills will combine the two with a parenthetical note that it combines the two tiers. Paine reported that over 50 local artists have donated work for PATV's art auction fundraiser to be held Saturday Oct. 28 from 10 a.m.-4 p.m. at the United Methodist Church. PATV will hold their annual membership meeting November 15 at 6:30 at Meeting Room A of the public library. A board member will be elected, videos shown, and awards presented. Hardy reported that over the past month 70% of all programs on the City Channel were community-related. 21 nonprofit organizations worked with the City Channel in the last month. Shaffer reported on some ideas for outreach in addition to purchasing the digital tier program listing service. Shaffer said he knows of no other way to reach as many subscribers for the money than the digital tier program listings. Smith and Pusack said, and the Commission reached consensus that the 1/3 community programming requirement in PATV's contract should be judged by the total cablecast time, not the total number of programs. The Commission agreed that the viewing area should be considered the community for community programming purposes. The Commission also agreed that Access Update and the telethon would qualify as community programming but Open Channel would not. In regard to the new space for the City Cable TV Office, Helling said there are several sources of funding for the facility. There is $200,000 received in a legal settlement and about $150,000 in equity in the current space, which will be sold back to the City. The pass-through fund has been setting aside $25,000 a year for a facility and will have about $125,000 in February. In addition, about $50,000 has accrued in interest from the $200,000 settlement. The cable TV fund balance will make up the rest, even though it will probably be be drawn down more than desired. The total cost is estimated to be about $675,000, including $425,000 for the shell and $250,000 for finishing costs. This would seem to be a reasonable use of funds given it is an equity investment, which is what was always discussed, especially in terms of the pass-through fund. The value of the property should appreciate over time. The Commission reached consensus to encourage the City Cable TV Office to pursue the low power FM radio license. community programming totals. Programs such as Open Channel, while provided by PATV, should not as each participant should be considered the producer for the segment they are in. The content of the program is not about PATV and its activities. PATV's recent telethon contained segments, such as performances that could be considered community programming. The telethon is an unusual situation and likely will not be a factor in the future. Smith said he agrees with Paine's perspective. The Commission agreed that Access Update and the telethon would qualify as community programming but Open Channel would not. CNEW CABLE DIVISION SPACE D Shaffer referred to the memo included in the meeting packet and said that there is value for the Cable TV Office to be located close to the Civic Center. This is a difficult factor to attach a dollar figure. Pusack asked what value is gained by being close to the Civic Center and what are the costs for facilities in locations further away. Shaffer said that the City is the cable division' s primary client and city staff are the people that the cable division needs to work with on a consistent, day-to-day basis. In addition, the community members make up a large constituency and most of them are in the downtown area. Helling said the City has a desire to have as many City facilities as close together as possible. Shaffer said that the cost of the new facility is about $175 per square foot. Purchasing the Ambrisco Insurance building was considered for purchase at one time. The cost for it was about $525,000 and it was too small and was going to have to be enlarged. Shaffer said there would also have been a substantial cost, about $15,000 per mile, to connect to the cable plant from that location. The downtown location benefits from being in close proximity to the existing cable. Helling said there are several sources of funding for the facility. There is $200,000 received in a legal settlement and about $150,000 in equity in the current space, which will be sold back to the City. The pass-through fund has been setting aside $25,000 a year for a facility and will have about $125,000 in February. In addition, about $50,000 has accrued in interest from the $200,000 settlement. The cable TV fund balance will make up the difference, even though it will probably be drawn down more than desired. The total cost is estimated to be about $675,000, including $425,000 for the shell and $250,000 for finishing costs. This would seem to be a reasonable use of funds given it is an equity investment, which is what was always discussed, especially in terms of the pass-through fund. The value of the property should appreciate over time. McKray said she liked the joint facility concept and it is unfortunate that it will not work out at this time. Smith said he has a concern that the pass-through funds dedicated to a new facility had been said to be for PATV as well and there may be a perception that the City is taking all the funds. Helling said that PATV is not involved in the space, but the new space does accommodate 3 of the 4 players-the City Channel, the Community Television Service and by virtue of the proximity to the Senior Center, Senior Center TV. What is being proposed is to use the funds that have accumulated so far. $25,000 per year will continue to be set aside for each of the next five years. McKray said she had no problem with the arrangement given that PATV and the other access channels have an opportunity to share in those funds in the future. LOW POWER FM RADIO Shaffer said that the City' s proposed low power FM radio channel would enhance the City's public information program. Many of the programs now being cablecast on cable TV would also be broadcast over radio. The station would reach nearly all of Iowa City. The City would also like to play some of the programs from the other access channels. The filing window for the license 12-19-00 J 8b Prepared by: Kumi Mords, Engineering Division, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO, 00-418 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CITY OF IOWA CITY CABLE TV DIVISION OFFICES 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 proiect are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above.- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 16th day of January, 2001, 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 16th day of January, 2001, 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 19th day o~r ~//~/g~~ AppFoved by pwengVestableoffices.doc Resolution No. 00-418 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: X Champion x Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn City of Iowa City MEMORANDUM Date: December 12, 2000 To: City Council /Funding Source" From: Dale Helling, Assistant City Manager Fie: Cable Division Space in Tower Court - Project ' The current total estimate for the above-referenced project is $710,000, which includes purchase of the commercial condominium space at the market rate, finishing off the interior space to the specifications of the Cable Division, and architectural consultant fees. Funding for this project is available as follows: 1. Franchise renewal payment from TCh $200,000 This amount has been reserved since 1996 for funding a portion of a new facility. It is fully available only because the cost of consulting fees for franchise renewal was absorbed by the Cable Division operating budget. Interest on the $200,000 has accrued to the operating fund balance (see #4 below) and is estimated at about $50,000. 2. Sale of the current Cable space back to the General Fund: $152,000 When the North Court addition was constructed, $125,000 of the construction cost was covered by the Cable Division for its current space. We have applied a 2.5% annual appreciation factor to determine a comparable value today of approximately $152,000. 3. Pass-through revenue: $125,000 The cable franchise provides for a $.50 per month per subscriber pass-through amount to help fund local access. We had ear-marked $25,000 per year of that revenue (total: $250,000 over 10 years) to go toward a joint programmin9 facility. We have collected half of this total amount over the first five years of the franchise and are proposing to apply these funds toward the project. Cable Division Space in Tower Court - Project Funding Sources December 13, 2000 Page 2 4. Cable Division Operating Fund Balance: $232,000 This includes approximately $50,000 interest as noted in #1 above. The fund balance has been allowed to grow over the years in anticipation of the need to purchase space, and we are confident that we can absorb this cost and still maintain a balance at or above three months' operating expenses, which corresponds with the quarterly payment of franchise fees to the City by AT&T. Such a balance guarantees that we will have continued cash flow for Division operations. TOTAL: $710,000 Staff will be present at the public hearing on the plans and specifications for this project to answer any other questions you may have. cc: Drew Shaffer, Cable Administrator Iowa City Telecommunications Commission mgr/asst/mem/cableSdoc I0 ~f24 CI2~}'' 5~%',"~fi"'"~IHIGHWAY 6 SIDEWALH TRA~L BUDGETEDFOR2002 ~,LK and DRAINAGE PROJECTS Prepared by: Ross Spitz, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 00-419 RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 6 CORRIDOR IMPROVEMENTS PROJECT, STP-U-3715(615)--70-52, AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS. WHEREAS, this project consists of installing storm sewer along the south side of U.S. Highway 6 from Broadway Street west to the Iowa River, and at the intersection of Sycamore Street and Highway 6; and WHEREAS, this project will be bid by the Iowa Department of Transportation (IDOT); and WHEREAS, bids will be accepted on February 27, 2001, at 9:00 a.m., Ames, Iowa at the Department of Transportation; and - 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, and estimate of cost for the above-named project are hereby approved. 2. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids to be let by the IDOT, for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. Passed and approved this 19th day o'~~,, ,20 O0 C~M/~OR· ' , rove CI City Attorney's Office pwengVes~wy6corridor.doc 12/00 Resolution No. 00-419 Page 2 It was moved by O' Donnel 1 and seconded by W'i 1 burn 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 Prepared by: Daniel Scott, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5144 RESOLUTION NO. RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE COURT HILL TRUNK SANITARY SEWER PROJECT. WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the Court Hill Trunk Sanitary Sewer Project ("Project") which includes upgrading and repairing a sanitary sewer along Ralston Creek from Court Hill to Scott Park; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, McClure Engineering Co., has determined the location of the proposed Project; and WHEREAS, City and Consultant staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is the City's intent to proceed with the Court Hill Trunk Sanitary Sewer Project. 2. The City Council finds that it is in the public interest to acquire property ~ights necessary for the construction of the Court Hill Trunk Sanitary Sewer Project ("'Project"), which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of' the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. Resolution No. 00-420 Page 2 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this ~-9th day of December' ,20 00 City Attorney's Office It was moved by 0'Donnell and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanne~' X Lehman X 0 ' Donnel 1 X Pfab X Vander'hoef X Wilbur'n pweng/res/courthil3 .doc 12-19-00 12 Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437 RESOLUTION NO. 00-421 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE IOWA AVENUE STREETSCAPE PHASE II PROJECT. WHEREAS, All American Concrete, Inc. of West Liberty, Iowa has submitted the lowest responsible bid of $2,457,469.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to All American Concrete Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this :~gth day of December~ ,20 O0 pweng~res~iowaveph2.doc 12/00 Resolution No. 00-421 Page 2 It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: ABSTA ]: N: X Champion X Kanner X Lehman X O'Donnell 'z Pfab Vanderhoef X X Wilbum City of Iowa City MEMORANDUM Date: December 13, 2000 To: City Council and City Manager From: Rick Fosse, City Engineer ~ Re: Iowa Avenue Streetscape Phase II Public Works and Engineering recommends awarding the Iowa Avenue Streetscape, Phase II Project to All American Concrete, Inc., as the lowest responsible bidder. Although Peterson Contractor's Inc., submitted the lowest bid, it does not meet the contractual requirement that the prime contractor's own organization perform at least 50% of the work. The requirement that the prime contractor perform at least 50% of the work is standard for most Iowa City and Iowa Department of Transportation contracts. It exists because many project delays and problems are caused by coordination and mobilization issues related to subcontractors. Simply stated, the greater the amount of work that is subcontracted the greater the opportunity for conflicts and delay. Also, when more than 50% of the work is subcontracted it is a good indication that a particular project does not fall within the area of expertise of the prime contractor. The Iowa Avenue Streetscape project is the most complicated and comprehensive of the recent downtown projects. It entails reconstructing the pavement and sidewalks across the full width of the right-of-way virtually from building face to building face. It also includes replacement of the water main and sanitary sewer as well as reconstruction of portions of the storm sewer. The impact to area businesses will be significant making this a highly demanding project for the contractor to manage. It is important that the requirements for contractor selection be followed to insure the best chance of success for this project. The low bid was $2,415,000 from Peterson Contractor's Inc., and the second low bid was $2,457,469 from All American Concrete Inc. The Engineer's estimate for this project was $2,509,145. Cc: Chuck Schmadeke Eleanor Dilkes Publish 11/27 ADVERTISEMENTFOR BIDS IOWA AVENUE STREETSCAPE- PHASEIIPROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. (by City Clerk's Clock) on the 12th day of December, 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. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 19th day of December, 2000, or at such later time and place as may be scheduled. The Project will involve the following: The proposed project includes construction of Portland cement concrete street paving, concrete paver installation, Portland cement concrete sidewalk paving, together with necessary grading; construction of storm sewers, sanitary sewer, water main; construction of street light bases and related wiring, and related work on Iowa Avenue in Iowa City, Iowa. Major bid items include approximately 6,200 S.Y. 8-inch P.C.C. pavement, 37,400 S.F. of 6-inch sidewalk P.C.C. pavement, 35,250 S.F. of concrete pavers, 1,300 L.F. of sanitary sewer, 8 manhole structures, 7 intake structures, 1,500 L.F. of water main, 20 Decorative lights, footings and bases, and 210 tree grates. All work is to be done in strict compliance with the plans and specifications prepared by Brian Clark and Associates of Des Moines, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract AF-1 documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Total Project Working Days: 120, counting Saturday Specified Start Date: May 14, 2001 Liquidated Damages: $500 per day Incentives: $500 per day for completion of project before 120-day work schedule. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of City of Iowa City, Engineering Department, Iowa, by bona fide bidders, A $60 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (51 5) 242-4721. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal AF-2 resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-3 12-19-00 13 Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5437 RESOLUTION NO. 00-422 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE ROCHESTER AVENUE PCC PAVEMENT REHABILITATION PROJECT. WHEREAS, Cedar Falls Construction Co., Inc. of Cedar Falls, Iowa has submitted the lowest responsible bid of $199,805.03 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Cedar Falls Construction Co., Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 19th day of DecernbeY' ,2000. pwengVesVochesterpcc3.doc 12/00 Resolution No. 00-422 Page 2 It was moved by Pfab and seconded by Champion 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 Wilburn /? Publish 11/27 "" ADVERTISEMENT FOR BIDS ROCHESTER AVENUE PCC PAVEMENT REHABILITATION PROJECT Sealed proposals will be received by the City Clerk according to the City Clerk's clock of the Cit~' of Iowa City, Iowa, until 10:30 A.M. on the 12t day of December, 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. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 19th day of December, 2000, or at such later time and place as may be scheduled. The Project will involve the following: 850 SY PCC Full-depth patching, 13,900 SY Diamond Grinding, 940 SF PCC Partial Depth Patching, 19,000 LF Joint and Crack Sealing and associated work. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, of Iowa City, Iowa, which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by AF-1 the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 45 Work to be Completed: Between June 1st, 2001 th and August 10 , 2001 Liquidated Damages: $200 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifi- cations and form of proposal blanks may be secured at the Office of the City of Iowa City, Iowa, by bona fide bidders. A $25 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK AF-2 Prepared by: Ron Logsden, Transit, 410 E. Washington SL, Iowa City, IA 52240, (319)356-5154 RESOLUTION NO. 00-423 RESOLUTION REJECTING BIDS RECEIVED ON DECEMBER 13, 2000 FOR THE TRANSIT INTERCHANGE PROJECT, PHASE 2. WHEREAS, bids were received on December 13, 2000 for the Transit Interchange Project, Phase 2, and the lowest bid exceeded the Engineer's Estimate by $51,000.00, and WHEREAS, the Department of Public Works recommends that the Council reject all bids and set a public hearing on revised plans and specifications for the project which will reduce the cost thereof. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that all bids received on December 13, 2000 for the Transit Interchange Project, Phase 2, are rejected. Passed and approved this 19th day of Dec bet' ,20 00 City Attorney's Office It was moved by Pfab and seconded by Champ.i, on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn transi[~res\lransitinterch.doc ADVERTISEMENT FOR BIDS IOWA CITY TRANSIT INTERCHANGE FACILITY PHASE II PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.n~ on the 13th day of December, 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. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 19th day of December, 2000, or at such later time and place as may be scheduled. The Project will involve the following: Masonry, steel construction, interior building construction, mechanical and electrical installation. All work is to be done in strict compliance with the plans and specifications prepared by Shoemaker & Haaland Professional Engineers, of Coralville, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council' s award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall AF-1 also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 60 Specified Start Date: January 29, 2001 Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Shoemaker & Haaland Professional Engineers, 160 Holiday Road, Coralville, Iowa, by bona fide bidders. A $50.00 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Shoemaker & Haaland Professional Engineers. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK Prepared by: Marcia Klingaman, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 00-424 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE NORTH PADS OF THE DOWNTOWN PEDESTRIAN MALL AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and WHEREAS, a Call to Artists was distributed for sculptors to propose sculptures for three locations on the downtown pedestrian mall; and WHEREAS, the City Council affirmed the selection of Christoph Spath's Solar Marker II and a compatible commissioned work for the two North Pads located at the intersection of Washington and Dubuque Streets at their October 17, 2000 meeting by adoption of Resolution No. 00-352. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement between the City of Iowa City and the artist Christoph Spath for the design, fabrication, and the installation of the two sculptures for the north pads of the pedestrian mall, 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 ].gth day of DecernbeY- ,20 00 . city It was moved by Champion and seconded by Vand~rhnpf 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 CITY OF IOWA CITY PUBLIC ART PROGRAM PEDESTRIAN MALL - NORTH PAD SCULPTURES AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENTismadeon December 19,2000between the City of Iowa City, hereinafter referred to as the OWNER, and Christoph Spath, 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. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted the proposal for Solar Marker II and one conceptual proposal for a complimentary sculpture created by the ARTIST, for installation at the two NORTH PADS located on the downtown Iowa City Pedestrian Mall. Said sculptures are hereinafter collectively referred to as ART WORK. 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. 1.2 Execution of the Work a. The ARTIST shall present a refined proposal for Solar Marker II and the complementary sculpture for approval by the COMMITTEE by January 1, 2001. The refined proposal will be reviewed by the COMMITTEE and a copy of said proposal signed by the OWNER'S REPRESENTATIVE shall be provided to the ARTIST. 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 OWNER'S REPRESENTATIVE 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 2 during the fabrication thereof. The ARTIST shall submit to the OWNER progress reports in accordance with the schedule provided for in Section 1.2 (b). d. The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved refined Proposal and with the specifications for metal bolts/anchors as provided by NNW, Inc. as Exhibit "B". 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 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 thirty (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'S REPRESENTATIVE. c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART WORK at the site in compliance with the schedule approved pursuant to Section 1.2 (b). d. The ARTIST shall provide a metal template locating the bolts which will secure the ART WORK on the two north pads no fewer than sixty (60) days prior to the ARTIST'S intended time of delivery. The OWNER shall be responsible for all expenses, labor and equipment to prepare the site for the timely installation of the ART WORK. OWNER shall also be responsible for providing a sculpture pad with adequate bolts as specified in the NNW, Inc. report (Exhibit "B") to support and secure the ART WORK. e. The OWNER'S REPRESENTATIVE will be responsible for moving the ART WORK from the address that the OWNER'S REPRESENTATIVE requests the ARTIST ship the ART WORK to, and to the site where the ART WORK 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 twelve (12) 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 3 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. This date shall be no later 6 months after receipt of the first payment by the ARTIST as detailed in Section 2.1 (a). b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. 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 himself or by any subcontractor or by anyone directly or indirectly employed by the ARTIST. 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 the ARTIST'S employees or of any person other than the ARTIST'S 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 the ARTIST'S performance of 4 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 Seventy Two Thousand Six Hundred Dollars $72,600 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. Thirty-three percent (33%), or $23,958, within thirty (30) days after execution of this agreement. b. Thirty-three percent (33%) or $23,958, within thirty (30) days of the determination of OWNER'S REPRESENTATIVE that the sculptures are one-half completed. ARTIST shall provide documentation to OWNER'S REPRESENTATIVE to demonstrate such progress. The parties anticipate that the sculptures will be one- half complete by March 1, 2000. In no event shall the second payment be made less than thirty (30) days after authorization of the first payment. c. Thirty-four percent (34%), or $24,684 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, other than those specifically cited herein as the responsibility of the OWNER, 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 1 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 because OWNER has not prepared the site for installation as specified in Section 1.3(d) hereof, as a result of the improvements not being completed on the site 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. 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 unforeseeably 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 unforeseeably 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 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 ART WORK). Article 5. Reproduction Rights 5.1 General Except as limited herein, 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. 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 WORK. 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. 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. 9 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 of 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 Sections 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 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 prohibition 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 termsof the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST OWNER ~,,~~,~//~~10 ~'~' ~ Christo~~ ~ ~ ~nes~n, Mayor M City Clerk EXHIBIT B CITY OF IOWA CITY PUBLIC ART PROGRAM PEDESTRIAN MALL - NORTH PAD SCULPTURES AGREEMENT BY AND BETWEEN OWNER AND ARTIST T~i'~-AGREEMENT is made on between the City of Iowa City, hereina~er referred to as the OWNER, and Christoph Spath, hereina~er referred to as the ARTIST. The QWNER'S REPRESENTATIVE shall be the Director of the Depart of Planning and Corr~.unity Development or his/her designee. The COMMITTEE be the Public Art Advisory WHEREAS, OWNER, on the recommendation of the CC accepted the proposal for Solar II and one conceptual proposal for a compli sculpture created by the ARTIST, installation at the two NORTH PADS located downtown Iowa City Pedestrian Mall. Said are hereina~er collectively referred as ART WORK. A copy of said proposal as is attached hereto as Exhibit "A" (he~ ~fter "Proposal"). NOW, THEREFORE, consideration of the mutual and undertakings contained herein, the parties s follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform furnish all supplies, materials and equipment as necessary for the design, transportation and consultation on the installation of the ART WORK at the site. b. The ARTIST shall at all stages of ~n, fabrication and installation coordinate his work with the OWNER'S REPRESENTATIVI 1.2 Execution of the Work a. The ARTIST shall present refined for Solar Marker II and the complementary sculpture for approval b e COMMITTEE by anuary 1, 2001. The refined proposal will be reviewed by the CO I'EE and a copy of aid proposal signed by the OWNER'S REPRESENTATIVE shall b provided to the ARTIST. b. The ARTIST shall furr ish the OWNER'S REPRESENTAT E a tentative schedule for completion of fabrication and in tallation of the ART WORK, inclu g a schedule for the pp I h ' REPRESENTATIVE, the shall fabricate, transport a the OWNER'S REPRESENTATIVE on the ation of the ART WORK in accordance with such schedule. Such schedule may be ended by written agreement between the OWNER'S REPRESENTATIVE and the ;T. c. The OWNER shall ~ve 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 (b). d. The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved refined Proposal and with the specifications for metal bolts/anchors as provided by NNW, Inc. as Exhibit "B". 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 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 writing when the fabrication of ART WORK is completed and the ARTIST is rea for its delivery and installation at the b. The rees to notify the OWNER'S no fewer than thirty (30) days prior to the intended time of delivery to dete~ the of delivery time, location and agent de hated by the OWNER'S c. The ARTIST shall and consult with the REPRESENTATIVE on the installation of the completed ART at the site in co ~liance with the schedule approved pursuant to Section 1.2 (b). d. The ARTIST shall provide a locating the bolts which will secure the ART WORK on the two north pads no (60) days prior to the ARTIST'S intended time of delivery. The OWNER shall be respor s for all expenses, labor and equipment to prepare the site for the timely installation ART WORK. OWNER shall also be responsible for providing a sculpture pad wit~ uate bolts as specified in the NNW, Inc. report (Exhibit "B") to support and secure the e. The OWNER'S will be ~onsible for moving the ART WORK from the address that the OWNER'S RE ~ENTATIVE ,quests the ARTIST ship the ART WORK to, and to the site where the )RK will be ;d. 1.4 Post Installation OWNER'S REPRESENTATIVE a mini I negatives), or digital photograph: on a disk which document the process and development of the ART WORK from beginning ~brication through completion. b. The OWNER shall ,e photographic documentation of the site and the installed ART WORK at the site. c. The ARTIST sh?_._ 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 3 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. This date shall be no later 6 months after receipt of the first payment by the ARTIST as detailed in Section 2.1 (a). /" b. The OWNER'S REPRESENTATIVE shall notify the ARTIST writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on th~ date of the OWNER'S REPRESENTATIVI written notification to ARTIST of final ~tance. 1.6 Risk of Loss The risk of loss or damac the ART WORK sh~ be borne by the ARTIST until final acceptance by the OWNER, the ARTIST shall such measures as are necessary to protect the ART WORK from Dr damage until acceptance. The ARTIST shall not be responsible for loss or damage 'e to vandali l, theft, accidents, or acts of God once installation of the ART WORK is com ete. 1.7 Liability, Indemnification and a. The ARTIST agrees to defend and hold OWNER and its officers, employees, and agents harmless from a all loss, cost, damage and expense (including reasonable attorney's fees and court co! :ing from, arising out of, or incurred by reason of any claims, actions or suits based or all~ng bodily injury, including death, or property damage arising out of or resulting duties or responsibilities under this agreement, whether such be ARTIST or by any subcontractor or by anyone directly or indirectly employed by b. Upon final acce the ART WORK, the NER shall, to the extent permitted by law, and without waiving an nur~ities available thereu er, indemnify and hold harmless the ARTIST against any and claims or liabilities thereafter de in connection with the ART WORK, the site, the th~, agreement, except claims y the OWNER against the ARTIST and claims which oc ur as a result of th ach of the wa'rranties provided in Article 4. c. The ARTIST ~d all employees of the ARTIST shall each effect and maintain insurance to protect th~ ARTIST from claims under workers compensation acts; claims for damages because of bc injury including personal injury, sickness or disease, or death of any of the ARTIST'S empl or of any person other than the ARTIST'S employees; and from claims for damages of injury to or destruction of tangible property; including loss of use resulting ; and from claims arising out of the ARTIST'S 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 Seventy Two Thousand Six Hundred Dollars $72,600 which shall constitute full compensation for all services, expenses, and materials to be performed and furnished by the ARTIST under thi reement. Expenses shall include all travel and lodging required for the ARTIST to fulfill hi ations under this contract. The fee shall be id in the following installments, percentages of such fixed fee, each installment to epresent full and final, non refund~ payment for all services and agreement. b. Thirty-three or $23,958, thirty (30) days of the determination of OWNER'S th~ sculptures are one-half completed. ARTIST shall provide docum~ to REPRESENTATIVE to demonstrate such progress. The parties ~t the sculptures will be one-half complete by March 1, 2000. In no event e second payment be made less than thirty (30) days after authorization of the payment. c. Thirty-four percent (34%), or within thirty (30) days after final acceptance of the complete project. If the elects to utilize the OWNER'S services and materials during installatio~ other ~an those specifically cited herein as the responsibility of the those shall be deducted from the final payment due the ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsil for the ,ment of 'nailing or shipping charges on submissions to the OWNER'S the cost :ransporting the ART WORK to the site and the costs of all and lodging by the the ARTIST'S agents and employees necessary for proper performance of the required under this agreement. Article 3. Time of Performa~ 3.1 Duration The services to be ~ired of the ARTIST as set forth in Article 1 shall be completed in accordance with the sc for completion of the ART WORK as proposed by the ARTIST and approved by the 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 procuremerit 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 because OWNER has not prepared the site for installation as specified in Section 1.3(d) hereof, as a result of the improvements not being completed on the site 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. addition, the OWNER shall reimburse the ARTIST for any additional travel costs or for unr ;essary time spent on the site due to delays caused by the OWNER. Such be expenses in adddition to the Fixed Fee enumer tted in Section 2.1. 