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HomeMy WebLinkAbout2005-11-15 Resolution Prepared by: Ron Knoche, PW, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 05-355 RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 13, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET/SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE STREET PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 13"~ day of December, 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 15th day of November ,20 05 MAYOR Approved by CITY"Ct. ERK " ' City Atto(~ey's Office pweng~res~sgilbertnapol 3,doc Resolution No. 05-355 Page It was moved by Champion and seconded by Bailey 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 Prepared by:Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 05-356 RESOLUTION SETTING A PUBLIC HEARING ON DECEMBER 13, 2005 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - WILLOW CREEK TO OLD HIGHWAY 218 PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 13TM day of December, 2005, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this ~ ~-~ day of ~,~,,,~,~,.,- ,20 n~ City A{-t~'r(ey's Office pwenCres~setph mormon trek ext2005.9/99 Resolution No. 05-356 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion × Elliott x Lehman × O'Donnell × Vanderhoef x Wilburn Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-357 RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT FOR THE LEASE OF APPROXIMATELY 5,000 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE IOWA CITY PUBLIC LIRBARY BUILDING, AND SETTING A PUBLIC HEARING ON SAID LEASE AGREEMENT FOR DECEMBER 13, 2005, WHEREAS, the Iowa City Public Library Building contains commercial space being marketed for lease for commercial use; WHEREAS, the Library Director has negotiated a lease agreement for the lease of approximately 5,000 square feet of said commercial space to Primus Telecommunications Inc. for a term of five (5) years with renewable options; WHEREAS, the lease of said commercial space 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 enter into the above-referenced lease agreement. 2. Public hearing on said lease agreement should be and is hereby set for December 13, 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 15th day of November ,20 05 · Approved by CITY'CE. ERK City Attorney's Office Resolution No. 05-357 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 05-358 RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U.S. Bank N.A. 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 Iowa State Bank & 102 S. Clinton St. Same 35,000,000.00 35,000,000.00 Trust Co. Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 ~: 501 12th Ave, Ste 100 35,000,000.00 35,000,000.00 Coralville IA 52241 2,,'.,: ' West Bancorporation, Inc. 1601 22nd St., Suite 209 229 South Dubuque 30,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 :::: :P.O. Box 73850 301 S. Clinton St. 50,000,000.00 50,000,000.00 Cedar Rapids, IA 52407-3850 Iowa City, IA 52240 Wells Fargo Bank, N.A. 666 Walnut St. 112 S Dubuque St 50,000,000.00 50,000,000.00 Des Moines, IA 50309 Iowa City, IA 52240 U of I Credit Union 500 Iowa Avenue Same 25 000 000 00 ~i~:~;~i 0 Iowa City, IA 52244-2240 Freedom Security 140 Holiday Rd. Same 15,000,000.00 15,000,000.00 Bank PO Box 5880 Coralville, IA 52241 Farmers & Merchants 1550 S. Gilbert St. Same 15,000,000.00 15,000,000.00 Savings Bank Iowa City, IA 52240 Liberty Bank 6400 Westown Parkway 205 E College 15,000,000.00 25,000,000.00 Des Moines, IA 50266 Iowa City, IA 52240 First American Bank 1207 Central Avenue 1901 Broadway, Ste 2 0.00 10,000,000.00 Fort Dodge, IA 50501 Iowa City, IA 52240 November ,~1 ,2005 -' ved by CITY CLERK City Attorney's Office //_ ~ _ ~) ,~-- Resolution No. 05-358 Page 2 It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey x Champion x Elliott x Lehman × O'Donnell × Vanderhoef x Wilburn Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-359 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, BOX CULVERT, TILE LINE, WATER MAIN, PAVING AND CONCRETE TRAIL PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE - PART TEN A, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, box culvert, and water main improvements for Windsor Ridge - Part Ten A, as constructed by Bockenstedt Excavating of Iowa City, Iowa. Paving and concrete trail improvements for Windsor Ridge - Part Ten A, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City,. Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this l~th dayof November ,20 05 · Approved by City'~tt~)rney~ Office It was moved by Champion and seconded by R~i 1 ,~¥ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x __ Bailey × __ Champion × __ Elliott × __ Lehman × __ O'Donnell X __ Vanderhoef X Wilburn pweng/res/windsorptl0a,doc CI1¥ oF low^ CIIY 410 last Washington Street Iowa City, Iowa 52240-1826 (3191 356-5000 {319) 356-5007 FAX www. i cgov. 0 rg ENGINEER'S REPORT November 9, 2005 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Ten A Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, box culvert, tile line, water main, paving and concrete trail improvements for Windsor Ridge - Part Ten A has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, box culvert and water main improvements constructed by Bockenstedt Excavating of Iowa City, Iowa, and for the paving and concrete trail improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/engrpt-windsorprt 10A.doc Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-360 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN IMPROVEMENTS FOR WINDSOR RIDGE - PART THIRTEEN. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer and water main improvements for Windsor Ridge - Part Thirteen, as constructed by Bockenstedt Excavating of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 15th day of November ., 20 05 Approved. by . CI~ERK ' ' City Attorney's Office It was moved by P.h~m?inn and seconded by g.~ 1 ,~y the Resolution be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: × __ Bailey X __ Champion X Elliott X __ Lehman X __ O'Donnell X __ Vanderhoef X __ Wilburn pweng/res~vindso~pt 13.doc CIIY OF IOWA C 1¥ 410 £ast Washington Street Iowa City. Iowa 52240-1826 (319) 356-~;000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT November 7, 2005 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Thirteen Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Windsor Ridge - Part Thirteen have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer and water main improvements constructed by Bockenstedt Excavating of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pwen g\letters\Win d sor- 13.doc Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-361 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS ASSOCIATED WITH THE CONSTRUCTION OF COURT STREET LOCATED WITHIN WINDSOR RIDGE - PART FOURTEEN, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Storm sewer, tile line and water main improvements associated with the construction of Court Street located within Windsor Ridge - Part Fourteen, as constructed by Bockenstedt Excavating of Iowa City, Iowa. Paving improvements associated with the construction of Court Street located within Windsor Ridge - Part Fourteen, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 15th day of November ,20 05 MAYOR (~ity Attorney's ~Dffice It was moved by c.h~mp~ nn and seconded by ~-i '1 ey 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 __ Wilbum pweng/res/~ndsorpt14.doc ' CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov,org ENGINEER'S REPORT November 7, 2005 Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Part Fourteen Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer, tile line, water main and paving improvements associated with the construction of Court Street located within Windsor Ridge - Part Fourteen has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the storm sewer, tile line, and water main improvements constructed by Bockenstedt Excavating of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng~letters\Windsor-14.doc Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-362 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOT 1 OF WINDSOR RIDGE - PART TWENTY-ONE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Lot 1 of Windsor Ridge - Part Twenty-One, as constructed by Bockenstedt Excavating of Iowa City, Iowa. Paving improvements for Lot 1 of Windsor Ridge - Part Twenty-One, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 1 ~,th day of ~qovember ,20 05 CI'TY"C~ERK ' City Attomey's Off~e It was moved by Champ±o~t and seconded by ~,a:i_'l e¥ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X __ Bailey × __ Champion × __ Elliott × __ Lehman × __ O'Donnell × __ Vanderhoef ~- __ Wilburn pweng/res/windsorpt21 .doc C 1¥ o[ low^ C 1¥ 410 £ast Washington Street Iowa City, Iowa 52240-1826 {319) 356-5000 (3 I 9) 356-5007 lAX www.icgov,org ENGINEER'S REPORT November 7, 2005 Honorable Mayor and City Council Iowa City, Iowa Re: Lot 1 of Windsor Ridge - Part Twenty One Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main and paving improvements for Lot 1 of Windsor Ridge - Part Twenty-One, has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, and water main improvements constructed by Bockenstedt Excavating, of Iowa City, Iowa and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, Ronald R. Knoche, P.E. City Engineer pweng/engrpt-windsorprt21 .doc Prepared by: Liz Osbome, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-363 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 708 5th AVENUE, IOWA CITY, IOWA. WHEREAS, on November 10, 2004, the owner executed an Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 708 5th Avenue, Iowa City, Iowa from a Mortgage, recorded March 16, 2005, Book 3853, Page 570 through Page 574 of the Johnson County Recorder's Office. Passed and approved this 15th day of November ,20 05 MAYOR CIT'C'C-LERK City Attorney's Office It was moved by C, bmmp~(~n and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott X Lehman x O'Donnell × Vanderhoef × Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s):Colleen A. Mahoney Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 708 5th Avenue, Iowa City, Iowa, and legally described as follows: Lot 7 in Block 35, in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record thereof. from an obligation of the owner, Colleen A. Mahoney, to the City of Iowa City represented a Mortgage, recorded March 16, 2005, Book 3853, Page 570 through Page 574 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ ~ ¢/~day of ~ ~)O~E~_~.~'~. , A.D. 20 o ~, ~fom me, the undersigned, a Nota~ Public in and for said Count, in said State, ~monal~ ap~ar~ Ernest W. Lehman and Madan K. Karr, to me ~monal~ known, ~o ~ing by me du~ sworn, d~ say that they am the Mayor and C~ Cle~, ms~iveN, of said municipal ~omtion executing the within and foregoing instrument; that the seal affix~ thereto is the seal of sa~ ~oration, and that the instrument was sign~ and seal~ on ~aff of t~ co~oration by a~hor~ of ~s C~ Council, as contain~ in Resolution No. ~ adopted by the C~ Council on the ~ day ~O~ , 20 ~ ~ and that the said Ernest W. Lehman and Marian K. Kaff as such offi~m acknowledg~ the execution of said instrument to ~ the volunta~ a~ and d~ of said co~omtion, by ~ and by them voluntari~ execute. ~ota~ ~ublic in and for Oohnson Count, Iowa Ig ~ ~1 Commission Number 1597911 I'~ 'J My Commission E~lms I Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-364 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND COUNTRYWIDE FULL SPECTRUM LENDING DIVISION, SIMI VALLEY, CALIFORNIA FOR PROPERTY LOCATED 708 AVENUE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages in the amount of $10,995, these were executed by the owner of the property on November 10, 2004 and recorded on November 16, 2004, in Book 3853, Page 575 through Page 581 and in Book 3853, Page 582 through Page 588, in the Johnson County Recorder's Office covering the following described real estate: Lot 7 in Block 35, in East Iowa City, Johnson County, Iowa, according to the plat ' thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record thereof WHEREAS, Countrywide Full Spectrum Lending Division has refinanced a mortgage in the amount of $90,950 to the owner of 708 5th Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Countrywide Full Spectrum Lending Division has requested that the City execute the attached subordination agreement thereby making the City's liens subordinate to the lien of said mortgage with Countrywide Full Spectrum Lending Division; and WHEREAS, there is sufficient value in the above-described real estate to secure said liens as junior liens, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Countrywide Full Spectrum Lending Division, Simi Valley, California. Resolution No. 05-364 Page 2 Passed and approved this 15th day of November , 20 05 CI'TY"GLERK City Attorney's Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion × Eliiott ;~ Lehman x O'Donnell x Vanderhoef x Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Countrywide Full Spectrum Lending Division Mortqa.cle, Simi Valley, California, herein the Financial Institution. WHEREAS, the City is the owner and holder of two Mort~aqes which at this time are in the amount of $107995, and were executed by Colleen A. Mahoney (herein the Owner), dated November 10, 2004, recorded November 16, 2004, in Book 3853, Page 575 thru Page 5817 and Book 3853, Page 582 thru Page 588 Johnson County Recorder's Office, covering the following described real property: Lot 7 in Block 35, in East Iowa City, Johnson County, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record thereof WHEREAS, the Financial Institution proposes to loan the sum of $90,950 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mort_qa.qes held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mort_~a_~es held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgages of the City. 10/20/2005 12:35 3133565217 IC PLANNING/JCOOG PAGE 03/04 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. 20 05. Dated this~ ~ . dey of CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor ~ f Attest: City ~r~rk CITY'S ACKNOVVLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this I,~ ~ day of f~C~u~n3~.~.v. , ,20 ~ ~, before me, the undersigned, a Notary Public in and for the State of iowa, personally appeared E~ST' LO, L.~/v,,.~,,,0 and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City .Clerk, respectively, of the City of Iowa City, Iowa; that the seal afrrxed to the foregoing instrument is the corporate seal of the corpo.ration, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. (pE) -' ~/~ 4 passed (the Resolution adopted) by the City Council, under Roll Call No..------------ of the C~ Council on the _ !~+~' dayof ~',~c,~r~/-,~, ,20~,and that ~_~..~T b.~. LP_~4,~.~.~ and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. * I~° ~ ~1 Commission Numbe-r 1.597911 --.~1~1~_~ ~'~ I~B-'I My Commission Expires ~ - - ~ ~ I ~ / '7/o (,, · Notary Public in and for the State of Iowa / 10/20/200§ 12:3G 313356521? IC PLANNING/JCCOG PAGE 04/04 SUBORDINATION AGREEMENT PAGE 3 STATE OF ~ ) ,I~kHNS'ON COUNTY ) This in~,trument was acknowledged before me on O C~o~D~ ~ 13 2005 by ~5 el(i. Gu.z-w~,(name(.~).of personCe)) as , _ O ~' ~, .C ~ ~ a. uthority, e.O, officer, trustee, etc.)of., CgJ_/4~t,x~ S~)e. c.'~u,.~Y'l (name(type Ofof party of behalf of whom instruments was executed). Notary Public in and for the State ofiewa C Ckl~,~ C~, My Commission expires: ~"~.. ~ ~ o O ~ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-365 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT '1228 LOUISE STREET, IOWA CITY, IOWA. WHEREAS, on November 3, 2000, the owners executed a Mortgage with the City of Iowa City; and WHEREAS, the terms of the loan has been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1228 Louise Street, Iowa City, Iowa from a Mortgage, recorded November 8, 2000, Book 3017, Page 175 through Page 181 of the Johnson County Recorder's Office. Passed and approved this 15th day of November ,20 05 · MAYOR Approved by CITY'CLERK City Attorney's Office It was moved by Champion and seconded by BAiley the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion x Elliott x Lehman × O'Donnell × Vanderhoef × Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1228 Louise Street, Iowa City, Iowa, and legally described as follows: Lot nine (9), Block six (6), Towncrest Addition to Iowa City, Iowa, according to the plat thereof, recorded in Book 4, Page 323, plat records of Johnson County, Iowa. from an obligation of the owners, Julie M. Franzenberg and Jill J. Mordick, to the City of Iowa City represented by a Mortgage, recorded November 8, 2000, Book 3017, Page 175 through Page 181 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approve__d_d by CITY'CLERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this J~ day of ~Jau~ b~,, , A.D. 20 O.._~ , before me, the undersigned, a Notary Public in and for said County, in said State, personally appea~'ed Ernest W. Lehman and Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behaff of the. corporation by authority of its City Council, as contained in Resolution No.e~'~/,~ adopted by the City Council on the ! ~ day /~Od'.