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Home My WebLink About2005-12-13 Resolution fvV -l, ~ Prepared by: Marian K. Karr, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 05-375 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit.: Gabe's - 330 E. Washington Street Passed and approved this 11th day of December , 20 J2...... &. ~~ ~/ YOR Approved by ~ IzI~~/cr5 ATTEST: ~~i-2/.J rr' ~ CI ERK It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Champ; on the Resolution be AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn x x x x x x 1f -------_..__._--_._-----~_._--~-_."._-~_._-".__._,. ---,_._---~--~-- ----_._~-_._--~-"._--~_.-....._--_. ,,----_.-._.._-..- CHESTER J. CULVER LUCAS BUILDING, FIRST FLOOR' IOWA SECRETARY OF STATE DES MOINES, IOWA 50319 December 22, 2005 MARIAN K. KARR, CITY CLERK CITY OF IOWA CITY 410 E WASHINGTON ST IOWA CITY, IA 52240 RE: Filing of 28E Agreement between the CITY OF IOWA CITY and the JOHNSON COUNTY BOARD OF SUPERVISORS Dear MS KARR, CITY CLERK. We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of December 21, 2005. Sincerely, ~ ~ Chester J Culver Secretary of State ", 0 c::> = ~() en c::J :J>= fTl TI " rj _/ N - --jC; -.J r-- .:-< r-. jr"'] n--: ",. ~ I I ~; ~~__TJ ~- ~...J ~^ - - ..? .. j> .;:- .;:- CJC/pm Enclosures TEL (515) 2RI-5204 ]<',,(515) 2'12-595:J W\VW .sos.state .1(1. us sos(i;!sos.state.ia. us "ifOFSII"L;. . '1e(l) s\teR!1.1f<16~k . . f \lfi~tAiW 00 AM 'OS Sf' (~,-) f\\II'~!llCRE1 Mt'< \}Et 7.7. \U 05-376 DEcZ2 10 00 ~M '65 Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-376 RESOLUTION APPROVING AN ADDENDUM TO THE 28E AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2003 THROUGH JUNE 30, 2008. WHEREAS, on July 1, 2003 by Resolution No. 02-417 Iowa City entered into a 28E agreement with Johnson County for paratransit service filed with the Secretary of State on January 8, 2003 and with the Johnson County Recorder's Office on January 7,2003 at Book 3454, Page 194; and WHEREAS, Paragraph 3 of the section "Compensation and Duration" of the 28E agreement allows for the contract to be opened by either party if the price for fuel increases or decreases by more than $.50 per gallon from the rack price on the day the agreement was signed; and WHEREAS, the price of fuel has increased by more than $.50 per gallon, and Johnson County now wishes to reopen the contract. WHEREAS, it is in the best interests of both parties to share paratransit services for the mutual benefit of the citizens of Iowa City and Johnson County; and WHEREAS, the parties have negotiated an addendum to the original 28E Agreement that allows the imposition of a surcharge of $.05 per operating mile when the average fuel cost per operating mile exceeds $.40 per mile, with an additional $.05 per operating mile surcharge assessed for each additional $.10 per operating mile increase resulting from increased fuel costs. NOW, THEREFORE, IT IS AGREED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. The Mayor is authorized to sign and the City Clerk to attest in triplicate the addendum to the 28E agreement between Iowa City and Johnson County attached hereto. 2. In accordance with Chapter 28E of the Code of Iowa (2005) the City Clerk is authorized to file said addendum with the Secretary of the State of Iowa and County Recorder of Johnson County, Iowa. Passed and approved this 11th day of Decpmhp..r , 20..ll5..-. ~~/w ~L- MAYOR .zed by -J /' ATTEST: ~ /('. ~ /( ''J "'- (-- / .. -f- CITY ERK City Attorney's Office --,------. Resolution No. O<;-'l7h Page 2 It was moved by "on~o..-hnof and seconded by adopted, and upon roll call there were: AYES: X X X NAYS: x X X X EricIParking & TransiVadd to 2Be paratransit agl.doc ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn Chamoion the Resolution be --______~._______~___.__. _____."_".M.___~__.__.____,,__.."__,._..,.__..____.__.._...,____ _......._____..____~_._~_____~____.__,__._,,___._...___ Addendum to 28E Agreement for Para transit Service between the City of Iowa City and Johnson County for the period of July 1, 2003 through June 30, 2008 The City of Iowa City contracts with Johnson County for Paratransit Services in a contract extending from July 1, 2003 through June 30, 2008. Part #3 of the Contract, "Compensation and Duration", includes a provision for reopening the contract if the price of fuel increases or decreases by more than fifty cents per gallon from the rack price on the day the agreement was signed. The price of fuel has now risen by more than the fifty cents per gallon threshold. Because of the increase in the price of fuel, the parties agreed to reopen the contract regarding the amount of the payments made by Iowa City to Johnson County. The parties now agree to add the following provision to the contract: The City of Iowa City agrees to pay a five cent ($.05) fuel surcharge to Johnson County SEATS when the average fuel cost per operating mile exceeds forty cents ($.40) per mile for a one month period. The fuel surcharge shall be applied to the number of revenue miles of paratransit service Johnson County SEATS provides for the City of Iowa City. After the initial forty cents ($.40) per mile bench mark is met an additional five cent ($.05) charge shall be applied for each ten cent ($.10) increase in fuel cost per operating mile. Johnson County SEATS will bill the City of Iowa City for the previous month's additional fee after receiving the fuel bill and figuring the average cost per revenue mile. This payment is in addition to all other payments required by the contract. Any month the average fuel cost is forty cents ($.40) or less there is no additional charge for service. ' This provision will begin on /;<. <j- lJ-;- ,2005 and continue for the duration of the contract. All other provisions of the contract remain the same. BY:'?- /h'. ,cL _ By: ~rn~~~ ~ T~hm~n Emie Lehman Mayor, City of Iowa City Ijl} j)~,.... ,JJ(i.T'LVJ'.YY)4 Sally Stutsrilan' Chairperson, Johnson County Board of Supervisors Date: December 13. 2005 Date: 1";'/'1/ I) S- I Attested to by: 71t. R Mari~ Clerk, City of Iowa City Ir'~ .~ S4d~ in; ~ ~4X>..g (Tom Slockett) (Auditor) (Deputy Auditor) OM For the City of Iowa City For Johnson County CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 13 day of .lJE:CE:N\8€1Z.. , 2005, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Emest W. Lehman and Marian K. Karr, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and 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. t6-37~ passed (the Resolution adopted) by the City Council, under roll Call No. of the City Council on the /3 day of .D';'C.EM"-'HZ. , 2005, and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their vOiuntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~h'l- SONDRAE FORT o ~ Commission Number 159791 . . My Com Ission expires o ~M Notary Public in and for the State of Iowa JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this q-1L day ofhpc"....kr , 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Sally Stutsman and C~;'<.d /"':.diVawL-o , to me personally known, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and [Auditor] [Deputy Auditor], respectively, of Johnson County, Iowa; that the seal affixed hereto is the seal of said county; that this instrument was signed and sealed on behalf of said county by authority of its Board of Supervisors; and that the said Sally Stutsman and CAp-,J EL/w.:ue/(; as such officers acknowledged the execution of said instrument to be the voluntary act and deed of Johnson County by it and by them voluntarily execvted. ~ ; U-- Public in and for teState of Iowa Memorandum r:m1 December 7,2005 To: City Council From: Joe Fowler, Director Parking & Transit Reference: Amendment to 28E Agreement Iowa City's current contract with Johnson County for paratransit service allows for the contract to be reopened in the event fuel cost increase/decrease by fifty cents ($.50) or more per gallon. Recent events have driven the cost of fuel higher and as a result Johnson County has proposed this amendment. Due to the mix of vehicles in the SEATS fleet some vehicles operate on unleaded gas and others operate on diesel fuel. There is a large difference in price per gallon between unleaded and diesel. As a result it was agreed between the County and Iowa City Transit that a fair measure was fuel cost per revenue mile. In FY03 the average cost per mile was fourteen cents ($.14). In October of2005 the cost was thirty-five cents per mile ($.35) per mile. In the event fuel cost per revenue mile reaches the threshold of forty cents ($.40) per revenue mile the increased cost to the City would be seven hundred ($700) per month. Each additional increase would result in an additional seven hundred dollars ($700). o/L:L/) Addendum to 28E Agreement for Paratransit Service between the City of Iowa City and Johnson County for the period of July 1, 2003 through June 30, 2008 The City of Iowa City contracts with Johnson County for Paratransit Services in a contract extending from July 1, 2003 through June 30, 2008. Part #3 of the Contract, "Compensation and Duration", includes a provision for reopening the contract if the price of fuel increases or decreases by more than fifty cents r gallon from the rack price on the day the agreement was signed. \ more than the fifty cents per gallon thre old. Because of the parties agreed to reopen the cont act regarding the Iowa City to Johnson County. The p rties now agree to ntract: The price of fuel has now risen b the increase in the price of fuel amount of the payments made b add the following provision to the The City of Iowa City agrees to p a five cent ($.05) fuel surcha e to Johnson County SEATS when the average fuel cost r operating mile exceeds fort cents ($.40) per mile for a one month period. The fuel surcha ge shall be applied to the mber of revenue miles of paratransit service Johnson County S T8 provides for the Ci of Iowa City. After the initial forty cents ($.40) per mile bench mar is met an additional f e cent ($.05) charge shall be applied for each ten cent ($.10) incre e in fuel cost per perating mile. Johnson County SEATS will bill the City of Iowa City for t e previous mont ' additional fee after receiving the fuel bill and figuring the average cost p r revenue mil . This payment is in addition to all other payments required by the contract. Any month the average fuel cost is forty c service. This provision will begin on contract. All other provisions of the contract remai By: Ernie Lehman Mayor, City of Iowa City Date: Attested to by: / ! Marian Karr Clerk, City of Vowa City For the City of Iowa City or less there is no additional charge for 2005 and continue for the duration of the By: S lIy Stutsman C airperson, Johnson County Bo rd of Supervisors (Tom Sloeke (Auditor) (Deputy Auditor) For Johnson County On this day of 2005, before me, the undersigned, a Notary Public in and for the State of Iowa, persorally appear Ernest W. Lehman and Marian K. Karr, to me personally known, and who, being by me duly swor , did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, 10 a; that e seal affixed to the foregoing instrument is the corporate seal of the corporation, and th t the' strument was signed and sealed on behalf of the corporation, by authority of its City Council, as ntained in Resolution No. passed (the Resolution adopted) by the City Council, un roll Call No. of the City Council on the day of , 005, and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instru t to be their voluntary act and deed and the voluntary act and deed of the corporation, by it volu tar y executed. STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this day of , 2005, before me, he undersigned, a Notary Public in and for said County and State, ersonally appeared Sally Stuts an and , to me personally known, who being by me duly sworn, did say at they are the Chairperson of the Board of Supervisors and [ ditor] [Deputy Auditor], respectively of Johnson County, Iowa; that the seal affixed hereto is the s al of said county; that this instrument as signed and sealed on behalf of said county by authorit of its Board of Supervisors; and that the said Sally Stutsman and as such officers acknowledged t e execution of said instrument to be the voluntary act and deed of Johnson County by it and by them oluntarilyexecuted. Notary Public in and for the State of Iowa CKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) Notary Public in and for the State of Iowa (\t\ h'J I 4~(~) Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 05-377 RESOLUTION ACCEPTING THE WORK FOR THE HOLLYWOOD BLVD. SEWER REPAIR PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Hollywood Blvd. Sewer Repair Project, as included in a contract between the City of Iowa City and Tschiggfrie Excavating Co., Inc. of Dubuque, Iowa, dated August 2,2005, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $250,391.25. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 11th day of TIp..r.pmhpr ,20 0, d:;/L./. ;;;{2-M- YOR Approved by ATTEST: ~~A'~ R. ~..vJ CI LERK ~~~ City Attorn S Office IzJ~,r It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Champion the Resolution be AYES: NAYS: ABSENT: x x x Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn y x x x pweng\res\hollywoodswr.doc 11/05 M+~ r:'mJ Prepared by: Ron Gaines, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 05-378 RESOLUTION ACCEPTING THE WORK FOR THE CAMP CARDINAL ROAD SITE PREPARATION PROJECT, A1KJA THE CAMP CARDINAL ROAD PRELIMINARY CLEARING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Camp Cardinal Road Site Preparation Project, AlKlA, The Camp Cardinal Road Preliminary Clearing Project, as included in a contract between the City of Coralville, Iowa and Connolly Construction of Peosta, Iowa, be accepted; and WHEREAS, said project has been completed in accordance with the approved plans and specifications; and WHEREAS, the City of Coralville has accepted the project by Resolution 2005-173 on May 24, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this l1t"h day of npC".p..mhP..T ,20 0<; ~h~ ~L~ AYOR Approved by ATTEST:~~....~..,.,...J II. ~ CITY LERK Ci6t~~ I~r It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: Chamoion the Resolution be AYES: NAYS: ABSENT: J{ x X Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn X X X J{ PwengfresICCR-connolly.doc M.lg I::m:J Prepared by: Ron Knoche, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 05-379 RESOLUTION ACCEPTING THE WORK FOR THE 2005 PAVEMENT REPLACEMENT FOR WATER MAIN PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2005 Pavement Replacement for Water Main Project, as included in a contract between the City of Iowa City and Streb Construction Company, Inc. of Iowa City, Iowa, dated June 22nd, 2005, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $66,782.55. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 13th day of December ,20 05 &-/w *L___ AYOR - Approved by ATTEST: /J7E.I~-.-J k. fdvJ CITY LERK ~ 1~9ff1r CiW~J~~;,J6ffi;- It was moved by V.nnprhnpf and seconded by adopted, and upon roll call there were: r.h~mp; nn the Resolution be AYES: NAYS: ABSENT: x X Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn y x x x x pwengfreslO5pavemerrt-watennain.doc ~._-~---_.._. -_.._---,--_._-,.-.-_.._-_._..-_._--~_._._'-----~- - - -,.,-.,--.--.-----.----.-- .. r\rn1 r:n Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-380 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN IMPROVEMENTS FOR IDYLLWILD CONDOMINIUMS (BUILDINGS 19-26). 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 Idyllwild Condominiums (Buildings 19-26), as constructed by Bockenstedt Excavating, Inc. 