3.3 Early Completion of Services The ARTIST shall bear any sportation and stora costs resulting from the completion of the ARTIST'S services prior to ime provided in schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE a reasonable extension of time to the ARTIST in the event that there is a delay on the the ARTIST in performing its obligations under this Agreement due to conditions beyond ~ control or Acts of God which render timely performance of the ARTIST'S ~mpossible or unforeseeably burdensome. Likewise the ARTIST shall grant a of time to the OWNER in the event that there is a delay on the part of in performing its obligations under this Agreement due to conditions beyond OWNER'S ntrol or Acts of God which render timely performance of the OWNER'S ;s burdensome. Failure to fulfill contractual obligations due to beyond ;r party's reasonable control will not be considered a breach of provided that such ations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents an, ~rrants that: (a) the ART WORK is solely e result of the artistic REPRESENTATIVE, the d f e copyright; (c) that the AI WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the WORK is free and clear of any liens from any source whatever. 4.2 Warranties of QuaIll and Condition The ARTIST represen and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a 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 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 ART WORK). Article 5. Reproduction Rights 5.1 General Except as limited herein, the ARTIST retains all rights the Copyright Act of 1976, 17 U.S.C., 101 et. Seq., and all other rights in and to ART WORK except ownership and possession. In view of the intention that the ART WO in its final dimension shall be unique, the ARTIST shall not make any additional duplicate productions of the final ART WORK, nor shall the rant permission to others to do except with the written permission of the OWNER. The grants to the OWNER and assigns a royalty-free, irrevocable license to make two or three reproduction of the ART WORK for educational and/or non-commercial ~cluding but not to reproductions used in advertising, calendars, posters, brochu media, ;ity, catalogues, museum, educational and development projects, or other ar publica provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall a credit to the ARTIST and a copyright notice substantially in the following form: ~ [A! ,ME], date of publication. 5.3 Credit to Owner The ARTIST shall use best give a credit g substantially, "an original art work owned and commissioned by of Iowa City, ~n any public showing under the ARTIST'S control or reproduction,, the ART WORK. 5.4 Registration The ARTIST may cause to registered, with the United ',egister of Copyrights, a copyright of the ART WORK the ARTI ST'S name. Article 6. ARTIST'S Rights I 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. 7 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 ART WORK; relocate the ART WORK to another site; and remove the ART WORK public display. The following provisions shall a relocation or removal: (i) While ,WNER shall attempt to ART WORK in such a way as to not affect the ART WORK, the parties that such removal may result in damage, alteration, modificatior or other change of the ART WORK. The ARTIST acknowledges that ~rovision sh~ under 17 U.S.C. Section 113 (d) so as to waive rights under 17 U.S.C. ion 1 (ii) If, at the time of is determined that the ART WORK may be removed without damage, alteration, destruction, distortion or other change, OWNER shall give notice as required by .C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST a records, including ARTIST'S identity and address, with the Register of Copyright! under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update info~ with Register of Copyrights so as to permit notification of intent to remove the AR WORK. 6.4 Permanent Record. ~,i~ls~E° The OWNER'S REPRESENTA IVE shall maintain on file a record of this Agreement and the location and ' sition of the ART WORK. Article 7. ARTIST as Independ/~nt Contractor. The ARTIST shall perform aly'work under this Agreement as an inde contractor and not Ie be ~upervised by any I r supervision over any employee or official of the ,pWNER. / Article 8. Assignments, T ansfer, Subcontracting .... e ARTIST. Any 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 fro~ the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'~ does not approve the hiring of any subcontractor, another be submitted for approval by the OWNER'S REPRESENTATIVE. Article 9. Termination If either party to this shall willfully or negligently to fulfill in a timely and proper manner, or otherwise any of the covenants, a or stipulations material to this agreement, the other thereupon have the right this agreement by giving written notice to the defau party of its intent to specifying the grounds for termination. The defaulting shall have thirty (30) d~ after receipt of the notice to cure the default. If it is not cured, then agreement shall In the event of default by the OWNER, the OWNER shall compensate th~ for all services performed by the ARTIST prior to termination. In the nt of default the ARTIST, all finished and unfinished drawings, sketches, photographs, and ~er work prepared and submitted or prepared for submission by the ARTIST under thi,. shall at the OWNER'S option become its property, provided that no right to fabri< execute the ART WORK shall pass to the OWNER and the OWNER shall compensate .~ ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termin the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished an. ~ished related ART WORK. Notwithstanding the previous sentence, the ARTIST shall ~ved of liability to the OWNER for damages sustained by the OWNER by virtue of an, breach this Agreement by the ARTIST, and the OWNER may reasonably withhold to the 'IST until such time as the exact amount of such damages due the OWNER from ARTIST is Article i0. Compliance The ARTIST shall be required to co~ with Federal, State d City statutes, ordinances and regulations applicable to the of the ARTIST'S ~s under this agreement. Article 11. General Terms 11.1. The Artist shall not co~ mit any of the following employment and agrees to prohibit the following in any subcontracts. 11.1.1 To discharge or refu e to hire any individual because of their race, color, religion, sex, national origin, disa ility, age, marital status, gender identity, or sexual orientation. 11.1.2 To discriminate ag inst any individual in terms, conditions, or privileges of employment because of their r ce, color, religion, sex, national origin, disability, age, marital status, gender identity, o sexual orientation. I 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 of 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 Owner shall be given with reasonable notk to Artist to assure attendance ld shall coincide with trips to Iowa City alrea~ by the Artist pursuant to 1.2 and 1.3. 11.5 Should any of this Agreement be found invalid ~s agreed that the remaining portion shall be severable from the invalid and continue in full force and effect. 11.6 Upon signing this ent, Artist acknowl~ that Section 362.5 of the Iowa Code prohibits a City ~r employee from an interest in a contract with the City, and certifies that no oyee or office~ the City, which includes members of the City Council and City s and has an interest either direct or indirect, in this agreement, that oes not within the exceptions to said statutory prohibition enumerated in Section Article 12. Entire Agreement This writing embodies the entire agreement ar lerstanding between the parties hereto, and there are no other agreements and understar or written, with reference to the subject matter hereof that are not merged herein an~ ~d hereby. Article 13. Modification No alteration change, or modification of terms of the 'nent shall be valid unless made in writing and signed by both parties he~ and approved ~riate action of the OWNER. ARTIST OWNER / / / / Christoph Spath / Ernest W. Mayor / A'I'I'EST Marian K. Karr City Clerk (~ Allorrtey's Office 12-19-00 Prepared by: John Yapp, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 RESOLUTION NO. 00-425 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TPu~NSPORTATION FOR STATE RECREATIONAL TRAILS FUNDS. WHEREAS, the trails in City Park are deteriorating and are in need of renovation; and WHEREAS, the trails within City Park not only serve as the primary means of access to and within the park, they are also part of the regional Iowa River Corridor Trail System; and WHEREAS, state Recreational Trails funds would allow for the trails within City Park to be reconstructed and improved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for state Recreational Trails funds. 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. 3. The City agrees to maintain the trail for a minimum of 20 years if funding is approved. Passed and approved this '19th day of December- ,20 00 It was moved by Wi'lbuf'n and seconded by Vandef'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 jccogtp/res/trailfunds.doc 12-19-00 Council Member Vanderhoef introduced the following ~ Resolution entitled "RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted. Council Member Pfab seconded the motion to adopt, and the roll being called thereon, the vote was as follows: A~rES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Dnnn~ll, Pfab NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 00-426 RESOLUTION DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH SPECIFIED PROJECTS WHEREAS, the City anticipates making cash expenditures for a capital improvement projects, generally described below (hereinafter referred to as a "Project"); and WHEREAS, the City reasonably expects to issue debt to reimburse the costs of a Project; and WHEREAS, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2. -2- * Revised 1/25/01 per Finance Section 2. That it is reasonably expected that capital expenditures will be made in respect of the foregoing Projects, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing. Section 3. That the City reasonably expects to reimburse all or a portion of the foregoing expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 4. That the total estimated costs of the Projects, the maximum principa! amount of the bonds, notes or other indebtedness to be issued for the foregoing Projects and the estimated dates of completion of the Projects are reasonably expected to be as follows: Fund from which original expen- Total Amount of Estimated ditures are to Estimated Borrowing Date of Project be Advanced Cost Anticipated Completion Acquisition of land for library and construction of library * General $18,400,000 $18,400,000 1/2004 Hangar Repairs and land costs for airport expansion * General $1,755,000 $ 1,755,000 1/2003 Section 5. That the City reasonably expects to reimburse the above-mentioned Project costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 6. That this Resolution be maintained by the City Clerk in an Official Intent File maintained in the office of the City Clerk and available at all times for public inspection, subject to such revisions as may be necessary. -3- on 2. That it is reasonably expected that capital expenditures will be ma in foregoing Projects ~'om time to time and in such mounts as this Co cil respect , and ther~g. determines s City reasonably expects to reimburse all or a po ion of the foregoing the proceeds of bonds, notes or other inde s to be issued or incurred by City in the future. Section 4. estimated costs of the Projects, 1 maximum principa! amount of the bonds, indebtedness to be issued the foregoing Projects and the estimated dates eels are be as follows: Fund from which original expen- Total Amount of Estimated ditures are to Borrowing Date of Project be Advanced Anticipated Completion Acquisition of land for library and construction / - $18. ~ 18,400,000 of library // / Hangar / Repairs and / / land costs for airport expansion $1,755,000 $ I, the City reasonably expects to reimburse the Project costs than the later of eighteen months after the are paid or eight months after the property is placed in service. That this Resolution be maintained by the City )fficial Intent Fimaintained in the office of the City Clerk and available at all subject to such revisions as may be necessary. \ -3- PASSED AND APPROVED this 19th day of December ,2000. ATTEST: 259001\1\10714057 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-427 RESOLUTION OF INTENT TO APPROVE A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DONNA AND VIC ZENDER FOR CONDOMINIUM UNIT 'I-G IN TOWER PLACE AND PARKING AND TO DISPOSE OF UNIT I-G IN ACCORDANCE THEREWITH, AND SETTING A PUBLIC HEARING FOR JANUARY 9, 2001, WHEREAS, Tower Place and Parking includes commercial space which has been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with Donna and Vic Zender for condominium unit I-G in Tower Place and Parking, which purchase agreement is attached hereto and requires City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the attached purchase agreement between the City of Iowa City and Donna and Vic Zender for unit I-G in Tower Place and Parking and to dispose of said property in accordance in with that agreement. 2. A public hearing on said proposed agreement should be and is hereby set for January 9, 2001 at 7:00 p.m. in the Council Chambers of the Civic Center, 410 E. Washington St., Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause Notice of Public Hearing to be published as provided by law. Passed and approved this 19th day of December- ,20 00 roe Eleano~es~zender. doc Resolution No. 00-427 Page 2 It was moved by Vande~'hoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ADDENDUM TO SELLER'S COUNTEROFFER 2 South Linn St., Unit 1G A. Delete "2 South Linn, Suite 1G, Iowa City, Iowa" from paragraph 1, "Real Estate Description" and in-lieu-thereof, insert the following: Unit 1G, Tower Place and Parking, as defined in the draft Declaration of Condominium attached hereto as Exhibit "A" . The final recorded Declaration of Condominium which will create the horizontal property regime pursuant to Iowa Code Chapter 499B, shall be in substantial conformity with Exhibit "A" . Buyers understand that the percentages of the unmetered heating and cooling expense attributable to each unit will be modified to reflect that Unit 1H has a separate heating and cooling system and therefore, will not share in the expense of the common heating and cooling system. Buyers further understand and acknowledge that Unit 1G and 1B will share an air handling unit; that the air handling unit can only be powered from one of said units' electrical panels and will be powered from Unit 1G's electrical panel, it being the larger of said two units; that the owner of Unit 1G will receive a bill from the power company; and, that the bill will be allocated between Units 1B and 1G with 63% going to Unit 1G and 37% going to Unit 1B. Said Unit 1G will be constructed in substantial conformity with the plans and specifications for the Tower Place and Parking. facility. In addition, Buyer understands and agrees to the following: 1. Each tenant ("tenant" includes prospective owner of condominium unit) will be required to gain their own building permit for all work completed within their commercial space. No work will be allowed to commence until a permit is obtained. 2. Domestic water will be stubbed into the mechanical room of each commercial space. The tenant will be responsible for providing branch water supply lines from this point to each plumbing fixture as required. 3. Sanitary sewer and sewer vent lines will be stubbed into each commercial space in one location each. The tenant is responsible for providing waste piping each plumbing fixture. The tenant is also responsible for providing vent piping as required and tying it into the building vent system. 4. General sprinkler heads are provided in each space given an open plan. The tenant will be responsible for changing the sprinkler layout to suit their needs and gaining approval from the Fire Marshal for these changes. 5. Some branch supply ductwork is provided to each commercial space. This ductwork is designed for distributing the air within the space if it is fully open. Addendum to Sellers' Counteroffer Page 2 The tenant will be required to design and provide all branch ductwork added to that given in the ramp Contract. The tenant will be required to design and provide all work required to add additional zones within their commercial space and have this work compatible with the Trane control system so the energy consumption within each space can be monitored with that space. 6. Gas service will be provided by each tenant from its entry point on the south side of the building. 7. An electrical panel will be provided in each tenant's mechanical room. The tenant is responsible for providing all branch circuits within their commercial space. · Circuits for the entrance lighting outside each commercial space's entrance is already provided. · Some inexpensive general lighting is already provided. * No outlets are provided. B. The Addendum to Buyers' purchase offer shall be deleted in its entirety and the following substituted in-lieu-thereof: 1. The Buyer shall have 30 calendar days from mutual execution of this Agreement to perform a construction feasibility study of the Property. If, for any reason, the Buyer disapproves this Feasibility Study, this sale shall be null and void and of no further force or effect and the earnest money shall be returned to the Buyer. 