HomeMy WebLinkAbout2005-11-01 Resolution 11-01-05
4C(13)
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 05-344
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/her 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 wi'~;
Que - 211 Iowa Avenue
Kandy Land - 928 Maiden Lane
Passed and approved this 1st day of November ,20 05
CITY~;LERK ' ' ' :--
It was moved by Bailey and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
x Lehman
× O'Donnell
× Vanderhoef
x Wilburn
- i-~-01-05 ~
_ 4d(1)
Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-345
A RESOLUTION OF INTENT TO GRANT A PERMANENT UTILITY EASEMENT
IN THE PENINSULA NEIGHBORHOOD AND SETTING A PUBLIC HEARING ON
SAID EASEMENT FOR NOVEMBER 15, 2005
WHEREAS, to facilitate the installation of utilities and development within the Peninsula
Neighborhood Development Neighborhood Second Addition, Peninsula Development Company
LC and MidAmerican Energy Company are requesting that the City grant MidAmerican a utility
easement on property currently owned by the City and located to the north of Foster Road,
Walker Circle, a private alley and Lot 51 currently located within Peninsula Neighborhood Second
Addition;
WHEREAS, the property subject to the proposed easement is ultimately to be conveyed to
Peninsula Development Company LC pursuant to the Peninsula Neighborhood Development
Agreement, and the easement is consistent with the proposed development of the land as shown
on the approved preliminary plat.
WHEREAS, said easement is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The City Council does hereby declare its intent to grant the above-described permanent
utility easement to MidAmerican Energy Company.
2. A public hearing on said proposal should be and is hereby set for November 15, 2005 at
7:00 p.m. in Emma Harvat Hall of City Hall, 410 East Washington Street, Iowa City, Iowa,
or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted
by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said
public hearing to be published as provided by law.
Passed and approved this ;~st - day of ~pv~er
ATTEST: ~2~,.~/._,..~.,.~_.~ .,~'/'..,~..~
CIT'C'~LERK
Resolution No. 05-345
Page 2
I[ was moved by Bailey and seconded by Vanaerhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
X Champion
x Elliott
× Lehman
× O'Donnell
x Vanderhoef
x Wilburn
1 ~ -01-05
Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 4d(3)
RESOLUTION NO. 05-346
RESOLUTION OF INTENT TO CONVEY PORTIONS OF THE RIGHT-OF-WAY
IN AN ALLEY IN BLOCK 13, COUNTY SEAT, A PORTION OF SOUTH
MADISON STREET AND A PORTION OF DES MOINES STREET, TO THE
UNIVERSITY OF IOWA, AND SETTING A PUBLIC HEARING ON SAID
CONVEYANCE FOR NOVEMBER 15, 2005.
WHEREAS, the City Council is considering passage and adoption of an ordinance vacating the
following described right-of-way;
That part of the 20 foot wide alley lying adjacent to Lots 3, 4, 5 and 6 in Block 13 of the County Seat of
Johnson County, Iowa City, Iowa according to the recorded plat thereof; and
That part of Des Moines Street adjacent to said Block 13, lying Northerly of the Northerly right-of-way
line of the Iowa Interstate Railroad, except for the portion previously vacated; and
That part of South Madison Street lying between the Southerly right-of-way line of Prentiss Street and
the Northerly right-of-way line of said Iowa Interstate Railroad
and
WHEREAS, the University of Iowa, owner of adjacent property, wishes to acquire said right-of-
way from the City; and
WHEREAS, Iowa Code Section 364.7(3) provides that the City may dispose of real property to a
governmental body for a public purpose, without monetary compensation; and
WHEREAS, conveyance of said right-of-way property to adjacent property owner University of
Iowa 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 declare its intent to convey its interest in the above-
described right-of-way to the University of Iowa.
2. Public hearing on said proposal should be and is hereby set for November 15, 2005, at
7:00 p.m. in the Emma J. Harvat Hall at the Civic Center, 410 East Washington Street,
Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to
cause notice of said public hearing to be published as provided by law.
Passed and approved this ]st day of Noveroher ,20 05
Approve. d by
ATTEST:ciT,ClSLERK'~,~--~ '/~'' ,~_..4.z.~" ~itY A/~~'-~ /¢/~-'~//¢¢?
Resolution No. 05-346
Page 2
It was moved by Bailey and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
Date: October 27, 2005
To: City Council
From: City Manager
Re: Disposition of ROW to the University of Iowa (Consent calendar)
In the Council's packet is a resolution setting public hearing on the disposition of right-of-way of
a portion of south Madison Street and Des Moines Street to the University of Iowa. On various
occasions the City has disposed of excess right-of-way to the University of Iowa with no
compensation and the University has granted easements to the City for public works projects for
no compensation. I would suggest we handle this project in a similar manner and dispose of the
property to the University without compensation.
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 4e(1)
RESOLUTION NO. 05-347
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A LEASE AGREEMENT WITH S & G MATERIALS
FOR RENTAL OF A STORAGE BUILDING LOCATED AT 4213 SAND
ROAD IN IOWA CITY FOR PURPOSES OF STORAGE OF CITY
EQUIPMENT AND MATERIALS.
WHEREAS, the City of Iowa City Iowa wishes to lease a storage building located at
4213 Sand Road in Iowa City for storage of Streets Division equipment and materials;
and
WHEREAS, a Lease for said business property has been negotiated which provides for
the lease of said building from November 15, 2005, to March 15, 2005 for rent in the
amount of $5,000.00, and further provides for the continuation of said lease term, with
the consent of S & G Materials, on a month to month basis for monthly rent of $1,250;
and
WHEREAS, it is in the best interest of the public and the City of Iowa City to execute the
attached Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. The Lease, attached hereto and made a part hereof, is approved as ,to
both form and content.
2. The Mayor and the City Clerk are hereby authorized to execute and attest
said Lease.
Passed and approved this 1st day of November , 2005.
MAYOR
CITY CLERK
Approved. by
C it'y' At{'o r n~y'stOffice
Resolution No. 05-347
Page 2
It was moved by Bailey and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion-
x Elliot[
x Lehman
x O'Donnell
x Vanderhoef
x Wilburn
LEASE AGREEMENT
This Lease Agreement is made and entered into by and between S&G Materials, an
Iowa General Partnership (hereinafter "Landlord") whose address for the purpose of this lease
is 4059 SE Izaak Walton Rd, Iowa City, IA 52244, and the City of Iowa City, Iowa, (hereinafter
called "Tenant") whose address for the purpose of this lease is 410 East Washington Street,
Iowa City, Iowa, 52240.
1. Premises and Term. Landlord is the owner of certain real estate in Johnson County,
Iowa, with the local address of 4213 Sand Road containing a number of buildings,
including an office / shop / scale house building. Tenant hereby rents and leases from
Landlord according to the terms and provisions herein, the following described real
estate, situated in Johnson County, Iowa, to wit:
The office / shop / scale house building located at 4213 Sand Road,
equipped with the following utilities: electricity and LP gas. Said
building contains approximately 3,900 square feet, more or less, with
the improvements thereon and all rights, easements and appurtenances
thereto belonging,
(hereinafter "Leased Premises"), along with an easement for ingress and egress, for a
term of 4 (four) months commencing at midnight of the day previous to the first day of
the lease term and ending at midnight on the last day of the lease term which shall be:
November 15, 2005 through March '15, 2006
upon the condition that the Tenant pays rent and otherwise performs as in this lease
provided.
2. Rental. Tenant agrees to pay to Landlord as rental for said term as follows:
$5,000 due and payable November '15, 2005
In addition to the above rental, Tenant shall also pay all utilities used by Tenant. All
sums shall be paid at the address of Landlord as above shown or such other place as
the Landlord may from time to time designate in writing.
3. Possession. Tenant shall be entitled to possession on the first day of the term of this
lease and shall yield possession to the Landlord at the time and date of the termination
of this lease.
4. Use of Premises. Tenant covenants and agrees during the term of this lease to use and
occupy the Leased Premises only for storage and maintenance of equipment and
materials.
5. Care and Maintenance of Leased Premises.
a. Tenant takes the Property, Building and Leased Premises in their present condition.
b. Landlord shall keep the roof, heating system, doors, structural part of the floor, walls
and other structural parts of the Building in good repair.
c. Tenant shall after taking possession of the Leased Premises and until the
termination of this lease and the actual removal from the Leased Premises, at
Tenant's own expense, care for and maintain the Leased Premises in a reasonably
safe, serviceable and habitable condition. Tenant will not permit or allow said Leased
Premises to be damaged by any act of negligence of the Tenant, its agents,
employees Or invitees.
d. Tenant shall make no unlawful use of said Leased Premises and agrees to comply
with all valid regulations of the Board of Health, City ordinances, the laws of the State
of Iowa and the Federal government with respect to the Property, Building and
Leased Premises, but this provision shall not be construed as creating any duty by
Tenant to members of the general public. Tenant will not allow trash of any kind to
accumulate in the area or to the front, side, or rear thereof, and it will remove same
from the premises at its own expense.
6. Utilities and Services to Leased Premises. Tenant shall be responsible for the actual
costs of any and all utilities or services supplied to Leased Premises, including but not
limited to gas, electric, water/sewage, heating and/or air conditioning services, during the
term of this lease agreement. Neither Tenant nor Landlord shall furnish Janitor Service
nor air conditioning equipment and maintenance thereof.
7. Property and Occupancy at Risk of Tenant. All property of any kind which may be
brought upon or within the Leased Premises by Tenant, its employees, agents,
customers and invitees, during the term hereof, shall be at the sole risk of Tenant, and
Landlord shall not be liable to Tenant or to any other person for any injury, loss or
damage to any person or property in or upon the Leased Premises by virtue of Tenant's
use and occupancy thereof, and Tenant agrees to assume all liability for or on account
of such injury, loss or damage, except as caused by Landlord's negligence or willful
misconduct.
8. Surrender of Premises and End of Term-Removal of Fixtures. Tenant agrees that
upon the termination of this lease it will surrender and deliver the Leased Premises to
Landlord. Tenant may prior to the expiration of the term of this lease if not in default
hereunder remove any fixtures or equipment which Tenant has installed in the Leased
Premises provided Tenant repairs any and all damages caused by removal.
2
9. Holding Over. Continued possession, beyond the expiratory date of the term of this
lease, by the tenant, coupled with the receipt and acceptance of rental of $1,250 per
month by the Landlord (and absent a written agreement by both parties for an extension
of this lease, or for a new lease) shall constitute a month to month extension of this
lease.
10. Assignment and Subletting. Tenant may not assign this lease agreement or sublet the
Leased Premises without the prior written consent of Landlord.
11. Insurance/Fire and Casualty/Destruction of Premises. Landlord and Tenant may
insure their respective interests in the Leased Premises. Landlord is not responsible in
any way for any damage or destruction of the Building, the Leased Premises and/or
Tenant's property therein unless caused by the acts or omissions of Landlord. In the
event of damage to the Building or Leased Premises so that Tenant is unable or
unwilling to conduct business in the Leased Premises, or Landlord reasonably
determines that the Property, Building or Leased Premises constitute a danger or
hazard, this lease may be terminated at the option of either party. Such termination shall
be affected by notice of one party to the other within 20 days after such notice and both
parties shall thereafter be released from all future obligations hereunder. In the event of
such termination, a pro-rated share of the rental paid shall be refunded to Tenant.
12. Mechanics' Liens. Neither Tenant nor anyone claiming by, through or under Tenant
shall have the right to file any mechanic's lien against the Property, Building or Leased
Premises. Tenant shall give notice in advance to all contractors and subcontractors who
may furnish or agree to furnish any material, service or labor of any kind.
13. Default, Notice of Default and Remedies. Failure to pay rent when due or failure to
perform any other duty of Tenant under the terms of this lease agreement shall
constitute default by Tenant. In the event of default by Tenant, Landlord shall give
Tenant a written notice specifying the default and giving Tenant ten days in which to
correct the default. In the event Tenant has not remedied a default in a timely manner
following a notice of default, Landlord may proceed with all available remedies at law or
in equity including but not limited to termination of this lease agreement. In the event of
such termination, Landlord shall give Tenant a written notice of such termination. Tenant
shall vacate the Property, Building and Leased Premises and be responsible to Landlord
for all expenses of Landlord in terminating the lease and regaining possession of the
premises, including attorney fees and court costs.