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 11 I' h day of DpC'pmhpr , 20 0, L-/w d-- AYOR ATTEST:~~~ 1(. c/<i;~;) CI LERK Approved by /I(~z. ,~or City Attorney's Office It was moved by Vanderhoef and upon roll call there were: and seconded by Chamoion the Resolution be adopted, AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pwenglres'IdyllwiId19-26.doc -- -. -----.-.---.-.".----------..---------------.--.,....---'---'--'~._---,- "" --------- ..-_~_._..___.,_,__,.,...__,__._._..___"..._,,__,__.,_.._______'_n____._"._.___"_ _ _.__"....__......._...._.___ I ~ 1 ~~I~~tt ~"q~IIII'~ ----~ CITY OF IOWA CITY LJ r: ) 410 East Washington Street Iowa City. Iowa 52240- J 826 (319) 356.5000 (319) 356.5009 FAX www.icgov.org ENGINEER'S REPORT December 2, 2005 Honorable Mayor and City Council Iowa City, Iowa Re: Idyllwild Condominiums (Buildings 19-26) Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Idyllwild Condominiums (Buildings 19-26) 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, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~-...d1 ? J:::... ' Ronald R. Knoche, P.E. City Engineer pweng\letters\idyllwild 19-26.doc N\.j,.,., ) ~ Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 05-381 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN IMPROVEMENTS FOR LOT 2 OF WINDSOR RIDGE - PART TWENTY-ONE (BUILDINGS ADDRESSED 4810, 4812, 4814, 4816 E. COURT STREET; 4846, 4848, 4850,...4868 E. COURT STREET; AND 4902, 4904, 4906,...4924 E. COURT STREET). 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 Lot 2 of Windsor Ridge - Part Twenty-One (Buildings Addressed 4810, 4812, 4814. 4816 E. Court Street; 4846, 4848, 4850....4868 E. Court Street; and 4902. 4904. 4906... .4924 E. Court Street), as constructed by Bockenstedt Excavating. Inc. 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 11th day of December ,20 0<;. /'1/ ~ /A/, ~/ t;~R- - ATTEST: ~/--'A~ K. #uJ CITY CLERK Approved by p~e-r. IUr:!".>- City Attorney's Offic It was moved by Vanderhoef and upon roll call there were: and seconded by Champion the Resolution be adopted. AYES: NAYS: ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn x x x x x x x pwenglreslwindsorpt21-bocl<enstedldoc I ~ ! --= -u:, f~Tw!:'t ~~~JID'~ ......~ CITY OF IOWA CITY )1 ~ ~ ~ 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www,icgov.org ENGINEER'S REPORT December 2, 2005 Honorable Mayor and City Council Iowa City, Iowa Re: Lot 2 of Windsor Ridge - Part Twenty-One (Buildings Addressed 4810, 4812, 4814, 4816 E_ Court Street; 4846, 4848, 4850,...4868 E. Court Street; and 4902, 4904, 4906,...4924 E. Court Street) Dear Honorable Mayor and Council persons: I hereby certify that the construction of the sanitary sewer and water main public improvements for Lot 2 of Windsor Ridge - Part Twenty-One (Buildings Addressed 4810, 4812, 4814, 4816 E. Court Street; 4846, 4848, 4850,...4868 E. Court Street; and 4902, 4904, 4906,...4924 E. Court Street) 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, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~ ......te'E K..J- Ronald R. Knoche, P.E. City Engineer pweng\letterslwindsor21-bockenstedt.doc M~ I :;mJ Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 05-382 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 2103-2105 TAYLOR DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of Mortgages in the amount of $17,279, executed by the owner of the property on October 3,2005 and recorded on October 7,2005, in Book 3949, Page 541 through Page 545 and Book 3949, Page 546 through Page 551, in the Johnson County Recorder's Office covering the following described real estate: Lot one hundred forty-three (143) in Part Three Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 6, Plat Records of Johnson County, Iowa WHEREAS, Hills Bank and Trust Co. is refinancing a mortgage in the amount of $103,031.79 to the owner of 2103-2105 Taylor Drive 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 liens 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. Passed and approved this 13th day of December ,20~. ATTEST:~A/1I'...J {'. CIT ERK ~~~LJ, ~/..--- AYOR 'kavJ ApQl'oved by ~~ t~-~,o\ City Attorney's Office Resolution No. 05-382 Page 2- It was moved by Vanderhoef and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Champion Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn the SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust of Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of two MortQaQes which at this time is in the amount of $17.279, and where executed by Lavli SprinQer (herein the Owner), dated October 3. 2005, recorded October 7. 2005, in Book 3949, Page 541 through Page 545,and dated October 3. 2005, recorded October 7. 2005, in Book 3949, Page 546 through Page 551, Johnson County Recorder's Office, covering the following described real property: Lot one hundred forty-three (143) in Part Three Hollywood Manor Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, Page 6, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $103.031.79 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortaaaes 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 MortQaaes 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 Mortaaaes of the City. 12/05/2005. 11:02 3133565217 IC PLANNING/JCCOG 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. Dated this~ day of D~CAMt>J:12 ,20~. . CllY OF IOWA CllY FINANCIAL INSTITUTION BXd?~A/' oiL Mayor --- BYJ>-~ kW~ o Douglas K Walton Attest: ~f(~ City CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )55: JOHNSON COUNlY ) On this I~ day of J)G:,cE.M.Be2- , 20~, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared e"....e.s-r- w. ~.v 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 (OFEliR8Ree) (Resolution) No. 05-.3&1. passed (the Resolution adopted) by the City Council, under Roll Call No. . - of the City Council on the /3 day of .nt>CI!to.6t,(, , 20 05 . and that &AlES.- UJ. ~N\At: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. t SONDRAEFORT i " Commission Number 159791 . . My Comm'ssion Expires 3 ? Dr" ~M Notary Public in and for the State of Iowa 12/05/2005 11:02 3133555217 IC PLANNING/JCCOG PAGE 04/04 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on December 6th Doug' '''' K w", ton (name(s) of person(s)) as Real Estate Loan Officer f': authority, e,g, officer, trustee, etc.) or r'''Yli Spri nCH"r party of behalf of whom instruments wcjs executed) , ! i I I 2005 by {type of (name of N My Commission expires; MJ,9 ~ ~ Prepared by: Susan Dulek. Ass!. City Attorney. 410 E. Washington Street. Iowa City. IA 52240 (319) 356-5030 RESOLUTION NO. 05-383 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TWO-MONTH EXTENSION OF THE AGREEMENT WITH PUBLIC ACCESS TELEVISION, INC. WHEREAS, in Resolution No. 02-418, the City Council approved an agreement between the City of Iowa City and Public Access Television, Inc. ("PAN') for the provision of pUblic access and community programming on cable television; WHEREAS, said agreement terminates on December 31, 2005; WHEREAS, PATV has expressed interest in negotiating a new contract, but it is unlikely that the City and PA TV can conclude the negotiations prior to December 31, 2005; and WHEREAS, it is in the best interest of the City to extend the term by two months to February 28, 2006 to allow sufficient time to negotiate a new contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to the First Amendment to Agreement, a copy of which is attached. Passed and approved this 13th day of December , 2005. ~--~ W. a~ MAYOR ATTEST: ~u~~ k. ~ CITY CLERK Approved by ~~ \~'4-C>\ City Attorney's Office ___,_,_,~____~_,____'_'_____"~'___ __ ''____,.__.____________.___ __..__m__..___________~.__"__m_._. _ -.------.---.-..---....,-"..---..~----.----.--.-~-~-----..'''----..-.--.--.-.,,-..... ------- Resolution No. 05-383 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x X x Champion ABSENT: the Resolution be Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn " FIRST AMENDMENT TO AGREEMENT This First Amendment to Agreement between the City of Iowa City, a municipal corporation ("Iowa City"), and Public Access Television, Inc. ("PATV"), is being entered into in Iowa City, Iowa. WHEREAS, Iowa City and PATV entered into a contract entitled Agreement on December 16, 2002 for the provision of public access and community programming on cable television; and WHEREAS, said Agreement terminates on December 31,2005; WHEREAS, the parties intend to negotiate a new contract but do not anticipate that they will conclude the negotiations prior to December 3 I, 2005; and WHEREAS, the parties wish to amend said Agreement by extending the term to February 28, 2006 to allow them sufficient time to negotiate a new contract. IT IS THEREFORE AGREED that: . Subsection 14.A.I is amended by deleting it in its entirety and substituting in lieu thereof the following new Subsection 14.A.l: Subsection 14.A.l: City shall pay to P A TV annually on or about January 15 of the years 2003, 2004, and 2005 annual payment of $178,448.55, subject to a yearly escalator as provided in the franchise agreement between Iowa City and Mediacom and further subject to the provision of Subsection A.2 of this Section. Iowa City shall pay to PATV $16,570.82 in January 2006 aild $16,570.82 in February 2006. . Section 17 is amended by deleting it in its entirety and substituting in lieu thereof the following new Section 17: Section 17: This Agreement shall commence on January 1,2003 and end on February 28, 2006, unless terminated earlier, as provided in this Agreement. . All other terms and provisions of said Agreement remain in full force and effect. CESS TELEVISION, INC. / pi ,'2. 1"1 <>5 tive Director Date ," PATVACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) This instrument was acknowledged before me on hM I (Joshua W .GJ;~ame(s) ofperson(s)) as E 'tefhfi iJe.-o,reMoy authority, e.g, officer, trustee, etc.) of Public Access Television, Inc. . ti~"\AI.,\ z r . . JOW'" a}//-.Id)9~ Notary Public in and for the State of Iowa My Commission expires: THE CITY OF IOWA CITY By:rI2~/ tJ. ;;r:L- ~ Ernest Lehrnan, Mayor December 11. ?nn~ Date Attest:~ k'. ~ Marian. K. Karr, City Clerk December 1," 200, Date , 2005 by (type of , . CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I~ day of J)!;'CEMBFl2.. ,2005, before me, the undersigned, a notary public in and for the' State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City. Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~'N~ SONDRAEFORT j. i ~ Commission Number 159791 . . My Com sslon Expires ; 0 0 Approved by: ~~ \~- ~_o, City Attorney's Office .~...~ Notary Public in and for the State ofIowa M-k-, ';; ~ L!LJ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa CiIy, IA 52240; 319-356-5243 (SUB05-00028) RESOLUTION NO. 05-384 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINDSOR WEST SUBDIVISION, IOWA CITY, IOWA. WHEREAS, the developer, Arlington Development, Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Windsor West Subdivision; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Windsor West Subdivision, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. ~AJ day of De:::~;?L. ~ 40R Approved by ~~~.~ City Alto ey's Office Passed and approved this 1 ~rn ATTEST: ~/~/7A'...J 7f'. CITY LERK " /z-:.,.ID.> It was moved by n' "Mno 11 and seconded by adopted, and upon roll call there were: AYES: NAYS: Chamuion the Resolution be ABSENT: Bailey Champion Elliot Lehman O'Donnell Vanderhoef Wilburn x x X v y x x ppdadminlreS/prelim-resSUB05-00028.doc _ __~.. ...__..__.....__._.._n ..._._._._.__.______"_____'_._.~_"" _._----_.._----,...__...__._~_.~--,-_._._---~..,-----_.---.---... To: Planning & Zoning Commission Item: SUB05-00028 Windsor West GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: 6~ STAFF REPORT Prepared by: Sunil Terdalkar, Associate Planner Date: November 17, 2005 Arlington Development, Inc. 1486 S 1st Ave, Unit A, Iowa City, IA 52240 (319) 338-8058 Duane Musser MMS Consultants 1917 S Gilbert Street, Iowa City, IA 52240 (319) 338-8282 Subdivision Preliminary Plat Development of a 96-lot residential subdivision American Legion Road - to the west of Far Horizons Subdivision and south of Highland Woods Subdivision Approximately 51.9 acres Golf Course - pending approval for annexation and rezoning to RS-5 from County R. North: Residential and Park - RS-5 and P South: Undeveloped County Residential - R East: County Residential - R (Far Horizons) West: Undeveloped County Residential - R Currently part of Scott Township, within Iowa City growth boundary. District has not been assigned for the property as process of annexation is in progress September 15, 2005 November 17, 2005 Sanitary Sewer can be extended from neighboring Iowa City subdivisions on the north and east. 2 Public Services: The City will provide Police and Fire protection, and the refuse and recycling collection services. Transit route Eastside Loop serves this area with the nearest stop located approximately 0.2 miles east on Arlington Drive. BACKGROUND INFORMATION: The applicant, Arlington Development, Inc. is requesting approval for a 96-lot, single-family residential subdivision with one out-lot, on approximately 51.9 acres of land located north of American Legion Road, west of Far Horizons subdivision and south of Highland Woods subdivision. The City Council has recently approved the annexation application and State approval is pending. The Council is also considering the rezoning application for this land. The subdivision approval process is contingent on the approval for annexation and rezoning. ANALYSIS: Compliance with Comprehensive Plan and Compatibility with neighborhood: The property is located within the Southeast Planning District. Although there is little discussion about this property in the Comprehensive Plan, most of the surrounding area is indicated as appropriate for residential development with 2-8 dwelling units per acre. In staff's view, the subdivision design for a low density single family residential development is therefore compatible with the neighborhood. The proposed lot sizes meet the subdivision standards for minimum lot size of 8,000 square feet and minimum width of 60 feet. The proposed lot widths range from approximately 60 feet to 105 feet with areas ranging from approximately 11,053 square feet to 37, 653 square feet. Traffic implications Access and street design: The proposed subdivision will be accessible from American Legion Road on the south, Cumberland Lane on the north and Buckingham Lane on the east. American Legion Road is currently in the county jurisdiction. As growth occurs in this part of the city, American Legion Road will require upgrading to city standards. A right-of-way dedication for the road is required along the south boundary of the property. As a condition of rezoning the developer is also required to pay a proportional cost of the improvement of American Legion Road. Buckingham Lane, to be extended from Windsor Ridge Subdivision Part 11 on the east up to American Legion Road in the south, will serve as a collector street. Cumberland Lane will be extended from Highland Woods Subdivision on the north. The proposed subdivision will also be served by six new streets - Sherwood Drive, Kilburne Court, Lancaster Street, Newcastle Drive, Norwich Court, and Winnsboro Court. Sherwood Drive will be a loop street on Buckingham Lane, while both Kilburne Court and Norwich Court will be cul-de-sac streets. Sidewalks of standard width are shown on both sides of all the streets. One of the goals stated in the