3. perrmit witholut fees for parking in Tower Pla[~~and) Parking. Said permit is transferable to a subsequent owner of the real estate but may not be transferred independently of the real estate. 4. The Seller shall credit the Buyer $1,037.50 for painting and $2,849.00 for ceiling at closing. 5. Seller to replace improperly etched windows prior to closing. 6. Buyer may have reasonable access to the property prior to closing for planning and interior construction provided the Buyer obtains liability insurance acceptable to Seller and names the City of Iowa City and McComas-Lacina Construction as co- insureds. If the transaction does not close, the Buyer shall have no claim on any improvements made to the Property. Addendum to Sellers' Counteroffer Page 3 7. This sale is subject to the buyer obtaining financing suitable to the Buyer within 30 days of this Agreement. If the Buyer is unable to obtain said financing within the 30 day period, this sale shall be null and void and of no further force or effect and the earnest money shall be returned to Buyer. 8. This Agreement is subject to the Buyer's attorney reviewing and approving all purchase documents, Condominium documents, Covenants, Conditions and Restrictions within 7 calendar days of mutual execution hereof. EXHIBIT "A" Prepared by: Craig N. Willis, P.O. Box 143, Iowa City, IA, 52244 (319) 337-9621 DECLARATION OF CONDOMINIUM TOWER PLACE AND PARKING PREFACE: The Declarant, the City of Iowa City, has deemed it in the public interest to construct a public parking facility at the coruer of Iowa Avenue and Linn Street in Iowa City, Iowa, which public parking structure is to include a private parking area appurtenant to an assisted housing facility, as well as certain privately owned commercial units in a horizontal property regime. As a result of this unusual combination of various ownerships, certain departures from condominium practice are implied. Among those departures is the fact that the basic structure is not a common element as defined by the Horizontal Property Act, but is part of the unit retained by the Declarant. The common elements subject to common ownership and a portion of expenses are deliberately few in number. The association of owners, denominated by the declaration as the Council of Co-owners, has a limited role and is formed as an unincorporated association, meeting only on an ad hoc basis to perform the limited functions necessary. The Declarant, therefore, states that the land described in Article I, Paragraph A of this declaration is hereby submitted to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999) named Tower Place and Parking, to be subject to the covenants, conditions, uses, limitations and obligations as specified in this declaration. ARTICLE I DESCRIPTION OF LAND AND BUILDING A. Land. The land submitted to the regime herein described is as follows: Lots 1, 2, 3 and 4, Block 61, Iowa City, Iowa, according to the recorded plat thereof. B. Description of Building. The building subject to the regime shall be a 6-level parking facility including spaces for commercial units on the west end, as well as commercial spaces at the northeast coruer of the building along Iowa Avenue, and along Gilbert Street. The configuration of the building and the composite building materials are all shown of record on the building plans attached hereto as Exhibit A. ARTICLE II UNITS The units of the condominium regime, being those areas susceptible of separate ownership as described by the Horizontal Property Act are relatively located as shown on the schematic diagram filed with this Declaration as Exhibit B and are further described as follows: A. Unit 1A. 1. Definition of Space. Unit 1A is located at the southwest comer of the street level of the structure, consists of 5,599 square feet and includes the mezzanine, as shown on as Exhibit "B". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. Unit 1A excludes the stairway located at the southeast comer, as such stairway exists between the bottom elevation of Unit 1A and the top elevation of Unit 2A, which stairway is a limited common element appurtenant to Units 1A and 2A as defined herein. 2. Easements Appurtenant to Unit 1A. The owner of Unit 1A shall be entitled to the right of access to said unit over and across the portion of Unit 3 labeled on Exhibit B as Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. 3. Limited Common Elements Appurtenant to Unit 1A. Appurtenant to Unit 1A, and therefore devolving to succeeding owners of Unit 1A without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the stairway at the southeast comer of Unit 1A, bounded on the bottom by bottom elevation of Unit 1A, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1A and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1A and 2A, as they may determine. 2 b. Seven City of Iowa City parking permits for parking without fee in the parking portion of the regime, two of which are to be specifically located on the ground level of the parking in the south parking bay directly east of the transformer. These parking rights may not be sold or assigned separately from Unit 1A. B. Unit 1B. 1. Definition of Space. Unit 1B is located on the street level of the structure, immediately noah of the Exit Court, and consists of 1,391 square feet, as sho~vn on Exhibit "B". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, except as to the portion beneath the mezzanine, as to which the top elevation shall be 690.67, and on the sides by the defining vertical surfaces shown on the plans and more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 1B. The owner of Unit 1B shall have the right of access over and across that portion of Unit 3 labeled on Exhibit B as the Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the exit court, which in turn has access to the public parking on each of the parking levels. The owner of Unit 1B shall have an easement over Unit 1H for the construction, operation and maintenance of such utility lines leading from Unit 1B to the shared mechanical room as are reasonably necessary to any permitted use of Unit 1B. 3. Limited Common Elements Appurtenant to Unit 1B. Appurtenant to Unit 1B, and therefore devolving to succeeding owners of Unit 1B without special reference to such fights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in 330 square foot Mechanical Room located on the mezzanine level adjacent to Unit 1H, bounded on the bottom by elevation 691.34, on the top by elevation 702.00 and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section LI of this Article. Maintenance responsibilities shall be proportioned between the owners of Units 1B and 1G as those owners may from time to time agree. The City shall have no maintenance responsibility for this mechanical room. The door on the mezzanine level from the parking facility to the mechanical room shall be owned and maintained by the owners of Units 1B and 1G. 4. Easements to which Ownership is Subject. Unit 1B shall be subject to an easement in favor of Unit 1G for the construction, operation and maintenance of such utility lines leading from the shared mechanical room to Unit 1G as are reasonably necessary to any permitted use of Units 1G. C. Unit 1C. 1. Definition of Space. Unit 1C is located on the lower level of the north side of the building along Iowa Avenue having gross area of 4,295 square feet being defined on the bottom by finish floor elevation of 670.00 (with the exception of the stairwell at the southeast comer of the unit, having floor elevation of 666.67), on the top by ceiling elevation varying between 678.33 and 683.45 feet, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 1C. The owner of Unit 1C shall have an easement for access to such unit over and across that portion of Unit 3 that is shown on Exhibit B to be the entrance court from Gilbert Street. 3. Easements to which Unit Ownership is Subject. None. 4. Limited Common Elements Appurtenant to Unit 1C. Appurtenant to Unit 1C and therefore devolving succeeding owners of Unit 1C without special reference to such rights appearing in the conveyance documents are the following ownership fights which are limited common elements of the condominium regime. a. An undivided one-half interest in the 88 square foot exitway located at the southeast comer of Unit 1C and at the southwest comer of Unit 1 D, which exitway connects the respective traits to the entrance court leading to Gilbert Street. The exitway is bounded on the bottom by elevation 666.67, on the top by finished ceiling elevation of Units 1C and 1D, and on the sides by defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. Maintenance of the exitway shall be apportioned among the owners of Unit 1C and 1D as they shall from time to time determine. The City shall have no maintenance responsibility for the exitway. The door leading from the entrance court to the exitway shall be owned and maintained by the owners of Units 1C and 1D. 4 D. Unit 1D. 1. Definition of Space. Unit 1D is located at street level of Gilbert Street at the northeast comer of the building. Unit 1D has gross area of 3, 161 square feet and is bounded on the bottom by finish floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 1D. The owner of Unit 1D shall have an casement for access to said unit over and across that portion of Unit 3 that is shown on Exhibit B to be the entrance court from Gilbert Street. 3. Easement to which the Unit Ownership is Subject. None. 4. Limited Common Elements Appurtenant to Unit 1D. Appurtenant to Unit 1D and therefore devolving to succeeding owners of Unit 1D without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the 88 square foot exitway located at the southeast comer of Unit 1C and at the southwest comer of Unit 1D, which exitway connects the respective units to the entrance court leading to Gilbert Street. The exitway is bounded on the bottom by elevation 666.67, on the top by finished ceiling elevation of Units 1C and 1 D, and on the sides by defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. Maintenance of the exitway shall be apportioned among the' owners of Unit 1C and 1D as they shall from time to time determine. The City shall have no maintenance responsibility for the exitway. The door leading from the entrance court to the exitway shall be owned and maintained by the owners of Units 1C and 1D. E. Unit 1E. 1. Definition of Space. Unit 1E is located on the east side of the street level of the building along Gilbert Street, immediately south of the entrance court providing access to Gilbert Street. Unit 1E has gross'area of 1,173 square feet and is bounded on the bottom by finished floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 1E. The owner of Unit IE shall be entitled to an easement for ingress and egress to said unit over that portion of Unit 3 that is the entrance court off of Gilbert Street. 3. Easements to Which Unit Ownership is Subject. None. F. Unit IF. 1. Definition of Space. Unit 1F is the reserved parking area on the lower level, having access to the public street system on Gilbert Street and having gross square footage in the amount of 15,500 square feet, all as shown on the plans, which unit is bounded on the bottom by the sloping surface having variable elevation forming the bottom deck of the parking within the unit, on the top by the underside of the level of parking next succeeding vertically, on the south side by the inside surface of the exterior walls of the structure, on the west by the inside surface of the most westerly wall of the lower unit, on the north by the south wall of the areas labeled successively from west to east, "Electrical Room, landscaping, snow pit, Mechanical Room, landscaping, snow pit, landscaping", and then following to the south of the inside surfaces of the wall defining the westerly portion and southerly portion of the area located on the attached plans as 1E and on the east by the projection of the inside of the support pillars of the ingress and egress onto Gilbert Street, excluding from such area the stairway (as defined by the inside surfaces of the concrete walls forming the stairwell) and the elevator shaf~ and entrance lobbies for the elevator, both located at the southwesterly comer of the unit. The unit includes the parking gate equipment located therein. 2. Easements Appurtenant to Unit IF. Appurtenant to Unit 1F is an exclusive easement, existing for so long as Unit 1F is appurtenant to an assisted housing project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance, or is subject to a mortgage and Regulatory Agreement dated and recorded September 3, 1980 in Book 291, Page 309 and in Book 580, Page 100, respectively, for ingress to and egress from the ground level to the surface level of Unit 1F over and across the stairway and elevator (with associated lobbies) described in Paragraph 1, immediately above. 3. Easements to which Unit Ownership is Subject. Unit 1F is subject to an easement for ingress and egress in favor of the City to the eastern-most area labeled "landscaping," immediately to the north of the unit. Such access will be exercised through the doorway from Unit 1F into the eastern-most area labeled "landscaping" and will be limited to such times and in such manner as is reasonable in light of the parking use of the owner of Unit 1F. 6 4. Maintenance Responsibility for Stairway and Elevator. The City shall be responsible to maintain the mechanical and electrical systems associated with the elevator excepted from the definition of Unit IF. The owner of Unit 1F shall be responsible for routine cleaning of the elevator and associated lobbies and the stairway over which the owner of Unit 1F has an access easement. The City shall indemnify and hold the owner of Unit 1F harmless from damages resulting from the City's performance or failure to perform its maintenance obligations described in this paragraph. The owner of Unit 1F shall indemnify and hold the City harmless for damages resulting from said owner's performance or failure to perform its maintenance obligations described in this paragraph. G. Unit 1G. 1. Definition of Space. Unit 1G is located at the northwesterly comer of the street level of the structure and consisting of 2,336 square feet. The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by finished ceiling elevation of 702.00, except as to the portion beneath the mezzanine as to which the top elevation shall be 690.67, and on the sides by the defining vertical surfaces shown on Exhibit B and as more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 1G. The owner of Unit 1G shall have an easement for the construction, operation and maintenance of such utility lines over and across Unit 1B leading from the mechanical room shared with Unit 1B as are reasonably necessary to any permitted use of Unit 1G. The owner of Unit 1G shall further have an easement for the construction, operation and maintenance of such utility lines over and across Unit 1H as are reasonably necessary to any permitted use of Unit 1G. 3. Limited Common Elements Appurtenant to Unit 1G. Appurtenant to Unit 1G and therefore devolving to succeeding owners of Unit 1G without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-third interest in the stairway at the northeast comer of Unit 1G, bounded on the bottom by the bottom elevation of Unit 1G, on the top by the top elevation of Unit 2B and on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities for the stairway shall be apportioned between the owners of Unit 1G, 1H and 2B as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for the stairway. The door from the stairway to the exterior on the ground level and the door from the stairway to the parking structure on the second level shall be portions of Unit 3, but shall be maintained by the owners of Units 1G, 1H and 2B as they may determine. b. An undivided one-half interest in the 330 square foot mechanical room located on the mezzanine level adjacent to Unit 1H, bounded on the bottom by elevation 691.34, on the top by elevation 702.00, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. Maintenance responsibilities shall be apportioned between the owners of Units 1B and 1G as those owners may tiom time to time agree. The City shall have no maintenance responsibility for this mechanical room. The door on the mezzanine level from the parking facility to the mechanical room shall be owned and maintained by the owners of Unit 1B and 1G. H. Unit 1H. 1. Definition of Space. Unit 1H is located on the northerly portion of the mezzanine and consists of 1,691 square feet. Unit 1H is bounded on the bottom by elevation 691.34, on the top by elevation 702.00, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 1H. The owner of Unit 1H shall have the right of access over and across that portion' of Unit 3 shown as the public stairway and elevator area connecting to the ground floor and the rest of the parking structure. 3. Limited Common Elements Appurtenant to Unit 1H. Appurtenant to Unit 1H and therefore devolving to succeeding owners of Unit 1H without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-third interest in the stairway at the northeast comer of Unit 1H, bounded on the bottom by the bottom elevation of Unit 1 G, on the top by the top elevation of Unit 2B and on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities for the stairway shall be apportioned between the owners of Unit 1G, 1H and 2B as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for the stairway. The door from the stairway to the exterior on the ground level and the door from the stairway 8 to the parking structure on the second level shall be portions of Unit 3, but shall be maintained by the owners of Units 1G, 1H and 2B as they may determine. 