4
14. Rights Cumulative. The various rights, powers and remedies of either party provided in
this lease shall be construed as cumulative and no one of them as exclusive of the
others.
15. Notices and Demands. Notices as provided for in this lease shall be given to the
respective parties hereto at their respective addresses designated in this lease
agreement.
16. Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every covenant
and agreement herein contained shall extend to and be binding upon the respective
successors, heirs, administrators, executors and assigns of the parties hereto.
17. Changes to be in Writing. This lease agreement shall be in any manner modified,
waived or abandoned except by a written instrument duly signed by the parties and
delivered to the Landlord and Tenant. This lease contains the whole agreement of the
parties.
18. Other Provisions: None.
IN WITNESS WHEREOF, the parties hereto have duly executed this lease on this
November I , 2005.
CITY OF IOWA CITY, IOWA
S&G MATERIALS, Owner
Er Name 8, Title
~2.~...~,~,~ /~- By:
By: .~?.__ . ~',~4.~)
Marian K. Karr, C~ty Clerk Name & Title
Appr.ov.e.d by ,~
4
5
On this ! s/-.- day of AJovF~Rr.~ ,20 0.~, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Kart,
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 municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of City Council of said
municipal corporation; and that the said Ernest W. Lehman and Marian K. Kart acknowledged
the execution of said instrument to be the voluntary act and deed and said municipal corporation,
by it and by them voluntarily executed
~J Commission Number 159791J
My ComrCssion Expires! Notary Public in and for the State of Iowa
LANDLORD'S ACKNOWLEDGEMENT
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this day of ,20 , before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared , to me personally
known, who being by me duly sworn, did say that the person is one of the partners of S&G
Materials, an Iowa General Partnership, a partnership, and that the instrument was signed on
behalf of the partnership by authority of the partners and the partner acknowledged the
execution of the instrument to be the voluntary act and deed of the partnership by it and by the
partner voluntarily executed.
Notary Public in and for the State of Iowa
CHESTER J. CULVER
IOWA SECRETARY OF STATE
LUCAS BUILDING, FIRST FLOOR
DES MOINES, IOWA 50319
December 6, 2005
Marian Karr
City Clerk, Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
RE: City of Iowa City Resolution No. 05-348 - Voluntary Annexation
Dear City Clerk:
You are hereby notified that the resolution, plat map and other documents pertaining to
this voluntary annexation of territory to the City of Iowa City have been reviewed by this
office and comply with the requirements of Iowa Code section 368.7.
You may consider the annexation filed.
Sincerely,
tkF~
Chester J. Culver
Secretary of State
TEL (515) 281-5204 FAX (515) 242-5953
www.sos.state.ia.ussos@sos.stateja.us
Prepared by: Sunil Terdalkar, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
(ANN05-00002)
RESOLUTION NO. 05-348
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF
APPROXIMATELY 51.9 ACRES LOCATED ON AMERICAN LEGION ROAD.
WHEREAS, Fairview, Inc. (hereinafter "Owner") is the owner and legal titleholder of an
approximate 51.9 acres of land located on American legion Road, east of Far Horizons
Subdivision and south of Highland Woods Subdivision; and
WHEREAS, Owner has requested annexation of the 51.9 acre tract into the City of Iowa City,
Iowa; and
WHEREAS, the property is within the Long-Range Planning Boundary of the City of Iowa City;
and
WHEREAS, pursuant to Iowa Code §368.5 and 368.7 (2005), notice of the application for
annexation was sent by certified mail to the Johnson County Board of Supervisors, Johnson
County departments of Attorney, Auditor, Engineer, Planning and Zoning, each affected public
utility, Scott township, Johnson County Council of Governments, and the East Central Iowa
Council of Governments; and
WHEREAS, none of these entities have objected to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST-FRACTIONAL QUARTER
OF SECTION EIGHTEEN (18) IN TOWNSHIP SEVENTY-NINE (79) NORTH, RANGE FIVE (5)
WEST OF THE 5TM P.M.; THENCE WEST 1121 FEET, THENCE NORTH 1890 FEET, THENCE
EAST 1121 FEET, THENCE SOUTH 1890 FEET TO THE PLACE OF BEGINNING. ALSO
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER
OF SAID SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST OF THE 5TM P.M.; THENCE
SOUTH 345 FEET TO THE CENTER OF THE PUBLIC HIGHWAY KNOWN AS U.S. HIGHWAY
NO. 6, THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC HIGHWAY
TO A POINT WHERE SAID CENTER LINE INTERSECTS THE SOUTH LINE OF THE
NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 18, THENCE EAST ALONG THE
SOUTH LINE OF THE SAID NORTHWEST FRACTIONAL QUARTER OF SECTION 18, 836
FEET TO THE PLACE OF BEGINNING.
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under Section 368.7 (2005) at Owner's expense.
3. Fudher, the City Clerk is hereby authorized and directed to cedify and file all necessary
documents for certification of the population of the annexed territory to Johnson County
and the State Treasurer, said population being zero.
Resolution No. 05-348
Page 2
Passed and approved this 1st day of November ,20 05 ·
Approved by
~ib; Attorney's Office
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
× Lehman
x O'Donnell
x Vanderhoef
× Wilburn
ppdadm/res~airviewinc.doc
Prepared by: Bob Miklo, Senior Planner, 410 E. Washing~n St., Iowa Ci~, IA 52240 (319) 356-5240 (SUB0~00024)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN - PART XXIII, IOWA CITY, IOWA.
WHEREAS, the owner, Third Street Padnem, filed with the Ci~ Clerk the final plat of Village Green -
Pad XXIII, Iowa Ci~, Iowa, Johnson Count, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa Ci~, Johnson
Count, Iowa, to wit:
I certify that during the month of August, 2005 at the direction of Third Street
Partners L.L.C., a survey was made under my supervision of a Portion of the
Southwest~Quarter of the Southeast Quarter of Section 13, and a Portion of the
Northeast Quarter of Section 24, all of Township 79 North, Range 6 West, of the
Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of
which are described as follows:
Beginning at the Northwest Corner of Lot 64, of Village Green - Part XIX, in
accordance with the Plat thereof Recorded in Plat Book 46 at Page 300 of the
Records of the Johnson County Recorder's Office; Thence S10o04'01"W, along the
West Line of said Village Green - Part XIX, a distance of 98.22 feet, to the
Southwest Corner thereof, and the Northwest Corner of Village Green South - part
4B, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 41 of
the Records of the Johnson County Recorder's Office; Thence S00°34'35"W, along
the Southwesterly Line of said Village Green South - Part 4B, 93.42 feet; Thence
S52o21'37"E, along said Southwesterly Line, 39.92 feet; Thence S22°38'14"W,
along said Southwesterly Line, 128.06 feet; Thence S14°51'41"E, along said
Southwesterly Line, 112.02 feet; Thence S52°21'37"E, along said Southwesterly
Line, 112.02 feet; Thence S89°51'32"E, along said Southwesterly Line, 112.02
feet; Thence N52°38'33"E, along said Southwesterly Line, 84.72 feet; Thence
N26o51'20"E, along said Southwesterly Line, 118.59 feet; Thence S63°08'40"E,
along said Southwesterly Line, 30.00 feet; Thence S26°51'20"W, along said
Southwesterly Line, 125.00 feet; Thence S63°08'40"E, along said Southwesterly
Line, 45.00 feet, to a Point on the North Line of Outlot "A", of Village Green
South - Part 4A, in accordance with the Plat thereof Recorded in Plat Book 34,
at Page 40, of the Records of the Johnson County Recorder's Office; Thence
S15o29'02"W, along said North Line, 82.44 feet; Thence S60°29'42"W, along said
North Line, 57.71 feet; Thence S22°59'47"W, along said North Line, 115.41 feet;
Thence S14°30'08"E, along said North Line, 115.41 feet; Thence S52°00'04"E,
'along said North Line, 108.43 feet; Thence S85°12'19"E, along said North Line,
88.82 feet; Thence S74°38'34"E, along said North Line, 239.77 feet; Thence
N03o42'40"W, along said North Line, 135.05 feet; Thence Northeasterly, 24.41
feet, along said North Line on a 150.00 foot radius curve, concave
Northwesterly, whose 24.39 foot chord bears N81°37'34"E; Thence S13°02'12"E,
along said North Line, 129.87 feet; Thence N61°42'07"E, along said North Line,
254.04 feet, to the Northeast Corner thereof; Thence S00~50'33"W, along the East
Line of said 0utlot "A", 600.54 feet, to the Southeast Corner thereof, and a
Point on the Northerly Right-of-Way Line of the Iowa Interstate Railway; Thence
N61o00,36"W, along the South Line of said Outlot "A", said Northerly Right-of-
Way Line, and the Northwesterly Projection thereof, 1611.47 feet; Thence
N28o59'24"E, 210.00 feet; Thence N61°00'36"W, 92.28 feet; Thence Northwesterly,
75.38 feet, along a 120.00 foot radius curve, concave Northeasterly, whose 74.15
foot chord bears N43°00'50"W; Thence S89°12'47"E, 88.48 feet; Thence
N00o47'13"E, 60.05 feet; Thence Northwesterly, 36.64 feet, along a 78.00 foot
radius curve, concave Northeasterly, whose 36.31 foot chord bears N12°40'16"W;
Thence N00°47'13"E, 299.30 feet; Thence Northeasterly, 46.11 feet, along a
118.00 foot radius curve, concave Southeasterly, whose 45.81 foot chord bears
NllO58,51',E; Thence Northwesterly, 101.63 feet, along a 72.00 foot radius curve,
concave Southwesterly, whose 93.40 foot chord bears N17°15'50"W; Thence
N12o34'44"E, 37.16 feet; Thence N14°49'46"E, 105.65 feet; Thence Southwesterly,
36.78 feet, along a 192.00 foot radius curve, concave Northwesterly, whose 36.73
Resolution No.
Page 2
foot chord bears S85°17'56"W; Thence N89°12'47"W, 42.62 feet; Thence
N00o47,13"E, 172.09 feet; Thence S89°57'00"W, 41.21 feet, to the Southeast
Corner of Village Green - Part XII, in accordance with the Plat thereof
Recorded in Plat Book 32 at Page 313 of the Records of the Johnson County
Recorder's Office; Thence N00°03'00"W, along the East Line of said Village Green
Part XII, a distance of 84.82 feet; Thence N08o58'49"E, along said East Line,
136.86 feet; Thence N39°29'01"E, along said East Line 112.86 feet, to the
Northwest Corner of Outlot "A" of Village Green - Part XX, in accordance with
the Plat thereof Recorded in Plat Book 49 at Page 26 of the Records of the
Johnson County Recorder's office; Thence Southeasterly, 79.76 feet, along the
North Line of said Outlot "A", on a 746.66 foot radius curve, concave
northeasterly, whose 79.72 foot chord bears S53°34'36"E, to the Northeast
Corner thereof; Thence Southeasterly, 30.11 feet, along the East Line of said
Outlot "A" on a 20.00 foot radius curve, concave Southwesterly, whose 27.35 foot
chord bears S13o30,23"E; Thence S29°37'26"W, along said East Line, 17.77 feet;
Thence Southwesterly, 182.72 feet, along said East Line, on a 295.00 foot radius
curve, concave Southeasterly, whose 179.82 foot chord bears SllO52,46"W; Thence
S05o51,54,E, alOng said East Line, and the West Line of said Village Green -
Part XX, a distance of 47.99 feet, Thence Southeasterly, 87.69 feet, along said
West Line on a 525.38 foot radius curve, concave Northeasterly, whose 87.59
foot chord bears S10°38'47"E; Thence Southwesterly, 30.90 feet, along said West
Line on a 20.00 foot radius curve, concave Northwesterly, whose, 27.92 foot
chord bears S28°49'55"W; Thence S16o54'29"E, along said West Line, 50.00 feet;
Thence Northeasterly, 4.64 feet, along said West Line, on a 192.00 foot radius
curve, concave northwesterly, whose 4.64 foot chord bears N72°24'01"E; Thence
Southeasterly, 29.11 feet, along said West Line, on a 20.00 foot radius curve,
concave Southwesterly, whose 26.61 foot chord bears S66°35'50"E; Thence
Southeasterly, 189.67 feet, along said West Line on a 525.38 foot radius curve,
concave Northeasterly, whose 188.64 foot chord bears S35°14'41"E; Thence
Southeasterly, 29.58 feet, along said West Line on a 20.00 foot radius curve,
concave Southwesterly, whose 26.96 foot chord bears S03°13'01"E; Thence
S39o09,10"W, along said West Line 0.44 feet; Thence S50°50'50"E, along said West
Line 55.00 feet; Thence Northeasterly, 29.76 feet, along said West Line on a
20.00 foot radius curve, concave Southeasterly , whose 27.09 foot chord bears
N81o47'll"E; Thence Southeasterly, 223.31 feet, along said West Line on a 525.38
foot radius curve, concave Northeasterly, whose 221.63 foot chord bears
S67o45,24"E, to the Point of Beginning. Said Tract of land contains 19.08
acres, more or less, and is subject to easements and restrictions of record.