~VVl~. v,. 20 ~_¢.~ and that the said Ernest W. Lehman and Madan K. Karr as such officers acknowledged the execution of said instrument to be the voluntar~ act and deed of said corporation, I- it and by them voluntarily executed. i _,~ ~. ] SONDRAE FORT I~°'~,'~-I Commission Number 159791 I' ! '1 My Commisj;iortExpires ~ ~"~ I"~"1 Notary Public in and for Johnson County, Iowa ( Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY _ERK ATTEST TO THE RELEASE OF LIEN REGARDING A FOR PROPERTY LOCATED AT 1228 SPRUCE STREET, IOWA Cl IOWA. WHEREAS, 3, 2000, the owners executed a Mortgage wit City of Iowa City; and WHEREAS, the the loan has been satisfied; and WHEREAS, it is the City City's responsibility to release lien. NOW, THEREFORE, BE IT )LVED BY THE CITY COl OF THE CITY OF IOWA CITY, IOWA that the Ma' is authorized to sign ar City Clerk to attest the attached Release of Lien for :ion, whereby the C does release the property located at 1228 Louise Street, Iowa ~, Iowa from a ,rtgage, recorded November 8, 2000, Book 3017, Page 175 through e '181 of ohnson County Recorder's Office. Passed and approved this day ,20 )R ATTEST: CITY CLERK ~ Attorney's Office It was moved by and seconded bby~ the Resolution be adopted, upon roll call there were: AYE,~ NAYS: Bail'ety Char~ion Elliott ~ Lehman~, O'Donnel~ Vanderho~ Wilburn ~, Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-366 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST CO., IOWA CITY, IOWA FOR PROPERTY LOCATED 1713 WILSON STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages in the amount of $14,839, executed by the owners of the property on April 12, 2000 and recorded on April 16, 2001, in Book 3052, Page 604 through Page 610 and Book 3052, Page 611 through Page 615, in the Johnson County Recorder's Office covering the following described real estate: Lot 3, and beginning at the southwest corner of Lot 4, running in a northeasterly direction along the southeasterly line of said Lot 3 to the northwest corner of said Lot 4, thence in a southeasterly direction along the northeasterly line of said Lot 4 a distance of 14 feet, thence in a southwesterly direction parallel to the westerly line of said Lot 4 to the southwesterly line of said Lot 4, thence in a northwesterly direction to the point of beginning, all in Block 2, in Morningside Addition to Iowa City, Iowa according to the plat thereof. WHEREAS, Hills Bank and Trust Co. is refinancing a mortgage in the amount of $94,300 to the owners of 1713 Wilson Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, Hills Bank and Trust Co. has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust Co.; and WHEREAS, there is sufficient value in the above-described real estate to secure said lien as a second and third liens, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust Co., Iowa City, Iowa. Resolution No. 05-366 Page 2 Passed and approved this 1.Sth day of November ,20 05 MAYOR _Approved by ATTEST: ~~.~-~ /~' ~ ~>J~-~ ~I- CITY'~LERK City Attorney's Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott ~ Lehman × O'Donnell × Vanderhoef x Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills · Bank and Trust Co., Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of two Mortqaqes which at this time are in the amount of $14,839, and were executed by Ryan and Melissa Ann Eckhoff (herein the Owner), dated April 127 2000, recorded April 167 2001, in Book 3052, Page 604 thru Page 610~ and Book 3052, Page 611 thru Page 615 Johnson County Recorder's Office, covering the following described real property: Lot 3, and beginning at the southwest corner of Lot 4, running in a northeasterly direction along the southeasterly line of said Lot 3 to the northwest corner of said Lot 4, thence in a southeasterly direction along the northeasterly line of said Lot 4 a distance of 14 feet, thence in a southwesterly direction parallel to the westerly line of said Lot 4 to the southwesterly line of said Lot 4, thence in a northwesterly direction to the point of beginning, all in Block 2, in Morningside Addition to Iowa City, Iowa according to the plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $94,300 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortqaqes held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mort.~a~es held bY the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortqa_qes of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this. 15thday of November ,20 CITY OF IOWA CITY FINANCIAL INSTITUTION Mayor Attest: City C-~rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this (~ day of /~[~u~,,,~_,,. ,20 0.5, before me, the u.ndersigned, a Notary Public in and for the State of Iowa, personally appeared E-~.~$-I" ~. LP-~,~'~d~ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. O,~- ~,/~ passed (the Resolution adopted) by the City Council, under Roll Call No. ~ of the City Council on the t~, dayof ~,~o,4en-~J~.~ ,20 o~ ,and that E--eJ~.qT. 1,0. L~:~/v~,,J and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. J--,33a~,,. I SOND~ J~llJ~J Commission Number 159791 J I:J~B21 My Commi/ssio, nExpires I ~ I ,o"i~r-I 3//'7 ?? I Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT PAGE 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on /~J~J~/y/J~r' "~ , 2005 by /..~/11~ J~.~l~£ (name(s) of person(s)) as _~-~'i(~£/'' (type of authority, e.g, officer, trustee, etc.)of ~lll(:' ~:~ ~ '~d~' ~'?~/~ (name of party of behalf of whom instruments was executed). Notary Publilt3n and for the State of/~' My Commission expires: q~/[ Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- RESOLUTION NO. 05-367 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HOWARD R, GREEN REGARDING BEAM REINFORCEMENT AT THE IOWA CITY WATER TREATMENT PLANT. WHEREAS, on December 15, 1999, Iowa City entered into a contract with Knutson Construction Services, Inc. (Knutson) for the construction of the Iowa City Water Facilities Improvements; and WHEREAS, pursuant to a Consultant Agreement dated November 23, 1993, between H.R. Green and the City and amendments thereto, Howard R. Green Co. has been the City's consulting engineer in connection with the design and construction of the Iowa City Water Treatment Facilities, and as such prepared the plans and specifications for construction of the project; and WHEREAS, on January 18, 2005, Iowa City entered into a Rework Agreement with Knutson for replacement of pre-cast panels at the Iowa City Water Treatment Plant (hereinafter "panel replacement work"); and WHEREAS, during the progress of the panel replacement work Howard R. Green examined the roof beams installed and constructed in accordance with the plans and specifications for the project prepared by Howard R. Green and identified a need for additional beam reinforcement on the north side of the Water Treatment Plant and installation of a post-tension system (hereinafter "beam reinforcement work"); and WHEREAS, the parties agree that Howard R. Green is responsible for all costs associated with the beam reinforcement work and wish to memorialize their agreement prior to making arrangements for the completion of the beam reinforcement work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY coUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and the City Clerk are hereby authorized and directed to execute and attest in duplicate the Beam Reinforcement Agreement with Howard R. Green Co. attached hereto. Passed and approved this 1.Sth day of November , 20 05 · . ..,~pproved by ,, · - City Attorney's Office eleanor/res/waterplant-beam reinforcement.doc Resolution No. 05-367 Page 2 It was moved by Champion and seconded by Bailey 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 Wilbum Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 AGREEMENT REGARDING BEAM REINFORCEMENT AT THE IOWA CITY WATER TREATMENT PLANT The parties to this Agreement Re: Beam Reinforcement at the Iowa City Water Treatment Plant (Agreement) are the City of Iowa City, Iowa (Iowa City) and Howard R. Green Co. (Howard R. Green). WHEREAS, on December 15, 1999, Iowa City entered into a contract with Knutson Construction Services, Inc. (Knutson) for the construction of the Iowa City Water Facilities Improvements; and WHEREAS, pursuant to a Consultant Agreement dated November 23, 1993 between H.R. Green and the City and amendments thereto, Howard R. Green Co. has been the City's consulting engineer in connection with the design and construction of the Iowa City Water Treatment Facilities, and as such prepared the plans and specifications for construction of the project; and WHEREAS, on January 18, 2005, Iowa City entered into a Rework Agreement with Knutson for replacement of pre-cast panels at the Iowa City Water Treatment Plant (hereinafter "panel replacement work"); and WHEREAS, during the progress of the panel replacement work Howard R. Green examined the roof beams installed and constructed in accordance with the plans and specifications for the project prepared by Howard R. Green and identified a need for additional beam reinforcement on the north side of the Water Treatment Plant and installation of a post tension system (hereinafter "beam reinforcement work"); and WHEREAS, the parties agree that Howard R. Green is responsible for all costs associated with the beam reinforcement work and wish to memorialize their agreement prior to making arrangements for the completion of the beam reinforcement work. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. Howard R. Green has prepared the specifications for the beam reinforcement work, identified as Post Tensioning Beam Repair dated 9/15/05 and will make arrangements for the construction of the beam reinforcement work by Knutson. Iowa City will issue a Change Order for the work to Knutson in the form requested by Howard R. Green. The specifications for beam reinforcement work have been reviewed by Iowa City, and constitute a method of repair which is acceptable to Iowa City. 2. Howard R. Green shall provide the administration and observation for the beam reinforcement work at no cost to Iowa City. Howard R.' Green will arrange to have a representative of Iowa City present to observe the proper tensioning of the steel in the beam reinforcement. Iowa City will have the right to final inspection and acceptance of the repairs. 3. Howard R. Green shall be solely responsible for all costs of the beam reinforcement work. Howard R. Green shall reimburse Iowa City for all amounts paid by Iowa City to Knutson for work done pursuant to said Change Order. Reimbursement shall be made within 30 days of the date of written notification by Iowa City to Howard R. Green that a payment has been made by Iowa City to Knutson. Notice 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 to Howard R. Green Co., P.O. Box 9009, Cedar Rapids, IA 52409. 4. Howard R. Green agrees to indemnify, defend, and save the City and its officers, employees, 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 Iowa City as a result of the beam reinforcement work, inclUding, but not limited to, claims by Knutson for damages caused by alleged delays in completion of the pre-cast panel replacement work due to coordination, design, and implementation of the beam reinforcement work and the post tension system. Iowa City agrees to prOmptly notify Howard R. Green if Iowa City is made aware by Knutson of Knutson's intent to claim damages due to delays in the coordination, design and implementation of the beam reinforcement work and the post-tension system. 5. 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 this 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. 6. This Agreement may be amended or modified only by a written instrument executed by both Iowa City and Howard R. Green. 7. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Iowa. 8. This Agreement shall be binding upon, and inUre to the benefit of both parties and their respective permitted successors, assigns and other legal representatives. Neither this Agreement nor the rights arising hereunder shall be. assignable by either of the parties hereto to any third party without the prior written consent of the other party to this Agreement. 9. Nothing in this Agreement shall be deemed or construed as creating or granting any benefits or rights to third parties or as an admission of liability by either Iowa City or Howard R. Green. Furthermore, nothing in this Agreement shall be construed as a waiver of any of Iowa City's immunities or defenses under state or federal law. 2 10. The persons signing on behalf of each party represent and warrant that they have full authority to sign on behalf of that party. Dated this day of ,2005. CITY, S: IOWA CITY .~,pproved for Form and Content by: Ernest W. Lehman, Mayor Eleanor M. Dilkes, City Attorney ATTEST: Marian K. Karr, City Clerk HOWARD R. GREEN CO. BY: TITLE: DATE: Approved for Form and Content by: Max Kirk, Attorney for Howard R. Green Eleanor~agt~Beam Reinforcement.doc 11/14/2005 17:52 FAX 31Y 234 2237 BALL KIRK & HOLM, P.C. ~005/005 10. The persons signing on behalf of each party represent and warrant that they have full authority to sign on behalf of that party. Dated this. day of ,200§, CITY OF IOWA CITY Approved for Form and Content by~ Ernest W. Lehman, Mayor Eleanor M. Dilkes, City Attorney ATTEST: Maclan K. Karr, City Clerk HOWARD R. GREEN CO. DATE:. Approved for Form and Content by: Max Kirk, Attom rd R. Green Eleanoh, agfiBsam ReinfomemenLdoc 3 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356- RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY TO ATTEST AN AGREEMENT BETWEEN THE CITY OF CITY AND HOW~ARD R. GREEN REGARDING BEAM REINFORCEMENT THE IOWA CITY W~TER TREATMENT PLANT. WHEREAS, on DL~ember 15, 1999, Iowa City entered into a contract Knutson Construction Services, Inc. (Knuts'~) for the construction of the Iowa City Water Faci Improvements; and WHEREAS, pursuant Consultant Agreement dated November 2,~ 1993, between H.R. Green and the City and ,nts thereto, Howard R. Green Co. the City's consulting engineer in connection the design and construction of City Water Treatment Facilities, and as such the plans and specifications for ~truction of the project; and WHEREAS, on January 18, owa City entered into a Agreement with Knutson for replacement of pre-cast panels :he Iowa City Water :ment Plant (hereinafter "panel replacement work"); and WHEREAS, during the progress of the 91 replacemer )rk Howard R. Green examined the roof beams installed and constructed in the plans and specifications for the project prepared by Howard R. Green and for additional beam reinforcement on the north side of the Water Treatment Plant of a post-tension system (hereinafter "beam reinforcement work"); and WHEREAS, the parties agree that Howard R. responsible for all costs associated with the beam reinforcement work and wish to lize their agreement prior to making arrangements for the completion of the beam work. NOW, THEREFORE, BE IT RESOLVED THE CITY ~;~.UNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ~ . 1. The Mayor and the City Clerk a~ authorized anddir"bc~ted to execute and attest the Beam Reinforcement Agreem with Howard R. Green Co. atttached hereto. .\ Passed and approved this~ day of ,__ MAYOR A~,roved by~ ATTEST: CITY City Attorney's Office eleanodresNvaterplant-beam reinfo Prepared by: Stephen J. Atkins, City Mgr., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 05-368 RESOLUTION ESTABLISHING CITY OF IOWA CITY 2006 LEGISLATIVE PRIORITIES WHEREAS, the Iowa City City Council supports property tax reform initiatives that eliminate inequities in the current system; and WHEREAS, the Iowa City City Council seeks to encourage legislation that enhances economic development opportunity in Iowa City as well as the State of Iowa; and WHEREAS, the City of Iowa City and other cities play a critical role in the future of the State; and NOW, THEREFORE, BE IT RESOLVED that the Iowa City City Council hereby directs the Mayor to send the attached letter outlining our legislative proposals to the Iowa City area legislative delegation for the 2006 Iowa State legislative session. Passed and approved this 15th day of November ,20 05 Approved by ATTEST: ~¢¢~t~.z~/ ..,~. ~'~') ~ ClTC'6LERK City Attorney's Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey × Champion × Elliott x Lehman x O'Donnell x Vanderhoef × Wilburn Mgdres/taxreform.doc November 10, 2005 Dear Iowa City Area State Senator and/or Representative: The following represents the Iowa City City Council legislative priorities for 2006. These proposals and/or policies will hopefully assist you in the preparation of as well as supporting similar legislative issues during your 2006 session. These legislative proposals are as follows: 1. Values Fund, REAP, CAT Grants, Vision Iowa. A n'.,'mber of state sponsored programs need to be assured adequate financing in order that they may be effectively used by local governments to promote Iowa's economy. These monies directly affect the quality of life in our state and appropriate funding is critic~,l to the ro!e the cities are expected to play in economic development. 