4. Easements to which Unit 1H is subject. Unit 1H shall be subject to an easement in favor of Units 1B and 1G for the construction, operation and maintenance of such utility lines leading from Units IB and 1G to the shared mechanical room as are reasonably necessary to any permitted use of Units 1B and 1G. I. Unit 2A. 1. Definition of Space. Unit 2A is the southerly portion of the second level of the structure excluding the area labeled on Exhibit B as "Open to Below" excluding the stairway and elevator and associated lobby northerly and easterly of the unit. Unit 2A consists of 3,890 square feet. Unit 2A is bounded by floor elevation 702.67, ceiling elevation varying from 712.50 to 713.40, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have the right of access over and across the stairway, elevator and associated lobby located to the northeast of the unit. 3. Limited Common Elements Appurtenant to Unit 2A. Appurtenant to Unit 2A, and therefore devolving to succeeding owners of Unit 2A without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the stairway at the southeast comer of Unit 2A, bounded on the bottom by bottom elevation of Unit 1A, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1A and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1A and 2A, as they may determine. 9 J. Unit 2B. 1. Definition of Space. Unit 2B is located on the northerly portion of the second level of the structure and excludes the area labeled as "Open to Below" on Exhibit B and excludes the elevator, stairway and associated lobbies adjacent to the southeast of the unit. Unit 2A consists' of 3,924 square feet as bounded on the bottom by elevation 702.67, on the top by elevation varying from 712.50 to 713.40, and on the side by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. 2. Easement Appurtenant to Unit 2B. The owner of Unit 2B shall be entitled to an easement for ingress and egress purposes over and across the stairway, elevator and associated lobbies located immediately to the southeast of the unit. 3. Limited Common Elements Appurtenant to Unit 2B. Appurtenant to Unit 2B and therefore devolving to succeeding owners of Unit 2B without specific reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-third interest in the stairway located at the northeasterly comer of Unit 2B bounded on the bottom by the bottom elevation of Unit 1G, on the top by the top elevation of Unit 2B and on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities for the stairway shall be apportioned between the-owners of Unit 1G, 1H and 2B as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for the stairway. The door from the stairway to the exterior on the ground level and the door from the stairway to the parking structure on the second level shall be portions of Unit 3, but shall be maintained by the owners of Units 1G, 1H and 2B as they may determine. K. Unit 3. 1. Definition of Space. Unit 3 is the public parking facility and shall consist of all parts of the structure not specifically defined as lying within any of the other units or limited common elements. Unit 3 shall consist of all structural elements of the structure or limited common elements, including all poured concrete or concrete block walls separating Unit 3 from other units or from the outside, including all windows and doors in these walls. Unit 3 does not include interior walls which are not either poured concrete or concrete block. 10 2. Easements Appnrtenant to Unit 3. The City reserves right of access over and across Unit 1F for access to the easterly-most space labeled "Landscaping", as shown by Exhibit B to be north of Unit 1F. 3. Easements to which Unit Ownership is Subject. Unit 3 is subject to easements as above described in favor of the units 1A, 1B, 1G, 1H, 2A and 2B over and across the exit court adjacent to Linn Street and the elevator and stairway core immediately adjacent to the exit court providing access to these units and to the public parking area. Unit 3 is further subject to easements for in~ess and egress in favor of Units l-C, 1-D and 1-E over and across the entrance court having access to Gilbert Street and is subject to the access easement in favor of Unit 1F as described in Article II, F2, above. L. Provisions Applicable to all Units (Except Unit 3) 1. Defining Vertical Surfaces of All Units (Except Unit 3). The term "defining vertical surfaces" used in the definition of the individual units shall mean, in the case of poured concrete walls or concrete block walls, the surface of the wall closest to the unit being defined. In the case of interior walls that separate units from each other, which walls are composed of central sound barrier and utility area with steel stud walls on each side of the barrier, the term "defining vertical surfaces" shall mean a vertical plane bisecting the central sound barrier and utility area. It is the intention of this definition that the City, as owner of Unit 3, shall own all concrete or concrete block structural elements of the regime and that the individual owners shall own the steel studs within their respective units and all attachments thereto. 2. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. If the inside surface of any floor or ceiling for which an elevation is given above as a defining plane of any unit varies, duc to construction irregularities, from the planned elevation, the unit shall be defined by the surface as actually constructed. 3. Projection of Structural Elements Below Top Elevation of a Unit. There shall be excepted from each unit (except Unit 3) any portion of a structural element contributing to the rigidity of the building which projects below the elevation stated above as the top surface of the unit. 11 4. Subdivision of Units. Units 1 A, 1C, 1 D, IF, 2A and 2B may be subdivided into smaller units, susceptible of separate ownership, subject to the following limitations: a. No division shall affect the exterior integrity of the structure without the express permission of the owner of Unit 3, as expressed by the City Manager or his designee. b. No resulting unit shall be smaller than the original size of Unit 1-E. (Unit 1-E is therefore not subject to subdivision). c. All procedures for subdivision specified below are followed. 5. Procedures to Subdivide. In order to make a unit susceptible of subdivision eligible for separate ownership, the owner of the unit to be subdivided shall file with the Johnson County Recorder a document entitled "Amendment of Declaration of Condominium for Subdivision Purposes", which document shall contain the following provisions: a. A description of the newly created subunits, as illustrated by a graphic representation filed with the amendment. b. A unique designation for each subunit, using as a basis the original unit designation. Example: If Unit 1A is to be divided into two subunits, the filed documents should designate the subunits as Unit 1A-1 and Unit 1A-2. c. An allocation of easements to which the original unit is subject and which are appurtenant to the original unit among the respective subunits. d. An allocation among the proposed subunits of the percentages of responsibility for common expenses and of voting power originally assigned by this Declaration to the unit to be subdivided, based on relative areas of the property subunit. e. Special Restrictions on the Subdivision of Unit iF. In addition to the requirement of subparagraphs a, b, c, and d, no subdivision of Unit 1F shall involve relocation of the entrance to the parking area from Gilbert Street or involve the use of any subunit for short-term parking. 12 6. Cross-Easements. Each unit is entitled to an easement through all other units for the placement, operation, maintenance and replacement of utility services, such as gas, electric, water and sewer, telephone, cable television and any other service utility, as shown on the plans filed with this Declaration, or as may reasonably be required by the use of any owner. 7. References to the City. Throughout this declaration, references are made to "The Declarant", "The City", and "The Owner of Unit 3." All of these terms are interchangeable and refer to the City of Iowa City, Iowa. M. Skywalk. At the time of the execution of the Declaration, it is contemplated that City intends to construct a skywalk connecting the parking facility that is part of Unit 3 of this regime to the building to the south across the public alley which building is owned by the City and currently operated as the Senior Center. No consent by any unit owner in this regime shall be required for the construction of the skywalk. The unit owners acknowledge that the City may make any provisions for the time and manner of use of the skywalk without the requirement of consent of the unit owners of this regime. The unit owners and their invitees shall have no greater right to use the skywalk than members of the general public. ARTICLE HI COMMON ELEMENTS A. General Common Elements. The general common elements of the condominium shall be the following: 1. Land which is dedicated to the regime. 2. The rooms on the lower level labeled "Mechanical Room" and "Electrical Room". The heating unit-and cooling unit .located within the Mechanical Room and associated ductworl~' from the heating and cooling unit to the boundaries of the respective units. 4. The electrical service to the electrical service box from the street. 13 B. Basis of Allocation of Expenses Regarding Common Elements. 1. To the extent that any expenses to the common elements are measurable by metering the allocation of those expenses for general common elements shall be allocated based on the meter readings. To the extent that the expenses of common elements may not be allocated based on meter readings, the following percentages shall be used: Units % of Expense IA 17.3% 1B 4.8% 1C 13.3% 1D 9.8% 1E 3.7% IF 0% 1G 7.8% 1H 5.3% 2A 12.1% 2B 12.1% 3 13.8% This allocation represents the relative proportions of heated and cooled space within the regime and does not represent ownership proportions. C. Limited Common Elements. For description of limited common elements within this regime, see Articles IIA3, IB3, IIC4, [[12)4, IIG4, BEFI3, 12113 and IlJ3. 14 ARTICLE IV ADMINISTRATION OF COMMON ELEMENTS A. Council of Co-Owners. The body administering the common elements shall be known as the Council of Co-Owners, composed of all owners of units in this regime with one membership with respect to each unit. The affairs of the Council of Co-Owners shall be regulated by this article of the declaration which shall stand as the by-laws of the organization. The organization shall be unincorporated. For the purpose of determining membership in the Council of Co-Owners, the owner of the fee title of a unit shall be the member with respect to that unit, except in the event of a unit having been sold by recorded installment contract, in which case the contract vendee shall be the member. In the event of multiple fee titleholders or multiple contract vendees of a unit, the membership fights for that unit, including voting, shall not be divided, but shall be exercised in a block as the multiple co-owners may determine among themselves. The City shall be represented by the City Manager or designee. B. Meetings of the Council of Co-Owners. The Council of Co-Owners shall have no regular meetings, but shall convene on written notice to all owners by any owner, which notice shall be delivered by ordinary mail at least 10 days prior to the proposed meeting. The subject matter for the meetings shall be limited to any issue concerning the common elements, the charges arising therefrom, or the termination of the condominium regime. C. Voting Rights at the Meetings. At any meeting of the Council of Co-Owners, quorum for which will be the presence of owners owning at least 50% of the voting power as described in this paragraph, the following voting rights shall be recognized: 1. For all issues concerning the common elements, except amendment of the declaration or termiiatioii 6'fi~ie regime: '-' Units % of Total Vote 1A 17.3% 1B 4.8% 1C 13.3% 1D 9.8% 1E 3.7% 1F 0% 1G 7.8% 1H 5.3% 2A 12.1% 2B 12.1% 3 13.8% 15 2. For amendment of the declaration or termination of the regime: Unit % of Total Vote 1A 2.4% 1B 0.7% 1C 1.8% 1D 1.4% 1E 0.5% 1F 6.6% 1G 1.1% 1H 0.7% 2A 1.7% 2B 1.7% 3 81.4% This allocation represents the percentage ownership interest of the respective units in the common elements. D. Record keeping. The City shall keep the records of all the meetings of the Council of Co-Owners. E. Information Regarding Common Expenses. All charges for repairing, maintaining and replacing the common elements shall be received by the City who shall then calculate the shares of the respective owners as provided in Article llI above and shall present statements for the same to the respective owners. F. Payment of Shared Common Expenses. Within 30 days of the receipt of the statement from the Declarant of shared common expenses, individual unit owners shall remit to the Declarant their respective shares of common expenses. G. Lien for Assessments. Unpaid assessments shall become a lien on the unit assessed and be subject to the collection remedies as described in Section 499B. 17 of the Code of Iowa (1999). H. Amendment to this Article. It is stated that amendment to this article, serving as by- laws of the Council of Co-Owners may be made in the same fashion as provided herein for the amendment to any other of the provisions of the Declaration. 16 ARTICLE V MAiNTENANCE RESPONSIBILITIES A. By City of Areas Subject to Access Easements. The City shall maintain the areas shown on the attached plans as the exit court and public stairways (not including the stairway that is a limited common element appurtenant to Units 1G, 1H and 2B or the stairway that is a limited common element to Units 1A and 2A) and the public elevators and associated access ways, and the elevator located within the confines of Unit 1F in a manner consistent with the manner in which the City maintains other public buildings such as the Civic Center, Recreation Center, and Public Library, or otherwise in a safe, sanitary and serviceable manner, including snow and ice removal. B. By City and Other Owners of Dumpster Areas. The City shall assign to each unit owner a designated dumpster area. The City shall maintain the exterior walls of the dumpster areas shown on the attached plans. The individual owners shall be responsible for their own trash removal, and shall be responsible to correct any condition caused by the owner or its trash removal contractor. No dumpster may be placed in the public alley. Any individual owner who fails to maintain the dumpsters and dumpster areas in a safe, sanitary and serviceable manner shall pay the expenses incurred by the City in performing such maintenance, after written notice to the owner specifying the particular failure, to which notice no corrective response is made within 10 days. C. By City of the Exterior of the Structure and the Parking Surfaces. The City shall maintain the parking surfaces in the public area and the exterior of the structure in a safe, sanitary and serviceable manner. Included in this obligation is the obligation to clean the exterior windows of the structure, including the individual units, at least once a year during March, April or May. D. By The Ecumenical Housing Corporation of Unit 1F. The maintenance of all of the facilities within Unit 1F shall be performed by Ecumenical Housing Corporation. Included in this responsibility is the parking surfaces, lights and parking gate equipment. For maintenance of the elevator, elevator lobbies and stairway serving Unit IF, see Article 1211:4. E. By Owners of Units 1A, 1B, 2A, 2B, 1C, 1D, 1E, 1G and 1H. 1. Each unit owner of Units 1A, 1B, 2A, 2B, 1C, 1D, 1E, 1G and 1H shall perform all maintenance on all of the areas and equipment located within its respective unit. Each of the unit owners shall perform no alterations affecting the structure without the written permission of the City. No work on the exterior of the structure shall be permitted without the written permission of the City. 17 2. The owners of the units 1A, 1B, 2A, 2B, 1C, 1D, 1E, 1G and 1H may affix signs to the exterior of the structure consistent with the provisions of the Iowa City Sign Ordinance and with the written permission of the City pursuant to then-existing written policy on signage adopted to assure compatibility with the appearance of the structure as expressed by the City Manager, or his designee. After permitted installation of such a sign, maintenance of the sign shall be the responsibility of the unit owner to which the sign pertains. If an owner fails to reasonably maintain an installed sign, Declarant may perform such maintenance and assess the owner for the reasonable costs thereof, after written notice to the owner specifying the particular failure, to which notice no corrective response has been made within 10 days. 3. The owners of Units 1A, 1B, 1C, 1D, 1E and 1G shall have the responsibility to remove snow from the public sidewalk adjacent to their units to the same degree as other Iowa City owners have, as specified in the City Code. The City shall remove snow on the remainder of the sidewalk. 