WHEREAS, the Depa~ment of Planning and Communi~ Development and the Public Wo~s
Depa~ment examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
frae consent and in acco~ance with the desires of the ownem and proprietom; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other s~te and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above~escribed mai estate be and the
same am hereby approved.
2. The Ci~ accepts the dedication of the streets, easements as provided by law and specifically
sets aside portions of the dedicated land, namely streets, as not being open for public access
at the time of reco~ing for public sa~ reasons.
3. The Mayor and Ci~ Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
Resolution No.
Page 3
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
ownedsubdivider.
Passed and approved this day of ,20
MAYOR
Approved by
CITY CLERK City Attorney's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
ppdadmin~res~inal villagegree23.doc
P~pamd by: Bob M~lo, Senior Planner, 410 E. Washing~n St., Iowa Ci~, IA 52240 (319) 356-5240 (SUB05-00025)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN - PART XXlV IOWA CITY, IOWA.
WHEREAS, the owner, Thi~ Street Pa~nem, filed with the Ci~ Clerk the final plat of Village G~en -
Pa~ XXIV, Iowa Ci~, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa Ci~, Johnson
Count, Iowa, to wit:
I certify that during the month of August, 2005, at the direction of Third
Street Partners L.L.C. , a survey was made under my supervision of a Portion of
the Northwest Quarter of the Northeast Quarter of Section 24, Township 79 North,
Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa,
the boundaries of which are described as follows:
Beginning at the Southeast Corner of Village Green South Part Two, Iowa City,
Iowa, in accordance with the Plat thereof Recorded in Plat Book 18, at Page 67,
of the Records of the Johnson County Recorder's office; Thence N00°47'13"E,
along the East Line of said Village Green South Part Two, a distance of 988.68
feet, to a Point on the South Line of Village Green - Part XII, Iowa City, Iowa,
in accordance with the Plat thereof Recorded in Plat Book 32, at Page 313, of
the Records of the Johnson County Recorder's Office; Thence N89°57'00"E, along
said South Line, 216.02 feet, to a Point on the West Line of Village Green -
Part XXIII, Iowa City, Iowa, in accordance with the Recorded Plat thereof;
Thence S00°47'13"W, along said West Line, 172.09 feet; Thence S89°12'47"E, along
said West Line, 42.62 feet; Thence Northeasterly, 36.78 feet, along said West
Line on a 192.00 foot radius curve, concave Northwesterly, whose 36.73 foot
chord bears N85o17,56"E; Thence S14°49'46"W, along said West Line, 105.65 feet;
Thence S12°34'44"W, along said West Line, 37.16 feet; Thence Southeasterly,
101.63 feet, along said West Line on a 72.00 foot radius curve, concave
Southwesterly whose 93.40 foot chord bears S17o15'50"E; Thence Southwesterly,
46.11 feet, along said West Line on a 118.00 foot radius curve, concave
Southeasterly, whose 45.81 foot chord bears Sl1°58'51"W; Thence S00°47'13"W,
along said West Line, 299.30 feet; Thence Southeasterly, 36.64 feet, along said
West Line on a 78.00 foot radius curve, concave Northeasterly, whose 36.31 foot
chord bears S12°40'16"E; Thence S00°47'13"W, along said West Line, 60.05 feet;
Thence N89°12'47"W, along said West Line, 88.48 feet; Thence Southeasterly,
75.38 feet, along \H7.0000;said West Line on a 120.00 foot radius curve,
concave Northwesterly, whose 74.15 foot chord bears S43°00'50"E; Thence
S61o00,36"E, along said West Line, 92.28 feet; Thence S28°59'24"W, along said
West Line, 210.00 feet, to a Point on \H6.5832;the Northerly Right-of-Way Line
of the Iowa Interstate Railway; Thence N61°00'36"W, along said Northerly Right-
of-Way Line, 267.07 feet, to the Point of Beginning. Said Tract of land
contains 6.59 acres, and is subject to easements and restrictions of record.
WHEREAS, the Depa~ment of Planning and Communi~ Development and the Public Works
Depa~ment examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the ownem and proprietom; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other state and local requirements.
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements as provided by law and specifically
sets aside portions of the dedicated land, namely streets, as not being open for public access
at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this day of ,20
MAYOR
Approved by
ATTEST:
CITY CLERK Ci{7 Att'orr~ey's Office
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
ppdadmin~res\final villagegree24.doc
Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319-887-6065 ~
RESOLUTION NO. 05-349
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE HOUSING
AUTHORITY DIVISION OF THE HOUSING AND INSPECTION SERVICES
DEPARTMENT BY ADDING ONE HALF-TIME HOUSING ASSISTANT POSITION.
WHEREAS, Resolution No. 05-109, adopted by the City Council on March 1,2005, authorized permanent
positions in the Housing Authority Division of the Housing and Inspection Services Department for FY06;
and
WHEREAS, the Iowa City Housing Authority staff workload conducting program integrity efforts has
increased,
WHEREAS, the Iowa City Housing Authority program integrity efforts will be improved and will result in
increased revenues,
WHEREAS, the added position does not increase the Iowa City Housing Authority personnel budget,
WHEREAS, the Iowa City Housing Authority will utilize the funds currently budgeted for temporary staff
support,
WHEREAS, the increase in program integrity, customer service, and continuity of services provided by
these additional staff hours is advantageous for clients and other citizens.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA
THAT the budgeted positions in the Housing Authority Division of the Housing and Inspection Services
Department be amended by adding one half-time Housing Assistant position.
Passed and approved this 1st day of November ,,,~0 05 .
Appro~;~y__
City ~?rerk City Attorney's Office
It was moved by Champ-ion and seconded by ]~a:i.'ley the Resolution be adopted,
and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
× Champion
× Elliot
~(: Lehman
~- O'Donnell
× Vanderhoef
× Wilburn
hsgasst/res/housing assistant, doc
DEFEATED 11/1/05
Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO.
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH TODD
HACKETT CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF A
DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES
PROGRAM.
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 for 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 Todd Hackett
Construction Company, for the construction of a duplex structure located on Longfellow Place in
the amount of $288,000; and
WHEREAS, the duplex homes would be sold under the Affordable Dream Home Opportunities
Program to two families who earn up to 80% of the median income; and
WHEREAS, the duplex homes 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
CITY, 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 Todd Hackett Construction Company
for the construction and acquisition of a duplex dwelling located in Longfellow Manor Subdivision.
Passed and approved this day of ,20
MAYOR
Approved by
CITY CLERK City Attorney's Office
hisadm/res/Hackett-AD H 0 P.doc
DEFEATED 11 / 1 /05
Resolution No.
Page
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
× Bailey
x Champion
x Elliott
x Lehman
x O'Donnell
x Vanderhoef
× Wilburn
To: Steve Atkins, City Manager
From: Douglas Boothroy, Director of Housi~ and Irispection Sei~ices
Re: Construction Bid for Longfellow Place ]uplex
This memorandum is to address concerns raised by Council about the construction bid for a
new homeownership duplex to be located on Longfellow Place. The concerns expressed were
primarily about the number of bidders and the bid amount.
Number of Bids
The receipt of one bid is not unique to Iowa City Housing Authority homeownership
development projects. In all previous Affordable Dream Home Ownership Program (ADHOP)
projects, the Iowa City Housing Authority received only one bid (i.e. Moore Construction
Company). Contractors have indicated the reasons for not bidding are primarily the contractor
bonding requirement and Davis-Bacon paperwork, coupled with the small project size and Iow
profit margin. Contractor bonding is required because these projects are defined as "public
improvements", therefore, under state law contractors must be bonded. Not only does the
"bonding" requirement limit the number of potential bidders it adds cost to the project (i.e. bid
bond costs approximately 1% of project total and adds $2700 in cost to this project).
Amount of Bid
The difference between the staff estimate ($220,000) and the Todd Hackett Construction bid
($288,000) is $68,000. This significant difference between the "estimate" and the "bid", however,
doesn't necessarily mean the bid should be rejected without further analysis. The staff estimate
is a "best guess prediction" because its not based on actual costs but on reported average
square foot costs to construct similar structures in the Midwest. The "estimate" is an average
and doesn't account for recent increases in material costs (Katrina factor), specific site
conditions (i.e. foundation wall, soil/fill, etc.) and specific design features (porches, decks, patio,
2x6 walls, etc.).
The best way to review the quality of the Longfellow bid would be by comparing it to the actual
cost to construct a similar duplex in Iowa City. Since receipt of the Longfellow bid, Arlington
Development Company has submitted plans for construction of a similar sized, slab on grade,
duplex (two bedrooms) located on Brentwood in east Iowa City. The cost comparison between
Longfellow Place and Brentwood is shown below:
Longfellow Place (3 bedrooms) Brentwood (2 bedrooms)
Total cost including land = $322,000 Total cost including land = $328,000
Total cost per unit = $161,000 Total cost per unit = $164,000
October 24, 2005
Page 2
As discussed at the informal Council meeting, site conditions at Longfellow Place was one of
the factors increasing construction costs. The Brentwood site is flat and does not have the
additional foundation requirements, soil removal and fill conditions, and the higher utility
installation costs. The Longfellow site condition factors have added approximately $10,000 to
the overall construction costs.
Conclusion
I recommend awarding the bid to Todd Hackett Construction Company. I have discussed the
extra foundation costs with Todd Hackett and we believe by lowering the elevation of the unit
fronting on Longfellow Place additional cost savings will be realized, however, this amount
cannot be determined until the unit elevation is set. In addition, I have made other minor
revisions to the plan that save approximately $5,000. Finally, the sales tax refund for this project
will be approximately $4,700. With these costs savings measures, I expect to lower the
purchase price of the Longfellow units by about $5,000 per unit or $156,000 total price per unit.
The $156,000 is comparable to the price of other homes the Housing Authority has made
affordable to Iow income families.
Hsgad m/memos/lo ngfellowpl.doc
Prepared by: Susan Dulek, Asst. 'City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-350
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WHITE BUFFALO, INC. TO
KILL DEER BY MEANS OF SHARPSHOOTING IN JANUARY AND FEBRUARY 2006 AS
PART OF THE CITY'S LONG-TERM DEER MANAGEMENT PLAN,
WHEREAS, the City of Iowa City has conducted a study of deer herd population and
management options; and
WHEREAS, the City of Iowa City has determined that steps must be taken to develop and
implement deer management reduction that is designed to provide needed relief and protection
for the environment, property owners, and motor vehicle operators within the corporate limits of
Iowa City; and
WHEREAS, the Deer Task Force has thoroughly reviewed the deer population problem in Iowa
City and made recommendations on the best methods to resolve this problem; and
WHEREAS, the City of Iowa City has adopted a long-term deer management plan; and
WHEREAS, on June 9, 2005, the Iowa Natural Resources Council authorized the City of Iowa
City to kill up to 192 antlerless deer by means of sharpshooting within the corporate limits of
Iowa City between January 11, 2006 and February 28, 2006; and
WHEREAS, the City subsequently issued a request for proposals and received six (6)
proposals; and
WHEREAS, consistent with the criteria set out in the request for proposals, the contract should
be awarded to White Buffalo, Inc., and it is in the City's interest to execute the Wildlife
Management Service Agreement with White Buffalo, Inc., a copy of which is attached.
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 to the Wildlife Management Service
Agreement.
Passed and approved this 1st day of November ,2005.
"~iAYOR
Approv~.~ed by _
ATTEST: '-~¢?~z'.<~ ~2 //~. '--~~ ~;~~ tO - ~ ~ ~
CITY'~I_ERK City Attorney's Office
Resolution No. 05-350
Page 2
It was moved by Champion and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
× Champion
x Elliott
x Lehman
x O'Donnell
x Vanderhoef
× Wilburn
WILDLIFE MANAGEMENT SERVICE AGREEMENT
This WILDLIFE MANAGEMENT SERVICE AGREEMENT (the "Agreement"), made as
of this 1st day of November ,200.5_, is entered into by Iowa City,
Iowa, whose mailing address is City Hall, 410 East Washington Street, Iowa City, Iowa 52240
(the "City") and White Buffalo Inc., a Connecticut nonprofit corporation with its principal place of
business at 26 Davison Road, Moodus, Connecticut 06469 (the "Provider").
INTRODUCTION
.... WHEREAS, the City has determined that there is an 'excesSive local deer pop'~l~tion "'
within the municipal boundaries of Iowa City which constitutes a hazard to the health and
welfare of the citizens and residents of the City, and a threat to the habitat of the City; and,
WHEREAS, the Provider is experienced in and engaged in the business of providing
wildlife management services, including without limitation lethal culling services designed to
control localized deer populations; and,
WHEREAS, the City desires to retain the wildlife management services of the Provider
and the Provider desires to perform certain wildlife management services for the City;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
'"" herein; the Parties agree as follows:
1. Services of the Provider.
a) The Provider agrees to perform the services for the City with
authorization from the Iowa Department of Natural Resources (IDNR) as set forth in Schedule A
attached hereto and completely incorporated as part of this Agreement as if fully set forth
herein. The services to be provided by the Provider shall be performed only on those public
lands owned by the City as shall be authorized by the City, and/or such other public or private
lands within the municipal boundaries of the City for which the Provider has obtained the
consent of the landowner and such neighboring landowners whose residences or buildings are
· " located within 50 yards of any area Where sharpshooting will occur (such authorized"a;reas "' ''
hereinafter referred to as the "Site"). It shall be the sole responsibility of the Provider to obtain
cOnsent from private landowners as required under this Agreement.
b) The services and projects described in Schedule A are hereafter referred
to as the "Designated Services". The Provider will provide Anthony J. DeNicola, Ph.D. to
supervise the provision of Designated Services. The Provider shall be solely responsible for
ensuring the full and proper completion of the Designated Services, and shall devote whatever
time and attention is necessary to reasonably ensure the adequate performance of the
Designated Services in a professional and competent manner.
c) The Provider represents that it is a corporation duly organized and
existing in good standing under the laws of the State of Connecticut. The Provider further
represents that it, and its employees and agents performing Designated Services are duly
licensed, certified and/or registered as may be necessary to provide such Designated Services
to the City. The Provider covenants and represents that all Designated Services will be
performed in full compliance with any and all applicable federal, state and local laws, statutes,
rules, regulations and ordinances including without limitation any and all requirements of the
Iowa Department of Natural Resources.
2. Term. This Agreement shall commence upon execution of this agreement and
expire on February 28, 2006.
3. Compensation. In consideration of the performance by the Provider of
Designated Services, the City shall pay to the Provider the Project Fees set forth in Schedule A,
plus all reasonable travel, lodging, and meal expenses incurred by the Provider in the
performance of its obligations under this Agreement except for expenses related to personal
travel (e.g., travel to and from City for the holidays or for a funeral). The City shall further pay
the cost of the bait as provided in Schedule A. The payment of any other expenses must first
be approved in writing by City. Within 30 days of receipt of invoice detailing hours spent and
expenses, payment shall be made to the Provider.
4. Termination.
a) The Provider shall have the right, without prejudice to any other right or
remedy it may have, to terminate any or all of its Designated Services if:
(1) the provision of the Designated Services as set forth in Schedule
A is disrupted to the extent it makes it impossible or impractical to perform such services;
(2) the Provider believes that the Designated Services cannot be
performed safely; or
(3) the City fails to provide the assistance to the Provider as defined
in Paragraph 1(i) and l(k) as set forth in Schedule A. Upon such termination by the Provider,
the Provider shall be entitled to the termination fee as set forth in Schedule A.
b) The City shall have the right, without prejudice to any other right or
remedies it may have, to terminate this Agreement with respect to all or any Designated
Services at any time; provided that the Provider shall be paid for all unpaid Designated Services
performed as of such termination date, and provided further that the City shall be entitled to a
refund of any fees paid in advance which are unearned as of such termination date.
5. Independent Contractor Status.
a) The Provider shall perform all services under this Agreement as an
"independent contractor" of the City.
b) The Provider shall have the right to employ any person or persons to
perform the services under this Agreement or to otherwise assist the Provider, and all such
persons shall be trained and paid by the Provider. The Provider shall carry all insurance with
respect to its employees and agents as may be required by applicable law including without
limitation workers' compensation insurance and shall pay and withhold all required federal, state
and local taxes, unemployment, disability and other insurance premiums, all applicable social
security taxes, and all other taxes or expenses incurred or due and payable by reason of the
Provider's employment of such employees.
c) The City agrees that the Provider, as an independent contractor, shall be
entitled to exercise such discretion and judgment in the provision of the Designated Services to
fulfill and comply with the requirements set forth in this Agreement.
d) The parties agree that the City will not provide the Provider, its principals,
..... agents, or.employees any benefit,, coverages or privileges, in¢luding~ without limitation,.'social . ' ....
security, profit-sharing, 401(k), unemployment, workers' compensation, disability, medical
insurance, life insurance or pension benefits, that the City might provide to employees of the
City. Unless otherwise required by law, the City does not intend and shall have no obligation to
the Provider to withhold any sums due the Provider for, and the Provider retains all obligations
and liability relating to, the payment of the Provider's federal, state and local income
employment taxes and the Provider shall hold the City harmless from any failure on the
Provider's part to meet its obligations pursuant to this Section 5.
e) The Provider is not authorized to assume or create any obligation or
.... responsibility, express or. implied, on behalf of, or in .the name .of, the .City or to bind the.City in ... · ·
any manner.
f) The Provider agrees it shall not commit any of the following employment
practices and agrees to prohibit the following practices in any subcontracts.
(1) To discharge or refuse to hire any individual because of their race,
creed, color, religion, sex, national origin, disability, age, marital status, gender identity,
or sexual orientation.
(2) To discriminate against any individual in terms, conditions, or
privileges of employment because of their race, creed, color, religion, sex, national
.. origin, disability, age, marital, status,, gender ider~tity, or sexual orientation .... ....
6. Insurance.
a) The Provider shall procure and maintain for the duration of this
Agreement, at its expense, insurance against claims for injury to persons and damage to
property which may arise from or in connection with the Designated Services undertaken by the
" Provider pursUant to this Agreement. '
Coverage shall be in the following form and amounts:
Type of Coveraqe Each Occurrence Ac~c~reqate
(1) Comprehensive General Liability
Bodily Injury & Property Damage $1,000,000 $2,000,000
(2) Automobile Liability Combined Sinqle Limit
Bodily Injury & Property Damage $1,000,000
(3) Excess Liability $1,000,000 $1,000,000
..... (4) WorkerS' COmpensation':'A~ r~quired by C'hapter 85 Of the Code of Iowa.
The insurance carrier shall be A rated or better by A.M. Best. Such insurance shall
require that the City be notified at least 10 days in advance of the cancellation thereof.
The Provider shall furnish the City with a certificate or certificates of insurance naming
the City as an additional insured and evidencing the coverage required prior to commencing
any Designated Services and from time to time as may be reasonably requested by the City. If
the Provider fails to obtain the insurance listed in Paragraph 6(a) above, the City shall have the
right to terminate this Agreement.
7. Indemnification.
..... The Provider agrees to indem'nif~/;'defend, and Save the'City arid its officers, empl'(~ees, ' ....
and agents forever harmless from and against, and to promptly make payment for any and all
losses, damages, expenses (including, without limitation, court costs, amounts paid in
settlement, judgments, reasonable attorneys fees or other expenses for investigating and
defending, including, without limitation, those arising out of the enforcement of this Agreement),
suits, actions, claims, deficiencies, liabilities or obligations sustained or incurred by the City as a
result of the Provider's performance of the Designated Services described herein, including but
not limited to claims by the Iowa Department of Natural Resources that the City has violated its
permission, as that term is defined in Paragraph 8 below, to kill antlerless deer.
9. Citations. If the State of Iowa issues Provider or any of its employees, agents, or
subcontractors a ticket, citation, or complaint for violating the City's permission to kill antlerless
.. deer only, Provider shall bear all exper~ses, including, without I!mitation, fines, surcharge.,..court ...
costs, civil damages under Iowa Code section 481A.130 (2005), amounts paid in settlement,
judgments, and attorneys fees. If the State of Iowa issues the City or any of its employees,
agents, or subcontractors a ticket, citation, or complaint for violating the City's permission to kill
antlerless deer only because of the act or action of Provider or its employees, agents, or
subcontractors, Provider shall reimburse the City promptly for all expenses (including, without
limitation, fines, surcharge, court costs, civil damages under Iowa Code section 481A.130
(2005), amounts paid in settlement, judgments, and reasonable attorneys fees) incurred in
defending said ticket, citation, or complaint. "Permission" is defined as the authorization granted
to the City of Iowa City by the Natural Resources Commission at its meeting on June 9, .2.005, .. ....
An excerpt of the minutes from said meeting is attached, marked Exhibit B, and incorporated
herein.
10. Notices. All notices required or permitted under this Agreement shall be in writing
and shall be deemed effective upon personal delivery or upon deposit in the United States Post
Office, by registered or certified mail, postage prepaid and addressed as follows:
If to City: City Clerk
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
If to Provider: . D~. Anthony J. DeNicola .. ..
26 Davison Road
Moodus, Connecticut 06469
Fax: 860-873-2785
With a copy to: Yamin & Grant, LLC
Grand Professional Building
182 Grand St., Suite 147
Waterbury, Connecticut 06702
11. Pronouns. Whenever the context may require, any pronouns used in this
Agreement shall include the corresponding masculine, feminine or neuter forms, and the
singular forms of noun and pronouns shall include plural and vice versa.
12. Entire Aqreement. This Agreement constitutes the entire agreement between the
parties and supersedes all prior agreements and understandings, whether written or oral
...... relating to ~the subject matter of tl~i.s Agreement. No . representation, promise, inducement or .. ....
statement of intention not set forth in this Agreement has been made by or on behalf of either
party hereto.
13. Amendment. This Agreement .may be amended or modified only by a written
instrument executed by both the City and the Provider.
14. Govemin.q Law. This Agreement shall be construed, interpreted and enforced in
accordance with the laws of the State of Iowa.
15. Successors and Assigns. This Agreement shall be binding upon, and inure to the
benefit of both parties and their respective permitted successors, assigns and other legal
.. rePresenta.tives. Neither this Agreement..r)or the rights.arising hereund, er.shall be assignab!e by .. ....
either of the parties hereto to any third party without the prior written consent of the other party
to this Agreement.
16. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed or
constructed as creating or granting any benefits or rights to third parties or as an admission of
liability by either City or Provider. Furthermore, nothing in this Agreement shall be constructed
as a waiver of any City's immunities or defenses under state or federal law.
17. Miscellaneous.
a) No waiver by either party of any right, condition, term or provision of this
...... Agreement. shall operate as a waiver .of..anY preced!ng or subsequent right, condition, t.e.r.rn or ....
provision hereof. A waiver or consent given by either party on any one occasion shall not be
construed as a bar or waiver of any right of such party on any other occasion.
b) The captions of the sections of this Agreement are for convenience of
reference only and in no way define, limit or affect the scope or substance of any section of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year set forth above.
CITY OF IOWA CITY WHITE BUFFALO, INC.
Mayor Anthony J.
President
Attest: Date
City"Clerk '
C TY ACKNOW,ED MENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / ~' day of AIo¥~M~_~e. ,2005, before me, the undersigned,
a notary public in and for the State of Iowa, 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
....... iqstrument;, that the seal affixed ther~to..is the seal of said municipal.corporation; tha~.said . . ....
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
SONDRAE,OR'r I
~'l~ ~lCommission Number 1~97911
I'.~'1 My Comm. ission E~pir.~ ! ~'~"~J-~ IC"~r~
I.. ,o-r~l ~/7/o,r,, I Notary Public in and for the State of Iowa
9
WILDLIFE MANAGEMENT SERVICE AGREEMENT
SCHEDULE A
1. Proiect. Pursuant to the terms and conditions of the Wildlife Management
Service Agreement by and between the City and the Provider, the Provider agrees to perform
the following services for the City: kill only white-tailed, antlerless deer on the Site up to a
.... maximum of 1.92 deer, subject to the following: .' -.. · ·
a. Only antlerless deer shall be taken.
b. Deer are to be killed by means of shooting between January 11, 2006
and February 28, 2006. Centerfire rifles shall be used except in special situations where
.22 caliber rimfire rifles may be used. Deer are to be killed only by those means
approved by the State of Iowa Natural Resource Commission as part of the Urban Deer
Management Unit for Iowa City.
c. Prior to shooting, the Provider shall provide evidence satisfactory to the
.... City that al! of its. officers, employees, and age_nts who. will be. shooting have pass.ed a .....
shooting proficiency test for center[ire rifles and .22 caliber rimfire rifles. City acceptance
of such evidence does not create any duty or liability on the part of the City. The
responsibility for the training and shooting proficiency of Provider's officers, employees,
and agents shall remain with the Provider.
d. No shooting may occur within 50 yards of a building inhabited by people
or domestic livestock, or within 50 yards of a feedlot, unless the Provider has obtained
the prior consent of the owner or tenant.
e. Sites selected for shooting will be based on safety concerns, deer
.. activity, and input from the City. The Provider shall inform the Johnson County. DNR ...
biologist/conservationist officer of when and where activity is scheduled.
f. No predominantly white deer of the whitetail species may be taken.
lO
g. Shooting may be done with the aid of bait. The Provider shall be
responsible, with input from the City, for selecting bait sites, and the Provider shall be
responsible for preparing bait sites. Upon prior approval of the City, the City shall pay
the cost of the bait.
h. Shooting may occur during daylight or at night and the Provider may use
artificial light and night-vision equipment. It shall be up to the Provider to provide any
lighting or other equipment it wishes to use.
i. Shooting may occur from a tree stand and a vehicle.
j. The City shall provide the personnel and vehicles necessary for the
transport and processing of the carcasses. The Provider shall tag all deer. The City
shall pay the costs of locker fees.
k. The Provider shall keep such data and records regarding the
performance and the Designated Services as requested by the City, including but not
limited to the sex and age of each deer killed.
I. The City hereby covenants that it has obtained all necessary approval
from the Iowa Department of Natural Resources for the performance of the Designated
Services set forth in this Agreement, and the Provider acknowledges that said
permission includes the limitation that only "antlerless" deer shall be killed and that the
City has no permission to kill antlered deer.
2. Compensation.
a. The fees for the Project ("Project Fees") shall be as follows:
(1) PRE-IMPLEMENTATION PHASE (includes attainment of access on
· ' private properties, bait site selection, bait site preparationi'and "'"
prebaiting): $95.00 per hour for senior scientist and $65.00 per hour
for each field technician performing such services, plus those
expenses described in Paragraph 3 of this Agreement.
11
(2) IMPLEMENTATION PHASE (includes killing of deer, evisceration as
.. needed, .data collection as. requested, and.final report): $95.00 per. ..
hour for senior scientist and $65.00 per hour for each field technician
performing such services, plus those expenses described in
Paragraph 3 of this Agreement.
(3) EXPENSES: Expenses described in paragraph 3 of this Agreement.
b. Notwithstanding the above, the total amount of compensation for Project
Fees paid to Provider shall not exceed $49,100 regardless of the number of deer killed
except as provided in subparagraphs (c) below.
· '. - c. For every antlered deer killed, the City shall subtract $425.00 frOi-n the "'
total Project Fees defined herein.
3. Termination Fee. In the event the Provider terminates the Agreement pursuant
to Paragraph 4 of the Agreement, the Provider shall be compensated for work completed and
all expenses incurred up until the date of termination.
4. Cost of Delay. In the event that Provider's ability to shoot deer after arriving in
Iowa City is disrupted continuously for more than twenty-four (24) hours as a result of any
action taken by any person who is opposed to the Designated Services contemplated herein, it
is hereby agreed that the City will pay the Provider $1,000.O0/day for each day the Provider is
'" unable to shoot due to such disrupt'ion, up to a maXimUm of $5,000.00, to help defray th~'cost "' ' '
associated with such delays.
sue\deercomm\WhiteBuff05 05 Agmt.doc
EXHIBIT
Natural Resource Commission Minutes June 2005
IOWA CITY DEER MANAGEMENT PLAN FOR 2005-2006
Michael Brandrup, Administrator, Conservation and Recreation Division, presented the
following item.
The Commission is asked to approve the authorization of sharp shooting deer in Iowa City for
2005-2006 with the following stipulations: 1) take antlerless deer only; 2) removal of antlerless
deer to be done between January 11, 2006 and February 28, 2006; 3) Iowa City should develop a
plan that uses bow hunting on areas where suitable, and allow sharp shooting in areas where bow
hunting can not be done because of access logistics.
Dale Garner reported that the Iowa City Deer Task Force did recommend an archery hunt but
their city council turned that down. He added that we would like to have Iowa City work with us
to address their needs. Therefore, our staff has recommended that they be allowed to sharp shoot
deer in Iowa City. Our recommendation is that they take antlerless only deer and remove
antlerless deer after January 10. Mr. Garner said staff still believes Iowa City should use a plan
that uses bow hunting in areas where they do not have access.
Mr. Garner noted that our recommendation last year was to shoot antlerless deer only but they
shot about 40% bucks. He said that it is very difficult to identify a buck fawn from a female
fawn but the gentleman that is doing the shooting is a well-trained professional and is shooting
the deer at less than 40 yards and he should have the ability to differentiate between a buck and
doe. Mr. Garner said one of the recommendations he would make to Iowa City would be to pay
the sharp shooter for only the female deer that he shoots. Mr. Garner noted that estimates by
Willie Suchy indicate that if the number of bucks shot are taken into consideration, they are not
meeting their goals in some areas. He added that the department wants to work with the city to
provide their expertise but if they choose to pay a sharpshooter out of taxpayer dollars, it is not
up to us to say they are wasting their money.
Commissioner Francisco remarked that one of the task force members pointed out to him that
one of the reasons they recommended an archery hunt in addition to sharp shooting this year is
that sharp shooting is not accomplishing the goals. Mr. Francisco suggested that the department
in its cover letter could offer our help in their dealing with liability issues. He said they
expressed concern that they could not designate zones within the city where hunting could or
could not occur so their main problem is that it would require an ordinance change. Mr.
Francisco said city council meeting notes indicated they wanted to have sharp shooting on the
university campus but the college is not willing to consider sharp shooting acceptable except
during Christmas break. He said he does agree we should allow them to sharp shoot but also
recommend to the task force that they negotiate a contract that accepts does only. Mr. Francisco
said the Task Force should be commended for recognizing that sharp shooting was not achieving
their goals. A copy of our letter should also be sent to the city council.
Chairperson Marcantonio commented that she has a problem with us stipulating what the Iowa
City Council should develop. She said we should recommend and encourage them to develop
bow hunting, but we should not stipulate to a local government.
N05Jun-51
June 2005 Natural Resource Commission Minutes
Director Vonk stated that the department should offer the city assistance in any way and offer
help on liability issues and be proactive to answer their questions.
Motion was made by Commissioner Franctsco to appro e the Iowa City Deer Management Plan
fi)r 2005-2006. Seconded by Commissioner Duncai~. Motion carried unanimously.
DEER MANAGEMENT PLAN APPROVED
PUBLIC PARTICIPATION - PAMELA MACKEY TAYLOR
Pamela Mackey Taylor presented the following prepared statement:
"The Iowa DNR staff prepared a report in response to the Petition submitted by the undersigned
to place the mountain lion or cougar on the state's endangered species list. We disagree with the staff's
recommendation that the cougar not be placed on the list.
1. Staff says that the only cougars in Iowa are a few young males passing through. They cite no
scientific evidence to support this statement. In fact, when Ron Andrews gives his presentation around
the state, he says there are several cougars in Iowa. He does not say they are just passing through. Mr.
Andrews further explains that the carrying capacity for cougars is being reached in South Dakota's Black
Hills, and the males are dispersing and looking for more territory. The females will also disperse. It is
significant that the same situation exists in Missouri, with a few cougars drifting back into the state.
Missouri, however, had enough political courage to place the cougar on the state's endangered species
list.
Staff then says that there is insufficient appropriate habitat for cougars in Iowa. Since cougars are
native to Iowa, the habitat is obviously appropriate. Although Iowa is the most environmentally altered
sate in the nation and there is certainly less native habitat for the cougar now than in the nineteenth
century, there are still areas of the state where cougars can exist. Furthermore, loss of habitat is one of the
grounds for listing a species as endangered. Most endangered species achieve that status because of loss
of habitat. So rather than being a justification for not listing the cougar, loss of habitat should be a reason
for listing.
2. DNR staff also objects to our comparison of the cougar with the bobcat. The statement is
made that the bobcat was classified a a furbearer, not an endangered species, from 1930's to 1977, and
therefore the cougar should be s well. The fallacy of that argument is that there ws no endangered species
law or list until 1977. When the endangered species list was first created in 1977, the bobcat was
immediately placed on the list. Staff credits the resurgence of the bobcat to a decline in trapping. Of
course there was a decline in trapping. The animal was on the endangered, and then the threatened, list so
it could not be trapped.
If the cougar is place3d on the endangered species list, it will increase in numbers just as the
bobcat did. Staff also credits habitat improvement for increasing bobcat numbers. That is the point that
was made previously about increasing habitat for the cougar.
3. Staff also dismisses the comparison of the cougar in Iowa with the jaguar in the southwestern
United States. Staff argues that the jaguar was endangered everywhere in the range. The fact is that the
cougar is endangered everywhere in its range in Iowa. Endangered status in a state for a state list is not
based on the species' national status. This argument by staff is reminiscent of the plan several years ago
by the DNR to exclude plants in the border counties from the state endangered or threatened in the
adjoining state. This scheme was so scientifically and legally flawed that it was severely and effectively
criticized and not carried out.
N05Jun-52
WILDLIFE MANAGEMENT SERVICE AGREEMENT
This WILDLIFE MANAGEMENT SERVICE AGREEMENT (the "Agreement"), made as
of this . day of ,200_, is entered into Iowa City,
Iowa,,, whose,, mailin~address~ is City Hall, 410 East Washington Street,.,~l°wa Iowa 52240
(the
City
)and
White B~falo Inc., a Connecticut nonprofit corporation w ~7'~[s principal place of
business at 54 Grandview A,v~nue, Hamden, Connecticut 06514 (the '~/¢ ,vide ").
/
~ INTRODUCTION /
WHEREAS, the City has de~ermined that there is ~n~c~s~i~i ~ I°cal deer p°pulati°n
within the municipal boundaries of I~a City which consti~tes a hazard to the health and
,
welfare of the citizens and residents of th'et, City, and a' r/ee to the habitat of the City; and,
/
WHEREAS, the Provider is experie'~ed in ar er ]aged in the business of providing
wildlife managem~ces, including witho~ ion lethal culling services designed to
control localized deer populations; and,
WHEREAS, the City desires to retain ife management services of the Provider
and the Provider desires to perform certain tlife lement services for the City;
NOW, THEREFORE, in conside~ of the covenants and promises contained
herein, the parties agree as follows:
1. Services of the
a) The agrees to perform the s"'e, xrvices for the City with
authorization from the Iowa ment of Natural Resources (IDNR) ~,~ set forth in Schedule A
attached hereto and incorporated as part of this Agreem~xt as if fully set forth
herein. The services be provided by the Provider shall be performed ~ly on those public
lands owned by as shall be authorized by the City, and/or such othe~public or private
lands within the ~al boundaries of the City for which the Provider has obtained the
consent of and such neighboring landowners whose residences or'"~uildings are
located 50 yards of any area where sharpshooting will occur (such author~ed areas
hereinafter referred to as the "Site"). It shall be the sole responsibility of the Provider to obtain
consent from private landowners as required under this Agreement.
b) The services and projects described in Schedule A are hereaft~ referred
.?
to as the "Designated ~ervices". The Provider will provide Anthony J. Ph.D. to
supervise the provision of~ Designated Services. The Provider shall be ~onsible for
ensuring the full and ompletion of the Designated Services, and devote whatever
time and attention is to reasonably ensure the adec performance of the
Designated Services in a ~al and competent manner.
c) The Provider .~presents that it is a co duly organized and
existing in good standing under the of the State of C icut. The Provider further
represents that it, and its employees agents perfor~ Designated Services are duly
licensed, certified and/or registered as may 9 necessa to provide such Designated Services
to the City. The Provider covenants and that all Designated Services will be
performed in full compliance with any and all al~ ~ble federal, state and local laws, statutes,
rules, regulations and ordinances including witl' limitation any and all requirements of the
Iowa Department of Natural Resources.
2. Term. This Agreement shall 'nmence execution of this agreement and
expire
°31 Febr~aorYmi:::aUtiUo~.--'"'"' '"'~"'"~- In COl leration of the--p~formance by the Provider of
shall ia to the Provider the ProjeCt Fees set forth in Schedule A,
Designated
Services,
the
City
plus all reasonable travel, lode/r g,/ and meal expenses' ~.incur~ed- \ by the Provider in the
performance of its obligations//under this Agreement except for ex1~enses related to personal
travel (e.g., travel to and f ~ City for the holidays or for a f~ne~al). ~,~h, e City shall further pay
the cost of the bait as pr~ ~idee in Schedule A. The payment of any o~,er expenses must first
be approved in writir by City. Within 30 days of receipt of invoice deta~ing hours spent and
expenses, payme~shall be made to the Provider.
4. jJ'ermination.
3
a) The Provider shall have the right, without prejudice to any other right or
remedy it may have, to terminate any or all of its Designated Services if:
(1) the provision of the Designated Services as set forth in Schedule
A is disrupted to the extent it makes it impossible or impractical to perform sL services;
(2) the Provider believes that the Desi Services cannot be
performed safely; or
(3) ;ity fails to provide the assistan¢ to the Provider as defined
in Paragraph 1(i) and l(k) as set h in Schedule A. Upon s~ termination by the Provider,
the Provider shall be entitled to ~ation fee as set Schedule A.
b) The City shall the right, witl prejudice to any other right or
remedies it may have, to terminate this reement respect to all or any Designated
Services at any time; provided that the Provide paid for all unpaid Designated Services
performed as of such termination date, and ;d further that the City shall be entitled to a
refund of any fees paid in advance which are ~ed as of such termination date.
5. Independent Contractor
a) The Provider shall ,rm all ~rvices under this Agreement as an
"independent contractor" of the City. ~
b) The Provider si have the right to 4.~nploy any person or persons to
the services under this A~ ;merit or to otherwise' ~as~ist the Provider, and all such
perform
/
persons shall be trained and pa,~V by the Provider. The ~r~vider~. hall carry all insurance with
respect to its employees and/agents as may be required by appll~,able law including without
.
/
limitation workers compensa/t4on/_ in.surance, and shall pay and withhold~ll.\ required federal, state
and local taxes, unemploy/ment, disability and other insurance premiur~, all applicable social
s~;;ii~:rl;Xee~,pl;;dm;ll c~fll;~Xeen~;;;eXePs.enses incurred or due and payable by reason of the
4
c) The City agrees that the Provider, as an independent contractor, shall be
entitled to exercise such discretion and judgment in the provision of the Designated Services to
fulfill and comply with the requirements set forth in this Agreement. /
d) ~The parties agree that the City will not provide the Proviz its principals,
agents, or employees ~q~, benefit, coverages or privileges, including, witl limitation, social
security, profit-sharing, 40,1 unemployment, workers' com disability, medical
insurance, life insurance or ion benefits, that the City might to employees of the
City. Unless otherwise required by the City does not intend d shall have no obligation to
the Provider to withhold any sums ~e Provider for, and Provider retains all obligations
and liability relating to, the payment the Provider' state and local income
employment taxes and the Provider shall the harmless from any failure on the
Provider's part to meet its obligations pursuant 5.
e) The Provider is not autho to assume or create any obligation or
responsibility, express or implied, on behalf of, name of, the City or to bind the City in
any manner.
f) The Provider agree shall not it any of the following employment
practices and agrees to prohibit the foll~ practices in an' ~bcontracts.
(1) To e or refuse to hire any lual because of their race,
creed, color, religion, sex, origin, disability, age, status, gender identity,
or sexual orientation.
(2) discriminate against any individual in~ Ierms, conditions, or
privileges of empl because of their race, creed, color, ion, sex, national
origin, disability,,/~ge, marital status, gender identity, or sexual ¢ ~.
/
6. Insurance.
/
aJ The Provider shall procure and maintain for the n of this
Agreement, at,/~/s expense, insurance against claims for injury to persons and age to
property which may arise from or in connection with the Designated Services undertaken 'by the
Provider pursuant to this Agreement.
Coverage shall be in the following form and amounts:
Type of Coverage Each Occurrence A_~_qre.qate
(1) ~ensive General Liability
Bodily Jry & Property Damage $1,000,000 $2,000,000
(2) Automobile Combined Sir Limit
Bodily Injury & )perty Damage $1,000,00(
(3) Excess Liability $1,000, $1,000,000
(4) Workers' Compensation: As Jired by 85 of the Code of Iowa.
The insurance carrier shall be A by A.M. Best. Such insurance shall
require that the City be notified at least 10 day~ of the cancellation thereof.
The Provider shall furnish the City :ificate or certificates of insurance naming
the City as an additional insured and the required prior to commencing
any Designated Services and from to time as may y requested by the City. If
the Provider fails to obtain the ' listed in Paragraph above, the City shall have the
right to terminate this Agreement.
7. Indemnification.
The Provider a indemnify, defend, and save the City and employees,
and agents forever harm from and against, and to promptly make for any and all
losses, damages, (including, without limitation, court costs, nts paid in
settlement, judgmE reasonable attorneys fees or other expenses for and
defending, incluc without limitation, those arising out of the enforcement of this
suits, actions, deficiencies, liabilities or obligations sustained or incurred by the s a
result of thc performance of the Designated Services described herein, including I:
6
not limited to claims by the Iowa Department of Natural Resources that the City has violated its
permission, as that term is defined in Paragraph 8 below, to kill antlerle~;s deer.
9. Citations. If the State of Iowa issues Provider or any its employees, agents, or
sul: a ticket, citation, or complaint for violating the permission to kill antlerless
deer only, .~r shall bear all expenses, including, without fines, surcharge, court
costs, civil dama under Iowa Code section 481A.130 amounts paid in settlement,
judgments, and fees. If the State of Iowa is., the City or any of its employees,
agents, or subcc ticket, citation, or complai violating the City's permission to kill
antlerless deer only of the act or actio~ Provider or its employees, agents, or
subcontractors, Provider shall ,urse the for all expenses (including, without
limitation, fines, surcharge, ~sts, civi es under Iowa Code section 481A.130
(2005), amounts paid in settlement, and reasonable attorneys fees) incurred in
defending said ticket, citation, or complai "Permission" is defined as the authorization granted
to the City of Iowa City by the Natural Commission at its meeting on June 9, 2005.
An excerpt of the minutes from neeting is~tached, marked Exhibit B, and incorporated
herein.
10. Notices. All required or permitted~nder this Agreement shall be in writing
and shall be deemed ~n personal delivery or u)~,n depoSit in the United States Post
Office, by registered or certi mail, postage prepaid and ad~[,,~sed as follows:
If to City: City Clerk ~
Civic Center ~
410 East Washington Street ~
Iowa City, Iowa 52240 '~
If Provider: Dr. Anthony J. DeNicola ~
54 Grandview Avenue ~
Hamden, Connecticut 06514 ~
Fax: 203-245-7072 ~
With a copy to: Yamin & Grant, LLC 'N
Grand Professional Building ~
182 Grand St., Suite 147
Waterbury, Connecticut 06702
?
11. PronOuns. Whenever the context may require, any pro/no~ns
used
in
this
/.
Agreement shall incla~,e the corresponding masculine, feminine o,~leuter forms, and the
singularlf2°.rms ~fn~e~'Pee~t~uTn~sShA~llr~neClmUedn~ ~loU~iit~i~sVlce v'~ahe ,entire' agreement between the
parties and supersedes all p'~r agreements and understa~.i~s, whelh, e: written or oral
rs~la~t~nmge tn~ ~i~n~eU~i~t nn~ti~i ~rth~is ~rse~r~n~r~e~ep, ."sentamtiaOdn: ~io~i~, i~dh~ife~ee~ih~rr
party hereto.
13. Amendment. This amended or modified only by a written
instrument executed by both the City and the ider.
14. Governing Law. This AgreemE ~hall be construed, interpreted and enforced in
accordance with the laws of the State of
15. Successors and Assigns. Agreen~nt shall be binding upon, and inure to the
benefit of both parties and their re! permitte'~ successors, assigns and other legal
representatives. Neither thi,' Ag re m-/~ nor the rights ari-~.g hereunder shall be assignable bY
either of the parties hereto to an/ ~ir, party without the pri(:~written consent of the other party
/
to this Agreement. J
16. No Third PaAy/ _B. eneficiaries. Nothing in this A~eement~. shall be deemed or
constructed as creating/or granting any benefits or rights to third pat~es or as an admission of
/.
liability by either City/,,er Provider. Furthermore, nothing in this Agreement shall be constructed
/
. _\
as a waiver of any./~ity's immunities or defenses under state or federal law.~
/
17. //Miscellaneous.
//a) No waiver by either party of any right, condition, term or pt~ision of this
/
Agreement shall operate as a waiver of any preceding or subsequent right, conditio'~rm or
provision hereof. A waiver or consent given by either party on any one occasion shall not be
construed as a bar or waiver of any right of such party on any other occasion.
b) The captions of the sections of this Agreement are for/C;3nvenience of
reference only and in no way define, limit or affect the scope or substance ~/any section of this
/
Agreement. /
IN WITNESS, WHEREOF, the parties hereto have executedpis Agreement as of the
\
/
day and year set fcrtl' bove. /
/
CITY OF IOWA CITY WHITE/UFFALO, INC.-
/
~yor J. DeNicola
Attest: Date
Approved
City'~lerk
Attorney's Office
CITY ;KN(: NT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ ~J' day of ,2005, me, the undersigned,
a notary public in and for the S of Iowa, personally appeared W. Lehman and Marian
K. Kart, to me personally kno who bein9 by me duly sworn, did at they are the Mayor
and City Clerk, respectively, said municipal corporation executing and foregoing
instrument; that the seal ~ffixed thereto is the seal of said municipal )oration; that said
instrument was si§ned ant'sealed on behalf of said municipal corporation thority of its City
Council; and that the s~id Mayor and City Clerk as such officers ~ ed that the
execution of said instru/nent to be the voluntary act and deed of said c( by it and by
them voluntarily exec/~ed.
I'.~_'1 My Co. mm, issi.on Expires
Notary
Public in and for the State of I'~)~va
9
WILDLIFE MANAGEMENT SERVICE AGREEMENT
SCHEDULE A
1. Proi~t. Pursuant to the terms and conditions of the Wile Management
/
Agreement b~and between the City and the Provider, the =ro~ ~Z~ agrees to perform
Service
the following services~fo~he City: kill only white-tailed, antlerless/de~' on the Site up toe
.
maximum of 192 deer, subj~'~to the following: j
~: Only antlerDeer are to~d;~re;h;il bmeetaa~sen' ,g between January 11, 2006
and February 28, 2006. re rifles shall Jsed except in special situations where
.22 caliber rimfire rifles may used. are to be killed only by those means
approved by the State of Iowa ~ource Commission as part of the Urban Deer
Management Unit for Iowa City.
c. Prior to shooting, shall provide evidence satisfactory to the
City that all of its officers, em and ents who will be shooting have passed a
shooting proficiency test for ;rfire rifles 22 caliber rimfire rifles. City acceptance
of such evidence does create any duty ~bility on the part of the City. The
responsibility for the and shooting Provider's officers, employees,
and agents shall re~ ~in with the Provider.
d. N g may occur within 50 yards of inhabited by people
or domestic or within 50 yards of a feedlot, unless Provider has obtained
the prior c¢ ~ent of the owner or tenant.
Sites selected for shooting will be based on concerns, deer
activi/t~, and input from the City. The Provider shall inform the County DNR
/
bio/ogist/conservationist officer of when and where activity is scheduled.
/
(' f. No predominantly white deer of the whitetail species may be
10
g. Shooting may be done with the aid of bait. The Provider shall be
responsible, with input from the City, for selecting bait sites, and the Provider shall be
responsible for preparing bait sites. Upon prior approval of the City, the cit~Shall pay
the cost of the bait.
h. Shooti~ g may occur during daylight or at night and the may use
artificial light and ' ' equipment. It shall be up to the to provide any
lighting or other ~t it wishes to use.
i. Shooting occur from a tree stand and a
j. The City ~rovide the personnel an~ ~hicles necessary for the
transport and processing of ~rcasses. The Pro~ shall tag all deer. The City
shall pay the costs of locker fees.
k. The Provider shall data and records regarding the
performance and the Designated uested by the City, including but not
limited to the sex and age of each deer kill
I. The City hereby covenar it has obtained all necessary approval
from the Iowa Department of Natural the performance of the Designated
Services set forth in this Agre, and Provider acknowledges that said
permission includes the that only "antlerles~" deer shall be killed and that the
City has no permission to kill lered deer. ~
2. Compensation./ / ,,~~.~
a. The fee,,,~'fl,r the Project ("Project Fees ) shall betas follows:
(1) ~-IMPLEMENTATION PHASE (i~clud:s..a~.inment of access on
private properties, bait site selection, bait sit~k preparation, and
prebaiting): $95.00 per hour for senior scientist ano'~65.00 per hour
for each field technician performing such service~,~, plus those
expenses described in Paragraph 3 of this.Agreement. ~
11
(2) IMPLEMENTATION PHASE (includes killing of deer, evisceration as
needed, data collection as requested, and final report): $95.00 per
hour for senior scientist and $65.00 per hour for eac~ field technician
performing such services, plus those expen described in
Paragraph 3 of this Agreement.
(3) ;ES: Expenses described in 3 of this Agreement.
b. anding the above, the total amc of compensation for Project
Fees paid to Provider ~11 not exceed $49,100 reg ;ss of the number of deer killed
except as provided in sub raphs (c) below.
c. For every deer killed City shall subtract $425.00 from the
total Project Fees defined
3. Termination Fee. In the Provider terminates the Agreement pursuant
to Paragraph 4 of the Agreement, the Prov .~r shall be compensated for work completed and
all expenses incurred up until the date of tion.
4. Cost of Delay. In the that ler's ability to shoot deer after arriving in
Iowa City is disrupted continuousl~ more (24) hours as a result of any
action taken by any person who ~osed to the nated Services contemplated herein, it
is hereby agreed that the pay the Provider $1,¢ for each day the Provider is
unable to shoot due to up to a maximum $5,000.00, to help defray the cost
associated with such del;
sue\deercomm\White 05 Agmt.doc
EXHIBIT
Natural Resource Commission Minutes June 2005
IOWA CITY DEER MANAGEMENT PLAN FOR 2005-2006
Michael Brandrup, Administrator, Conservation and Recreation Division, pre/se/nted the
following item.~X,
The Commission isa~ed to approve the authorization of sharp shooting deer/An Iowa City for
2005-2006 with the follls~ing stipulations: 1) take antlerless deer only; 2) r~_ moval of antlerless
deer to be done between J'a~uary 11, 2006 and February 28, 2006; 3) Iowa/City should develop a
plan that uses bow hunting o~,areas where suitable, and allow sharp shoeing in areas where bow
hunting can not be done becau'~e of access logistics.
/
Dale Garner reported that the Io~a City Deer Task Force did '0mmend an archery hunt but
their city council turned that down.__'x_He added that we would lik , have Iowa City work with us
to address their needs. Therefore, °u~xstaff has recommended/d~ they be allowed to sharp
shoot
deer in Iowa City. Our recommendation is that they (e antlerless only deer and remove
antlerless deer after January 10. Mr. Ghmer said staff sti >elieves Iowa City should use a plan
that uses bow hunting in areas not have
Mr. Garner noted that our re was to shoot antlerless deer only but they
shot about 40% bucks. He said that it is to identify a buck fawn from a female
fawn but the gentleman that is doing the is a well-trained professional and is shooting
the deer at less than 40 yards and he should h the ability to differentiate between a buck and
doe. Mr. Garner said one of the he would make to Iowa City would be to pay
the sharp shooter for only the female dee Mr. Garner noted that estimates by
Willie Suchy indicate that if the number bucks are taken into consideration, they are not
meeting their goals in some areas. He that the ~'[ wants to work with the city to
provide their expertise but if they to pay a out of taxpayer dollars, it is not
up to us to say they are wasting thei
Commissioner Francisco that one of the task members pointed out to him that
one of the reasons they nded an archery hunt in )n to sharp shooting this year is
that sharp shooting is not ac, ~lishing the goals. Mr. Francis suggested that the department
in its cover letter could our help in their dealing with fility issues. He said they
expressed concern that could not designate zones within the where hunting could or
could not occur so r main problem is that it would require ordinance change. Mr.
Francisco said city meeting notes indicated they wanted to sharp shooting on the
university campus the college is not willing to consider sharp acceptable except
during Christmas reak. He said he does agree we should allow them ~harp shoot but also
recommend to task force that they negotiate a contract that accepts fly. Mr. Francisco
said the Task should be commended for recognizing that sharp shootin not achieving
their goals, copy of our letter should also be sent to the city council.
Chairper Marcantonio commented that she has a problem with us stit ,hat the Iowa
City C should develop. She said we should recommend and encourage to develop
bow but we should not stipulate to a local government.
NO
June 2005 Natural Resource Commission Minutes
Director Vonk stated that the department should offer the city assistance in any way and offer
help on liability issues and be proactive to answer their questions.
Ifi Motion was made by Commissioner Francisco to approve the Iowa City Deer Management Plan
r 2005-2006. Seconded.by Commissioner Duncan Motion carried unanimously.
II ~ DEER MANAGEMENT PLAN APPROVED
PUBLIC PARTICIPATI~- PAMELA MACKEY TAYLOR
Pamela,,Mackey Taylor preseh~ the following prepared statement:
The Iowa DNR staff prepal~d a report in response to the Petition by the undersigned
to place the mountain lion or cougar 6xn the state's endangered species lis) disagree with the staff's
recommendation that the cougar not be ~xlaced on the list.
1. Staff says that the on~l.y cougai~ in Iowa are a few young miles passing through. They cite no
scientific evidence to support this statement. In fact, when Ron rews gives his presentation around
the state, he says there are several cougars in Iowa. He does not they are just passing through. Mr.
Andrews further explains that the carrying for cougars k, reached in South Dakota's Black
Hills, and the males are dispersing and for more /. The females will also disperse. It is
significant that the same situation exists in with cougars drifting back into the state.
Missouri, however, had enough political cougar on the state's endangered species
list.
Staffthen says that there is ' habitat for cougars in Iowa. Since cougars are
native to Iowa, the habitat is obviously appropriate. Iowa is the most environmentally altered
sate in the nation and there is certainly less native for the cougar now than in the nineteenth
century, there are still areas of the state where couga :ist. Furthermore, loss of habitat is one of the
grounds for listing a species as endangered. Most species achieve that status because of loss
of habitat. So rather than being a justification listing cougar, loss of habitat should be a reason
for listing.
2. DNR staff also objects to our of the with the bobcat. The statement is
made that the bobcat was classified a a not an endan species, from 1930's to 1977, and
therefore the cougar should be s well. Thc of that argument ws no endangered species
law or list until 1977. When the species list was 'stx~reated in 1977, the bobcat was
immediately placed on the list. Staff the resurgence of the bob'cat to a decline in trapping. Of
course there was a decline in trapping. The animal was on the endangered~xand then the threatened, list so
it could not be trapped. / ,, . ~
If the cougar is place3d/6n the endangered species list, it will inc~ase in numbers just as the
bobcat did. Staff also credits h/abitat improvement for increasing bobcat numbers. That is the point that
was made previously about infreasing habitat for the cougar.
3. Staff also dismisses the comparison of the cougar in Iowa with the jagS, ar in the southwestern
United States. Staff arguCthat the jaguar was endangered everywhere in the rang.Xe~. ~The fact is that the
cougar is endangered ev/4rywhere in its range in Iowa. Endangered status in a state.~r a state list is not
based on the species'/ffational status: This argument by staff is reminiscent of the pin, several years ago
by the DNR to ~de plants in the border counties from the state endangered or .~reatened in the
adjoining state, scheme was so scientifically and legally flawed that it was severelyX~nd effectively
criticize/~d n~ out.
N05 ~n-52
//
Date: October 26, 2005
To: City Council
From: Kathi Johansen - Adrfl'~strative Assistant to the City Manager
Re: Deer Management Request for Proposal - Pricing information
On September 13, 2005, the City of Iowa City issued a request for proposal (RFP) and received
a total of six. Following you will find a summary of pricing information regarding these proposals.
White Buffalo, Inc. has been recommended on your agenda of November 1, 2005.
Blackdeer Sharpshooters
$57,408.00 or $299 per deer
GJ Products
$75,000.00
Moon Bay Limited
$72,000.00
Phil's Repair
$300 per head
$25.00 per hour for set up
$15.00 per hour for observation
$5,000.00 initial start up fee for equipment
White Buffalo, Inc.
$49,100.00
Whitetail Deer Management & Control, Inc.
$53,185.28
11_~011.0~±
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 12
RESOLUTION NO. 05-351
RESOLUTION AMENDING THE BUDGETED POSITIONS AT THE AIRPORT BY
DELETING THE FULL-TIME AIRPORT MANAGER POSITION AND ADDING A PART-
TIME (.60) POSITION OF AIRPORT OPERATIONS SPECIALIST AND AMENDING
THE CONFIDENTIAL/ADMINISTRATIVE PAY PLAN BY DELETING THE POSITION
OF AIRPORT MANAGER AND ADDING THE POSITION OF AIRPORT OPERATIONS
SPECIALIST.
WHEREAS, Resolution No. 05-188 adopted by the City Council on March 1, 2005 authorized
permanent positions at the Airport for FY06;
WHEREAS, Resolution No. 03-192 adopted by City Council on June 20, 2003 established a job
classification/compensation plan for Administrative/Confidential employees;
WHEREAS, the Airport Commission passed a motion at its meeting on October 13, 2005 to
recommend that City Council amend the FY06 budget by deleting the full-time airport manager
position and adding a part-time (.60) position of airport operations specialist;
WHEREAS, the Airport Commission has determined that the management duties and
responsibilities being shared among a consultant for grant writing and related FAA and Iowa
DOT matters, the fixed base operator (Jet Air, Inc.) for daily operations on the field, and a new
part-time position for administration, including but not limited to paying bills, responding to
telephone calls and correspondence, preparing meeting agenda packets, dealing with
tenants/leases, operating the Unicom radio, and assisting Commission with implementing
Strategic Plan is an effective and efficient way to provide the full range of management services
to the Airport at the present time; and
WHEREAS, it is in the best interest of the City to accept the Commission's recommendation
and to amend the budget accordingly;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA THAT:
1. The budgeted positions at the Airport be amended by:
a. The deletion of one full-time Airport Manager.
b. The addition of one part-time (.60) Airport Operations Specialist·
2. The Administrative/Confidential Pay Plan be amended by:
a. The deletion of the position of Airport Manager, Grade 27.
b. The addition of the position of Airport Operations Specialist, Grade 23.
· /l{assed and approved this_ 1st day of ~ovember ,2005.
Approved by
CITY ~;LERK
City Attorney's Office
Resolution No. 05-35
Page 2
It was moved by ~ai l~y and seconded by Vanderhoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
x Lehman
x O'Donnell
x Vanderhoef
x Wilburn
13
Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232
RESOLUTION NO. 05-352
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT
FOR THE IMPROVEMENT AND SALE OF LAND FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND PLAZA
TOWERS, L.L.C.
WHEREAS, the City of Iowa City, Iowa ("City") and Marc Moen, Monica Moen and Michael Moen,
comprising Plaza Towers L.L.C. ("redeveloper") entered into an Agreement on July 16, 2002 for the
redevelopment of Urban Renewal Parcel 64-1A; and
WHEREAS, on October 14, 2003 the City and Redeveloper entered into a First Amendment to said
Agreement; and
WHEREAS, said Agreement makes provision for changes in the Agreement with the consent of the
City and the Redeveloper has requested such changes; and
WHEREAS, certain provisions of said Agreement provided for the number of bedrooms contained in
each unit and for the completion of all improvements; and
WHEREAS, in the case of the number of bedrooms per unit, the Redeveloper requests a change in
the limitation to two bedrooms per unit to reflect the purchase and combining of two condominiums
by single purchasers such that there is an opportunity for more than two bedrooms with the
combined units; and
WHEREAS, in the case of the completion of all improvements, the Redeveloper requests a change
in the Agreement to reflect a final completion date of no later than February 1,2006 to accommodate
complex interior commercial buildouts; and
WHEREAS, the City has determined that the changes requested are reasonable and have little to no
impact on the goal of the project to provide a signature multi-use development downtown.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
JOHNSON COUNTY, IQWA THAT:
The Mayor is authorized to sign and the City Clerk to attest the Second Amendment to the
Agreement for the Improvement and Sale of Land for Private Redevelopment by and between the
City of Iowa City, Iowa, and Plaza Towers, L.L.C., which is attached hereto and made a part hereof.
Passed and approved this 1st day of 1~ovemhe~' ~ ,20 r)5 -
Approved by
City Attorney's Office
Resolution No. 05-352
Page 2
It was moved by O'Donnell and seconded by Bailey the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
× Champion
× Elliott
~- Lehman
× O'Donnell
× Vanderhoef
x Wilburn
ppdadmin~res\plazatowers .doc
SECOND AMENDMENT TO
AGREEMENT
FOR
THE IMPROVEMENT AND SALE OF LAND
FOR PRIVATE REDEVELOPMENT
By and Between
THE CITY OF IOWA CITY, IOWA,
And
PLAZA TOWERS, L.L.C.
WHEREAS, the City of Iowa City, Iowa ("City") and Marc Moen, Monica Moen
and Michael Moen, comprising Plaza Towers L.L.C. ("redeveloper") entered into
an Agreement on July 16, 2002 for the redevelopment of Urban Renewal Parcel
64-1A; and
WHEREAS, on October 14, 2003 the City and Redeveloper entered into a First
Amendment to said Agreement; and
WHEREAS, said Agreement makes provision for changes in the Agreement with
the consent of the City and the Redeveloper has requested such changes; and
WHEREAS, certain provisions of said Agreement provided for the number of
bedrooms contained in each unit and for the completion of all improvements; and
WHEREAS, in the case of the number of bedrooms per unit, the Redeveloper
requests a change in the limitation to two bedrooms per unit to reflect the
purchase and combining of two condominiums by single purchasers such that
there is an opportunity for more than two bedrooms within the combined units;
and
WHEREAS, in the case of the completion of all improvements, the Redeveloper
requests a change in the Agreement to reflect a final completion date of no later
than February 1, 2006 to accommodate complex interior commercial buildouts;
and
WHEREAS, the City has determined that the changes requested are reasonable
and have little to no impact on the goal of the project to provide a signature multi-
use development downtown.
NOW, THEREFORE, on this day of November, 2005 in consideration of the
premises of the original Agreement as amended and the mutual obligations
contained therein, and in light of the changes in circumstance noted, each party
agrees to and covenants with the other as to the following amendments to the
original Agreement as amended:
Part I, Section 5:
This Part and Section is amended by striking said Section and inserting in lieu
thereof the following:
Section 5. Time for Commencement and Completion of Minimum Improvements.
The construction of the Project and Minimum Improvements referred'to in
Section 301 of Part II hereof shaft commence not later than December 1, 2003,
and shaft be completed on or before February 1, 2006.
2
Exhibit D
Exhibit D, Minimum Improvements and Uses, is hereby amended by striking the
sentence in subsection 1 related to bedrooms in residential units and inserting in
lieu thereof the following:
Any residential units shall not contain more than two bedrooms per unit except if
owner-occupied condominium units are combined to result in up to three
bedrooms per combined unit, or except with written approval of the City.
All terms and conditions of the original Agreement as amended and not
specifically amended by this Second Amendment shall remain in full force and
effect.
IN WITNESS WHEREOF, the City has caused this Amendment to Agreement to
be duly executed in its name and behalf by its Mayor and its seal to be hereunto
duly affixed and attested by its City Clerk, and the Redeveloper has caused this
Agreement to be duly executed in its name and behalf by its authorized
representative, on or as of the day first above written.
CI~,~)F IOWA CITY.~.A
"~r~est W. Lehman, I~layor
_ /o--'z.,f'-
City Attorney's Office ATTEST: Ma~r~~
n K. Karr, City Clerk
3
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this /~ day of ~u¢,~i~_~_, 2005, before me a Notary Public in
and for said County, personally appeared Ernest W. Lehman and Marian K. Karr,
to me personally known, who being duly sworn, did say that they are the Mayor
and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that
the seal affixed to the foregoing instrument is the seal of said Municipal
Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by it voluntarily executed,
[ .¢~',. I SONDRAE FORT I
~°~t~I Commission Number 1597911 ~_~_- F-~
· ~ '1 My Comml~ssion.Expires I
,o--'~'1 ~/¢/~/ I Notary Public in and for the State of Iowa
/ / [
STATE OF IOWA )
)
COUNTY OF JOHNSON )
On this ,~6 day of 8¢¢'~-,¢._ ,2005, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Marc B. Moen, to
me personally known, who being by me duly sworn, did say that he is the
President of Plaza Towers, L.L.C., an Iowa limited liability company, executing
the within and foregoing instrument to which this is attached, and that no seal
has been procured by said limited liability company; that said instrument was
signed on behalf of the limited liability company by authority of its members; and
that Marc B. Moen as officer acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the limited liability company, by it
and by him voluntarily executed.
1'~2~.1 SONDRAE FORT I
b° ~li~ ~lCommissionNumber 15979~1
I'~ '1 My Comm. issiol~ Expires I ~~ ~
l~1 ~/~/ J. Notaw Public in and for the State of Iowa
4
PI~AZA T()'~VERS, I,LC
I~.~ .x c~. I{~xx ~x 522.40
m~c~moengroup.com
October 3, 2005
Mayor and Iowa City Council
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Re: Plaza Towers (parcel 64-1a)
Dear Mayor and Council:
I am writing regarding the completion date under the AGREEMENT FOR, IMPROVEMENT AND SALE
OF LAND FOR PRIVATE REDEVELOPMENT of parcel 64-1a. Part I, Section 5 of that agreement
provides:
"Section 5. Time for Commencement and Completion of Minimum Improvements.
The construction of the Project and Minimum Improvements referred to in Section 301 of Part II
hereof shall commence not later than November 1, 2003, and shall be completed on or before November 1,
2005."
With agreement of the City, the commencement date of this project was extended. In addition, there are a
number of complex interior commercial buildouts in this project which involve extensive mechanical
engineering and design. Our goal is to have the building complete, including interior buildouts, by
December 31st with occupancy in early January, 2006. However, in an abundance of caution, we request an
extension of the completion date to and including February 1, 2006.
We sincerely appreciate your cooperation in this request. Should there be queStions please do not hesitate
to contact me.
Sincerely,
MARC B. MOEN
ce11:319.430.3010
PLAZA TOWERS, LLC ,,~,, ~19 ~ s9 ,,
MANAGEMEN 1'. ~A[,ES &, RENTAI,S t,, ~1} ',3~1
IOWA CITY, IOWA 52240
m~c~moen~oup.com
October 3, 2005
Steve Atkins
City of Iowa City
410 East Washington Street
Iowa City, Iowa 52240
Re: Plaza Towers (parcel 64-1a)
Dear Steve:
I am writing regarding the AGREEMENT FOR, IMPROVEMENT AND SALE OF LAND FOR PRIVATE
REDEVELOPMENT of parcel 64-1 a. Paragraph numbered 1 of Exhibit "D" to that agreement states, in part:
"Any residential units shall not contain more than two bedrooms per unit except with written approval of the City."
None of the apartments in Plaza Towers exceed two bedrooms. Five of the purchasers of condominium units bought
two units and combined them into a single unit. In these larger combined units, there is a master bedroom and two
smaller rooms. All three could be used as bedrooms. These could also be dens, studies, sitting rooms, etc. All five of
these "double" units were purchased as owner occupied units. These units are completely consistent with the goal of
attracting adult popUlation as permanent downtown residents.
We request that the City provide written approval for these units which have the potential of three bedrooms.
Please let me know if you need any additional information or if you have questions.
ce11:319.430.3010
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 05-353
RESOLUTION ACCEPTING DONATION OF THE ANGEL OF HOPE STATUE
AND APPROVING PLACEMENT OF THE STATUE IN CITY PARK
WHEREAS, citizen Bruce Titus has raised donations to purchase an Angel of Hope and has
proposed that the City accept his donation of the Angel of Hope statue for placement in City Park
in Iowa City; and
WHEREAS, said donation will be at no cost to the City; and
WHEREAS, the purpose of the statue is to provide a place to grieve for persons who have lost
children; and
WHEREAS, at its meeting of July 13, 2005 the Iowa City Parks and Recreation Commission
approved the placement of the Angel of Hope statue in City Park to the north of the main parking
lot, at a size not exceeding 6'9", including the base, and approved the following inscription:
On the front of the statue: "For all who are grieving the loss of a child, this Angel of Hope
is dedicated on December 6, 2005."
On the back of the statue: "Annual candlelight vigil December 6, 7:00 p.m."
WHEREAS, said donation of the Angel of Hope is consistent with the City's Parks and Recreation
Department's Memorial Donation Policy
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
City Council accepts the donation of the Angel of Hope statue in accordance with the
recommendations of the Parks and Recreation Commission and approves placement of the
statue in City Park to the north of the main parking lot.
Passed and approved this 1st day of November ,20 05
CITY ~--'LERK' City Attorney's Office
wpdataJmg dagd/angelofhope-res.doc
Resolution No. 0_5-353
Page 2
It was moved by Elliott and seconded by O'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Bailey
x Champion
x Elliott
x Lehman
x O'Donnell
X Vanderhoef
X Wilburn