comprehensive plan is to create a community of neighborhoods with compact and efficient design. To achieve this goal it is essential that the neighborhoods have interconnected streets with adjacent undeveloped property. The applicant is proposing to extend Lancaster Street and Winnsboro Court to the west boundary of the property. By extending these streets to the west boundary better access and circulation for pedestrians as well as vehicular traffic, and an efficient subdivision design for a future development on the neighboring undeveloped property can be ensured to some extent. Lots 7 and 8 along American Legion Road are double fronting lots. Such lots are discouraged by the Comprehensive Plan and the subdivision regulations. If the lots can not be reconfigured to eliminate double frontage, the comprehensive plan states that dense landscape buffer or earthen ppdadmin\stfrep\subOS-Q0028 windsor west 3 berm should be provided rather than installing a privacy fence. The preliminary plat shows a landscape buffer on these lots to address this concern. The final plat and legal papers should specify that if any fences are installed, they should be installed to the north side of the landscape buffer. The landscape plan should specify tree species proposed by the applicant. Outlot A, covering approximately 8.96 acres, is set aside as private open space. The plat also indicates this area as an easement for storm water management basin for the subdivision. Environmentally Sensitive Areas: The Iowa City Sensitive Areas Inventory indicates that the property contains potential unwooded wetland. The applicant has submitted survey evaluation documents showing no such wetlands were found. The plat identifies a small portion of land as steep slopes. As this property is currently a golf course this area is a man-made topographical feature. Along with the plat the applicant has also submitted a Site Grading and Erosion Control Plan. Neighborhood parkland or fees in lieu of: Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to dedicate 1.22 acres of open space or pay fees in lieu of dedication. The Parks and Recreation Commission in its recent meeting strongly recommended in favor of dedication of land in the northeast section of the subdivision to create an access corridor between the proposed subdivision and Scott Park. The applicant has agreed to dedicate land to provide a 20-foot wide trail way connecting the proposed subdivision and the Scott Park. The dedication also includes some land from adjoining Highland Woods Subdivision, which is owned by the applicant. Fees are required for the remainder of the land dedication requirement. The final plat legal papers should address these issues. . Infrastructure fees: The applicant is required to pay sanitary sewer tap-on fees of $2,017.44 per acre and water main extension fees of $395.00 per acre. The applicant is also required to pay fees of $1 ,715.18 per acre for the improvement of American Legion Road. STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies noted below are resolved. Upon resolution of these items staff recommends that SUB05-00028, a preliminary plat and sensitive areas site plan for Windsor West Subdivision, a 96-lot residential subdivision, on approximately 51.9 acres of land, located north of American Legion Road Be Approved. DEFICIENCIES AND DISCREPANCIES: 1. Title change (Sensitive Areas Site Plan) 2. Label Outlot A as both private open space and storm water management basin or delineate and label the storm water detention basins separately 3. A detailed plan for the landscape buffer for double fronting lots 4. Technical corrections identified by the City Engineer ATTACHMENTS: 1. Location Map 2. Plan or plat Approved by: ~ Pt1.M- Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadmin\stfrep\sub05-0002Bwindsorwest .... o U) "C C ~ Z L 0 1-4 5 9 ~ t: 00 .:10 AlIJ ". ! v ". \:;;' II ~ ~g II J ~ ~\J/ p-- 1~1f I r- m 1.rJr1J; ~ j " I t\ ~J ~~ 6-----j \ -----1 r-- ~ -;;;,p Z I K ~ ~ <1l -IF! / J "q , ~ .. !L./') {l-8' 13 7.1 t ~~ ~ r---- ~ .s Q: Q 11::7 :>-Q ]I ~ " r--' '" !. r 7--:J;]r- -I ~~~~K.o;i'I- '!:~ -Ll,---- -7{'----..,t-- T\----W ill / - '- 7('--1 '---; ~ J \\ r-- r- .._I :>., \ ~ : '\ \ I ~-!;) z 6 \ ~ ;= I ._.' \ ~ \r--r t: \ ~ 1,1 \ I-- r '''''''''~~~~~~ ,\ -\ \ ~ "'--"'--,~ :* ~ ,""", "."-."" "" ~10" ~ ~) ~"",,",,\ ~"" ~."- ~~"'--'0~~i'\ ti: l:'-..'-' ~ "'~,,,- 0-.."'--"'--"'--~ 0 ~ -N '\ I~~ ~ ,,,,\~ ,,,"," """",--",-- -....: ~ ~ 8 ( ~~~~ ~~~\~ ~ U) ~ ~ ~""~~~ -... J i1 IS " ~ i u i5 il - a.~ ) 0 tJ UQ U) T I~II I \ ~ \ N Ii:'-\ ~~ i ~ft={ J0 \ "-~ a: ~t:1Y ~ . ~~lS I ~., ~II ~ < I llot!.:.::. b.~ 'f \. "--l I~ a. \;f _ 0 Iii.-- "\., I \!~\ \ I , " -r I \ <Xl (\J o o o . LO o m ::J en i 3: PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT WINDSOR WEST IOWA CITY, IOWA I'loif/PloUl.APl'llD'fID .,... Cit of 10... Clt + ........ ".... _=1. _'B-M.a~=-.. P11"_IRIIlHY' MWB CON8ULTAN'I'S INC. 1V17 SOUTH GILSER'I'sr. ~...., em.IO....A, 62~<4-0 ...... Jl'AIRVJ!l1f,INC 4670 ADlUCAN LDJIOK ROAD IOWA CITY, IOWA 6224\1 .~- ........, ",,".,'., /<' . .. ,'. ~""";'" ~~~::,- ' ~t: '" : ' ',"iI' ,.~ ... " "'lIdIlI"UMn"mll" mDSOBIIST D:>1'ACITY,101'A IAfS COHIJULTAJI'IB, INC. ':"'ClII'_ (J1')J&1-~: .0 ..W~:-'" ..---... ......-.. I -I .II~ 0: 4100 4H~182\41-lel.2I'.dw~ 1O(2e 00!i 4:iJc I. F'Iol CST PLAN STANOARD LEGEND AND NOTES :::~:~:~~: ! ---- ....- ~'!IIl'&- i I ~~-- -'.,~'u=_ ~>-~5..~ ~===~-= ---..- ---- CD ---- *' ---- :.-.:-_-=.::-.:-..:.-..:..-: ..-....,..-..---- ~,.~-.ri....~.,; ;;:;"o:;,;::~~ ~--- =--===--=--===-..:...- -.--...... =1_111= .......-....---- --- ~=-...-.... I F.GALIlF""'RIPTION ,.......~......."""O.....,tH_W...._I_""7.'_.....,._. _...~..~......(..,_""")_..<.......""~..."'fI". ,-. _'><.""'.""....."'......,.....,,.'="..01"'-'......."""..... lI".".,.,,..,".J"W..~...,_"',"'......TIo_,..,,.,,"'o-...,',.' _:........,..".'rlO.'''..,...,..../........'''...'-"''......,.,......, "'""",,.,,..,,OIl'rl,',n:..""'..,""""'Lo...,,,,,....,,..,.'.""M" &._.,..""'."..._..",.....,..."....~"..._,.j "'..'.....1100;... ~~~:.~C~;.:=,,:::::.:.J;:,~'::.'~~:'... poO,......,,""...""'._M1' ~ ... --_.~ ~ .- ','II'l!..- , ;/,// "', '-, ~ Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION APPROVING OF AN AMENDMEN TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CI AND WAL-MART REAL ESTATE BUSINESS TRUST FOR APPROXIM ELY 21.76 ACRES OF PROPERTY LYING WITHIN LOTS 10 THROU 17 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION AND LOTS 2, HROUGH 4 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION - P T TWO. WHEREAS, T North Airport Development Subdiv' Ion and North Airport Development Part Two Subdivision inclu commercial lots which have been arketed for sale to the general public; and WHEREAS, City has e ered into a purchase a eement for the sale of approximately 21.76 acres of property lying within Lots 1 hrough 17 of North irport Development Subdivision and Lots 2 through 4 of the North Airport Developmen ubdivision - P Two to Wal-Mart Real Estate Business Trust; and 1. The City Coun . hereby approves in form an substance, and the Mayor and City Clerk are hereby au orized to execute the attached COND AMENDMENT TO PURCHASE AGREEMEN between the City of Iowa City and I-Mart Real Estate Business Trust. E CITY COUNCIL OF THE CITY OF IOWA WHEREAS, said purchase agr ment, s previously amended, provides for closing to occur no later January 31, 2006, unless a ter ate is mutually agreed to in writing by the City and Wal- Mart; and WHEREAS, extension of the c10si amended such that the closin the SECOND AMENDMENT NOW, THEREFORE, BE CITY, IOWA, THAT: MAYOR ,20_. day of Approved by I4k~-r: ,z./r!rt>- City Attorn~ 2. Closin!! 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 execute in multiple counterparts, each of which shall be deemed to be an original, but all of whic , together, shall constitute but one and the same instrument. Execution of this Second Amen ent by Seller and Buyer may be evidenced by the facsimile or electronic transmission e-mail) exchange of separately executed counterparts. 4. Affirmation. Exce t as herein amended, the p4ase Agreement is hereby ratified and affirmed in its entirety b the parties. / IN WITNESS WHEREOF, t e parties have e~ted this Second Amendment to be effective as of the day and year first abo written. WITNESS OR ATT (print name) WITNESS OR ATTEST: Date: ,2005 BUYER: / I ( I ,. / / ( " i / ( (print name) WAL-MART AL ESTATE BUSINESS TRUST, a Dela are statutory trust By: Name: Title: Michael E. ardner Assistant Vic President ! / ! i Date: \ \ \ ,2005 / " 24563099.\ \4-Sep-Q5 \0:36 04353467 4849-4711-5776.\ 2 2. Closin2 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 execute in multiple counterparts, each of which shall be deemed to be an original, but all of whic , together, shall constitute but one and the same instrument. Execution of this Second Amen ent by Seller and Buyer may be evidenced by the facsimile or electronic transmission e-mail) exchange of separately executed counterparts. 4. Affirmation. Exce t as herein amended, the ~ase Agreement is hereby ratified and affirmed in its entirety b the parties. / IN WITNESS WHEREOF, t e parties have ex~~ed this Second Amendment to be effective as of the day and year first abo written. / I (print name) WITNESS OR ATTEST: Date: ,2005 WITNESS OR A TT / / ! , f / ,- I I BUYER: (print name) WAL-MART AL ESTATE BUSINESS TRUST, a Dela are statutory trust ! / By: Name: Title: ! , Michael E. ardner Assistant Vic President \ \ \ ,2005 Date: I , / c 24563099.1 14-Sep-05 10:36 04353467 4849-4711-5776.1 2 (C(Q)f)f 7 Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESO UTION APPROVING OF AN AMENDMENT TO A PURCHASE ENT BETWEEN THE CITY OF IOWA CITY AND WA MART REAL BUSINESS TRUST FOR APPROXIMATELY 21.7 ACRES OF LYING WITHIN LOTS 10 THROUGH 17 OF N RTH AIRPORT DEVELOP NT SUBDIVISION AND LOTS 2, THROUGH 4 F THE NORTH AIRPORT DE LOPMENT SUBDIVISION - PART TWO. WHEREAS, The North A ort Development Subdivision and North Irport Development Part Two Subdivision include commerci lots which have been marketed for sale the general public; and WHEREAS, City has entered int a purchase agreement for the s Ie of approximately 21.76 acres of property lying within Lots 10 through 7 of North Airport Developme Subdivision and Lots 2 through 4 of the North Airport Development Subdivi . n - Part Two to Wal-Mart eal Estate Business Trust; and WHEREAS, said purchase agreement, s previously ame ed, provides for closing to occur no later January 31,2006, unless a later d is mutually a eed to in writing by the City and Wal- Mart; and WHEREAS, extension of the closing date provi ed for i the purchase agreement is necessary for completion of the contingencies, and Wal-Ma ha requested that purchase agreement be amended such that the closing shall take place n ater than July 31, 2006, in accordance with the SECOND AMENDMENT TO PURCHASE AGR MENT attached hereto. 1. NOW, THEREFORE, BE IT RESOLVED BY T E C CITY, IOWA, THAT: The City Council hereby approves in are hereby authorized to execute, th AGREEMENT between the City of I COUNCIL OF THE CITY OF IOWA rm and subs nee, and the Mayor and City Clerk attached SECO D AMENDMENT TO PURCHASE a City and Wal-M Real Estate Business Trust. Passed and approved this MAYOR ATTEST: CITY CLERK ,20 . II 1"'1/e,;~ IOWA - Iowa City Store #1721-02 Iowa City, Iowa Store Number 1721-02 SECOND AMENDMENT TO PURCHASE AGREEMENT Effective Date: ,2005 THE CITY OF IOWA W AL-MART REAL EST E BUSINESS TRUST, a Dela are statutory trust ("Buyer") WHEREAS, Seller and rice Properties ("Price") ent red into a Purchase Agreement (as amended, restated or otherwise m dified, including the First Amendment (as defined below), the "Purchase Agreement") dated effe ive February 9,2005, c vering approximately 21.76 acres of property out of North Airport D elopment Subdivisi n and North Airport Development Subdivision Part Two, a Resubdivisi of Lots 1-4 of N rth Airport Development Subdivision, located in the City of Iowa City, Johns County, Iowa, as described and/or depicted on Exhibit A attached to the Purchase Agreement a incorporate herein by this reference for all purposes; and Price under the Purchase Agreement were ent of Purchase Agreement dated April 6, WHEREAS, the rights, title and int ests 0 assigned to Buyer pursuant to that certain I\. sig 2005; and WHEREAS, Seller and Buyer amende t e Purchase Agreement pursuant to that certain First Amendment to Purchase Agreement (th "Fi t Amendment") with an effective date on or about October 18, 2005, pursuant to which Slier an Buyer extended the outside date of Closing to January 31, 2005 unless otherwise mutu yagree to in writing by Seller and Buyer; and WHEREAS, Seller and Buyer ave agreed 0 amend the Purchase Agreement as hereinafter set forth;' NOW THEREFORE, for and' consideration of ~e mutual covenants of the parties as set forth in the Purchase Agreement d herein, and other g~od and valuable considerations, the receipt and sufficiency of which are ereby acknowledged b~ each of the parties, it is agreed by Seller and Buyer as follows: \ \ I. Inter retation" finitions. This Second Ame\dment to Purchase Agreement (the "Second Amendment") sha be construed with and as a part '~f the Purchase Agreement. In the event of any conflict betw. en the terms of this Second Am~dment and the terms of the Purchase Agreement, the te s of this Second Amendment shall "e deemed to supersede and control. All defined terms u ed in this Second Amendment shall have the respective definitions , provided for such defined rms in the Purchase Agreement unless'.~h. erein otherwise expressly provided. 0 0, 24563099,1 14-Sep.o5 10:36 04353467 4849.4711-5776.1 I 2. Closinl! 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. Affir tion. Except as herein amended, the P chase Agreement is hereby ratified and affirmed in I entirety by the parties. (print name) OF, the parties have executed his Second Amendment to be Irst above written. IN WITNESS WH effective as of the day and ye WITNESS OR ATTEST: SELLER: FIOWA CITY, IOWA ,2005 WITNESS OR ATTEST: (print name) WAL-MART R AL ESTATE BUSINESS TRUST, a Delawa e statutory trust By: Name: Title: Michael E. Gar er Assistant Vice Pr ident Date: 24563099.1 14-Sep-05 10:36 04353467 4849-4711-5776.1 2 IOWA - Iowa City Store #1721-02 Iowa City, Iowa Store Number 1721-02 SECOND AMENDMENT TO PURCHASE AGREEMENT Effective Date: ,2005 THE CITY OF IOWA CITY, IOWA ("Seller") WAL-MART REA ESTATE BUSINESS TRUST, a D laware statutory trust ("Buyer") and Price Properties ("Price" entered into a Purchase Agreement (as amended, restated or othe ise modified, including the irst Amendment (as defined below), the "Purchase Agreement") date effective February 9, 20 5, covering approximately 21.76 acres of property out of North Airpo Development Subd' ision and North Airport Development Subdivision Part Two, a Resubdl ision of Lots 1-4 0 North Airport Development Subdivision, located in the City of Iowa City, Jo son County, 10 a, as described and/or depicted on Exhibit A attached to the Purchase Agreeme and incorpora ed herein by this reference for all purposes; and WHEREAS, the rights, title and 1 terests assigned to Buyer pursuant to that certain ssi 2005; and f Price under the Purchase Agreement were ent of Purchase Agreement dated April 6, WHEREAS, Seller and Buyer amende he Purchase Agreement pursuant to that certain First Amendment to Purchase Agreement (the" 'rst Amendment") with an effective date on or about October 18, 2005, pursuant to which S ler a d Buyer extended the outside date of Closing to January 31, 2005 unless otherwise mutua yagree to in writing by Seller and Buyer; and WHEREAS, Seller and Buyer ave agreed to amend the Purchase Agreement as hereinafter set forth; NOW THEREFORE, for and n consideration of e mutual covenants of the parties as set forth in the Purchase Agreemen and herein, and other g od and valuable considerations, the receipt and sufficiency of which hereby acknowledged b each of the parties, it is agreed by Seller and Buyer as follows: I, Definitions. This Second Arne dment to Purchase Agreement (the "Second Amendment") all be construed with and as a part the Purchase Agreement. In the event of any conflict etween the terms of this Second Arne ment and the terms of the Purchase Agreement, the terms of this Second Amendment shall b deemed to supersede and control. All defined terms used in this Second Amendment shall have e respective definitions provided for such defined terms in the Purchase Agreement unless herein otherwise expressly provided. 