2. Maintain TIF. Cities have grown to rely or~ tax increment financing to promote development within their communities. TIF is commonly used to support economic and other tax based growth for Iowa and can serve as a local match for other federal and state assistance programs. We believe Iowa City has used TIF judiciousi;/. 3. Change the Road Use Tax Formula. The road u:~e tax distribution is in need of an evaluation to determine how best to use these limited dollars for promoting the highway and related infrastructure for our transportation system. With cities serving as the economic engine for the development activities within the state, ~.,~ adequate transportation system to support those activities is critical. 4. Hotel/Motel Tax. Allow cap to be raised from 7% tc 9% and designate any increase in funding be used for area cultural activities. 5. Uninsured Seeking Health Care. Develop a system by which hospitals and clinics track employment information from uninsured individuals wh~ seek heatth care from them (or employment information from a parent or guardian if the patient is a minor) and provide this information annually to the Iowa Department of Humar~ Services (DHS). Annually require DHS to submit a public report to the governor and legislature specifying employers identified by the uninsured patients. The report should not inc!ude the names of any patients and should comply with all federal and state privacy standards. mg,'/!trs/legispriorities.dac 1 6. Manufactured Housing. Manufactured housing on leased land should be taxed as any other single family dwelling; that is, based upon its taxable assessed value. 7. Rental Units. All rental units should be properly taxed as commercial property. Convenient conversion to condominiums, particularly when they are not owner-occupied, is a detriment to the overall tax base of a city. 8. Real Estate Transfer Tax. Redirect all or a portion of the real estate transfer tax to cities where the actual housing transaction is occurring. The assignment of these monies for specific housing policy and/or related projects for our lowest-income citizens should be considered. 9. Public Improvement Bid Threshold. Increasing the public bid threshold from $25,000 to $100,000 would simply be a proposal to make a more realistic assessment of actual bidding circumstances. Money for the projects of a certain scale can be managed well without a formal bid process. Those projects that cost less than $100,000 can be accomplished and still maintain satisfactory community oversight. 10. Preserve Home Rule. Uncouple farm land and urban property. Stabilize property value growth so, through the exercise of home rule, cities may decide local policy based on predictable annual general fund revenue growth. 11. Property Tax Credits. All property tax credits should be fully funded by the State. mgdltrs/legispriorities,doc 2 Date: November 9, 2005 To: City Council From: Eleanor M. Dilkes, City Attorne Re: Amendment of Wal-Mart Purchase Agreement to extend closing deadline As you will recall, Wal-Mart's obligation to proceed with the purchase of approximately 21.76 acres of North Airport Development property is contingent on a number of things, including the rezoning of the property from "Intensive Commercial Zone (C1-1)" to "Community Commercial Zone (CC-2)" to allow for retail business use, approval of a final plat reconfiguring the subdivision, and a special exception to allow for gas station and drive-through uses. The purchase agreement initially provided for closing on the transaction to occur within 10 days following the satisfaction of the contingencies, but no later than 270 days after the date of the purchase agreement (which was November 6, 2005). In October, because it did not appear the contingencies could be completed by November 6, Wal-Mart requested that the City extend the closing deadline to January 31, 2006. The Council granted that request. It now does not appear as if the contingencies in the purchase agreement will be completed by January 31, 2006. Wal-Mart, through their attorney, has requested an extension of the closing deadline to July 31, 2006. Such an extension requires public hearing and Council approval. If the January 31, 2006 deadline passes without extension of the closing deadline, the contract would be subject to cancellation. cc: Stephen J. Atkins, City Manager Dale Helling, Assistant City Manager Airport Commission Karin Franklin, Director, Planning & Community Development Steve Nasby, Coordinator, Community & Economic Development Susan Dulek, Assistant City Attorney Mitch Behr, Assistant City Attorney KUTAK ROCK LLP THE OMAHA BUILDING ATLANTA 1650 FARNAM STREET CH~CAOO DENVER OMAHA, NEBRASKA 68102-2186 DES MOINE$ FAYETTEVILLE 402-346-6000 ~ R VI N E KANSAS CITY FACSIMILE 402-346-1148 LITTLE ROCK LOS ANGELES www.kutakrock.com OKLAHOMA CITY PASADENA RICHMOND SCOTTSOALE WASHINGTON WICHITA MARGOT J. WICKMAN rnargot.wickman@kutakrock.com November 8, 2005 (4o2) 346-6000 VIA ELECTRONIC MAIL Mitch Behr, Esq. Assistant City Attorney 410 E. Washington Street Iowa City, IA 52240 Re: Purchase Agreement by and between City of Iowa City and Wal-Mart Real Estate Business Trust, as assignee of Price Properties, LLC Dear Mitch: Attached in connection with the above-referenced purchase agreement is a proposed Second Amendment to Purchase Agreement. Pursuant to this proposed Second Amendment, the outside date for Closing under the Purchase Agreement would be extended six months, to July 31, 2006. You will recall that pursuant to the First Amendment, the outside date for Closing was extended to January 31, 2006. We are submitting this proposed Second Amendment well in advance of the expiration of the extended closing date in consideration of the uncertainty of the schedule of regularly- scheduled City Council meetings created by the upcoming holidays. In addition, as you may be aware, the judge presiding over the claims by Gary Sanders and Richard Byers against the Iowa City Zoning Board of Adjustment protesting the special exception granted by the Zoning Board to Wal-Mart, recently granted the plaintiffs' motion for expanded discovery. In light of this recent ruling, it is clear that the litigation will not be resolved in a manner satisfactory to us prior to the extended closing date of January 31, 2006 and therefore the contingencies to closing set forth in the Purchase Agreement will not be satisfied prior to January 31,2006. 4815-7548~5184.1 KUTAK ROCK LLP Mitch Behr, Esq. November 8, 2005 Page 2 If you have any questions on this proposed Second Amendment, please do not hesitate to contact me. I look forward to hearing from you. Sincerely, Margot J. Wickman Attachment cc: Mr. Jason Price (via email, with attachment) 4815-7548-5 I84.1 Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-354 RESOLUTION OF INTENT TO AMEND A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-MART REAL ESTATE BUSINESS TRUST FOR APPROXIMATELY 2'1.76 ACRES OF PROPERTY LYING WITHIN LOTS '10 THROUGH '17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, THROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO, AND SETTING A PUBLIC HEARING FOR DECEMBER 13, 2005 WHEREAS, The North Airport Development Subdivision and North Airport Development Part Two Subdivision include commercial lots which have been marketed for sale to the general public; and WHEREAS, City has entered into a purchase agreement for the sale of approximately 21.76 acres of property lying within Lots 10 through 17 of North Airport Development Subdivision and Lots 2 through 4 of the North Airport Development Subdivision - Part Two to Wal-Mart Real Estate Business Trust; and WHEREAS, said purchase agreement, as previously amended, provides for closing to occur no later January 31, 2006, unless a later date is mutually agreed to in writing by the City and Wal- Mart; and WHEREAS, extension of the closing date provided for in the purchase agreement is necessary for completion of the contingencies, and Wal-Mart has requested that purchase agreement be amended such that the closing shall take place not later than July 31, 2006, in accordance with the SECOND AMENDMENT TO PURCHASE AGREEMENT attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby declare its intent to approve the attached SECOND AMENDMENT TO PURCHASE AGREEMENT between the City of Iowa City and Wal- Mart Real Estate Business Trust for the above-referenced property, and to dispose of said property in accordance with that agreement. 2. A public hearing on said proposed amendment should be and is hereby set for December 13, 2005, at 7:00 p.m. in Emma J. Harvat Hall of City Hall, 410 E. Washington Street, Iowa City, IA or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. The City Clerk is hereby directed to cause notice of public hearing to be published as provided by law. Passed and approved this 15th day of [~ovember ,20 05 · Approved by ATTEST:-')~~ CITY'CLERK City Attorney's Office Resolution No. 05-354 Page 2 It was moved by O'Donnell and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliott × Lehman × O'Donnell ;~ Vanderhoef X Wilburn IOWA - Iowa City Store 111721-02 Iowa City, Iowa Store Number 1721-02 SECOND AMENDMENT TO PURCHASE AGREEMENT Effective Date: ., 2005 THE CITY OF IOWA CITY, IOWA ("Seller") WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("Buyer") WHEREAS, Seller and Price Properties (,Price") entered into a Purchase Agreement (as amended, restated or otherwise modified, including the First Amendment (as defined below), the "Purchase Agreement") dated effective February 9, 2005, covering approximately 21.76 acres of property out of North Airport Development Subdivision and North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4 of North Airport Development Subdivision, located in the City of Iowa City, Johnson County, Iowa, as described and/or depicted on Exhibit A attached to the PurchaSe Agreement and incorporated herein by this reference for all purposes; and WHEREAS, the rights, title and interests of Price under the Purchase Agreement were assigned to Buyer pursuant to that certain Assignment of Purchase Agreement dated April 6, 2005; and WHEREAS, Seller and Buyer amended the Purchase Agreement pursuant to that certain First Amendment to Purchase Agreement (the "First Amendment") with an effective date on or about October 18, 2005, pursuant to which Seller and Buyer extended the outside date of Closing to January 31, 2005 unless otherwise mutually agreed to in writing by Seller and Buyer; and WHEREAS, Seller and Buyer have agreed to amend the Purchase Agreement as hereinafter set forth; NOW THEREFORE, for and in consideration of the mutual covenants of the parties as set forth in the Purchase Agreement and herein, and other good and valuable considerations, 'the receipt and sufficiency of which are hereby acknowledged by each of the parties, it is agreed by Seller and Buyer as follows: 1. Interpretatiom Definitions. This Second Amendment to Purchase Agreement (the "Second Amendment") shall be construed with and as a part of the Purchase Agreement. In the event of any conflict between the terms of this Second Amendment and the terms of the Purchase Agreement, the terms of this Second Amendment shall be deemed to supersede and control. All defined terms used in this Second Amendment shall have the respective definitions provided for such defined terms in the Purchase Agreement unless herein otherwise expressly provided. 24563099.1 14-Sep-05 10:36 04353467 1 4849-4711-5776.1 2. Closing Date. Section 16(a) of the Purchase Agreement is hereby amended to provide that the Closing of the transaction provided for in the Purchase Agreement shall take place at a place and time mutually agreed upon by the parties, but not later than July 31, 2006, unless mutually agreed to in writing by Seller and Buyer. 3. Counterparts. This Second Amendment may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute but one and the same instrument. Execution of this Second Amendment by Seller and Buyer may be evidenced by the facsimile or electronic transmission (e-mail) exchange of separately executed counterparts. 4. Affirmation. Except as herein amended, the Purchase Agreement is hereby ratified and affirmed in its entirety by the parties. IN WITNESS WHEREOF, the parties have executed this Second Amendment to be effective as of the day and year first above written. WITNESS OR ATTEST: SELLER: THE CITY OF IOWA CITY, IOWA (print name) By: Name: Title: Date: ., 2005 WITNESS OR ATTEST: BUYER: WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust (print name) By: Name: Michael E. Gardner Title: Assistant Vice President Date: ., 2005 24563099.1 14-Sep-05 10:36 04353467 2 4849-4711-5776.1 Prepared by: Mitchel T. Behr, Ass't City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-369 RESOLUTION AUTHORIZING CONVEYANCE OF 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. 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 without compensation; 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, following public hearing, it is found that 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 authorize conveyance of the City's interest in the above- described right-of-way to the University of Iowa without compensation. 2. The Mayor and City Clerk are hereby authorized to execute any and all documents necessary to complete said conveyance. Passed and approved this lSth day of November ,20 05 · Approved by (~ITY'U'"LERK ' '~,itY AttorncZy's Office Resolution No. 05-369 Page 2 It was moved by Wilburn and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-370 A RESOLUTION AUTHORIZING EXECUTION OF A PERMANENT UTILITY EASEMENT IN THE PENINSULA NEIGHBORHOOD 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 Peninsala Neighborhood Development Agreement, and the easement is consistent with the proposed development of the land as shown on the approved preliminary plat. WHEREAS, following public hearing said easement is found to be in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, the City Council does hereby authorize the Mayor and City Clerk to execute a permanent utility easement agreement with MidAmerican Energy Company, for 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, in a form and containing provisions approved by the City Attorney's Office, Director of Planning & Community Development and Director of Public Works. of Novt~b e r , Passed and approved this 15th day 2005. MAYOR CiTY'~tERK Approving_ /o lZ4~/~.5-- City Attorney's Office Resolution No. 05-370 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey × Champion x Elliott × Lehman X O'Donnell × Vanderhoef × Wilburn Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121 RESOLUTION NO. RESOLUTION REBIDDING THE PROJECT FOR THE CONSTRUCTION OF A DUPLEX HOME UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES PROGRAM LOCATED ON LONGFELLOW PLACE, DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, bids were received on October 6, 2005 and the bid exceeded Staff's estimate by more than 10 percent; and WHEREAS, the Department of Housing and Inspection Services recommends the Council rebid the project; and WHEREAS, notice of public hearing for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The plans, specifications, form of contract, and estimate of cost of the above-named project were approved by Resolution #05-301, September 6, 2005. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice of receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the City. 4. Bids for the above-name project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at City Hall, until 3:00 p.m. on the 12th day of December, 2005, or at a later date as determined by the Director of Housing and Inspection Services or designee, with notice of said later date to be published as required by law. Thereafter the bids will be opened by the Director of Housing and Inspection Services or designee and thereupon referred to the City Council of the City of Iowa City, Iowa for action upon said bids at its meeting of December 13, 2005, to be held in Emma J. Harvat Hall, City Hall, Iowa City, Iowa at 7:00 p.m., or if said meeting is cancelled, at the next meeting of the City Council thereafter posted by the City Clerk. Passed and approved this day of ,20 MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office hisadm/res/ADHOP10-05.doc Prepared by Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-371 RESOLUTION ESTABLISHING A YOUTH ADVISORY COMMISSION FOR THE CITY OF IOWA CITY, IOWA AND REPEALING RESOLUTION NO. 05-334. WHEREAS, the City Council of the City of Iowa City, Iowa deems it to be in the public interest that the City Council establish a Youth Advisory Commission for the City of Iowa City, Iowa to serve as an advisory body to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1. A Youth Advisory Commission is hereby established for the City of Iowa City. 2. The mission of the Youth Advisory Commission is to promote understanding and awareness of Iowa City among Iowa City youth, allow a select group of youth to help make decisions concerning them and their peers, enable youth members to utilize and expand on their leadership abilities, to serve as a mechanism for communication between youth and adults in Iowa City and create a bridge whereon youth and adults can develop partnerships. 3. The Youth Advisory Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall be residents of Iowa City. Four (4) members shall be ages 15 to 17 on the date of filing of the application. Three (3) members shall be ages 18 to 21 on the date of filing of the application. Said age requirements may be waived by the Council due to a lack of applicants. All members shall serve without compensation, except for reimbursable expenses. 4. The City Council shall appoint members to the Commission for staggered terms. All appointments shall be for two (2) year terms, except for the initial appointments which shall be as follows: a. Two (2) persons appointed to the age 15-17 seats for two (2) year terms. b. Two (2) persons appointed to the age 18-21 seats for two (2) year terms. c. Two (2) persons appointed to the age 15-17 seats for one (1) year terms. d. One (1) person appointed to the age 18-21 seats for a one (1) year term. 5. A parent or guardian must sign the application of a person applying for an age 15-17 seat on the Commission. 6. The Council shall choose one (1) council member to serve as the Council liaison to the Youth Advisory Commission and one (1) council member to serve as an alternate liaison. Said liaison shall interview persons applying to serve on the Commission and make a recommendation to Council. Said liaison shall attend the Commission's meetings. Resolution No. 05-371 Page 2 7. The City Clerk of the City of Iowa City, Iowa shall be authorized to take whatever administrative action is necessary to provide staff assistance and information necessary to aid the Commission in the performance of its duties. 8. The Commission shall adopt a set of By-Laws to be approved by the City Council which the Commission deems necessary and advisable for conducting the business of the Commission, subject to the ordinances of the City of Iowa City, and in accordance with the Iowa Open Meetings law. 9. Resolution No. 05-334 is hereby repealed. Passed and approved this ] 5th day of Nove~h~_r ,2005. ATTEST: ~~~ ~ ~ ~'l~proved CITY-CLERK City Attorney's Office It was moved by 1~ ] ~-y and seconded by W±lburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: × Bailey x Champion Elliot × Lehman x X O'Donnell x Vanderhoef x Wilburn Eleanor/res/YouthAdvComm II.doc Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 05-372 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDENDUM TO THE IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE HIGHWAY 6 IMPROVEMENT PROJECT - LAKESIDE DRIVE TO 420TM STREET, STPN-6-7(66)--2J-52. WHEREAS, the City of Iowa City, Iowa has approved a funding agreement with the Iowa Department of Transportation by Resolution 04-305. WHEREAS, the City of Iowa City, Iowa has negotiated an addendum to that agreement with the Iowa Department of Transportation, said addendum to the agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said addendum to the agreement with the Iowa Department of Transportation for the Highway 6 Improvement Project - Lakeside Drive to 420th Street, STPN-6-7(66)--2J-52. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the addendum to the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate. 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 15th dayof November ,20 o5 . Approved by CITg~LERK C~t~ Attorney's O"ffice pweng/res~hwy 6-1akeside to 420th.doc Resolution No. 05-372 Page 2 It was moved by w~ ] h,,~-,~ and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn STAFF ACTION NO: ADDENDUM TO COOPERATIVE AGREEMENT 2005-16-019 County Johnson City Iowa City Project No. STPN-6-7(66)--2J-52 Iowa DOT Addendum No. 2005-16-019A This Addendum, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the City of Iowa City, Iowa, hereafter designated the "CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and 306A; WITNESSETH; that WHEREAS, the DOT proposes to establish or improve an extension of Primary Road No. U.S. 6 within Johnson County, Iowa; and WHEREAS, the DOT and the CITY are willing to jointly participate in said project, in the manner hereinafter provided; and WHEREAS, this Addendum reflects the current concept of this project which is subject to modification by the DOT; and NOW, THEREFORE, IT IS AGREED as follows: 1. The CITY will design and the DOT will let and provide contract administration and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: U.S. 6 will be widened, within the CITY, from Lakeside Drive extending southeasterly to 420th Avenue. Special Provisions 2. The CITY and DOT have previously entered into Agreement No. 2005-16-019 for the above referenced project. The Agreement was signed by the CITY and DOT on November 2, 2004 and November 16, 2004, respectively. 3. Subsequent to the execution of Agreement 2005-16-019 (see Section 2 herein) the following items were added to the project. (1) Additional milling and resurfacing will be done on U.S. 6 near the east limits of the project from Station 326.28 to 329+75. The estimated cost for this work is $30,000 to be at DOT expense. (2) The CITY will provide appraisals for the right-of-way acquisitions at their own expense and the DOT will perform appraisal review services at no further cost to the CITY. (3) The CITY shall perform all right-of-way acquisitions for the project and the DOT will bear all costs for right-of-way acquisitions at an estimated cost of $60,000 (100% DOT). (4) At the CITY's request and at their expense, Moose Lodge Walk will be extended to Station 296+00. The estimated cost for this work is $15,000 (100% CITY). (5) At the CITY's request and at their expense, additional lane widening and signal improvements at the intersection of U.S. 6 and Industrial Park Road will be included. The estimated cost for this work is $152,000 (100% CITY). (6) At the CITY's request and at their expense, a traffic signal will be installed at the intersection of U.S. 6 and Heinz Road. The estimated cost for this work is $150,000 (100% CITY). 4. The CITY has received a $500,000 Traffic Safety Improvement Fund grant for the improvement of the Scott Boulevard/U.S. 6 intersection within the project limits. Said grant will be applied to eligible project costs as provided by the terms and conditions of the grant before applying the cost sharing provided for herein. (See Exhibit A for the estimated project costs). Miscellaneous Provisions 5. Previously executed Agreement 2005-16-019A (see Section 2 herein) will remain in effect except as amended herein. 2 6. It is the intent of both parties that no third party beneficiaries be created by this Addendum. 7. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Addendum as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Addendum cannot be fulfilled. 8. This Addendum may be executed in two counterparts, each of which so executed will be deemed to be an original. 9. This document, as well as the unaffected provisions of previously executed Agreement 2005-16-019 (see Section 2 herein) represents the entire Agreement between the CITY and DOT regarding this project. Any subsequent change or modification to the terms of this Addendum will be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2005-16-019A as of the date shown opposite its signature below. CITY OF IOWA CITY: Br.~~-' Title: Mayor Date Novembp.:T 11) .2005-, I, Marian K. Karr . certify that I am the Clerk of the CITY, and that . ErneRt w. T,ehm~n . who signed said Addendum for and on behalf of the CITY was duly authorized to execute the same on the l2!h. day of November .2002-, Signedk~A~./ #. .,y~ City Clerk of Iowa City, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: 'l2ichw.d- c. KOIII;; Date Richard Kautz District Engineer District 6. //- Z3 .2005'. 4 EXHIBIT A COST ESTIMATE Johnson County STPN-6-7(66)--2J-52 - Cost is in terms of $1000 Item State share City share Both Project $1,308 $704 $2,012 construction cost East end $30 ~ $30 IDOT only Terminus Industrial Park - $152 $152 Cityonly Road Moose Lodge - $15 $.15 City only Walk Extension ROW Cost $60 - $60 IDOT only Est. Heinz Road - $150 $150 Cityonly Sub-Total $1,398 $1021 $2,419 5% $70 $51 $121 contingency Total $1,468 $1072 $2,540 If the Safety Grant of $500,000 comes of the top of the shared cost we will have the following: Item State share City share Both Shared cost $1,308 $704 $2,012 5%Contingency $65 $35 $100 Subtotal $1,373 $739 $2,112 Subtotal share $1,048 $564 $1,612 after $500 safety funds Total IDOT share construction cost estimate will be 1,048+ 1.05(30+60) = $1,143 Total City share construction cost estimate will be 564 + 1.05(152+15+150) - $897 _ STAFF ACTION NO: DDENDUM TO C~)OPERATIVE AGREEMENT  2005-16-019 ~ County John: ~ City Io' ~ Project No. (66)--2J-52 ~ Iowa DOT  Addendum 2005-16-019A. T his Addendum, is entered into by and Department of Transportation, hereinafter designated the "DOT", and the City, Iowa, hereafter designated the "CITY" in accordance with 761 Iowa Administr 2ode Chapter 150 and Iowa Code sections 28E.12 and 306A; WITNESSETH; that WHEREAS, the DOT proposes c improve an extension of Primary Road No. U.S. 6 within Johnson County, Iowa; WHEREAS, the DOT CITY are willing )ate in said project, in the manner hereinafter provided; WHEREAS, this A reflects the current c ncept of this project which is subject to modification by the DOT NOW, IT IS AGREED as follows: 1. The CITY design and the DOT will let and prov: e contract administration and inspect c tstruction of the following described in accordance with the project plans DOT standard specifications: U.S. 6 will be widened, within the CITY, from Lake ide Drive extending southeasterly to 420th Avenue. l Special Provisions ~ 2. The CITY and DOT previously entered into Agreement No. ~005-16-019 for the above referenced prc ect. The Agreement was signed by the CITY] and DOT on November 2, 2004 a ~ November 16, 2004, respectively./ 3. Subsequent to the ex :ctt~on of Agreement 2005-16-019 (see Slction 2 herein) the following items were add, to the project. / (1) Additional milling ar~ resurfacing will be done on/g_J.S. 6 near the east limits of the project from Statiot~326.28 to 329+75. The es~mated cost for this work is $30,000 to be at DOT ex, se. / (2) The CITY will provide apprb{sals for the rig. h/f-o.f-way ac.quisitions at their own expense and the DOT will per~rm appraisa/l/review services at no further cost to tNeCITY. ~ ~ (3) The CITY shall perform all right-o'~wa,2(_ acquisitions for the project and the DOT will bear all costs for right-of-way a~isitions at an estimated cost of $60,000 (100% DOT). (4) At the CITY's request and at Moose Lodge Walk will be extended to Station 296+00. The estimate, cost for work is $15,000 (100% CITY). (5) At the CITY's request and at expense, a~ditional lane widening and signal improvements at the interse~ ~fU.S. 6 anti,Industrial Park Road will be included. Th7 estimated c/~t for this work is $1~,000 (100°/° CITY)' (6) At the CITY s request a~/fl at their expense, a trafft~ signal will be installed at the intersection of U.S. 6 a~d Heinz Road. The estimated cost for this work is $150'000 (100% CIT/~)' ~ 4. The CITY has received a $~00,000 Traffic Safety Improveme~ Fund grant for the improvement of the Scott ~3oulevard/U.S. 6 intersect!o, n.w, ith~in ~e project limits. Said grant will be applied to eli~gible project costs as provided by the t~rms and conditions of the grant before applyinl the cost sharing provided for herein. (Se~Exhibit A for the estimated project costs) Miscellaneous Provisions \, 5. Previously executed ~. greement 2005-16-019A (see Section 2 herein) will remain in effect except as amended herein. 6. It is the intent of both parti, no third party beneficiaries be Created by this / Addendum. / / 7. If any section, provision or part of this Addendum shall be fo to be invalid or unconstitutional, such shall not affect the validity Addendum as a whole or any section, provision, or >art thereof not found to be or unconstitutional, except to the extent that the ori tl intent of the Addendum )t be fulfilled. 8. This Addendum may be in two counterparts ich of which so executed will be deemed to be an original. 9. This document, as well as the provis ts of previously executed Agreement 2005-16-019 (see Section 2 represents entire Agreement between the CITY and DOT regarding this project, change or modification to the terms of this Addendum will be in the form amendment to this document. IN WITNESS WHEREOF, each ot parties hereto has :ed Addendum No. 2005-16-019A as of the date shown opposite its si below. CITY OF IOWA CITY: By: __ Date ,200 Title: Mayor I, certify that I am the Clerk of the CITY, and that , who sig~ said Addendum for and on behalf of the CITY was duly authorized to execute the same on __ day of ,200 Signed City Clerk of Iowa IOWA DEPARTMENT7 TRANSPORTATION: By:~ Date ,200 Richard Kautz ~ District Engineer~ District 6. ~ \, 4 EXHIBIT A COS .ES-TmA*F J~rlhnson County '~ ?TPN-6-7(66)--2J-52 / - Cost is in terms of $1000 / Item State shaCe City share Both Project $1,398 $704 $2,012 construction cost East end $30 $30 IDOT only Terminus Industrial Park ' - $152 $152 City only Road Moose Lodge /- $15/ $15 City only Walk Extension ROW Cost $ - $60 IDOT only Est. Heinz Road ~ /// $150 $150 City only Sub-Total $1,398 \ / $1021 $2,419 5% $70 ~,/ $51 $121 contingency Total $1,468 / \ $1072 $2,540 // / If the Safety Grant of $50~,000 come top of the shared cost we will have the following: /' Item /~tate share City sXt~.are Both Shared cost / $1,308 $78,4 $2,012 / $65 $35 $100 5%Contingency / Subtotal // $1,373 $739 %,,. $2,112 Subtotal share $1,048 $564 $1,612 after $500/ safety fu nc~s Total IDOT share construction cost estimate will be 1,048+ 1.05(30+60) = $1,143 Total City share construction cost estimate will be 564 + 1.05(152+15+150) = $897 Publish 10/24 ADVERTISEMENT FOR BIDS CITY OF IOWA CITY PARKING FIBER INTERCONNECT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 P.M. on the 8th day of November, 2005, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately there after by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 15th day of November, 2005, or at such later time and place as may be scheduled. The Project will involve the following: The Scope of this Project is to provide copper and optical fiber communications cable to interconnect the Dubuque Street Parking Ramp, The Capitol Street Parking Ramp and the Court Street Transportation Center into the City of Iowa City's existing communications infrastructure. The work includes underground boring, HDPE duct installation, steel conduit installation and fiber and copper coinmunications cable installation. Cable termination and splicing by others. All work is to be done in strict compliance with the plans and specifications prepared by Shive-Hattery, Inc. of Iowa City, Iowa, which has heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. A pre-bid conference will be held on November 1, 2005 at 10:00 AM. This conference will be held in the City Manager's Conference Room at the City of Iowa City Civic Center, 410 East Washington Street, Iowa City, IA. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or tmtil rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. AF-1 The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one year from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Anticipated Notice To Proceed Date: November 22, 2005 Construction End Date: December 23, 2005 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the office of Shive-Hattery, Inc., 2834 Northgate Drive, Iowa City, Iowa 52245 by bona fide bidders. It is requested that all sets be remmed to Shive- Hattery, Inc. in good and usable condition within 10 days after the receiving of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239-1422. Bidders shall list on the Form of Proposal the names of persons, fu-ms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Gary Cohn, ITS Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319)356-5430 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR CONSTRUCTION OF THE PARKING FIBER PROJECT. WHEREAS, of has submitted the lowest responsible bid of $ for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to , subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this day of ,20 MAYOR Approved by ATTEST: 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 pweng\RES\PARKING FIBER.DOC 9~99