4. The owners of Units 1A, 1B, 2A, 2B, 1C, 1D, 1E, 1G and 1H shall have the obligation to maintain the doorways and windows to their units, including the obligation to replace any broken glass and to perform any cleaning required on a more frequent basis than the Declarant cleaning described in paragraph VC. 5. The owners of Units 1A, 1B, 2A, 2B, 1C, 1D, 1E, 1G and 1H may perform, but shall not be required to perform, at their own expense, maintenance, such as cleaning, on the portions of Unit 3 such as hallways, exit courts, as maybe adjacent to the units. Any unit owner performing such maintenance shall hold the Declarant harmless from any damages arising from it. F. Responsibility for Damage to Other Units. If because of the acts or omissions of a unit owner or its agent, tenant, invitee or licensee, damage is caused to the general or limited common elements or to a unit owned by another, the responsible unit owner shall be liable for such damage. 18 ARTICLE VI RECONSTRUCTION OF THE REGIME IN THE EVENT OF DESTRUCTION BY CASUALTY A. Casualty. Insurance. Since Declarant is the owner of the structure of the regime, the Declarant shall provide the entire casualty insurance for the building, excluding the units other than Unit 3. As such, casualty insurance is not an expense subject to allocation. However, non-declarant owners of any unit shall be responsible for casualty insurance for any damage occurring within their respective units. B. Decision to Reconstruct. In the event of a casualty creating a partial or total destruction of all or any part of Unit 3, it shall be the duty of the Declarant to restore the structure to its originally constructed condition, except in the event the Declarant decides not to reconstruct and receives the permission of 75% of the total voting power of the non- declarant owners as described in Article IVC2. A decision of the Declarant not to reconstruct must also receive the consent of all of the mortgagees of the non-declarant owners who have consented to the decision. In the case of the decision not to reconstruct, the regime shall be deemed to be dissolved and subject to partition and sale. In the event of partition and sale, the proceeds shall be distributed as specified in Article IVC2. If the Declarant decides to reconstruct after a casualty, reconstruction of the improvements of the individual units shall be the responsibility of the individual owners, funded by the proceeds of individual insurance policies, or otherwise, as the owner may determine. C. Plans in the Event of Reconstruction. The plans and specifications for any reconstruction after a casualty shall be substantially the same as the plans and specifications of the original structure. D. Casualty Affecting a Single Unit. If casualty to a single unit occurs such that only parts of a unit are affected, the individual unit owner shall be responsible for the expense of reconstruction and repair. If a casualty affecting only a single trait remains unrepaired six months after the casualty, the Declarant may cause the necessary repairs to be made and impose the reasonable costs thereof as a lien on the affected unit. 19 ARTICLE VII USE AND OCCUPANCY RESTRICTIONS A. Use of Mechanical and Electrical Rooms. Each of the owners of units in this regime shall have access to and use of the Mechanical and Electrical Rooms which are common elements of this regime for purposes of installation, operation and maintenance of such service equipment relating to each unit as may be located in these rooms. No unit owner using the mechanical and electrical rooms shall impair the reasonable access to or use of these rooms by any other owner. No storage of any type shall be permitted in the Mechanical or Electrical Rooms. B. Use restriction. No unit owner shall make any use of any unit which threatens the ability of the City to obtain any appropriate insurance coverage. C. Parking. Parking for the owners, employees and invitees of Units 1B, 1C, 1D, 1E, 1G, 1H, 2A and 2B may be made available under the parking policies from time to time adopted by the City. D. Leasing. The owners of Units 1 A, 1 B, 1 C, 1 D, 1 E, 1 F, 1 G, 1 H, 2A and 2B may lease all or part of their units subject to the following conditions: 1. The lease must be in writing. 2. The lease must provide that the lessee is subject to the provisions of the condominium declaration and that failure by the tenant to comply with the condominium declaration shall constitute a default under the lease. The lease shall contain the acknowledgment signed by the tenant that the tenant has received copies of the declaration. 3. No lease shall allow relocation of the entrance to Unit 1F from Gilbert Street or shall allow the use of Unit 1F for short-term parking. 2O ARTICLE VIII TERMINATION OF CONDOMINIUM FORM OF OWNERSHIP Any termination of the status of the regime as a horizontal property regime under Chapter 499B of the Code of Iowa shall be performed pursuant to Section 499B.8 Code of Iowa (1999). The undivided interests of the respective owners after termination shall be as described in Article IVC2. ARTICLE IX AMENDMENTS TO DECLARATION This declaration may be amended by an affirmative vote of 75% of the total voting power of the regime as described by Article IVC2 at a special meeting of the Council of Co-Owners, provided that no amendment is effective to reduce a percentage ownership of any unit owner, to reduce easement rights appurtenant to any unit, or to increase any owner's obligations, unless that unit owner and its first mortgagee have consented in writing. The maintenance obligations of the City expressed herein cannot be reduced without consent of all non-City owners. The amendment to the declaration is effective upon filing of a copy of the same in the office of the Johnson County Recorder. 21 Signed this tq dayof ~e~ce~--ke, r' ,2000. STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Onthis/9 dayof ,/")e_c~,-~/~e~- ,2000, before me, _.qord,,'aej"-Tt--or+- , a Notary Public in and for the State of Iowa, personally appeared ~-,.~-t,s-//4/. /-~ L r'ntt~Z and tl4~,r-~_~,/{. /~,,'v', , 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, pursuant to Resolution No. oo -~7 , passed by the City Council on the fi day of t-Deced,,xhedr ,2000, and that '~r'r~'~t/4Z L-,./-,.-~e,, ~ and /~4~'~ ~q A". /dtt,''v'' 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 said State of Iowa My commission expires: 22 EXHIBITS A. COMPLETE BUILDING PLANS B. SCHEMATIC DIAGRAM OF UNqT LOCATIONS 23 Date of Agreement November 3, 2000 REALTOR® TO City or Iowa city (SELLERS:), t. REAL ESTATE DESCRIPTION. The undersigned BUYERS hereby alter to buy real eelate in Joh nsorl County, Iowa, IceBUy known as: 2 South Llnn. Suite 1G, Iowa City, Iowa AND FOLLOWING THE LEGAL DESCRIPTION CONTAINED IN THE TITLE DOCUMENT BY WHICH THE SELLER RECEIVED TITLE TO THE PROPERTY SUBJECT TO APPROVAL OF BUYER'S ATTORNEY, or described as bUows: with any easements and appurtanant servient estates, and subjoel ~o the following: (a) any zoning and olher ordinances; (b) any covenants of record; (c) any easements olI record for public ufiitlies, roads and highways; and (d} None Other, (consiren liens, other easements, interests of othersl designated the Real Estate; provided BUYERS, on possession, are permitted to make the following gee of the Real Estate: Bust hess Corldonlln lunl 2. PURCHASE PRICE. The Purchase Price shaH be $ 313,024( Three Hundred Thirteen Thousand Twenty Four Dollars I and the methodofpaymentshallbe as follows: $5t000.00 with this offer Io be deposited upon acceptance Of this offer, in the trust account of LaDle Kroe~er to be delivered to the SELLERS upon pedormance of SELLERS' obligations and satisfaction of BUYERS' contingencies, it any, and the balance of Ihe purchase price as designated below. Select: {AI (B) and/or (C) or A. [] NEW MORTGAGE: Circle: (CONV) (FHA) o~ Th is Agreement is contingent upon the BUYERS obtaining a written commitment for a first real estate roodgage for % of the purchase price with interest on the promissory note secL~red thereby of not mo~e than % amortized ever a I8rm of net less than ~ years, with a balloon due data of col less than years. BUYERS agree to pay no more than % for lean originalien tees and poinls, and to pay In addjlion aU other customary loan costs. BUYE,~S agree upon acceptance of this offer to immediately make application for such mortgage with a commercial modgage !ender Bed to exercise good laith effor'~s to obtain a mortgage commilrnenl as above provided. Upon receiving wHIten teen commitmenl, fsupported by the lender's required appraisal) BUYERS sha~l release this contingency in writing. If BUYERS have not obtained a wrilten mortgage ban commltmenl containing the ~}bovp terms, or terms acceptable to BUYERS on or betore the day of __, either SELLERS cr BUYERS may declare this agreement null and void and paymentsrnadehereuedersilallberetumed BUYERSshaI~paytheba~ance~tthepurchaseprice~fthetime~fthec~singby~mbth~tion~fBUYERS'pers~na~fundsandthe~e~ mortgage proceeds B. [] CASH: BUYERS will pay the balance ef the purchase price izl cash at the time of closing. This Agreement is not contingent upon BUYERS obtaining such funds. C. [] OTHER FINANCING TERMS: This sale subleer to the attached ADDENDUM D. [] If a Mortgage Assumption, Installment contract Assumption, or Installment contract Sale. see attached addendure. 3, POSSESSION. If BUYERS fireely perform aft obfigafions, possession for the Rea~ Estate shalt be delivered to BUYERS on or before February 6, 2001 with any adjuslments of rent, taxes, insurance, interest, and other applicable maltere to be made as of the data of transfer of possession. Closing of the transaction shall occur after approval of title and vacation of the premises by the SELLERS, in the condition ready Ior BUYERS' possession. Possession shall col be delivered to the BUYERS until completion of the closing, which shall mean delivery Io the BUYERS of all tille transfer documents and receipt of the purchase price funds then due from BUYERS. If by mutual agreement the parties select a rifletoni possession or cbsthg date, they shaft execute a separate agreement setting forth the terms thereof 4. REAL ESTATE TAXES. SELLERS shaft pay oil real estate taxes which are due and payable and constitute arten againsl the above described Real Estate and any unpaid real estate taxes for any prior years. Except for the tax proration heroinafter set forth, BUYERS shaEI pay e'l subsequent real eatale taxes. SELLERS shall also pay a prorated share of the real eelate taxes for the fiscal year ending June 30. 2001, and payable in the fiscal year commencing Ju~y 1, 2001, based upon one of the following formulas: Eeleel (A) (B) or (C). A [] Net taxes payable in the current fiscal year in whlc'l possession is given to Buyers. too not select this alternative if the current years taxes are based upon a vacant lot or partial conslructien assessmenl. I B. E2] Nal laxes paid in the curtoni fiscal year of possession [pius/ minus) % lhareofi C [] An amount calculated based upon the assessed valuation, leg!slative tax rollback, and real estate tax exemptions thai will actuaUy be applicable to and used for the calculation of taxes payabie In the fiscal year commencing July 1 2001 !f at time of clos;ng, the lax rate is not cedi~ed, then the most current, certified tax rate shall be used. 5. SPECIAL ASSESSMENTS. Select: (A) or (B) A. [] SELLERS shall pay all special assessments which are a lien on the Reel Estate as of the dote of closing. B. [] SELLERS shalI pay all installments of special assessmania which are a Iien on the Real Estate and, if not paid, would become darinquent during the calendar year this offer accepted, and all prior installments Ihereof AIr other specia~ assessments shal~ be paid by BUYERS. FIXTURES. All property that integrally belongs ~o or is part ol the Real Eelate, whether attached or detached, such as light fixtures, shades. rods, bUnds, automatic garage door openers and transmitter units, aft drapery rods and curtain rods, awnings, windows, slorm doors, screens, p~umbing fixtures, water heaters, water sofTenere (unless water softener is rental), automatic heating equipment, air conditioning equipment, wall-to-wall carpeting, mirrors attached to wafts or doom, firepiece screen and grate, attached barbecue grills, weather vane, aft built-in kitchen appliances, built-in items and electrical service cable, outside telev;sicn towers and antenna, fencing, gates and landscaping shall be considered part of Real Estate and also including the f~llowing: None. The following Ilenns shaiJ be excluded: NONE. 7. DEED. Upon payment of the purchase plice, SELLERS shah convey the Real Eelate to BUYERS or Ihair assignees, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 (a) through I(d) Any general warranties of title shall exland only th lhe time of acceptance or this offer, with special warranties as to acts or SELLERS continuing up Io time of deliver/of the deed 8 TIME IS OF THE ESSENCE. Time is of the essence ir~ this contract. g. CONDITION OF PROPERTY. A. The property as of the date of this Agreemenl including buildings, grounds, and all improvemen[s wiff be preserved by the SELLERS In Its present condition until possession, ordinary wear end tear excepted. The SELLERS warrant that ~he heating, electrical, plumbing, and air condilioning syslems and all included applianCes will whether subjecl Inspection set forth heroinafter or not, be in good working order and condition as of the date of deliver/Of possession. The BUYERS shall be permitted access to the properly prior to possession or closing, whichever Is sooner, in order to determine that there has been no change in the condition Of the property and that it Is ready for BUYERS' possession. B. The BUYERS must choose one of the following allernati~,es relative th the condiUon and quality or the property: 1 } [] Within 10 calendar days after the acceptance date. the Buyers may, at their sole expense, have the property inspected by a person or persons of their choice. The inspection shall cover the MAJOR COMPONENTS of the neat Estate: cenlrai healing system, central cooling system, plumbing system, electrical system, roof, walls, cetlthg, foundation and basement, if any. Within Z calendar days after completion ol the inspection period, the BUYERS must notify in writing the SELLERS' selling agent, as shown heroin, of any major deficiencies. The noUficatien musl be ac~mpanied b), a copy of the written thspecfion report and by a written estimate from a qualified conlraclor for the cost Of repair oi' such deficiency. IN THE ABSENCE OF WRITTEN NOTICE OF ANY DEFICENCY FROM BUYER, WITHIN THE T~ME SPECIFIED HERE, THIS PROVISION SHALL 8E DEEMED WAIVED BY PARTIES AND THIS CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT The SELLERS shall, within Five (5) calendar days after receipt or BUYERS' notification. nolify the BUYERS In writing of what steps, rf any, the SELLERS will take to correct such deficiency before closing. The BUYERS shall, wilhth FIVE (5) days after receipt of the SELLERS' notification, notify in writing the SELLERS' Eelring Agent that, (11 such slops are acceptable, in which case this Agreement, as so modified shall be binding upon aft padies; or (2) lhat such steps are not acceptable, in which case this agreement shaft be null and void. and any earnest money shall be returned to BUYERS. 2} [] BUYERS acknowledge that they have been advised of their right of property inspection and have declined th make said inspection. t 0. WOOD DESTROYING INSECT INSPECt'ION. Select (A} or (B) A) [] Withth 10 calendar days after the finat acceplance date of the Offer, BUYERS may, at BUYERS' expense have the property inspected for termites or other wood destroying inseels by a licensed Pest Inspeclor. ff active infestallon is discovered, SELLERS shell have the option of either having the property treated br thfestation by a licensed pest Exterminator and having any damage repaired th the BUYERS' satisfaction, or declaring the Agreement void. This provision shall not apply to fences, trees, shrubs, or outbuildings other Ihan garages. BUYERS may accept the property in its existing condition without such treatmerrt or repairs. B) [] BUYERS acknowledge Ihal they have been advised of their right ol a peel inspection and have declined to make said thspection unless required by lending institution at which lime said inspection would be at Buyers' expense and the Buyer will have the same rights as under paragraph 10A if active infestalton of damage due to prior infestation is discovered. 11. INSURANCE. SELLERS shali bear the risk ot IDes or damage Io tee properly prior to dosing or possession, whichever hrsJ occurs SELLERS agree to rnainlai~ existing irl~.Urance ~'J BUYERS may purchase additiena~ insurance. In Ihe event of substantial damage or destruction prior to closing, this agreemen~ shall be null and void, unless otherwise agreed'bribe par~je~. The propedy ehatl be deemed substantially damaged or destroyed jf it cannot be restored to its present condition on or belore the closing date; provided, however, BUYERS Shall have the opljon to complete the closing and receive insurance proceeds regardless of the extent of damages. USE OF PURCHASE PRICE. At time of selllemenL funds of the purchase price may be used to pay laxes and other liens and to acquire outstanding interests. if any, of others. 