24563099.1 14-Sep-05 10:36 04353467 4849-4711-5776.1 I 2. Closin2 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 exec\\ted 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 yearf1:rst above written. / WITNESS OR ATTEST:' SELLER: / ""\ TUE CITY otWA CITY, IOWA (print name) "\ ' \ \ By: \ Name' , 2005 WITNESS OR ATTEST: BUYER: WAL-MART REAL E ATE BUSINESS TRUST, a Delaware statut trust By: Name: Title: Michael E. Gardner Assistant Vice President Date: ,2005 24563099.1 14-Sep-05 10:36 04353467 4849-4711-5776.1 2 Clear Day Page I of I Marian Karr From: Briggs, Michael [michael-briggs@uiowa.edu] Sent: Thursday, November 17, 2005 3:10 PM To: council@iowa-city.org Subject: Wai-Mart I just finished reading an editorial in the Daily Iowan from which I will quote, "The suit provides further testimony to the fact that Wal-Mart is not we/come in the community of Iowa City. Iowa City residents have repeatedly voiced their disapproval of a Supercenter moving in next door". I am sick and tired of hearing and reading that the Council's decision "is bitterly contested by the community..". The Council's decision is applauded by me! Having a Wal-Mart in Iowa City would mean I wouldn't have to drive to Coralville to visit the Supercenter. If citizens are opposed to Wa/-Mart, then don't shop there! But, don't deny me the opportunity to shop at a Wal-Mart Supercenter. If the citizens of Stop Wal-Mart have their way in denying me my freedom of choice what's next? Michael Briggs 2832 Brookside Drive Iowa City, IA 52245 Notice: This e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, is confidential and may be iegally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. *** eSafe scanned this ernail for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** *** 11/1712005 Marian Karr From: Sent: To: Subject: Brad Mowrey [bam@tvbaby.com] Wednesday, November 16, 2005 6:29 PM cou ncil@iowa-city.org Re: Wal-Mart extension To the Honorable Members of the City Council of Iowa City, I do not support the extension of the purchase agreement between the city of Iowa City and Wal-Mart. Nor do I support the zoning changes the city has already approved and that are the source of litigation. I ask the Council deny the extension and reverse the zoning change approval. Wal-Mart has many problems, but as a taxpayer I'm primarily concerned with their well documented low wages and poor benefits. They drive down wages in the community and steal jobs from other retailers who provide decent benefits. Then those very same Wal-Mart workers turn to city, state and federal taxpayer supported programs for health care and other benefits. This is well documented. From an article in The Nation magazine (link below) : "... tax subsidies Wal-Mart has received for building new stores, which Good Jobs First places at more than $1 billion, an estimate that does not include the many other ways taxpayers subsidize Wal-Mart stores, for instance, through numerous forms of public assistance--Medicaid, Food Stamps, public housing--that often allow workers to subsist on Wal-Mart's low wages. A report by the House Education and Workforce Committee conservatively places the latter at $420,750 per store; the Wal-Mart Foundation's per- store charitable giving is just 11 percent of that amount 1$47,222).ff Wal-Mart's other actions also do not endear them to the citizenry. They are notoriously anti-union. They employ undocumented workers under illegal and deplorable conditions. They cheat people on their time cards. They discriminate against their female employees. While there is some disagreement on these issues, and many are currently in the courts, I fail to see how Iowa City's Council can justify changing zoning laws and extending purchase agreements with such a terrible corporate citizen. Please do the right thing and reject both the extension and reverse the zoning changes. Thank you for your consideration. Brad Mowrey 917 Dearborn St. Iowa City, IA 52240 On the Wal-Mart Money Trail by LIZA FEATHERSTONE [from the November 21, 2005 issue] http://www.thenation.com/docprint.rnhtrnl?i=20051121&s=featherstone Wal-Mart's Tax on Us By Greg LeRoy, AlterNet. Posted November 6, 2005. http://www.alternet.org/walmart/27864 Wal-Mart's 'China Price' By Joshua Holland, AlterNet. Posted November 7, 2005. http://www.alternet.org/walmart/27829 1 M~ 7 Prepared by: Mitchel T. Behr, Ass!. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. O5-385 RESOLUTION APPROVING OF AN AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WAL-MART REAL ESTATE BUSINESS TRUST FOR 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. 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 hereby approves in form and substance, and the Mayor and City Clerk are hereby authorized to execute four (4) of the attached SECOND AMENDMENT TO PURCHASE AGREEMENTS between the City of Iowa City and Wal-Mart Real Estate Business Trust. Passed and approved this ] 1th day of December , 20--D,L. ATTEST:.~A~ ;;4< ~-<.J CI ERK ~_/w. 4/-- AYOR Approved by Il:~~ JC"ity Attorney Office IZ.-II:l... /"> Resolution No. 05 1R<; Page 7 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: x X y y x X x ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn IOWA - Iowa City Store #1721-02 Iowa City, Iowa Store Number 1721-02 SECOND AMENDMENT TO PURCHASE AGREEMENT Effective Date: npt"pmhpr 1':l ,2005 THE CITY OF lOW A CITY, lOW A ("Seller") W AL-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 TIIEREFORE, 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: I. Interpretation: 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 4849-4711-5776.1 I ---.._'-"'.._-----_._-_..._-----~---~_.,_.._---_.__.- -. .---------------------- ". .-..---______~___w_..______.______,___.__._~____.__~_....._.._ 2. Closine 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 ofthe day and year first above written. WITNESS OR ATTEST: SELLER: flrt~~';<. of(/L~ M;ori;on K K;orr (print name) THE CITY OF IOWA CITY, IOWA By:u<!JW. ~d,- Name: Rrnest \oJ. l,p..hman Title: Mavor Date: np..cp.mhpr 1 ':\ ,2005 WITNESS OR ATTEST: r~~~ BUYER: WAL-MART REAL ESTATE BUSINESS TRUST, a Delaw . e ry tru Michael ner Assistant Vice President By: Name: Title: Date: Nov 7.,~ ,2005 24563099.1 14-S0J>-05 10:36 04353467 4849-4711-5776.1 2 ~fu~~o\l,e~~ onlY~ ~~~-!{:'~~~~Os- ~ - ------~.__.~_._._._.._..-.._._--,~-_._"-,._~------_..",--'--.-,------ --.-.--.-..----.-.., . '-_._-----_.,----"....__.~-_..._-._--_..~._- .- --~----- ~ ~ Prepared by: Ron Knoche, Public Works. 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 05-386 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET/SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYAMORE STREET PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount' of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 11th day of January, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, 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, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 1 'lth day of December ,20 05 4~<4'/ IA/. /d-- MAYOR ATTEST: 1ht2.<~~';; J(. iduJ CITYCLERK Pwenglreslnapoleon-sycamore _app&s.doc I z..L$"/~ r Resolution No. 05-386 Page ? It was moved by Wilburn and seconded by adopted, and upon roll call there were: AYES: NAYS: x x v J{ J{ x x ABSENT: r.h~mp;nn the Resolution be Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn MJJ ~ Prepared by: Sarah Okerlund, Public Worlks, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO, 05-387 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION - WILLOW CREEK TO OLD HIGHWAY 218 PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, fonn of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 10:30 a.m. on the 11th day of January, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, 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, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 11Th day of TI,:>,..t:>mht:loT ,20 no; ATTEST: ~ K- CITY LERK ka-uJ ~~~Id $L_ AYOR Approved by 11frF;t:-~ Jd r/pS- tity ~e;'; office Pvtrenglreslmoonontrekextappp&s.doc 12105 Resolution No. n"-~R7 Page ? It was moved by n'Donnell and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Bailey the Resolution be Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum ~ 10 Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-388 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LEASE AGREEMENT FOR THE LEASE OF APPROXIMATELY 5,000 SQUARE FEET OF COMMERCIAL SPACE LOCATED WITHIN THE IOWA CITY PUBLIC LIBRARY BUILDING. WHEREAS, the Iowa City Public Library Building contains commercial space being marketed for lease for commercial use; and 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 offive (5) years with renewable options; and WHEREAS, it is in the public interest to enter into said lease for the commercial space as provided therein. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, lOW A, THAT: I. The lease and lease agreement attached hereto and made a part hereof is approved as to form and content. 2 The Mayor and the City Clerk be, and they are hereby authorized and directed to respectively execute and attest the lease agreement attached hereto. 3 The City Manager is hereby authorized to execute any subsequent renewal options, as provided in the attached Lease. Passed and approved this ~day of December, 2005. ~~_/ /d. -/d_ MAYOR . ATTEST: ~...~-.J K ~ CIT LERK A~ved by: .",,/ ( 1;:'0~ City Attorney's Office Legal/EriclLibrarylPrimus TelecommunicationsIPrimus Resolution - _...._--".._,----"-_...,-,----_._-~----~-----".__......._.~_..,,"-_._._-~._.,,--_._-_._.._----_. --~---,_._--_.._.~-----------~---'_.__.._---_." Resolution No. 0';-388 Page 2 It was moved by Bailey and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: x x x x y x x ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilbum ----_.,...,-_.._.-~-_.-...~_._-"-_...__._-._..~._'_...-----_.~-"._._.._-_.- LEASE BETWEEN THE CITY OF IOWA CITY AND PRIMUS TELECOMMUNICATIONS. INC. This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Primus Telecommunications, Inc. ("Tenant") in Iowa City, Iowa. RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library, and has the authority to lease said premises. B. Primus Telecommunications, Inc. is a telecommunications company, which intends to operate a Retail Service Center. C. The parties desire to enter into a lease for space in the Iowa City Public Library, located at 130 S. Dubuque St., Iowa City, IA. In consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective as of December 14, 2005. 2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term the real property comprising approximately 5,000 square feet of floor space located in the Iowa City Public Library, 130 S. Dubuque Street, Iowa City, Iowa, on the lower level of the Iowa City Public Library more particularly described in the site plan on Exhibit "A" (the "Premises") attached hereto and incorporated herein, together with the continuous and uninterrupted right of access to and from the Premises. . 3. TERM. The term of this Lease ("Term") shall be five (5) years, commencing on December 14, 2005, unless sooner terminated pursuant to any provision hereof. Ootion to Renew. With the exception of Section 5 entitled "rent," Tenant shall have the option to renew this Lease upon the same terms and conditions contained herein for two (2) successive three (3) year terms following the initial term. Tenant shall be required to give notice to Landlord, in writing, not less than one hundred twenty'(120) days prior to the expiration of the preceding term of Tenant's intent to exercise an option for a renewal term. The Parties shall complete renegotiation of rent no later than September 10, 2010 for the first renewal term, and September 13, 2013 for the second renewal term, Should Landlord and Tenant fail to reach agreement on rent by these deadlines, the Options will expire, 4. FIT-OUT. Landlord will complete, at Landlord's cost, additional bathrooms on the Premises to accommodate usage of 75 people, consistent with Code requirements. Otherwise, the Premises is provided to Tenant in "as is" condition. All fit-out by Tenant is subject to the approval of Landlord. 5. RENT. Tenant shall pay a deposit for damage or default in the amount of two month's base rent upon the execution of this lease. Said deposit may not be offered by Tenant in lieu of regular monthly rent payments. Tenant shall pay to Landlord $2,917 per month as rent for the use of the Premises, payable in advance on or before the first day .of each calendar month of the Term. Rent will _._,._.____._.__m______.,_____._..~____._~___._....,._._..___,_______..~__~..__,___.___..._..,______._..........- - . not be due or owing during the fit-out of the Premises. Provided the bathrooms described in Section 4 are completed, rent shall begin 90 days after the commencement of business operations, or May 1s', 2006, whichever occurs first. Should rent begin on a day other than the 1s' of the month, payment will be made that day for the prorated portion of the remainder of the month. Rent shall be payable to the Iowa City Public Library, at 123 S. Linn St., Iowa City, IA 52240, or at such other address as Landlord may designate by written notice as provided herein. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities on a pro rata basis based on the square footage of the Premises as a percentage of the square footage of the entire building. Utilities to be paid include water, sewer, gas, and electricity. Tenant shall pay for all janitorial services and regular cleaning service to the Premises, as well as garbage removal. landlord will be responsible for any common area maintenance, including, but not limited to, exterior window cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as needed outside of this set maintenance schedule. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of a Telecommunications Retail Service Center and any other activities reasonably related thereto. The Premises may not be used for any other purpose without written approval of Landlord. 8. PARKING. The Premises includes no provision for parking. Tenant must secure its own parking. 9. QUIET ENJOYMENT. landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi-public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 10. PROHIBITED BEHAVIOR. Neither smoking nor consumption of alcoholic beverages is allowed anywhere on the Premises. This includes both tenant-occupied areas and all common areas of the building. 11. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 12. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases 2 all or a part of the Premises with landlord's written consent, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this lease. 13. ALTERATIONS. IMPROVEMENTS AND ADDITIONS. Tenant, without landlord's consent, may make any alterations. improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs and maintenance, which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00). For any improvements exceeding one thousand dollars ($1,000.00), in seeking landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to landlord for landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises. Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of landlord. landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non- structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additional to the exterior of the Premises without landlords' specific written approval, notwithstanding any provision contained herein to the contrary. 14. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the Premises, as well as be responsible for protecting against insect and pest infestation. landlord shall maintain and promptly make all exterior repairs and common area maintenance, all repairs, replacements or retro-fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and landlord's failure to repair excepted. 15. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the approval of Landlord. Tenant is responsible for care, maintenance, and replacement of any and all signs. 16. TAXES. Tenant, during the Term, shall pay promptly when due, all general ad valorem real estate taxes and assessments which may be imposed upon the Premises. Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax'" includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of landlord 3 ...__.____________~_____.~___.~n._...'_____ ____~_____~__."._. _.___~..____~___,___._._."..~.___ _ ___.._.<.._.,__.._"...._.____.___...m.'" -- --....--.....-...-..... in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 17. INSURANCE. Tenant covenants and agrees that it will at its own expense procure and maintain general insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Tvpe of Coveraae a. Comprehensive General Liability Each Occurrence Aaareaate (1) Bodily Injury & Property Damage $1,00,000 $1,000,000 $2,000,000 $1,000,000 b. Excess Liability c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa. Tenant's insurance carrier shall be A rated or better by A.M. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies,naming the Landlord as an additional insured. Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance. 18. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 19. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence. In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration. In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. 20. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease, at Tenant's sole discretion, shall automatically terminate, without further liability other than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. 4 M___.______~__""_._,.____._,______,._.____.___~_.___..__.______.._. _._,____.._.__.~"_____~__.___ ._..________________..._.w.._...___._.._..m_.._____._.--.---.........'. -- -.--...----.-~-- If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. 21. DEFAULTS. The following shall constitute "Events of Default": (a) Monetarv. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non-performance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcv: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal.or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law orany similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 22. REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. 5 (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this Lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damaaes. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charaes. Tenant shall pay to Landlord the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above, whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d)(i), against any "value added damages. Landlord may be liable for pursuant to this Lease. (e) Riahts Cumulative. Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Riaht to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charae. Default Rate. If Landlord does not receive payment of any installment of rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non-Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 23. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be 6 .--------- _._------_.__._--,.~~--_.__.-----'--- _.__.._-_..".----_._._.,.._-...----------_.._-~_.~-_.- occupying the Premises as a tenant from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy. 24. ACCESS BY LANDLORD. (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises. 25. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or pUblic accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 26. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 27. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Cooies to: If to Tenant: Library Director Iowa City Attorney Primus Telecommunications, Inc. 123 S. Linn St. 410 E. Washington St. 7901 Jones Branch Drive Iowa City, IA 52240 Iowa City, IA 52240 Suite 900 McLean, VA 22102 Attn: General Counsel The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 28. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 29. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 30. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, 7 .' , hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials" or "toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U.S.C. !j6901, et seq.; the Hazardous Materials Transportation Ad, 42 U.S.C. !j6901, et seq.; Clean Air Act, 42 U.S.C. !j7901, et seq.; Toxic Substances Control Act, 15 U.S.C. !j2601, et seq.; Clean Water Act, 33 U.S.C. !j1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 31. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof. 32. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 33. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 34. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 35. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 36. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY Primus Telecommunications, Inc. cL~~ ~,l{./. ~d!- ayor Primus Telecommunications, Inc. Attest: ~J ~- #.-w) 8 .' I. . CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ,9..g+tL day of De~ , 2005, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. i :~,'A(, KELLlE K. TUTTLE I:;)~." ~ Commission Number 221819 !": ;A1\ ': My C mmi sian Expires !'\(.(,,~"" 5 4c it-€..- J< ~~ Notary Public in and for the State of Iowa PRIMUS TELECOMMUNICATIONS, INC. ACKNOWLEDGMENT STATE OF Virginia ) p;;; !b4 COUNTY \ SS: \ On this 8th day of JJeMfhbtr ' 2005, before me, the uncjersigned, a Notary Public in and for the State of '~lJ~KIIRersOnaIlY appeared {!t./AR.LeS Et!JIWAtJTf;S , Primus Teleco nications, Inc. to me personally known, who being by me duly sworn, did identify himself as IDE:AIr 0 , Primus Telecommunications, Inc. and acknowledge the execution of the i lun ry act and deed. My Commission Expires May 31,2009 State of Virginia Approved: .L--- ( J;:" (oj- City Attorney Eric/Library/Primus Telecommunications/Primus Tel. Lease 9 cifr1~~,f -zj }/o Prepared by Susan Dulek, Ass'l. City Attorney, 410 E. Washington SI., Iowa City, IA (319)356-5030 ~ RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION NO. 97-21 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. WHEREAS, in Resolution No. 97-21, City Council adopted a fee schedule and deposit requirements for sidewalk cafes; WHEREAS, City Council passed Ordinance No. amending the sidewalk cafe provisions to allow initial easement agreements to be for a term of less than one year; WHEREAS, if the initial agreement is for less than one year in length, the fees should be prorated; WHEREAS, the current fee schedule does not allow for the prorating of fees; WHEREAS, the fees and deposit requirements in Resolution No. 97-21 should not be amended except to provide for the prorating of fees; and WHEREAS, the City desires to adopt a new fee schedule and deposit requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. Resolution No. 97-21 is rescinded in its entirety. 2. The following fee schedule and deposit requirements are hereby established for use of the public right:of-way by sidewalk cafes: a. Annual fee for sidewalk cafes located directly on the public right-of- way: $5.00 per square foot. b. Annual fee for sidewalk cafes located on a structure/platform placed on the public right-of-way: $10.00 per square foot. c. Deposit for sidewalk cafes which place anchored fencing in the public right-of-way: $200.00. This deposit shall be refunded if the sidewalk is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. d. Deposit for sidewalk cafes which place a structure/platform on the public right-of-way, regardless of whether anchored fencing is used: $500.00. This deposit shall be refunded if the structure/platform' is removed, and the sidewalk is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. e. If the initial easement agreement is for less than one' year, the fees listed in Paragraphs a and b above shall be prorated on a quarterly basis, ' Passed and approved this _ day of .2005. MAYOR ATTEST: CITY CLERK ApproVE1d by: ~_ '>-~,~ ( J - 01 . cJ \- City Attorney's Office "-----------~_._----~---_._.~._~----" . ._.--_._--"----_.__._---_..,~--._--_.._.._--~--_...__. (\t. ~ L1LJ Prepared by: Marcia Klingaman, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 05-389 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE KICKER'S SOCCER PARK AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and WHEREAS, a Call to Artists was distributed for sculptors to propose sculptures for the Kicker's Soccer Park; and WHEREAS, the City Council approved the Call to Artists for the Kicker's Soccer Park at their September 20th, 2005 meeting by adoption of Resolution No. 05-314; and WHEREAS, the Iowa City Public Art Advisory Committee approved the selection of Don Mitchell's "Just for Kicks" sculpture at their November 3, 2005 meeting. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CiTY, IOWA, THAT: 1. The Agreement between the City of Iowa City and the artist Don Mitchell for the design, fabrication, and the installation of the sculptures at the Kicker's Soccer Park, a copy of which is attached hereto, is hereby approved as to form and content. 2. The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed and approved this 13th day of December , 20-D.5..-. ATTEST:C~LERK-) ~__/ w. ';/-L / J AYOR ~?ved brn, , ~. ~aAA..) 'l){)d2V ~ I:J. - 7-0!) City Attorney's Office it was moved by Bai 1 ey and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x X x X x Chamnion the Resolution be ABSENT: Bailey Champion Elliot Lehman O'Donnell Vanderhoef Wilburn CITY OF IOWA CITY PUBLIC ART PROGRAM IOWA CITY KICKER'S SOCCER PARK - JUST FOR KICKS AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made onnprpmnpr 1 ~ ?I1M between the City of Iowa City, hereinafter referred to as the OWNER, and Don Mitchell, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted the proposal for Just for Kicks for installation at the Iowa City Kicker's Soccer Park hereinafter referred to as ART WORK. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the ART WORK at the site. b. The ARTIST shall at all stages of execution, fabrication and installation coordinate his work with the OWNER'S REPRESENTATIVE. 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the OWNER'S REPRESENTATIVE on the installation of the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof. The ARTIST shall submit to the OWNER'S RPRESENTATIVE progress reports in accordance with the schedule provided for in Section 1.2 (a). c. The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and 2 approval any significant changes in scope, design, color, size, material or texture of ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the ART WORK, any change which affects installation, scheduling, site preparation or maintenance for the ART WORK or any change to the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation a. The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than thirty (30) days prior to the ARTIST'S intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER'S REPRESENTATIVE. c. The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART WORK at the site in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall work with the OWNER'S REPRESENTATIVE in determining the location of the sculpture in the soccer park. OWNER'S REPRESENTATIVE shall make the final decision on location. The OWNER shall be responsible for all expenses, labor and equipment to prepare the site and construct a sculpture pad designed to adequately support and secure the ART WORK and insure the timely installation of the ART WORK. ARTIST shall install the ART WORK on the sculpture pad. e. Installation of the completed sculpture shall occur no later than May 1, 2006. 1 .4 Post Installation a. Within 30 days after the installation of the ART WORK, the ARTIST shall furnish the OWNER'S REPRESENTATIVE with a minimum of twelve (12) slides, photographs (and negatives), or digital photographs on a disk which document the process and development of the ART WORK from beginning fabrication through completion. b. The OWNER shall arrange photographic documentation of the site and the installed ART WORK at the site. c. The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. d. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 (d) have been completed in substantial conformity with the 3 Proposal. This date shall be no later than 6 months after the date of the first installment payment by the ARTIST as detailed in Section 2.1 (a). b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance. 1.6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance. The ARTIST shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once installation of the ART WORK is complete. 1.7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, inCluding death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by the ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of the ARTIST'S employees or of any person other than the ARTIST'S employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of the ARTIST'S performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. The ARTIST states he has no employees involved in this ART WORK. 1.8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK 5 with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time specified in the schedule because OWNER has not prepared the site for installation as specified in Section 1.3{d) hereof, as a result of the improvements not being completed on the site to permit installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the ART WORK. In addition, the OWNER shall reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site due to delays caused by the OWNER. Such reimbursements shall be expenses in adddition to the Fixed Fee enumerated in Section 2.1. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing. its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unforeseeably burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unforeseeably burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. 6 The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty in a manner that is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTISTS NAME], date of publication. 5.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5.4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTISTS name. Article 6. ARTISTS Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 9 ARTIST shall have the right to employ such assistance as may be required for the performance of the Project subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request of the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files. 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary by OWNER. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance and shall coincide with trips to Iowa City already planned by the ARTIST pursuant to Sections 1.2 and 1.3. 11.5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. 11.6 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Article 12. Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST OWNER .~~/. ~- mest W. Lehman, ayor ~~~ Manan K. Karr City Clerk tt~ .1-'---;~-iJJ' City Attorney's OffIce ~~~A I --- 6325 s. CHASI: STREET, UTlLETON, COLORADO 80123 (303) 795-7570 FAX(303)73o.am E-MAIL m1fc:hdvncw@mln.carn 'M!B SITE www.theeclgo.CCf\'\lhardarf October 14, 2005 Marcia Klingaman Planning and Community Development City of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Dear Selection Committee: Please accept the enclosed materials as my entry to provide art for the Iowa City Kickers Soccer Park. In the last five years I've had the opportunity to work with city planners, university and state officials, architects and some really great people on twenty-three public sculptures. Prices have ranged from $30,000 to $150,000. My style of work crosses age boundaries, is colorful, often exhibits movement and provides a positive visual experience for the viewer. I go back a lot of years, and I've developed some pretty good instincts in wOrking with people and for what works for a site and community. I would very much appreciate the opportunity to work with Iowa City on a unique, fun and colorful public sculpture. The seventeen-feet tall kinetic sculpture that I'm proposing is called JUST FOR KICKS. It would be made from high strength aluminum and have two baked-on, very durable powder coats for its finish. In each of my sculptures, I try to create a unique visual image that answers call objectives, requires minimal maintenance and fits the site while leaving a positive impression. Thank you for considering my work. Sincerely, Don Mitchell DONALD C. MITCHELL FINE ART SCULPTURE 6325 S. Chase SI1ee~ LIIIIeton, CO 60123 (303) 791>-7570, FAX (303) 730-8995, EMAIL mltchdnmar@msn.com SLIDE LIST, PROPOSED SCULPTURE, IOWA CITY KICKERS SOCCER PARK till TITLE MEDIUM S!ZE COMPLETE PRICE 1 JUST FOR KICKS PAINTED ALUMINUM MAQUETTE 2 JUST FOR KICKS PAINTED ALUMINUM MAQUETTE 3 JUST FOR KICKS PAINTED ALUMINUM MAQUETTE EXTRA SLIDES OF OTHER PROJECTS 1 CELEBRATION POWDER COATED ALUMINUM 216"H-144"W-144"L 2005 60,000 City ofThornton, CO 2 THE BIG DEAL POWDER COATED ALUMINUM 108"H-144"W-144"L 2004 44,000 Cedar Rapids, Iowa, Private Commission 3 KNOWLEDGE TREE POWDER COATED ALUMINUM 242"H-102"W-102"L 2002 60,000 University of Nebraska at Kearney 4 OKLAHOMA PROJECT POWDER COATED ALUMINUM 62"-120" EA PANEL 2004 60,000 Central Oklahoma Transportation and Parking Authority, Oklahoma City, Oklahoma :Po CITY OF IOWA CITY PUBLIC ART PROGRAM IOWA CITY KICKER'S SOCCER PARK - JUST FOR KICKS AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made be en the City of Iowa City, hereinafter referred to as the OWNER, and Don Mitchell, hereina ter referred to as the ARTIST. The OWNER'S REPRESENTATIVE s II be the Director of th Department of Planning and Community Development or his/her d signee. The COMMI TEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the commendation 0 the COMMITTEE, has accepted the proposal for Just for Kicks for installati at the Iowa C' y Kicker's Soccer Park hereinafter referred to as ART WORK. A copy of said roposal as a epted is attached hereto as Exhibit "A" (hereinafter "Proposal"). 1.1 General mutual promises and undertakings NOW, THEREFORE, in considerati contained herein, the parties agree as follows: Article 1. Scope of Services a. The ARTIST shall perform all equipment as necessary for the design, ex the ART WORK at the site. s and furnish all supplies, materials and abrication, transportation and installation of b. The ARTIST shall at all sta s of execut on, fabrication and installation coordinate his work with the OWNER'S REPRES TATIVE. 1.2 Execution of the Work a. The ARTIST shall fu ish the OWNER'S R RESENTATIVE a tentative schedule for completion of fabrication a d installation of the AR WORK, including a schedule for the submission of progress rep s, if any. The schedul must be approved by OWNER'S REPRESENTATIVE. After written approval of th schedule by the OWNER'S REPRESENTATIVE, the TIST shall fabricate, transpo and consult with the OWNER'S REPRESENTATIVE on t e installation of the ART WORK I accordance with such schedule. Such schedule may be amended by written agree ent between the OWNER'S REPRESENTATIVE a d the ARTIST. b. The OW ER shall have the right to review the AR WORK at reasonable times during the fabrica;fon thereof. The ARTIST shall submit to the WNER'S RPRESENTATIVE progress reportyn accordance with the schedule provided for in Se tion 1.2 (a). c. Th~RTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and 2 approval any significant changes in scope, design, color, size, material or texture of ART WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the ART WORK, any change which affects installation, scheduling, site preparation or maintenance for the ART WORK or any change to the concept of the ART WORK as represented in the Proposal. 1.3 Delivery and Installation / / a. The ARTIST shall notify e OWNER'S REP fabrication of the ART WORK' completed and the installation at the site. ESENTATIVE in writing when the TIST is ready for its delivery and b. The ARTIST agrees t notify the OWNER'S EPRESENTATIVE, no fewer than thirty (30) days prior to the ARTIST'S i ended time of deliv ry to determine the particulars of delivery time, location and agent designate by the OWNER' REPRESENTATIVE. c. The ARTIST shall deliver installation of the completed ART W pursuant to Section 1.2 (a). d. The ARTIST shall work with t e WNER'S REPRESENTATIVE in determining the location of the sculpture in the soccer p . OWNER'S REPRESENTATIVE shall make the final decision on location. The OWNE shall be responsible for all expenses, labor and equipment to prepare the site and con ru t a sculpture pad designed to adequately support and secure the ART WORK and insure e ti ely installation of the ART WORK. ARTIST shall install the ART WORK on the sculptur pad. e. Installation of the complet 1.4 Post Installation a. Within 30 days after e installation of th ART WORK, the ARTIST shall furnish the OWNER'S REPRESENTATIV with a minimum f twelve (12) slides, photographs (and negatives), or digital photogr phs on a disk which d ument the process and development of the ART WORK from beg inn' g fabrication through co letion. b. The OWNER s II arrange photographic docu entation of the site and the installed ART WORK at the site. c. The ARTIST hall be notified of any dates and t es for presentation ceremonies relating to the ART W K. d. Upon inst lation of the ART WORK, the ARTIST sh II provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintena e and preservation of the ART WORK. 1.5 Final Accepta a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1.4 (d) have been completed in substantial conformity with the 3 Proposal. This date shall be no later than 6 months after the date of the first installment payment by the ARTIST as detailed in Section 2.1 (a). b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c. Final acceptance shall be effective on the REPRESENTATIVE'S written notification to ARTIST of final accep of the OWNER'S 1.6 Risk of Loss The risk of loss or damage 0 the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, d the ARTIST shall take ch measures as are necessary to protect the ART WORK from 10 s or damage until final a ceptance. The ARTIST shall not be responsible for loss or damag due to vandalism, t eft, accidents, or acts of God once installation of the ART WORK is c plete. 1.7 Liability, Indemnification and Ins a. The ARTIST agrees to in emnify, efend and hold OWNER and its officers, employees, and agents harmless from ny an all loss, cost, damage and expense (including reasonable attorney's fees and court cos ) re ulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or. alleging bodily injury, including death, or property damage arising out of or resulting from A 1ST'S operations, duties or responsibilities under this agreement, whether such be by AR T himself or by any subcontractor or by anyone directly or indirectly employed by the ART, ST. b. Upon final acceptance of th ART W RK, the OWNER shall, to the extent permitted by law, and without waiving any imm nities avai ble thereunder, indemnify and hold harmless the ARTIST against any and all clai s or Iiabilitie thereafter made in connection with the ART WORK, the site, the project or t IS agreement, xcept claims by the OWNER against the ARTIST and claims which may ccur as a result f the ARTIST'S breach of the warranties provided in Article 4. c. The ARTIST nd all employees of th ARTIST shall each effect and maintain insurance to protect the AR 1ST from claims under orkers compensation acts; claims for damages because of bodily. jury including personal inju ,sickness or disease, or death of any of the ARTIST'S employe or of any person other than the ARTIST'S employees; and from claims for damages beca se of injury to or destruction 0 tangible property; including loss of use resulting therefrom. and from claims arising out the ARTIST'S performance of professional services c sed by errors, omissions, or neglig nt acts for which the ARTIST is legally liable. The ART I T states he has no employees involve in this ART WORK. 1.8 Title / Title of the ART W RK shall pass to the OWNER upon OWNE 'S final acceptance of the completed ART W RK 4 Article 2. Compensation and Payment Schedule 2.1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Thirty-five th. usand dollars ($35,000) which shall constitute full compensation for all fees, services, expen es, and materials to be performed and furnished by the ARTIST undeOl1is agreement. xpenses shall include all travel and lodging required for the ARTIST t ulfill his obligations der this contract. The fee shall be paid in the following installments expressed as percent es of such fixed fee, each installment to represent full and final, on refundable payment or all services and materials provided prior to the due date thereo . a. Forty percent (40%), agreement. within thirty 0) days after execution of this b. Forty percent (40%) or $14,000, within thi y (30) days of the determination of OWNER'S REPRESENT TIVE that the sc pture has been mechanically fabricated to the point of powder coa ing but not incl ding the powder coating. ARTIST shall provide documentation to OWNER'S EPRESENTATIVE to demonstrate such progress. In no event shal the secon payment be made less than thirty (30) days after authorization of the first ayment c. Twenty percent (20%) or $7,0 w' in thirty (30) days after final acceptance of the complete project. If the AR elects to utilize the OWNER'S services and materials during installation, 0 er than those specifically cited herein as the responsibility of the OWNER, toe fees shall be deducted from the final payment due the ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsible r the payme t of all expenses necessary for the proper performance of the services requir d under this ag eement, including but not limited to mailing or shipping charges on submissio s to the OWNER REPRESENTATIVE, the cost of any and all engineering evaluations as re uired by the OWN , transporting the ART WORK to the site and the costs of all travel and 10 ging by the ARTIST d the ARTIST'S agents and employees Article 3. Time of Performanc 3.1 Duration The services to be requi~ d of the ARTIST as set forth 'n Article 1 shall be completed in accordance with the sch ule for completion of the ART RK as proposed by the ARTIST and approved by the 0 NER'S REPRESENTATIVE pursu t to Section 1.2, provided that such time limits may b extended or otherwise modified by ri!ten agreement between the ARTIST and the OWNE 'S REPRESENTATIVE. 3.2 Construction Delay If, when the ARTIST ompletes fabrication or procurement of the A T WORK in accordance \ 5 with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time specified in the schedule because OWNER has not prepared the site for installation as specified in Section 1.3(d) hereof, as a result of the improvements not bein completed on the site to permit installation of the ART WORK, the OWNER shall provo storage, or reimburse the ARTIST for reasonable transportation and storage costs incur a for the period between the time provided in the schedule for commencement of installati and the date up which the site is sufficiently complete to reasonably permit installation 0 the ART WORK. n addition, the OWNER shall reimburse the ARTIST for any additional tr vel costs or for un cessary time spent on the site due to delays caused by the OWNER. Su h reimbursements hall be expenses in adddition to the Fixed Fee enumerated in Section 2.1. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and stora costs resulting from the completion of the ARTIST'S services prior to the time pro ided in th schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall gr n a reasonable extension of time to the ARTIST in the event that there is a delay on the part the ARTIST in performing its obligations under this Agreement due to conditions beyond t ARTIST'S control or Acts of God which render timely performance of the ARTIST'S se i es impossible or unforeseeably burdensome. Likewise the ARTIST shall grant a reaso abl extension of time to the OWNER in the event that there is a delay on the part of t e 0 NER in performing its obligations under this Agreement due to conditions beyond th OWN R'S control or Acts of God which render timely performance of the OWNER'S servic s impos ible or unforeseeably burdensome. Failure to fulfill contractual obligations due to c nditions b yond either party's reasonable control will not be considered a breach of contract; rovided th such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and arrants that: (a) the A T WORK is solely the result of the artistic effort of the ARTIST; (b except as otherwise isclosed in writing to the OWNER'S REPRESENTATIVE, the T WORK is unique and riginal and does not infringe upon any copyright; (c) that the A T WORK, or a duplicate t reof, has not been accepted for sale elsewhere; and (d) the A T WORK is free and clear of y liens from any source whatever. 4.2 Warranties of Qual" y and Condition The ARTIST represe ts and warrants that: (a) the executio and fabrication of the ART WORK will be performed in workmanlike manner; (b) the ART W K, as fabricated and installed, will be free of defects n material and workmanship, including ny defects consisting of inherent qualities which ca se or accelerate deterioration of the AR WORK; and (c) maintenance recommendation submitted by the ARTIST to the OWNER'S PRESENTATIVE hereunder, if followed, will ach' ve their intended result. 6 The warranties described in this Section 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ART any observed breach with reasonable promptness. The ARTIST shall, at the requ of the 0 ~ ER, and at no cost to the OWNER, cure reasonably and promptly the bre of any such arranty in a manner that is consistent with professional conservation stan rds (including, for xample, cure by means of repair or refabrication of the ART WORK). Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5.1, the RTIST retains all ri ts under the Copyright Act of 1976, 17 U.S.C., 101 et. seq., and all her rights in and t the ART WORK except ownership and possession. In view of the inten on that the ART ORK in its final dimension shall be unique, the ARTIST shall not make an additional dupli te reproductions of the final ART WORK, nor shall the ARTIST grant permi sion to others do so except with the written permission of the OWNER. The ARTIST grant to the OWN and its assigns a royalty-free, irrevocable license to make two or three dim nsional rep ductions of the ART WORK for educational and/or non-commercial purposes, i eluding bu not limited to reproductions used in advertising, calendars, posters, brochures, me ia, publi . y, catalogues, museum, educational and development projects, or other similar publ ations, rovided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain substantially in the following form: - [ARTIST' credit to the ARTIST and a copyright notice AME], date of publication. The ARTIST shall use best efforts to gi e acre 't reading substantially, "an original art work owned and commissioned by the City of Iowa 'ty, Iowa" in any public showing under the ARTIST'S control or reproductions of teART WO The ARTIST may cause to be gistered, with the nited States Register of Copyrights, a copyright of the ART WORK in t e ARTIST'S name. The OWNER shall, at i expense, prepare and install I the site a plaque identifying the ARTIST, the title of the RT WORK, and the year of compl ion; and shall reasonably maintain such notice to the exte as may be practicable. 5.3 Credit to Owner 5.4 Registration Article 6. ARTIST'S Rights 6.1 Identification \ \ \ 7 6.2 Maintenance The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). ~ - ----" /' a. Except as provided under subsection 6 (b), below, The OW not intentionally damage, alter, modify or cha e the ART WORK approval of the ARTIST. b. The OWNER reserves the right to alter the location of t ART WORK; relocate the ART WORK to another site; and remove teART WORK from ublic display. The following provisions shall apply to relocation or remov I: R agrees that it will hout the prior written 6.3 Alteration of the Work or of the Site (i) While the OWNER shall ttempt to remov ART WORK in such a way as to not affect the ART WORK, it is the parti s' understandi g that such removal may result in damage, alteration, modification, destructi n, distortion r other change of the ART WORK. The ARTIST acknowledges that this provisi n shall qu Ify under 17 U.S. C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 1 6A. (ii) If, at the time of remov , it i determined that the ART WORK may be removed without damage, alteration, modi ica 'on, destruction, distortion or other change, OWNER shall give notice as required by 17 . .C. Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to e the records, including ARTIST'S identity and address, with the Register of Copyrights as!, vided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update informayon ith the Register of Copyrights so as to permit notification of intent to remove the ART W, RK. 6.4 Permanent Record. The OWNER'S REPRESENTATIV shall mai tain on permanent file a record of this Agreement and the location and di osition of the RT WORK. Article 7. ARTIST as Independeicontractor. The ARTIST shall perform all 1o!k under this Agree ent as an independent contractor and not as an agent or an employe of the OWNER. The RTIST shall not be supervised by any employee or official of the WNER, nor shall the RTIST exercise supervision over any employee or official of the 0 NER. 8.1 Neither this Agree nt nor any interest herein shall e transferred by the ARTIST. Any such transfer shall be n II and void and shall be cause to an ul this Agreement. Article 8. Assignments, Tr nsfer, Subcontracting \ \ 8 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain written approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another s)Jbcontracto must be submitted for approval by the OWNER'S REPRESENTATIVE. / Article 9. Termination If either party to this agreement shall willfu or negligently fail t fulfill in a timely and proper manner, or otherwise violate, any of the c venants, agreement or stipulations material to this agreement, the other party shall thereupo have the right to te inate this agreement by giving written notice to the defaulting party 0 its intent to term. ate specifying the grounds for termination. The defaulting party shall ha thirty (30) days er receipt of the notice to cure the default. If it is not cured, then this agre ment shall term. ate. In the event of default by the OWNER, the OWNER shall promptly co ensate the A 1ST for all services performed by the ARTIST prior to termination. In the event f default by e ARTIST, all finished and unfinished drawings, sketches, photographs, and oth r work pro cts prepared and submitted or prepared for submission by the ARTIST under this greeme shall at the OWNER'S option become its property, provided that no right to fabric te or ecute the ART WORK shall pass to the OWNER and the OWNER shall compensa e the ;A.RTIST pursuant to Article 2 for all services performed by the ARTIST prior to terminati n; the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished an finished related art works. Notwithstanding the previous sentence, the ARTIST shall not b relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any each of this Agreement by the ARTIST, and the OWNER may reasonably withhold paymel)ts the ARTIST until such time as the exact amount of such damages due the OWNER from )he A TIST is determined. Article 10. Compliance / The ARTIST shall be required to coftPIY with Feral, State, and City statutes, ordinances and regulations applicable to the perforynance of the RTIST'S services under this agreement. / ; Article 11. General Terms I I I 11.1. The ARTIST shall nqt commit any of the ollowing employment practices and agrees to prohibit the follo~mg practices in any su ontracts. 11.1.1 To discharge or r~use to hire any individual ecause of their race, color, religion, sex, national origin, dj,Sability, age, marital status, ender identity, or sexual orientation. I 11.1.2 To discriminate against any individual in terms, onditions, or privileges of employment because of th Ir race, color, religion, sex, natio I origin, disability, age, marital status, gender identi ,or sexual orientation. 11.2 It is underst od and agreed that the retention of RTIST by OWNER for the purpose of the Proje t shall be as an independent contrac or and shall be exclusive, but the \ 9 ARTIST shall have the right to employ such assistance as may be required for the performance of the Project subject to the terms of Section 8.2 of the Agreement. 11.3 It is agreed by the OWNER that all records and files pertainin frifQ;mation by the ARTIST for the project shall be available by said C. upon reasonable of the ARTIST. The OWNER agrees to furnish all re nable assistance in t these records and files. 11.4 At the request of OWNER, the ARTIST shall tend such meetings of th City Council relative to the work set forth in this Agreem t as deemed necessary b OWNER. Any requests made by the OWNER shall be iven with reasonable noti e to ARTIST to assure attendance and shall coincide th trips to Iowa City alre y planned by the ARTIST pursuant to Sections 1.2 and .3. 11.5 Should any section of this Agreeme t be found invalid, it is a reed that the remaining portion shall be deemed severable from the invalid portio and continue in full force and effect. 11.6 Upon signing this agreement, A TIST acknowledge that Section 362.5 of the Iowa Code prohibits a City officer or e ployee from havi an interest in a contract with the City, and certifies that no em pi ee or officer of t e City, which includes members of the City Council and City boar sand commis .ons, has an interest either direct or indirect, in this agreement, tha does not fall ithin the exceptions to said statutory provision enumerated in Sectio 362.5. Article 12. Entire Agreement This writing embodies the entire agreem nt any( understanding between the parties hereto, and there are no other agreements and unde tal)dings, oral or written, with reference to the subject matter hereof that are not merged herein superseded hereby. ARTIST Article 13. Modification / No alteration, change, or modification;6f th in writing and signed by both partiesAlereto ! ! / i / I / / / / { terms of the Agreement shall be valid unless made d approved by appropriate action of the OWNER. OWNER Don Mitchell Ernest W. Lehman, Mayor M iiln K. Karr City Clerk ~WvL City Attomey's !Jlff1 ct. I.?-- 07-/fJ M~ ~ Prepared by: Anissa Williams, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5254 RESOLUTION NO. 05-390 RESOLUTION AUTHORIZING THE INSTALLATION OF SPEED HUMPS ON KENNEDY PARKWAY WHEREAS, the City Council has established a traffic calming program for the City of Iowa City for the purpose of considering neighborhood traffic calming projects; and WHEREAS, the residents of Walnut Ridge Subdivision have gone through the process of considering a traffic calming project according to the City Council's approved procedure; and WHEREAS, a neighborhood survey has been conducted in accordance with the approved traffic calming program, and an 86% majority of the neighborhood has indicated they are in favor of speed humps; and WHEREAS, the City Council finds said proposal to be in the public interest and consistent with its traffic calming program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The proposal for the installation of speed humps on Kennedy Parkway is hereby approved. 2. City staff is directed to proceed with the installation of speed humps on Kennedy Parkway. 3. That the installation will be re-evaluated in one year by neighborhood survey in accordance with the City Council's approved procedure. Passed and approved this 11 t h day of necp-mber , 20.0.5-. ATTEST: ~ J!. CITY ERK ~ L/<I/~ ~L ~ APprov;9 ~---?" ~tA<.-[~ City Attorney's Office I:J-v! cO - It was moved by O'Donnell and seconded by adopted, and upon roll call there were: Chamoion the Resolution be AYES: NAYS: ABSENT: x x Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn x x x x X jccogadmlreslKennedyPkw.doc _____.._____.______.________._,____._~_____."'_.____.._____,_..."_.,___.____._.~_,__~.___.__"___.__'_______M__..._.~.__._._._._"____"._._____._~___.._..._.".._._...__ 1\;1+3 1211;05 I Prepared by: John Yapp, JCCOG, 410 E. Washington St., Iowa City. IA 52240 (319) 356-5247 RESOLUTION NO. 05-391 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE STATE RECREATIONAL TRAILS PROGRAM FOR THE BUTLER BRIDGE PEDESTRIAN BRIDGE WHEREAS, the Iowa Department of Transportation has made funds available for trails and trails- related projects through the State Recreational Trails Program; and WHEREAS, the Iowa River Corridor Trail system is a nine-mile long trail through Iowa City and Johnson County, with connections to several parks and destinations including the University of Iowa campus and the Coralville Reservoir recreation area; and WHEREAS, trail users are forced to use roadway shoulders to cross the Iowa River on the Dubuque Street Bridge, also known as the Butler Bridge; and WHEREAS, creating a safe crossing of the Iowa River for trail users is a priority for the City of Iowa City; and WHEREAS, the Iowa River Corridor Trail is an important facility for recreational and commuting bicyclists and pedestrians in Johnson County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for state recreational trail program funds. 2. Staff is authorized to file any additional documentation required by the Iowa Department of Transportation to facilitate this state recreational trails program application. 3. The City agrees to maintain the pedestrian bridge facility for the project's useful life if funding is approved. 4. The City agrees to commit to the 20% matching funds for project implementation. 5. The City Manager or designee is authorized to sign the application form and any subsequent grant contracts with the Iowa Department of Transportation. Passed and approved this 13th day of December , 20---.llL. ATTEST: ~:...~ ~ CI ERK f~/~/: t?f}/ _ ~ Approved by ~~ ~~ City Attorney' Office l;dr/ Pr jccogtplreslbutlerpedbridge.doc Resolution No. 05-391 Page 2 It was moved by Chamnion and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Bailev ABSENT: the Resolution be Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn -_...._----~._'_._._~--_.__._._~-_.__.,'----_._--..__.---~-_._'-'---_.._--_._,----,._-"--".__...__. . .~---_._._--_._--_._..._----- -- -,--.'.---..-.-------..-,- M~ 1& Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 05-392 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE INFORMATION TECHNOLOGY SERVICES DIVISION OF THE FINANCE DEPARTMENT AND THE ADMINISTRATIVE/CONFIDENTIAL PAY PLAN BY ADDING THE POSITIONS OF P.C. TECHNICIAN, WEB DEVELOPER AND DATA BASE ADMINISTRATOR. WHEREAS, staff from the City of Iowa City Finance Department, Human Resources Division, and City Attorney's Office have undertaken a review of the work environment and services provided by personnel presently hired as contractors in the Information Technology Services (ITS) Division of the Department of Finance; and WHEREAS, this review has concluded that these personnel should be more accurately classified as permanent employees of the City of Iowa City with associated benefits and not as contractors paid by the hour; and WHEREAS, the services provided by these positions are vital to the support of information technology resources of the City; and WHEREAS, it is in the best interest of the City of Iowa City to create permanent positions in the Informational Technology Services Division to supply such technical services; and . WHEREAS, Resolution No. 05-109, adopted by the City Council on March 1,2005, authorized permanent positions in the Information Technology Services Division of the Finance Department for FY06; and WHEREAS, Resolution No. 04-134, adopted by the City Council on May 4,2004, established a classification/compensation plan for Administrative and Confidential employees NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A. The budgeted positions authorized by Resolution No. 05-109 in the Information Technology Services Division of the Finance Department is amended by: 1. The addition of two full-time P.C. Technician positions, Confidential Grade 25. 2. The addition of one three-quarter Web Developer position, Administrative Grade 27. 3. The addition of one full-time Data Base Administrator, Administrative Grade 27. B. The Administrative/Confidential Pay Plan adopted under Resolution No. 04-134 is amended by: 1. The addition of the position of P.C. Technician position, grade 25. 2. The addition of the position of Data Base Administrator, grade 27. Resolution No. 05-392 Page 2 Passed and approved this 13th day of December , 20-llL. ~-<&~~ /dw AYOR Ap ATTEST:~~~ 1(. ~aAAJ CITY RK It was moved by O'Donnell and seconded by adopted, and upon roll call there were: Bailev the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn wpdatalfinanceadminlresllTS contractors.doc I ~ j --= -~... ~~~~it:~ ,,=--... ~IIIII~ .......- CITY OF IOWA CITY~ MEMORANDUM Date: November 28, 2005 Re: Steve Atkins, City Manager Kevin O'Malley, DirectorofFinance-Jt~ .~~ . Independent Contractors to Employees - - 0 To: From: Historically the ITS Division has been faced with the challenge of matching fixed personnel resources to rapidly changing technologies. To meet new and swiftly changing work assignments, the division has for several years relied on the use of contract employees to fill gaps of personnel resources and specialized job skills. These employees were not granted permanent status, but instead were paid under contract at an hourly rate which compensated for the fact that no traditional benefits (e.g. health, life insurance) were granted to these personnel. They were often hired to work on special projects, and at the time of that project's completion their contract ended. The work of ITS contract employees, specifically the four present contract employees, was recently reviewed by Human Resources, Finance, and Legal staff, to ensure that their work status was in agreement with federal labor standards and IPERS regulations. This review concluded that this group of contract employees is performing tasks more appropriately classified as permanent employees. Their work assignments were determined to be not single project-based, but rather were more wide ranging and the services supplied by these positions were deemed to be necessary for the long term. Those independent contractors provide ongoing technical services for the Information Technology Services (ITS) division. These services include desktop support (including direct contact with end users to solve their hardware/software issues), database administration, and web management. In order to continue the provision of IT technical services and support to the City organization, while at the same time satisfying labor law requirements, I recommend that the ITS budget for independent contractors would instead be used to fund four new permanent positions. As you may recall, the ITS budget is funded on a chargeback basis to all funds; there would be zero impact to the General Fund and no net increase in cost to the City by implementing this recommended change of status. I have consulted with Human Resources to develop job descriptions which accurately portray the range of services that are currently provided by the independent contractors which translate into full-time equivalent employees. We have determined that the current budgeted amount for independent contractors could be used to fund 3.75 full time equivalent positions. The new positions are 2 P.C. Technicians, a .75 Web Developer, and 1 Data Base Administrator. I recommend that these positions be created by City Council. I have prepared a resolution for the City Council to adopt to implement this change and incorporate these positions into the upcoming 2007 budget. Finadm\memos\ITSclassif.doc M1 ~ Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 05-393 RESOLUTION CLARIFYING THE OBLIGATIONS OF AUDITOR'S PARCEL 2005-005 FOR CERTAIN MUNICIPAL LIENS AND CHARGES WHEREAS, as part ofthe subdivision proceedings for Clear Creek Subdivision, a subdivision ofIowa City, Iowa, which were recorded June 28,1984, in Book 710, Page 173, Records of Johnson County, Iowa, the City ofIowa City and Clear Creek Investment Company entered into a certain Subdivider's Agreement, pursuant to which Clear Creek Investment Company waived any objections it may have to the City's construction of streets, storm sewers, and sanitary sewers within the dedicated right-of-way of Camp Cardinal Road and to the assessment the costs of said improvements against the then-owner of the real estate; and WHEREAS, Auditor's Parcel 2005-005 lies within the area governed by the Subdivider's Agreement between Clear Creek Investment Company and the City ofIowa City for Clear Creek Subdivision; and WHEREAS, the City of Iowa City passed Ordinance No. 94-3609 on March I, 1994 and said Ordinance was recorded April 6, 2000, in Book 2929, Page 317, Records of Johnson County, Iowa, which ordinance established a Tap On Fee. for the Northwest Sanitary Sewer Project; and WHEREAS, pursuant to this Ordinance, certain property, including the parcel that is now known as Auditor's Parcel 2005-005, was subject to a tap on fee to reimburse the City of Iowa City for costs incurred in connection with the Northwest Sanitary Sewer Project; and Resolution No. Page 2 05-393 WHEREAS, on February 15,2000, the City ofIowa City passed Ordinance Nos. 00- 3915,00-3916,00-3917, and 00-3918, which ordinances were recorded on April 6, 2000, in Book 2930, Page I, Records of Johnson County, Iowa; and WHEREAS, these ordinances adopted a new section of the City Code for the City of Iowa City entitled Project Specific Tap On Fee for the Northwest Sanitary Sewer Project, Phase II; and WHEREAS, pursuant to said ordinances, certain property, including Auditor's Parcel 2005-005, was subject to an obligation to pay a tap on fee for the property benefited by Phase II of the Northwest Sanitary Sewer Project; and WHEREAS, at such time as Auditor's Parcel 2005-005 was annexed into the City of Coralville, and conveyed to the Iowa City Community School District, the City ofIowa City and the Iowa City Community School District were parties to certain agreements with respect to the District's obligation to pay for development costs associated with Auditor's Parcel 2005-005, which obligations are more particularly defined within that certain 28E Agreement which is dated May 9, 2005, and recorded May 24, 2005, in Book 3880, Page 429, Records of Johnson County, Iowa; and WHEREAS, certain questions have arisen regarding whether the above-referenced Subdivider's Agreement and municipal ordinances containing the tap on fees constitute liens or encumbrances against Auditor's Parcel 2005-005; and WHEREAS, the City of Iowa City desires to memorialize its understanding relating to Auditor's ParceI2005-005's obligation for municipal liens and charges as a result of the Subdivider's Agreement for Clear Creek Subdivision and Municipal Ordinances Nos. 94-3609, 00-3915,00-3916,00-3917, and 00-3918; and NOW THEREFORE, be it resolved by the City Council of the City ofIowa City, Iowa that: I. Auditor's Parcel 2005-005 is not subject to future assessment for the cost of the construction of streets, storm sewers and sanitary sewers within the dedicated right-of-way of Camp Cardinal Road pursuant to the Subdivider's Agreement recorded June 28,1994, in Book 710, Page 173, Records of Johnson County, Iowa, between Clear Creek Investments, L.C. and the City ofIowa City claims no further interest or rights pursuant to said Subdivider's Agreement as it relates to Auditor's Parcel 2005-005. 2. The City ofIowa City has no further right or claim to tap on fees for the Northwest Sanitary Sewer Project pursuant to Ordinance No. 94-3609 passed March I, 1994, and recorded April 6, 2000, in Book 2929, Page 317, Records of Johnson County, Iowa from the owner of or as against Auditor's Parcel 2005-005. 3. The City ofIowa City has no further right or claim to tap on fees for the Northwest Sanitary Sewer Project, Phase II pursuant to Ordinance Nos. 00-3915, 00-3916, 00- Resolution No. 05-393 Page 3 3917, and 00-3918 passed February 15, 2000, and recorded Apri15, 2000, in Book 2930, Page 1, Records of Johnson County, Iowa from the owner of or against the real estate now known as Auditor's Parcel 2005-005. 4. The City Clerk is hereby authorized to forward this executed Resolution to Attorney Kirsten H. Frey who shall record this resolution with the Johnson County Recorder at Southgate Development Company's expense. Passed and approved this 11th day of December ,20 0'; ~-~/.J $~, Approve l~rI(/.r ATTES\I~~ ~. <idA...) Resolution No. 05-393 Page 4 It was moved by Bailey and seconded by adopted, and upon roll call there were: O'Donnell the Resolution be AYES: NAYS: x x x x X x y ABSENT: Bailey Champion Elliott . Lehman O'Donnell Vanderhoef Wilburn - _._-----._----_._-_.,._---------------'"'_._~------.._._._----------_._--------,------,~~.~_._._._--- M, ~ LLU Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240-319-356-5041 RESOLUTION NO. 05-394 RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY, SNOW REMOVAL, SIDEWALK REPAIR, AND STOP BOX REPAIR CHARGES AND DIRECTING THE CLERK TO CERTIFY THE SAME TO THE JOHNSON COUNTY TREASURER FOR COLLECTION IN THE SAME MANNER AS PROPERTY TAXES. WHEREAS, the City Clerk has filed with the City Clerk an assessment schedule providing the amount to be assessed against certain lots for the actual unpaid abatement costs of mowing, cleaning up property, removing snow, repairing sidewalks, and repairing stop boxes in the same manner as property taxes; WHEREAS, said schedule is attached as Exhibit A to this resolution and incorporated herein by this reference; WHEREAS, Iowa Code ~ 364.138 authorizes the City Council to assess against the property said abatement costs in the same manner as property taxes; and WHEREAS, the City Council finds that the property owners listed in Exhibit A have received a written notice of the date and time of the public hearing on the adoption of said assessment schedule, in substantially the same form attached hereto as Exhibit 8. NOW, THEREFORE, 8E IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Exhibit A is adopted as the assessment schedule pursuant to Iowa Code ~ 384.60(1). The amounts listed in Exhibit A for unpaid mowing charges, clean-up property charges, snow removal charges, sidewalk repair charges and stop box repair charges as stated in Exhibit A are confirmed and levied against the properties listed in Exhibit A. All unpaid assessments not paid within thirty (30) days after the first publication of the final assessment schedule shall bear interest at the rate of 9% per annum, commencing on January 17,2006. Assessments are payable at Johnson Country Treasurer, 13 South Dubuque Street, Iowa City, Iowa. Until January 17, 2006 payment may be made at the City Clerk, 410 E. Washington Street, Iowa City, Iowa, without interest. The City Clerk is hereby directed to certify the schedule as set out in Exhibit A to the Treasurer of Johnson County, Iowa for collection in the same manner as property taxes. The assessment cannot be paid in installments. Res. No. 00-194 Page 2 . The City Clerk is further directed to publish notice of the schedule once each week for two consecutive weeks in the manner provided in Iowa Code S 362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the assessment schedule. Passed and approved this 13th day of December ,2005. &-/- /..) ~ ayor ATTEST: l1t~~u) K. ~ City C erk Approved by ~~ \ d-~-O) City Attorney/s Office It was moved by Roi 1 or and seconded by Uonrtorhno1' adopted, and upon roll cal there was: the Resolution be AYES: NAYS: ABSENT: -----X- -----X- ----1L ----1L -----X- -----X- -1L Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn sue\Ord&Res\AbateRes.doc EXHIBIT A Properties To Be Assessed. December 2005 Page 1 of 1 Property Addre.. La al Description Parcel Number Appraised Value Prope OWner Service Rendered Date of Service Cost of Service Invoice # 4 GILMORE CT 1761 19 MCBRIDE ADDITION PART 1 1017127004 $246,530.00 BROWN, MATTHEW E & REPLACE CURB BOX 6/22/2004 $322.42 1157 LOT 19 BROWN, ANDREA & VALVE, STOP BOX & STEM, TAX, DIRT WORK & SEEDING 1021 N GOVERNOR ST 0748-1-3 DEWEYS ADDITION COM J 1003483003 $72,970.00 CURTIS, CHRISTINE K. .& REPLACE CURB BOX 4/7/2004 $334.14 1143 NE COR OF LOT 3 BLK 1 BACON'S SD HINES, TODD E. 1" CURB STOP DEWEY'S ADD; W 80' S 50' N 50' TO BE1 TAX, DIRT WORK & SEEDING 628 N LINN ST 2063-54-3 ORIGINAL TOWN OF IOWA 1010206001 $222,780.00 TERRY, WILLIAM 0 & . .rIDEWALK REPAIR 8/2612004 $62.40 4218 CITY N 45' OF W 30' LOT 3 BLK 54 & TERRY, JUDITH A N 45' LOT 4 BLK 54 HAWKEYE PROPERTY MANAGEMENT 1564 PRAIRIE DU CHIEN 1089 9 GROLMUS SUBDIVISION PART 1003106001 $137,920.00 HAYCRAFT, EDWIN J & SIDEWALK REPAIR 12/16/2004 $109.80 4273 2 LOT 9 EXC SlL Y 5' & COMMENCING SCHULTZ, STEVEN R NE COR LOT 9 N 86 DEG 33 MIN E 99.83'; NWL YON EL Y/L LOT 9 45.6' TO BEG 729 N DUBUQUE ST 1331--33 IOWA CITY OUTLOTS OUTLO 1010203001 $658,860.00 PHI DELTA THETA HOUSING SIDEWALK REPAIR; 8/5/2004 $2,724.80 4169 33 EXC S 170' & ALSO INCLUDING 80' ASSOC OF IOWA CITY WEED REMOVAL 8/17/2004 $95.00 1492 SNOW REMOVAL 1/24/2005 $247.25 1559 OF VACATED BROWN ST W OF TOTAL $3,067.05 DUBUQUE ST AND THE S 35' OF OUTLOT 34 1816 ROCHESTER AVE 11-79-8 COM AT A PT IN ClL 1011171002 $129,740.00 STOVER, STEVEN & REPLACE CURB BOX 615/2003 $588.50 1091 ROCHESTER AVE 2636.4' E OF SW STOVER, JANICE & DIRT WORK & COR NW 11-79-8S 89 DEG 40 MIN SEEDING E 431.5' S 82 DEG 3 MIN E 243.6' N o DEG 34 EXHIBIT B I ~ ! -....= -10.., ~~~!=~ ~~~aa.' . ..... ~ CITY OF IOWA CITY December 6, 2005 410 East Washington Street Iowa City, iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Name Address City, State, ZIP Dear Property Owner: This is to notify you that the City Council will be considering a resolution on December 13, 2005 that will assess against your property the cost that the City has incurred to do one of the following: unpaid mowing, clean-up of property, snow removal, sidewalk repair, or stop box repair charges. Enclosed for your information is a copy of the bill. If the City Council approves the assessment against your property, the amount will be collected by the Johnson County Treasurer in the same manner as a property tax. If you pay the amount due in full before the City Council meeting, the resolution will not include an assessment against your property. You can make the payment by mailing or coming in person to the City Clerks office, 410 East Washington Street, between the hours of8:00 a.m. and 5:00 p.m. Ifproperty is assessed and the amount is not paid within the specified 30 days, interest will accrue at a rate set by the City Council. If you have any questions about the resolution, please contact the City Accounting Division at 356- 5083. Sincerely, MarianK.Karr City Clerk Enc. Copy to: Accounting Division-w/enc. a i...) '("wI" \ "l-. \ ;-'\ .:#" /!f' PUBLICATION NOTICE '- \ . ,,~; i:t\.:;'..:,: CITY OF lOW A CITY ASSESSMENT SCHEDULE OF UNPAID MOWING, CLEAN-UP OF PROPERTY AND STOP BOX REPAIRS Legal Description Parcel Nnmber Appraised Valne Cost of Service 1761--19 MCBRIDE ADDITION PART 1, Lot 19 1017127004 $246,530_00 $322.42 0748-1-3 DEWEYS ADDITION COM, NE COR OF LOT 3 BLK 1 1003483003 $72,970_00 $334_14 BACON'S SD, DEWEY'S ADD; W 80' S 50' N 50' TO BEG 2063-54-3 ORIGINAL TOWN OF IOWA CITY N 45' OF W 30' LOT 3 1010206001 $222,780_00 $62.40 BLK 54 & N 45' LOT 4 BLK 54 1089--9 GROLMUS SUBDIVISION PART 2 LOT 9 EXC S/L Y 5' & 1003106001 $137,920_00 $109_80 COMMENCING NE COR LOT 9 N 86 DEG 33 MIN E 99_83'; NWL Y ON EL YIL LOT 9 45.6' TO BEG 1331--33 IOWA CITY OUTLOTS OUTLOT 33 EXC S 170' & ALSO 1010203001 $658,860_00 $2,724.80 INCLUDING 80' OF VACATED BROWN ST W OF DUBUQUE ST AND THE S 35' OF OUTLOT 34 1331--33 IOWA CITY OUTLOTS OUTLOT 33 EXC S 170' & ALSO 1010203001 $658,860.00 $95.00 INCLUDING 80' OF VACATED BROWN ST W OF DUBUQUE ST AND THE S 35' OF OUTLOT 34 1331--33 IOWA CITY OUTLOTS OUTLOT 33 EXC S 170' & ALSO 1010203001 $658,860.00 $247.25 INCLUDING 80' OF VACATED BROWN ST W OF DUBUQUE ST AND THE S 35' OF OUTLOT 34 11-79-6 COM AT A PT IN CIL ROCHESTER AVE 2636.4' E OF SW 1011171002 $129,740.00 $588.50 COR NW 11-79-6S 89 DEG 40 MIN E 431.5' S 82 DEG 3 MIN E 243_6' N 0 DEG 34 This item was awarded at 11/29/05 Special Council Meeting. See 11/29/05 Special Meeting folder for details. 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 ATTEST A CONTRACT FOR CONSTRUCTION OF THE PARKING FIBER PROJECT. WHEREAS, responsible bid of $ of has submitted the lowest 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 adopted, and upon roll call there were: AYES: NAYS: the Resolution be ABSENT: Bailey Champion Elliott Lehman O'Donnell Vanderhoef Wilburn pwenglRESIPARKING FIBER. DOC 9/99