13. ABSTRACT AND TITLE. SELLERS, at their expense, shall promplly obtain an abstract of tffie to the Real Estate continued through the date of acceplance of this offer, and deliver i~' to BUYERS for examinelion. It shal; show merchantable title in SELLERS names in corlfurmity wilh this agreement, bwa law, and Tige Standards of the Iowa State Bar Assosiation. The abetrest shall Paceroe the properly of the BUYERS when the purchase price is paid in full. SELLERS sha~l pay the co~ls of any additional abstractleg and gtie work due to any act or omission of SELLERS, including transfers by or the death of SELLERS or their assignees If, at the time of closing there remain antesOlved tide objections, the parties agree to escrow from the sale proceeds a sufficient amount to protect the BUYERS' interests until said objections are corrected, eriewing a leasenable tiroe for the corrections of sa~d objections; provkJed, however, Inat if ~he commatotal mortgage lender of tr~e BUYERS will not make the mortgage funds available with such escrow, the provisions for escrow for title defects aha~[ not be applicable. 14. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. II SELLERS, immediately preceding asceptance of the offer. hold tdle to the Real Eelate in Joint tenancy with full dghl of survivorship, and the joint tenancy is not later deslroyed by operation of law or by acts of the SELLERS, then the proceeds of this sale, and continuing or recaplured dghts of SELLERS in the Real Estate, shall belong to SELLERS as joint leeants with full rights of survivorship and not as tenants in common; and BUYERS, in the event of the death of either SELLER, agree to pay any balance of the price due SELLERS under this contract to the surviving SELLER and to accept a deed from the surviving SELLER consistent with paragraph 7. 15. JOJNDER BY SELLER'S SPOUSE. SELLER'S spouse, if eel a title ho~der immediately preceding acseptance of this offer, executes this contract only for the purpose of relinquishing of all rights el dower, homestead and distributive share or in compliance with Section 581.13 of the iowa Code and agrees to execute the deed or real estate contract for this purpose. 16, REMEDIES OF THE PARTIES. A if buyers fail to tin"~ly perform this ccntracl, SELLERS may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, al SELLERS' option, upon Thirty (30) days written notice of inlenlion to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) SELLERS may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed In equity and the Court may appojnl a receiver. B ff SELLERS fail to timely perform this contract, BUYERS have the right to have all payments made returned to them. C BUYERS and SELLERS also are antilied to utilize any and ale olher remedies or actions at law or in equity available to them and shall be entitled te obtain judgmenl for costs and attorney fees as permitted by law. D in the evenl the BUYERS fail to perform their obligelions hereunder and the SELLERS successfully forfeit any paymenlo mode under this contract, the Broker shall receive from the SELLERS one-half of the tedoiled payment. said one-half not to exceed the total commission hue to the Broker. In the event the SELLERS fail to podelm SELLERS' obligations under this cent/act when required to do so, SELLERS shal~ pay Jo Broker the Bmker's commission in the amount set forth in the SELLERS' Listing Agreement with the SELLERS' Broker. 17. STATEMENT AS TO LIENS. Ir BUYERS intend to assume or take subject to a lien on the Real Eststs, SELLERS shall furnish BUYERS with a wdtten statement pdor to closing froin the holder of such lien, showing the correct balance due. 18. APPROVAL OF COURT. if the sa~e of the Real Eelate is subject to Court approval, Ihe fiduciary shall promplly submLi this contract for such approval If this contract is not so approved by the NA day of NA, NA, either party may declare this contract null and void, and all payments made hereunder shall be returned to BUYERS. 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST, This contract shall apply to and bind the successors and interest of the parties. 20. CONSTRUCTION. Words and phrases shail be constreed as in the singular or plural number, and as masculine, feminine or neuter gender, according to context 21. SURVEY AND SQUARE FOOTAGE REPRESENTATION. The BUYERS may, prior to closing, have the properly surveyed at their expense. If they survey, cedi~sd by a Registered Land Surveyor, shows any encroachmenl on said properly or any improvements located on the subject propedy encroach on lands el others, such encroachmonte shatl be treated as a title defect. Assuming a mpresenlafion for square footage has been made, BUYERS understand and agree that said represenlation is only an approximation of the exact number of square feel the properly contains. The BUYERS have the right to obtain their own measurement of square footage. 22. AGENCY DISCLOSURE. The Listing and Selling Agents/Brokers are agents of the parties hereto as outlined below, and their fiduciary duties of Joyally and faithfulness are owed to the party they represenl. However, they must treal the other party with honesty and fairness. The SELLER in this transaction is represented by: Kevjn Hanick I Lepic Kroeger Realtors (Agent/Brokerage Names}. The BUYER in lhis transaction is represented by: Jeff Edberrl I Coldwell Banker Real Estate Professionals (Agent/Brokerage Names). II Agent (including Appointed Agency) and/or Brokerage {including Consensual DuaE Agency) Names are shown as representing both parties, a detailed explanation of represenlalion shall be attached. Further, the BUYER and SELLER acknowledge that prior to signing this agreement that their reepestive Listing or Selling agent made a written disclosure of lype of representation. 23. [] RESIDENTIAL PROPERTY SELLER DISCLOSURE STATEMENT. The Buyer(s) acknowledge receipt of the Residential Property Seller Disclosure Statement prior to executing this Purchase Agreement. A copy of the Residential Properly Seller Disclosure Statement is attached to the Purchase Agreement. 24. NOTICE. Any notice required under this Agreement under this agreement shall be deemed perfected when it is received an writing either by personal delivery or upon the date of the posting of said notice posted by Cedified Mail Copies of all such notjces shah be also sent tc lhe Listing Agent and Se~ling Agent as designated in this Agreement, or their Brokers. For the SELLERS: City of Iowa CIty Address: 410 East Washinclton Street, Iowa City, Iowa 52240 Forthe BUYERS: Donna Zender Address: 250 Twelfth Avenue, Coralvilla, Iowa 52241 25. REPRESENTATIONS. ~t is understood thai no representations made by the agent in the negotiation of this sa~e are being relied upon unless incorporated heroin or endorsed in writing. 26. COUNTER PARTS CLAUSE. All parties agree Io be bound to this contract even if every party does net sign on one origina!, as 3ong as each copy that is signed is Identical to eveP/other signed COPY. 27. OTHER PROVISIONS. This sale is subject to the attached ADDENDUM 28. TiME FOR ACCEPTANCE. If this offer is not accepted by SELLERS on or before 5; 00 o'clock (I']AM. I [] PM.I, oil November 8, ;~000 It shah become void and alt payments shall be repaid to the BUYERS. '** THIS IS ALE , INDING CONTRACT. ~F NOT UNDERS O~LD, SEEK COM ETENT LE AL DVICE , N ,ye; er3 000 . .a, ,:00 <=A.M..[]P.M.) ,, "!,' __ ' ~ ~ . ,_ .' .,' ~UA ' , ',, ,,~, / ,' "' _ c-_ ~ALB YR [/P S A ~,, SELLER SS# SELLLER SS# For Informalion on~y The Seller(s} receipt of the offer (DATE) (TIME) (INITIALS} ADDENDUM This Addendure is to that certain Residential Real Estate Purchase Agreement dated November 3, 2000 for the purchase of 2 South Linn Street, Suite 1G, Iowa City, Iowa between the City of Iowa City (Seller) and Donna and Vic Zender (Buyer). The parties agree to the following terms, conditions and additions to the Purchase Agreement. 1. The Buyer shall have 30 calendar days from mutual execution of this Agreement to perlbrm a construction feasibility study of the Property. If, for any reason, the Buyer disapproves this Feasibility Study, this sale shall be null and void and of no further force or effect and the earnest money shall be returned to the Buyer. 2. This Sale is subject to the approval of the Iowa City Council within 60 days of this Agreement. 3. The Seller will include 4 parking space permits with this sale. The details and location shall be agreed to within 30 days of this Agreement. 4. The Seller shall credit the Buyer $t,037.50 ti3r painting, $672.00 tier electrical and $2,849.00 fi3r ceiling tile at closing. The Seller will deliver the property to the Purchaser in compliance with all applicable building codes and regulations, and will provide a 5 year structural and 1 year general builder's warranty, 5. Seller to replace improperly etched windows prior to closing. 6. Buyer may have reasonable access to the property prior to closing for planning and interior construction providing the Buyer obtains the appropriate liability insurance and names the City of Iowa City as co-insured. If the Buyer fails to close, the Buyer shall have no claim on any improvements made to the Property. 7. This sale is subject to the buyer obtaining financing suitable to the Buyer within 30 days of this Agreement. If the Buyer is unable to obtain said financing within the 30 day period, this sale shall be null and void and of no further force or effect and the earnest money shall be returned to the Buyer. 8. Buyer and Seller acknowledge and agree to the contents of the attached document labeled Purchaser's Responsibility. 9. This Agreement is subject to the Buyer's attorney reviewing and approving all purchase documents, Condominium documents, Covenants, Conditions and Restrictions within 7 calendar days of mutual execution hereof. Signed and Accepted: SELLER: Date BUYER: , · / (~~ Date ,/ Date COUNTER OFFER Address of property: 2 South Linn Street- Unit 1 G, Iowa City, I_A The Selrer declines Io accepl the terms of the purchase agreement attached hereto; however, the undersigned sul}mit to the Buyer herein/he following counter offer: 1 Change of purchase price: None 2 Change of possession date: None 3 Other changes: See attached addendum. 4. In all other respects net inconsistent with the terms of this counter*offer, the counter-offer includes lhe same terms as set forth in this purchase agreement as submilted by the Buyer 5. This counter-offer must be accepted by the Buyer, by indication the Buyer's acceptance hereafter, no later than 5:0__~0 o'clock P.M on the 13th. day of November, 2000. In the event the counter-offer is not thus accepted, the counter-offer shall be null and void and any payments made herein shall be relurned to tile Buyer. If this counter-offer is accepted, the counler-offer shall become a binding contract for sale and purchase of/he real property described in this counter-offer and purchase agreement SELLER S.S.# This counter-offer and ils terms are accepted by the Undersigned Buyer on this B y~r ~' U S.S.~ LEPIC-KROEGER REALTORS 2346 Mormon Trek Bird. · iowa City, IA 52246 · (3 19) 35 L~88 [ [ Purchaser's Responsibility: · F. ach t~mant will be required[ to gain their own building permit for all work completed within their commatrial space. No work wLtl be allowed to commence until a permit is obtained. · Domestic water will be stubbed ~W the mechanical room of each cCmmerci_'a! space. The tenav. t will be responsible for providing branch water supply lines from this point to each plumbing fL'<ture as required. · Sanitary. sewer and sewer vent lines wffi be stubbed into each commercial space in one location each. Th~ tenant is responsible for pror;dtng waste piping each plumbing fixLure. T. ne ~es~ant is also nsponsible for providing vent pipirtg as required and tying it iv. to the building vent system. · General sprinkler ~teacts are provided in each space given an open plan. The tenant will be responsible for changing me spnnkler layout to stttt thetr needs and gaming approval from the Fire Marshal for these changes. · Some branch supply ductwork is provided to each commercial space. This ctuctwork is designed foz distributing the air within the space if it is fully open. The tenant will be required to design and provide all branch ductwork added to hhat given in the ramp Contract, The tenant will be required tu design and provide all work xequirea to add additional zones within their conunerclal space and have this w~k compatible with t2te Trane control sys.ten~ so the energy consumption within each space can be monitored wifl~in that space. · Gas service will be provided by each tenant from i~s entry point on the south siae of the builcllng. · An electrical panel will be provided in each tertartfs mechanical room. The b~,ant is responsible for providing all branch circuits within their commercial space. · Cixcuits for the entxance lighting outside each commercial space's entrance is already provided. · Some inexpensive general Lighting is already provided. , No outlets an pr0victecl. '12-t 9-00 Prepared by: Doug Boothmy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 3564 19 RESOLUTION NO. 00-428 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO A'FrEST A CONTRACT WITH PAT MOORE CONSTRUCTION COMPANY, D/B/A MOORE CONSTRUCTION COMPANY, FOR THE CONSTRUCTION OF A SINGLE-FAMILY HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM (1605 DICKENSON LANE). WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, on September 14, 1993, City Council considered and passed Resolution No. 93-255, approving a Section 5(h) implementing agreement with HUD for the conversion of public housing to private ownership, also known as the Tenant-To-Ownership Program; and WHEREAS, under this agreement the proceeds from such sales must be used to expand affordable housing opportunities in Iowa City; and WHEREAS, the Iowa City Housing Authority has negotiated a contract with Pat Moore Construction Company, d/b/a Moore Construction, for the construction of a single-family home at 1605 Dickenson Lane in the amount of $129,980; and WHEREAS, the home would be sold under the Affordable Dream Home Opportunities Program to a family who earns up to 80 percent of the median income; and WHEREAS, the home would benefit the citizens of Iowa City by expanding affordable home ownership opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CI'r'Y, IOWA, THAT: under the direction of the City Attorney, The Mayor and the City Clerk are hereby authorized to sign and attest a contract between. the City of Iowa City and Pat Moore Construction Company, d/b/a Moore Construction Company, for the construction and acquisition of a single-farnily dwelling at 1605 Dickenson Lane, Iowa City, Iowa. Passed and approved this ].9th day of December ,20 00 Approv~ CI City Attorney's Office It was moved by Pfab and seconded by VandPrhnP. f 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 hisadm/res/moore.doc ADVERTISEMENT FOR BIDS CONSTRUCTION OF A SINGLE FAMILY HOME (1605 DICKENSON LANE) UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 13th day of December, 2000, or at a later date and/or time as determined by the Director of Housing and Inspection Services or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the Director of Housing and Inspection Services or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 19th day of December, 2000, or at such later time and place as may be scheduled. The Project will involve the following: Construction of a single family home and all necessary site work on Lot 98, South Pointe Addition, Part 5, Iowa City, Iowa All work is to be done in strict compliance with the plans and specifications which have hereto- fore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid security in the sum of 5% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. This bid security of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid securities will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The bidder's security shall be in the form of a cashier's or certified check drawn on a bank in Iowa or a bank chartered under the laws of the United States, or a certified share draft drawn on a credit union in Iowa or chartered under the law of the United States, or a bidder's bond with corporate surety authorized to contract as a surety R-1 in the State of Iowa. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Completion date: May 10, 2001 Liquidated Damages: $100 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Director of Housing and Inspection Services, Iowa City, Iowa, by bona fide bidders. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK hisadmin\adbids2-1 .doc 11/00 R-2 '124 9-00 20 II Prepared by: Ron Knoche, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 00-429 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C- 52. WHEREAS, the City of Iowa City, Iowa has negotiated an agreement with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation for STP project STP-1-5(69)--2C-52 for the reconstruction of North Dodge Street from the one way pair at Governor Street north to the 1-80 interchange. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation funds. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 191:h day of Decemb ,20 00 ove C L~R'~z/'2 City Attorney's Office It was moved by Vander'hoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng/reslndodge.doc Staff Action No: COOPERATIVE AGREEMENT County Johnson City Iowa City Project No. STP-1-5(69)-2C-52 Iowa DOT Agreement No 2000-16-173 I'T IS AGREED between the State of Iowa, Iowa Department of Transportation (herein DOT),. .Project Development Division and the City of Iowa City in Johnson County, Iowa, (herein CITY) in accordance with Iowa Code Sections 28E. 12 and 306A.7 as follows: 1. The CITY, in joint cooperation with the DOT, proposes to develop and construct a project tbr reconstruction of Iowa 1 (North Dodge Street) within the CITY from the north end of the Iowa 1, Governor Street/Dodge Street one-way pair, extending northeasterly to the 1-80 interchange south ramp terminal. The proposed project will provide for a three-lane cross section from the end of the,' one-way pair noaheasterly to a tie-in with the CITY's 1999 project at Captain Irish lane. A four-lane undivided cross section will be provided from the CITY's Captain Irish Lane project northeasterly to 1-80. The total estimated cost of this concept is approximately $5,857,210 which includes engineering, right of way and construction. Total project costs will be split between Fiscal year 2001 ($1,519,000) for engineering and right of way and Fiscal Year 2003 ($4,339,000) for construction. 2. The proposed Iowa 1 improvement, as described, will be provided in accordance with the following terms and conditions: A. The CITY will engage a consultant to provide the environmental assessment (at the expense of the CITY). B. DOT consultant selection procedures will be used. C. The CITY will engage a separate consultant to provide design, construction administration, construction inspection, and property acquisition services for the proposed project. The project design will include appropriate storm drainage improvements and establishment of right of way needs. 2 D. Final plans must be approved by the DOT no later than 12 weeks prior to the project letting. E. The DOT will let the project. F. Project funding will be as follows: (1) CITY STP Funds (lump sum) - $ 887,759 (2) CITY local funds (lump sum) - $ 221,939 (3) DOT Primary Road Funds (Estimated) - $4,747,512 Estimated Total $5,857,210 G. Actual project expenditures exceeding the total estimate of $5,857,210, will be borne entirely by the DOT. 3. The CITY is hereby authorized to acquire all project related right of way. Permanent acquisitions will all be acquired in either the name of the CITY or State depending on whether they lie within the limits of Iowa 1 or an established CITY side street. All temporary acquisitions (temporary easements) will be acquired in the name of the: DOT. A. If needed, the CITY shall also offer relocation assistance in accordance with appropriate federal and state regulations. For relocation assistance, the CITY' shall provide the DOT with notification that they have complied with Iowa Code, Chapter 316 as amended by the 1999 Iowa Acts Chapter 171. B. The CITY will prepare and provide the DOT with all appropriate land surveyor's plats and descriptions for the new right of way to be acquired. C. The CITY will prepare and provide appraisals on all acquisitions in which the, estimated value of acquisition exceeds $10,000. On those acquisitions under $10,000 the CITY may choose to appraise and/or use procedures in the DOT right: of way manual. All appraisals provided by the CITY shall be reviewed by the, DOT (at DOT cost) prior to an offer being made. D. The CITY will provide their own acquisition agents who will keep a complete, record of personal contacts. 3 E. The CITY shall offer to pay the approved appraised value for all parcels. Any variance in the offer must be cleared by the DOT prior to the acquisition. Any variance from the appraised value must be properly documented by written administrative settlement. F. The CITY will properly close the sale of each parcel and shall furnish the DOT copies of all completed contracts, deeds, conveyances and condemnation documents (for state right of way). G. Upon completion of the acquisition for each parcel, all original documents for said acquisition shall be delivered to and become the property of the DOT. H. The CITY must certify no later than 12 weeks prior to the letting that the CITY has acquired possession of all required right of way. Should eminent domain proceedings be required, the CITY will condemn or appeal in the name of the CITY or the State of Iowa, whichever applies. For eminent domain proceedings, the CITY shall provide the DOT with notification that they have complied with Iowa Code Chapters 6A & 6B as amended by the 2000 Iowa Acts, House File No. 2528 and Senate File No's 2327 & 2212. The project letting will not be held until the CITY has certified that the right of way has been acquired. I. The CITY may take separate bids for demolition and/or relocation of structures acquired for right of way purposes. J. Upon receipt of a properly documented billing, the DOT will reimburse the CITY for 100% of the actual right of way acquisition costs. K. The CITY as well as their contractors, if any, agree to maintain all books, documents, papers, accounting records and other evidence pertaining to all costs incurred under this Agreement and to make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of the final payment under the Agreement, for inspection by the DOT or Federal Highway Administration, and copies thereof shall be fumished if requested. If more than a nominal number of copies are requested the additional copies shall be furnished at the expense of the requesting agency. The CITY will maintain these records. L. The CITY shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which in any manner affect the work. 4 M. In carrying out any provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability upon the authorized representatives of the DOT, it being understood that in such matters they act as agents and representatives of the DOT. N. The CITY shall indemnify and save harmless the DOT and all of their officers, agents, and employees on account of any damages to persons or property resulting from the CITY' s activities in connection with the prosecution and completion of the work covered by this Agreement. O. In accordance with 761 Iowa Administrative Code Section 150.3( 1 )(b), the CITY will be responsible for providing without cost to the DOT or project all right ot' way which involves dedicated streets or alleys, and other city-owned lands, easements and rights in land except park lands, subject to the condition that the, DOT will reimburse the CITY for the value of improvements situated on said city-. owned lands, if any. The CITY has apprised itself of the value of these lands, and, as a portion of their participation in the project, voluntarily agrees to make, such lands available without further compensation. 4. The CITY shall ensure that disadvantaged business enterprises (DBE), as defined in 49, Code of Federal Regulations (CFR) Part 26, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under the Transportation Equity Act for the 21 st Century. This includes those contracts for reconstruction of primary highways and the aquisition of materials or equipment for any Federal Aid Highway Program project. While no specific commitment or numeric goal has been established for this specific: project, the CITY is encouraged, in accordance with 49 CFR 26, to make a good faith effort to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The Standard Provisions for Federal-Aid DBE compliance is attached to this document as Exhibit "A". 5. The CITY shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person shall, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the CITY receives State funds from the DOT. 6. Prior to letting of the proposed improvement, the DOT will submit a Preconstruction Agreement to the CITY which will outline additional project details as well as CITY and DOT obligations. 7. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional. 8. This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original. 9. This Agreement as set forth in paragraphs 1 through 9 herein (inclusive) represents the, entire Agreement between the CITY and DOT. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed Addendum to this Agreement. 6 IN WITNESS WHEREOF, each of the parties hereto has executed Preconstruction Agreement No. 2000-16-173 as of the date shown opposite its signature below. CITY OF IOWA CITY: i~ Mayor I, [vlari an K. Karr , certify that I am the Clerk of the CITY, and that Ernest Id. Lehman , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same on the 19th day of December ,2000. City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: j~ti~ C?./~tat'3 Date J e' eZ ,2000. Richard E. Kautz District Engineer District 6. EXHIBIT "A" Standard Provisions for Federal-Aid Project Agreement 1. Since this project is to be financed with local and Federal funds, the CITY shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities in which a City and/or it's contractors receive Federal-aid, no person in the United States shall be excluded from participation in, be denied the benefits o[ or be otherwise subjected to discrimination on the grounds of race, color, national origin, sexy. age or handicap/disability. The DOT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal-aid projects. 2. The CITY shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DOT's Action Plan for project environmental studies including historical/cultural reviews and location/design approval. Iffarmland is to be acquired, whether for use as project right-. of-way or permanent easement, the CITY shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service.. (NRCS). 3. The CITY shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DOT, etc. 4. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The CITY shall submit the plans., specifications and other contract documents to the DOT for review and authorization to let the, project. 5. If Federal-aid is requested for in-house engineering services, the CITY will follow the procedure outlined by the DOT. The CITY, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State~ Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. 6. If Federal-aid is requested for preliminary and/or construction engineering costs, the CITY will select a consultant(s) in accordance with the DOT's consultant selection process. 7. The CITY and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). This is required only if the CITY uses federal funds for engineering services. 8. After the contents of the consultant contract have been mutually approved, the CITY shall execute,' the contract and forward the same to the DOT for authorization only if federal funds are used for engineering services. 9. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the CITY will repay to the DOT an amount equal to the amount of Federal funds made available for such engineering. 10. The CITY shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DOT's Right of Way Manual. The CITY shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in Right of Way purchase, are involved. The CITY will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the CITY requests; Federal-aid participation for right-of-way acquisition, the CITY will need to get environmental concurrence and Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 11. The CITY shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the: CITY for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 12. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 13. The CITY shall forward a Federal-aid Project Development Certification and final PS&E to the DOT. Following FHWA's authorization, the DOT will advertise the projects for letting and furnish the CITY with a sample letting package. The CITY shall comply with the public hearing requirements of the Iowa Code Section 384.102. 14. lithe project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the DOT in accordance with its normal letting procedures. After bids are received and reviewed, the DOT will furnish the CITY with a tabulation of responsive bids received. 15. When let by the DOT, the DOT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DOT will mail three (3) originals of the unexecuted contract(s) to the CITY. 16. The CITY shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the CITY shall forward to the DOT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of insurance. 17. If Federal-aid is requested for force account construction, the CITY will follow the procedure outlined by the DOT. 18. The DOT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds. 19. The CITY shall comply with the procedures and responsibilities for materials testing and construction inspection according to DOTs Instructional Memorandums (I .M.'s). The DOT will bill the CITY for testing services according to its normal policy. 20. The project shall be constructed under the DOT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the CITY for individual construction items shall be approved by the DOT. 21. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the CITY will repay the sum or sums of Federal funds in the right of way to the DOT. 22. The CITY may submit to the DOT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 23. The DOT shall reimburse the CITY for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DOT determines the CITY is overpaid, the CITY shall reimburse the overpaid amount to the DOT. 24. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DOT accepts the project as complete. 25. The CITY shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The CITY shall also make such materials available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the CITY if requested. 26. The CITY agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. 27. The CITY shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DOT and the FHWA. 28. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The CITY stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The CITY agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 29. If the CITY elects to levy special assessments as a means of raising the local share of the total project costs, the CITY shall reimburse the DOT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provisions of Iowa Code Chapter 384. The CITY agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the CITY) from special assessments levied for this project exceed the local share of total projects costs, the CITY shall refund to the DOT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The CITY shall notify the DOT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DOT shall credit reimbursement billings to the FHWA in the amount of refunds received from the CITY. Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-430 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN SHORT-TERM LEASES FOR SPACES IN THE OLD J.C. PENNEY BUILDING FOR THE PERIOD OF TIME BETWEEN THE CLOSING OF THE CITY'S PURCHASE OF THE BUILDING AND THE DATE ON WHICH THE CITY MUST HAVE POSSESSION OF THE BUILDING. WHEREAS, the City of Iowa City and the owners of the old J. C. Penney Building on the corner of' Dubuque and College Streets have entered into a purchase agreement for pu[chase by the City of the J. C. Penney Building on or before March 1, 2001; and WHEREAS, closing of the purchase will occur immediately after the termination of the Lenoch & Cilek lease and the subleases; and WHEREAS, the City will not need actual possession of the building for demolition until sometime after March 1, 2001; and WHEREAS, it may be beneficial for some of the subtenants in the building to extend their leases beyond March 1, 2001, and the City is receptive to such subleases if mutual agreement on terms can be reached; and WHEREAS, the City Manager should be authorized to negotiate and sign such short-term leases. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Manager is hereby authorized to negotiate and sign short-term leases for spaces in the old J. C. Penney Building for the period of time between the closing of the City's purchase of the building and the date on which the City must have possession of the building. Passed and approved this 19th day of December' ,2000. ATTEST:' ' '/~. C~ City Attorney's Office eleanor/res/subleasepenney. doc Resolution No. 00-430 Page 2 It was moved by ChamDi on and seconded by 0'Donnel 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 Wilburn RESOLUTION NO. 00-431 RESOLUTION RATIFYING THE SETTLEHENT OF PENDING LITIGATION. WHEREAS, Negeso Bati and Birkitu Shukarey filed a lawsuit in the Johnson County District Court,, No. 060039, against the City of Iowa City with regard to alleged injuries sustained on July 17, 1997, as a result of being struck by a City vehicle operated by a City emp[oyee; and WH EREAS, all parties in this matter have arrived at a settlement agreement and wish to resolve thE! claim without further litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Negeso Bati and Birkitu Shukarey in the amounts of $35,000 and $55,000, respectively, in full satisfaction of any and all claims which claimants and/or parties may have against the City in the above matter, in consideration of the each claimant's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. Johnson County District Court case No. 060039 should be and is hereby settled, and said settlement, as previously discussed in executive session on December 18th, 2000, is hereby ratified for the sums of $35,000 and $55,000, payable to each Negeso Bati and Birkitu Shukarey, respectively, and of their attorney of record, in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves said settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon execution of an appropriate release and dismissal of the City of Iowa City from Johnson County District Court case No. 060039, with prejudice. Passed and approved this Z9th day of December ,2000. .........ARprove~~ CI~ERK ~tomey'~ /cada~/leEal/sarah/liti~a/ba~/se~lmentres Resolution No. 00-431 Page 2 It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn