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HomeMy WebLinkAbout2001-12-11 Resolution RESOLUTION NO. 01-382 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Gabe's - 330 E. Washington Street It was moved by Champion and seconded by O'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~( ' O'Donnell X __ Pfab × Vanderhoef X Wilburn Passed and approved this 11th day of December , 20 01 . ATTEST: CiT~LE,~RK'~ ~__,c,v) City Attorney;s Office clerk\res\danceprm .doc Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washinglon St., Iowa Cily, IA 52240 (319) 356-5400 RESOLUTION NO 01-383 RESOLUTION SETTING PUBLIC HEARING FOR THE UPDATE OF THE SECTION 8 ADMINISTRATIVE PLAN FOR THE IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing is to be held on the 8th day of January, 2002, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named plan in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) or more than twenty (20) days before said hearing. 3. That the copy of the plan for the above-named Iowa City Housing Authority document is hereby ordered placed on file by the Administrator in the office of the City Clerk for public inspection by January 2, 2002. Passed and approved this l:].th day of Decl=mhP~' ,2001. Approved by ATTEST: t a-, CITt'-CLERK City Attorney's Office Hisasst\ResoLutionsect8 doc Resolution No. 01-383 Page 2 It was moved by Champion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman 'X' O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA/~240 (319) 356-5400 ' RESOLUTION NO / RESOLUTION SETTING PUBLIC HEARING FOR TI' ~DATE OF THE SECTION 8 ADMINISTRATIVE PLAN FOR THE IOWA CITY ;ING AUTHORITY SECTION 8 PROGRAM '! \ BE IT RESOLVED BY THE COUNCIb,,,,OF THE CI' OF IOWA CITY, IOWA: 1. That a public hearing is to be held 0'~.:~he of January, 2002, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa Cib or if said meeting is cancelled, at the next meeting of the City Council thereafter by the City Clerk. 2. That the City Clerk is hereb~ directed to publish notice of the public hearing for the above-named plan in ublished at least once weekly and having a general circulation in the C not less (4) or more than twenty (20) days before said hearing. 3. That the copy of the lan for the above-named I a City Housing Authority document is hereby ordered pl ed on file by the Administrator ~ the office of the City Clerk for public inspection by ~ 2002. ~ Passed and ap,/oved this day of \ ,2001. v onro,, ,,,herew :/a.dse .ded by utionbe \ ," AY : NAYS: ABSEN:~:. .,/ hampion / Z Kanner /// / Lehman 'Donne, Va b erhoef _, // Wilbu Resolutionsecffi .doc Approved By City Attorney's Office OFFICIAL PUBLICATION PUBLIC COMMENT PERIOD The City of Iowa City is soliciting public comments on the amended Section 8 Administrative Plan. This plan defines the Iowa City Housing Authority's (ICHA) policies for the operation of the Section 6 Program, incorporating Federal, State and local law. Copies of the Administrative Plan are available from the ICHA office at 410 E. Washington Street or the Iowa City Public Library at 123 S. Linn, Iowa City. Comments may be submitted to the ICHA at the above address or by contacting the ICHA at 356-5400 or by email to maqqie-clrosvenor@iowa-citV.orcl. The 30-day public comment period will begin on September 4, 2001 and end on October 5, 2001 at 5 p.m. Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5400 RESOLUTION NO 01-384 RESOLUTION SETTING PUBLIC HEARING FOR THE UPDATE OF THE IOWA CITY HOUSING AUTHORITY PUBLIC HOUSING ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing is to be held on the 8th day of January, 2002, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named plan in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) or more than twenty (20) days before said hearing. 3. That the copy of the plan for the above-named Iowa City Housing Authority document is hereby ordered placed on file by the Administrator in the office of the City Clerk for public inspection by January 2, 2002. Passed and approved this 11th day of ~gE::~ ,2001. Approved by ATTEST:CigTTTy~LER_~-~K 7</i- "'F-/~Z,4A.) %,."}~,_,~--~b \a--,f-~r City Attorney's Office hisasst\res\resolutjonacopdoc Resolution No. 01-384 Page 2 It was moved by Charnpion and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5400 RESOLUTION NO .,. RESOLUTION SETTING PUBI, IC HEARING FOR THE UPDATE OF THE IOWA CITY HOUSING AUTHORITY PUBLIC HOU~t~I~ ADMISSIONS AND CONTINUED OCCUPANCY PLAN (ACOP) BE IT RESOLVED BY THE COUNCIL OF THE Q!.~ OF IOWA CITY, IOWA: \ 1. That a public hearing is to be held on the'~th day ~f, January, 2002, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City~"lowa, or if ~.aid meeting is cancelled, at the next meeting of the City Council thereaf~i' as posted by th~xCity Clerk. That the City Clerk is hereby a[uthorized and directed to ublish notice of the public hearing for the above-named plan. l~ a newspaper pubhshed at ast once weekly and hawng a general circulation in the'~t not less than four'(4) o than twenty (20) days b fore said hearing. \ 3. That the copy o~/{he plan for the above-named Iowa City Hou~ng Authority document is hereby ordered/placed on file by the Administrator in the office of the City Clerk for public inspection by ,January 2, 2002. Passed an,d approved this day of ,2001. :~,%~ .b~on re,, ~a,,t ere were: and se ded bythe ~e~o,.,, e YES: NAYS: ABSENT:  ~ Champion '~~7~// 'Donnel~ ~ ~nhoef Prepared by: Kim Shera, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5437 RESOLUTION NO. 01-385 RESOLUTION SE'I'I'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCOTI' BOULEVARD EXTENSION PHASE IV PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID 'HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 8TM day of January, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 11th day of December ,20 01 Approved by Resolution No, 01-385 Page 2 It was moved by Champ'i on and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner '~ Lehman X O~DoRnell X Pfab X Vanderhoef X Wilbum Prepared by: Kumi Morris, Engineering, 410 E. Washington St., iowa City, IA 52240, (319)356-5044 RESOLUTION NO. 01-386 RESOLUTION SETrING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL SALVAGE BARN & FURNITURE PROJECT BUILDING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTI.CE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 8u~ day of January, 2002, at 7:00 p.m. in the Emma J. Hatvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 'l].th day ~R~/~..42. Approved by pwengves\salvagebarndoc 9/99 Resolution No. 01-386 Page 2 It was moved by Champion and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O~Donnell X Pfab X . Vanderhoef X Wilbum [ 12~11-01 3f(1) Prepared by Steve Long, Associate Planner, 410 E, Washington Street, Iowa City, IA 52240; 319,356,5250 RESOLUTION NO, 01-387 A RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA CITY. WHEREAS, the City of Iowa City, Iowa, has been informed by MDI Limited Partnership #65 that a low income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at 800, 802, 820,822, 830,832, 840, 842, 857,859, 920,928,921,923, 938, 950, 939, 949,960, 976, 963, 973, 983, 995 Longfellow Place, Iowa City, Iowa with a legal description as follows: Longfellow Manor Lot 20; Longfellow Manor Lot 18; Longfellow Manor Lot 17; Longfellow Manor Lot 16; Longfellow Manor Lot 6; Longfellow Manor Lot 13; Longfellow Manor Lot 13; 919-921-923-925 Longfellow Place Condominium Unit 921; 919-921-923-925 Longfellow Place Condominium Unit 923; Longfellow Manor Lot 12; Longfellow Manor Lot 8; Longfellow Manor Lot 11; Longfellow Manor Lot 9; Longfellow Manor Lot 10. WHEREAS, this housing project will contain 24 units; and WHEREAS, the units will be targeted to elderly, families, and people with special needs, to achieve mixed income units; and WHEREAS, the project will consist of the construction of 20 units and the acquisition of four units; and WHEREAS, the property will have the following amenities: 1. Handicap Accessible 2. Community Room 3. On-site Laundry 4. Secured and/or Limited Access Entrances 5. Garages 6. Three-bedroom units have one and a half bathrooms and four-bedroom units have two bathrooms WHEREAS, the Sponsor has received a commitment of local assistance through City of Iowa City HOME Investment Partnership funds: WHEREAS, the City Council determines that such a development will serve the public interest. NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City City Council, that it supports the development of said aforesaid housing project as shown heroin in our community, subject to city ordinances and the building permit process. This resolution is effective until July 1, 2002. In the event that any of the characteristics mentioned above should change prior to the issuance of uilding permit, this resolution is null and void. Passed and approved this 11th day of December, 2001. Approved by Resolution No. 01-387 Page 2 It was moved by Champion and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~ O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by Steve Nasby, CD Coordinator, 410 E. Washington Street, Iowa City, IA 52240; 319.356.5248 RESOLUTION NO. 01-388 A RESOLUTION SUPPORTING THE DEVELOPMENT OF AFFORDABLE HOUSING IN IOWA WHEREAS, the City of Iowa City, Iowa, has been informed by Emerson Point Limited Partnership that a low income housing tax credit application will be filed with the Iowa Finance Authority for the development of affordable rental housing to be located at 1355 Shannon Drive, Iowa City, Iowa with a legal description as follows: Lot 3 and Lot 4, Resubdivision of Lot 53, Walden Hills, Iowa City, Iowa, according to the recorded plat thereof recorded in Book 40, Page 230, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. WHEREAS, this housing project will contain 54 units; and WHEREAS, the units will be targeted as affordable assisted living for the elderly and persons with disabilities; and WHEREAS, the project will consist of new construction; and WHEREAS, the property will have the following amenities: 1. Handicap Accessible 2. Community Room 3. Common Serving Kitchen 4. Elevator 5. On-site Laundry 6. Limited Access Entrance WHEREAS, this resolution recognizes that rezoning for said project may be necessary and Emerson Point Limited Partnership will pursue the appropriate process to meet Iowa City's zoning requirements; and WHEREAS, this resolution does not obligate or predispose the City of Iowa City to rezoning real property or financially supporting said project; and WHEREAS, the City Council determines that such a development will serve the public interest. NOW, THEREFORE, BE IT RESOLVED by the City of Iowa City City Council, that it supports the development of said aforesaid housing project as shown herein in our community, subject to city ordinances, zoning and the building permit process. This resolution is effective until July 1, 2002. In the event that any of the characteristics mentioned above should change prior to the issuance of a building permit, this resolution is null and void. Passed and approved this 11th day of Dece~/__~(2.. Approved by CIT'Y"'CLERK City At Resolution No. 01-388 Page 2 It was moved by Champi on and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman x O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-389 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND WELLS FARGO HOME MORTGAGE, CORALVILLE, IOWA, FOR PROPERTY LOCATED AT 1612 EAST COURT STREET, IOWA CITY, IOWA. WHEREAS. the City of Iowa City is the owner and holder of a certain Rehabilitation Agreement, Promissory Note, a Mortgage and a Statement of Life Lien in the total amount of $7,450, executed by the owner of the property on August 26, 1992, and recorded on'September 10, 1992, in Book 1430, Page 222 through Page 231, in the Johnson County Recorders Office covering the following described real estate: Lot 6 in Block 2, in College Court Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 124, Plat Records of Johnson County, Iowa WHEREAS, Wells Fargo Home Mortgage, is financing a first mortgage in the amount of $73,200 to the owner of 1612 East Court Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage and Statement of Life Lien held by the City be subordinated to the loan of Wells Fargo Home Mortgage secured by the proposed mortgage in order to induce Wells Fargo Home Mortgage, to make such a loan; and WHEREAS. Wells Fargo Home Mortgage has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated the lien of said Mortgage and Statement of Life Lien with Wells Fargo Home Mortgage; and WHEREAS, there is sufficient value in the above-described real estate to secure the City lien as a second lien, which is its current 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 Wells Fargo Home Mortgage, Coralville, Iowa. Passed and approved this ].lth day of December ,20 0]. Approved by I L ~ Attorney's Office Resolution No. 01-389 Page 2 It was moved by Champ'ion and seconded by 0'Donne'l ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/resJ1612eoourt.doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City Of iowa City. herein the City, and W~ ~ -q FARGO HOME MORTGAGE of , heroin the Financial institution. REHABILITATION LOAN AGRFFMENT WHEREAS, the City is the owner and holder of a certain ~ AND MORTGAGE this time is in the amount of $ F, 450.00 and Were executed by MARY J. T,EF, (herein the Owner), dated AT~P. TTqT 76 _, 19_92._, recorded S~ER 10 19 92, in Book 1430 Page 122 through and dated AUGUbT 26 "' '19 92 ,'recorded SD:TD4BiR 10 , 19 92, in Book 1430, Page 227 through . Johnson County Recorders Office, covedng the following described real property: LOT 6 IN BLOCK 2, IN COT:fFGE COURT ADDITION TO IOWA CITY, IOWA, ACCORgING TO THE FLAT THEREOF RECORDED IN BOOK 2, PAGE 124, PLAT RECORDS OF JOHNSON COUNTY, IOWA WHEREAS, the Financial institution proposes to loan the sum of $73,200.00 on a promissory note to be executed by the Financial Institution and the Owner, secudng a mortgage covedng the real property described above; and WHEREAS, to induce the Financial institution to make such loan, it is necessary that the AGR~ AND N(')RTC~A~ 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 AGREDMENT AND MORTGAGE held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial institution. 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 heroin. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supodor to the mo~:t:ga~e of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hemto. Dated this/I day of '~pC./_g~g~',~ .20 o r ' . OF IO A CITY FINANCIAL INSTITUTION B . By Mayer Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /[ day of I'~,EE~,~.P~:e , 20 el , before me, the undersigned, a Notary Publ, ic in_, and for the State of Iowa, personally appeared by , did s~ that they am 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 co oration, by authority of its City Council, as contained in (effiieei'me) (Resduiion) No. o! - g ~:) passed (the Resolution adopted) by the City Council, under Roll Call No. of the' City Council on the l/ day of ~ ~cr=~,g-~_ 20 o.~ , and that F--r,,,.~.~- LO, 1 ,e_k,-,-,=,,,_ and Madan 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 f~, fSONDRAE IjS~i~ry ~ublic in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , A.D. 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~{~'~b'~l ~-~,v,~,""'~ . and- to me ersonally known, who being me duly sworn, did say that they are the ~J,~-_~ ~t~<,~,c~Y and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed 'and ~ on behalf of said corporation by authority of its Board of Directors; and that the said ~-, ~,-cf,~-~4~'~ and as such officem acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-390 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND FIRSTAR BANK, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 826 RIDER STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages .in the total amount of $14,900, executed by the owners of the property on March 8, 1996, and recorded on March 14, 1996, in Book 2049, Page 149 through Page 158, in the Johnson County Recorder's Office covering the following described real estate: Lot Three (3), in Block Eight (8), in Chautauqua Heights, Johnson County, Iowa, according to the recorded plat thereof, WHEREAS, Firstar Bank, is financing a Home Equity Loan in the amount of $32,000 to the owner of 826 Rider Street and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the Home Equity Loan of Firstar Bank secured by the proposed mortgage in order to induce Firstar Bank, to make such a loan; and WHEREAS, Firstar Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated the lien of said Mortgages with Firstar Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure the City lien as a third lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Firstar Bank, Iowa City, Iowa. Passed and approved this 11th dayof December ,20 01 Approved by CI'~LERK City Attorney's Office Resolution No. 01-390 Page 2 It was moved by Champion and seconded by 0'Donnel] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ,. X Wilbum ppdrehab/res/826dder,doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and FIRSTAR BANK Of Iowa City, TA , herein the Financial Institution. WHEREAS, the City is the owner and holde of a certain mortgages which at this time are in the amount of $ 1~ 0 and were executed by r,~.,~ .ha ,9 0 Alison Abreu (herein the Owner), dated MArch R, |996 , recorded March 14, 1996 , , in Book 2049, Page 149 through 158, Johnson County Recorder's Office, covedn9 the following described real property: ' ' Lot 3in Block 8, in Chautauqua Heights, Johnson County, Iowa, according to the plat thereof. WHEREAS, the Financial Institution proposes to loan the sum of $ 32,000 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 mortgages 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 foliowE 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted mor~gpq 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. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the mortgages Of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 3rd day of December , 20 OF IOWA CI'~~~__)__~ FINANCIAL INSTITUTI.ON Mayor By Attest: CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this l/ day of J~EC,~f~IME~ , 20C,/., before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 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 (OT'difTance~_) (Resolution) No. ol-~clb passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the // day of '~EC.~GE/-~ , 20 ol , and that and Madan 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. tSONDRAEFORT I "~CTr, C6'~Cd,_ '~Commlssion Number 159 M_~C..o~.,~I~Exp~1 Notary Pubtic in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~'-"P day of /"o~cc,,.-/-,-~- , A.D. 200 t , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared S-t~.~c,, L- Q ~;~ul~ and ~ , to me personally known, who being by me ly sworn, did say that they are the ,.fiha ,~..,,,,' X-f,~%~..~. and ""' , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said ' ,,4-~ta p-- d/~. and as such officers acknowledged the e~ of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-391, RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK & TRUST COMPANY, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 1909 DELWOOD DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages and a Promissory Note in the total amount of $34,745, executed by the owner of the property on October 16, 2000, and recorded on October 20, 2000, in Book 3012, Page 624 through Page 635, in the Johnson County Recorders Office covering the following descdbed real estate: Lot 204. Mount Prospect Addition, Part IV, an Addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 18, Page 50, Plat Records of Johnson County, Iowa. WHEREAS, Iowa State Bank & Trust Company, is financing a first mortgage in the amount of $89,000 to the owner of 1909 Delwood Drive and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgages held by the City be subordinated to the loan of Iowa State Bank & Trust Company secured by the proposed mortgage in order to induce Iowa State Bank & Trust Company, to make such a loan; and WHEREAS, Iowa State Bank & Trust Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated the lien of said Mortgages with Iowa State Bank & Trust Company; and WHEREAS, there is sufficient value in the above-described real estate to secure the City lien as a second lien, which is its current 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 Iowa State Bank & Trust Company, Iowa City, Iowa. Passed and approved this llth day of December ,20 01 . Approved by Resolution No. 01-390 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilbum ppdrehab/res/1909delv~oddr,doc SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa State Bank & Trust Co of Iowa City. Iowa , herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain mortgage which at this time are in the amount of $ 34. 745 and were executed by Pamela J. Thodos O (herein the Owner), dated ctober 16. zuuo , recorded OCtober 20 2000, in Book 3012, Page through 635 , Johnson County Recorder's Office, covedng the following described real property: ° ' Lot 204, Mount Prospect Addition, Part IV, un Addition to the City of Iowa City, according to the plat thereof recorded ~n Book 18, Page 50, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $ Rq 7nn 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 mortgages 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 mutua} 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 mortgages 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 I nstitution. 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. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mort:gages of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the par0es hereto. Dated this 4tb day of December ,20, 01 B~.~~..;, CITY FINANCIAL INSTITUTI.C)N ~L By Mayor By ~a ~ ~ ~ ~  Vi Preside~ ne ze ,, n or ce A~est: e J f , Vice President CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this // day of ~I;C-~/~,~F['< , 20 0~., before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ~'~rn.~.s~ CO. ~ 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 a~xed 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. a ~ - ~ I passed Council on the // day of , 20 ~ ~ and that ~cn~s~ ~. L~ and Marian K. Karr acknowledged the execution of the ..... instrument to be their volunta~ act and deed and the volunta~ act and deed 'of the corporation, by it voluntarily executed. ~c0~'9~ Nota~ Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 4th day of December , A.D. 2001 , before me, the undersi ned, a Notary Public in and for the State of Iowa, personally appeared l~,~ne ~ S~Tartzendruber and Jeffrey J. NieZsen , tO me personally known, who being by me duly sworn, did say that they are the Senior Vice President and Vice President , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Dua~e 7. Svart:zendruber and Jeffrey J. Nielsen as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. usa P~TS.SO. Pu(~lic in anctfor the State of Iowa ppdcdbg~ubrdntnagt.doc Prepared by: David Schoon, Eco. Dev., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5236 RESOLUTION NO. 01-392 RESOLUTION IN SUPPORT OF THE ENGLERT CIVIC THEATRE'S APPLICATION FOR COMMUNITY A'R'RACTION AND TOURISM DEVELOPMENT GRANT FUNDING FOR THE RESTORATION OF THE ENGLERT THEATRE. WHEREAS, the City Council of the City of Iowa City, Iowa, has heretofore deemed it necessary and desirable to increase the amount of community attractions and tourism within the City; and WHEREAS, the renovation of the Engled Theatre will be a welcome addition to Iowa City's historical and cultural attractions; and WHEREAS, the Englert Theatre, located in the Central Business District of Iowa City, will supplement and compliment the overall experience of visitors to the Central Business District; and WHEREAS, consequently, both the Theatre and other downtown businesses will be able to draw on one another's patrons to increase the total number of visitors to and tourism dollars spent in the City of Iowa City; and WHEREAS, increased tourism and shopping will result in increased employment opportunities to members of the local community; and WHEREAS, acknowledgment of the overall benefits that the Englert Theatre can bring to the community is evidenced by current financial contributions of approximately $1.3 million dollars and $233,000 of in-kind support; and WHEREAS, the City of Iowa City has demonstrated its commitment to the renovation of the Englert by assisting the Theater in its private and public fundraising efforts by providing approximately $323,000 in assistance; and WHEREAS, the Division of Tourism of the Iowa Department of Economic Development provides financial assistance for development of community and tourism attractions and tourism; and WHEREAS, as a condition precedent to obtaining said funding, the applicant must submit a grant application that demonstrates need and local support; and WHEREAS, it would be in the best interest of the citizens of the City of Iowa City to assist in the aforementioned grant application to the fullest extent possible. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Council does hereby acknowledge the substantial benefit that will be received by the community as a result of the Englert Theatre project and correspondingly, does hereby offer its formal support of renovation of the Theater. BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized and directed to assist the Theater to the fullest extent practicable in its application for community attraction and tourism development grant funding. Resolution No. 01-392 Page 2 Passed and approved this 11th day of December ,20 01 _ It was moved by Champion and seconded by O'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn Dear City Council Members, I would like to update you on the progress The Englert Civic Theatre group has made over the past year. On the national level, the Englert Theatre has been designated as an Official Project of "Save America's Treasures," a program of the National Trust for Historic Preservation. The building has also been placed on the National Register of Historic Places. We have raised $950,000 in cash and pledges, We have received $478,300 in grant money. We have over $230,000 of In-kind support. The rehabilitation project wilt be accomplished in three Stages that have been sub divided into eight phases. Currently, the ECT is in Phase III. We have hired architect John Shaw, the engineering firms of Shive-Hattery and Shoemaker & Haaland, and theater designer Rick Loula. We contracted with West Branch Roofing Company to remove obsolete structures and replace the entire roof. Stage I will take 3-4 months more to complete. Stage II, given proper funding could be accomplished within a year. Stage III is ongoing until we formally open the building. Staqe h Occupancy Code Phase I: Removal of the following: two movie screens; gypsum board covering the proscenium arch, plywood covering the orchestra pit, and the wall dividing the auditorium into two separate sections. Phase Ih Hiring of an architect. engineers, and a theater design expert to develop construction plans. Phase II1: Installation of a new roof and insulation. Repair and upgrades of HVAC, plumbing and electrical systems. Removal of the 1926 wooden catwalks and gravity-operated scenery drops above the stage. Installation of the steel grid theater rigging, sprinkler, and fire alarm systems. Englert Civic Theatre, Inc. ~ 221 E. Washington Street ~ Iowa City, Iowa 52240 (319) 688-2653 ~ www. engiert. org Staqe I1: Facility Upgrade and Historic Restoration: Phase IV: Installation of an elevator to the second and third floors. Adaptation of the second floor as an art gallery and meeting space, and the third floor as office and classroom spaces. Phase V: Installation state-of-the-art lighting and sound systems. Rebuilding of the stage floor. Refurbishing of below-stage dressing rooms. Phase Vh Removal of the lobby concession stand, wall coverings, carpeting and acoustic ceiling. Rebuilding of the box office and defining vestibule/lobby wall to the speciflcetions in the recently rediscovered1926bluepdnts. Repair/restorationoflobbysurrace treatments including; slate floors, marble stairs, faux stonework wall treatments, pointed stairway loggia arches, domed plasterwork ceiling, and paint finishes. Phase VII: Repair and restoration of the historic auditorium surfaces. Repair and reupholstering of auditorium seats. Phase VIII: Repair of the landmark 1940s marquee and Washington Street facade, including restoration of exterior display cases. Sta.qe II1: Operation of Facility: Pre-opening costs $100,000 to cover utilities, insurance, staff, dudng 12 month pre-opening period. We are collaborating with many local entities to push this project further and establish a community spirit and bond with the Englert Civic Theatre. These entities and projects include: · Iowa City Community Theatre: ICCT will make the Englert Theatre its home base. ICCT, a longtime local company, is committed to a schedule of 4 productions each year, with six performances per show. Dates for these performances are already projected through 2003. · Arts Iowa City: The Englert Group has signed a consortium agreement with Arts Iowa City to plan, develop, and operate a multi-functional art gallery on the second floor, in the area that had initially been the Englert family apartment. The gallery will have display walls and pedestals that can be quickly and easily moved. Thus the gallery can simultaneously be used as a small performance area, seminar room, or reception hall. Arts Iowa City has a 27-year history of working collaboratively with both businesses and other non-profit organizations. · Cultural Incubator: The Englert Group is currently working with the John Pappajohn Entrepreneurial Center's Business Consulting Class at the University of Iowa Business School to create a strategic plan and business plan for the non-theater portion of the third floor. The Englert Center will be a shared business office complex for cultural organizations. Currently the organizations who have expressed interest in collaborating to form this cultural incubator are: Arts Iowa City, Iowa City Community Theater, Iowa Arts Festival, Iowa City Jazz Festival, The Downtown Association, The Friends of Historic Preservation and the University of Iowa Center for Effective Non-Profit Management. In addition to in-residence organizations, we anticipate offering modular support services to non-resident small non- profit cultural groups as well as independent performing or visual artists, writers, and historians. This idea fits extremely well into Iowa Governor Tom Vilsack's "Imagine Iowa 2010" initiative. · Local Business: We are also in discussions with local business proprietors concerning Englert's two storefronts facing Washington Street, and the Englert apartment kitchen on the second floor. It is our intent to collaborate with existing businesses to operate these areas with the profits benefiting the organizations participating in the Engiert Center. · Englert Night Out: One of our major fundraisers is "Englert Night Out," a non-alcoholic community celebration for New Year's Eve. This is a leveraged funding event for the community, and by the community. Scores of individuals, more than 20 performance groups, three dozen artists, five service organizations, 38 businesses, and the City of Iowa City will collaborate to make this event a success. · Englert Annual Road Race: The first Englert Road Race in the summer of 2000 drew 250 runners and crowds of enthusiastic supporters. The good will and publicity generated encouraged the Englert event planners to organize the Englert road race as an annual event. Plans are underway for having guest runners, a celebrity race starter, and pre-race dinner to encourage maximum participation in the third annual road race. Estimated participation: 1000. · Compact Disc: A group of local musicians have collaborated to create and release a CD for the benefit of the Englert. This CD by MUSE ( Musicians United to Save the Englert ) has original songs by Greg Brown, Big Wooden Radio and other local groups. Plans are underway to make this a yearly collaboration between local musicians, Trailer Records and The Englert Civic Theatre. Tourism Value: Iowa City has made a consistent and concerted effort to strengthen and promote the arts. Our community has not yet reached critical mass, but we are rapidly approaching it. With the completion of the Englert Civic Theatre complex that cdtical mass will be reached. We anticipate attracting a large number of tourists from metropolitan communities that are within 300 miles. This includes Minneapolis, Milwaukee, Chicago, St. Louis, Kansas City, and Omaha. More and more people are beginning to take short trips away from home. That coupled with the new trend of visiting the small arts towns of America places us in an exceptional position. We are just far enough for the tourist to feel they have had an adventure. Based upon data collected by the Advocacy Committee of the National Arts Educetom Association: If our community continues for the next three years the concerted effort of the past, the arts in Iowa City should bring in millions in tourist dollars, and some of those dollars will be left on the highways and byways from there to here. Relocation Value: A synergy is developing among the arts in Iowa City. That vitality is beginning to be noticed nationally. In the past three years, several publications have listed Iowa City as a desirable place to live. The most recent is the March 19, 2001, issue of The Wall Street Journal, which devoted an entire page to relocating retirees from New York and Boston. Cultural benefits ranked high in their decisions to make Iowa City their home. Those same cultural benefits, when fully developed, will attract business and in turn provide employment opportunities. As you can see, the Englert Civic Theatre group has been working hard towards not only restoring one of Iowa City's great landmarks, but they are also taking the steps to insure irs future viability as a cultural center of Iowa City. It will be something that we all can be proud of! Englert Civic Theatre Inc. Budget for the pedod: 01/01/00 to 11:3/01/01 INCOME Source: Amount: Government Grants and Contracts: Save America's Treasure's 365,000 State Historical Society - Histodc Site Preservation Grant 100,000 Iowa Department of Cultural Affairs - Community Cultural Grant 10,000 National Trust for Histodc Preservation - Cynthia Mitchell Fund 3,300 Corporations: City of Iowa City 200,000 Iowa City Community Theatre 50,000 Praide Lights 25,000 Iowa State Bank and Trust 15,000 Iowa Press Citizen/Gannett Corporation 10,000 Firstar 10,000 Proctor and Gamble 10,000 Truart 5,000 Individual Contributions &Pledges 762,017 Fundraising Events and products 52,882 = $1,293,199 In-kind Support John Shaw, architect 30,000 Rick Loula, Theatre Design 20,000 Tom Goedken, Accountant 12,000 Shive Hattery, Engineers 6,000 Shoemaker & Haaland, Engineers 5,110 Tom Gelman, Lawyer 4,500 Jan Nash, Architectural Historian 3,075 Cook Appraisal 2,870 Iowa City Press Citizen / Gannat Corporation (Print /Advertising) 90,000 KCJJ ( Advertising ) 10,000 National Guard, Fdends of Histodc Preservation Wall Removal / Demolition 20,000 Events, Artists and Musicians 20,000 Frowein Office Plus 2,000 Dods Lisle 4,000 Community Credit Union, Keith Achepohl pdnts 2,000 Goosetown Graphics 625 Colorworks 480 International World of Bikes 300 = $ 232,960 TOTAL INCOME: $1,526,159 EXPENSES Source: AmOUnt: Salades &Wages 17,744 Consultant / Professional Fees 29,469 Demolition/New roof 109,212 Licenses / permits 520 Equipment rental 970 Repairs 530 Insurance 8,888 Utilities 18,079 Events 5,608 Publicity 1,511 Legal Fees 56 Memberships, dues / subscriptions 365 Bank Charges 906 Office Supplies 578 Postage &Delivery 2,329 Printing and Reproduction 7, 164 Miscellaneous 6306 TOTAL EXPENSES $210,235 Total income 1,293,199 Total expenses 210,235 BALANCE $ 1,360,135 City of Iowa City MEMORANDUM TO: City Council FROM: City Manager DATE: October 31, 2000 RE: Englert Theatre Building The City of Iowa City purchased the Englert Theater Building from Pohl Family Properties on February 8. 2000 for approximately $753, 400. The City paid $700,000 and the remainder was paid by the Iowa City Jazz Festival, representing the Englert Coalition, from funds previously raised by the Coalition. The purchase agreement provides that if the City has not entered into a purchase agreement with a not-for-profit entity (intended to be Jazz Festival or the Englert Coalition) within g0 months to sell the building, Pohl Family Properties will purchase the building back for the original purchase price. The 9-month pedod ends November 8, 2000. The City, in turn, agreed to sell the building to Iowa City Jazz Festival (representing the Englert Coalition) for $500,000 if purchased within the 9-month period specified. This was to represent a $200.000 contribution by the City to this initiative. We have projected the costs to the City associated with ownership of the Englert Building for the 9-month pedod as follows: Lost Interest Income over 9 Months on $700,000 $34,125 Property taxes (pro-rated for the 9-month pedod) $16,888 Management of rental units, building maintenance, utility costs, etc. $13,564 Revenue from rental units (February 8 - July 31 ) ($ 7,450) Additional miscellaneous costs (recording fees, insurance, etc.) $ 1,321 Total projected expenses (February 8 ~ November 8) $58,448 The recent proposal from the Englert Coalition is for the City to sell the building to the Coalition on a four-year, no-interest contract with $100,000 down and payments of $100,000 on November 8 of each of the succeeding four years. The Finance Director estimates the City would lose approximately $65,000 in interest revenue over that four-year contract pedod on the outstanding balance. Including the proposal for a contract sale, the total cost to the City could be as follows: Lost interest plus actual costs (February 8 - November 8, 2000) $ 58,448 Lost interest on no-interest, four-year contract sale $ 65,000 Initial City commitment to write down the cost to the Coalition by $200.000 $200,000 Total $323,448 B t2-11-01 5i Prepared by: Robert Mikb, St. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB01-00009) RESOLUTION NO. 01-393 RESOLUTION APPROVING THE PRELIMINARY PLAT OF FIRST AND ROCHESTER, PART 4, IOWA CITY, IOWA. WHEREAS, the owner, Plum Grove Acres, Inc. filed with the City Olerk of Iowa Oity, Iowa, an application for approval of the preliminary plat of First and Rochester, Part 4; and WHEREAS, the Department af Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval;.and. WHEREAS, the Planning and Zoning Oommission 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 Oity Ordinances af the Oity of Iowa Oity, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE OITY COUNOIL OF THE CITY OF IOWA OITY, IOWA THAT: 1. The preliminary plat of First and Rochester, Part 4, Iowa Oity, Iowa, is hereby approved. 2. The Mayor and Oity Olerk af the Oity of Iowa City, Iowa are hereby authorized and directed ta certify this resolution, which shall be affixed to the plat after passage and approval by App~.rD'~ed by / · ATTEST:CiT~LER~K '7~. '~X,4~) /' ' It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn ppdadmin\res\lstrochester4,doc j 12-11-0t 5k Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01--00020) RESOLUTION NO. 01-395 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF VILLAGE GREEN PART XXI, IOWA CITY, IOWA. WHEREAS, the owner, Third Street Partners, filed with the City Clerk the final plat of Village Green Part XXI, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Outlot "A" of Village Green Part XVIII, in accordance with the Recorded Plat thereof, said Outlot 'A" is a Portion of the Southeast Quarter of the Southeast Quarter of Section 13, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa. Said Outlot "A" contains 1.53 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary and final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and subdivision and recommended that said final plat and subdivision be accepted and appreved; and WHEREAS, the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said preliminary and final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said preliminary and final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of easements as provided by law. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No. 0~_-395 Page 2 Passed and approved this 1:].th day of December ,20 0].. MAYOR Approved by ATTEST: ')"~ ~. CITY'CLERK City Attorney's Office It was moved by Pfab and seconded by ,~. Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner Z Lehman X. O'Donnell × Pfab X Vanderhoef X Wilbum Prepared by: Shelley McCaffedy, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5243 (SUB01-00015) RESOLUTION NO. 01-396 RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAGE GREEN, PARTS 19 -20, IOWA CITY, IOWA. WHEREAS, the owner, Third Street Partners, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Village Green, Parts 19 - 20; 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 Village Green, Parts 19 - 20, 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 cedify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 11th day of Decmeber 20 01 MAYOR Approved by CITY'CLERK City A'tt-or~e~'s ~'ffice It was moved by Pfab and seconded by Champ'ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ;( Vanderhoef X Wilburn ppdadrnin\res\villgrn 19&20.doc Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 01-397 RESOLUTION APPROVING DAVID DAHLQUIST AS THE ARTIST FOR THE NEAR SOUTHSIDE TRANSPORTATION CENTER PROJECT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DAHLQUIST CLAYVVORKS, INC. WHEREAS, the Near $outhside Transportation Center includes a public art component per the submittal to the Federal Transit Administration (FTA Grant Mo. IA-03-0086) dated November, 2000; and WHEREAS, the Public Art Advisory Committee recommended by a vote of 7 - 0 at their meeting on November 1, 2001, David Dahlquist as the artist to design and work through a community participation project for the decorative fence along the childcare center's play area, and as the artist to design visual way-finding for the parking levels in the Transportation Center; and WHEREAS, the attached agreement sets forth the scope of services to be provided by David Dahlquist through Dahlquist Clayworks, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The agreement attached hereto is in the public interest and is approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest said agreement in duplicate. Passed and approved this ].].t.h day of December' ,20. 0! ~'['~oved by /"~t ' . CI'I'Y'h:~LERK uity Attomeys Office It was moved by Champion and seconded by Vanderhoef the Re, solution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum ppdadm/res/dahlq uist doc Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 AG~,EEMENT FOR ARTIST'S SERVICES FOR DESIGN AND EXECUTION OF ARTWORK FOR THE NEAR SOUTHSIDE TRANSPORTATION CENTER THIS AGREEMENT, made and entered into this/~' day 0~001 by and between the City of Iowa City, hereinafter referred to as the "City" and Dahlquist Clayworks, Inc. of Des Moines, Iowa, hereinafter referred to as the "Artist". WHEREAS, the City seeks to utilize the professional services of the Artist for the design and execution of the art components of the Near Southside Transportation Center (FTA Grant No. IA-03-0086), hereinafter referred to as the "Project"; and WHEREAS, the art components of the Project, hereinai~ter referred to collectively as "Art Work", consist of a decorative fence on the exterior of the play area for the child care center portion of the Project, hereinafter referred to as the "Fence", and visual way-finding for the parking levels of the Project, hereinafter referred to as "Signage"; and WHEREAS, it is understood that the Fence will involve a community participation component and the Signage will not; and WHEREAS, the Artist will provide design, execution and oversight services for the Fence and Signage projects. NOW, THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Artist to provide services as set forth herein. ARTICLE 1. PROJECT DESCRIPTIONS AND SCOPE OF SERVICES 1.1 Fence--project description. A. This project involves the design and execution of a decorative fence along the outdoor play area of the childcare center in the Project. This project is to include a community participation component to engage residents of the community in this public art project. This participation may be in the design and/or execution phases of the Fence. B. This project will consist of a design phase and a construction phase. 1.2 Fence Project Scope of Services A. Artist agrees to perform the following services for the City, and to do so in a satisfactory manner consistent with the Call to Artists, Exhibit A attached hereto, and the provisions of Section 1.6. 1. Develop concept for a decorative fence along the east boundary of the childcare center outdoor play area. 2. Work with the Project architect to coordinate the design and construction of the fence with the construction of the project. 3. Develop a plan and methodology for incorporating a community participation element into the production of the fence. 4. With the assistance of the City, arrange for the community participation element. 2 5. Coordinate the community participation element of the project with the construction of the Fence, as appropriate. 6.. Be responsible for the fabrication/construction and installation of the fence including oversight, and the hiring and supervising of any subcontractors as necessary, 1.3 Siqnaqe proiect description This project involves the design and execution of visual way-finding in the parking levels of the Project. The design phase will include working with the parking consultants for the Project, Desman Associates and the Project Architect, OPN Architects. 1.4 Siqnaqe project scope of services Artist agrees to perform the following services for the City, and to do so in a satisfactory manner consistent with the Call to Artists, Exhibit B attached hereto, and the provisions of Section 1.6. 1. Design a concept for way-finding on the parking levels of the Project (4 or 5 levels). This design may be for a two or three-dimensional medium and should result in a logical progression of visual cues to enhance the ability of the public to find their way through the various parking levels. The visual image should be translatable to an icon in an elevator. 2. Coordinate design concept with the Project Architect and Project Parking consultant. 3. Oversee and/or install Signage. '1.5 Administrative Services A. The Artist shall consult with the Project Architect and their sub-consultants as necessary. B. The Artist shall make presentations to explain the design of the Fence and Signage to representatives of the City, the Public Art Advisory Committee and the City Council, as requested by City. C. Final approval of designs shall be by the City Council. D. The Artist shall be responsible for hiring and supervising any subcontractors, other than those contractors and subcontractors hired for the Project, needed to fulfill the requirements of this Agreement. 1.6 Schedule of Completion A. The Artist shall complete the services noted in this Agreement in a~cordance with the schedule shown. The City and the Artist shall make all practicable efforts to meet the obligations imposed by this schedule and provide the necessary information, review and decisions identified in accordance with the schedule. B. Schedule of work: 1. Initial project meeting with the Project Architect by mid-December, 2001. 2. Complete preliminary design of Fence by March 1, 2002. 3. Complete design of Fence by April 1, 2002 4. Begin work on Signage with Project parking consultant by March 1, 2002. 5. Council approval of Fence design by April, 2002. 3 6. Complete preliminary design for Signage by June, 2002. 7. Complete design for Signage by August, 2002. 8. Council approval of Signage by August 20, 2002. 9. Complete community participation plan by September, 2002. 10. Execute community participation component of Fence by June, 2003 11. Install Fence by September, 2003 12. Execute Signage project by December, 2003. As outlined, this schedule represents eight (8) trips to Iowa City by the ARTIST, including two (2) days for the community participation portion of the project. C. Modifications of the individual portions of this schedule can be made upon mutual agreement of the Artist and the City. D. Project representatives: 1. The following individuals are designated to represent the parties to this agreement. As far as practicable, representatives assigned by all parties shall remain assigned to the project through Final Completion. 2. City's Designated Representatives: a. Karin Franklin, Director, Dept. of Planning & Community Development City of Iowa City 410 E. Washington Street Iowa City, IA 52240 319-356-5232 karin-fra nklin~,iowa-city.or.q b. Bradd Brown, AIA, Principal or Brad Lang, AIA OPN Architects, Inc. 625 First St. S. E., Suite 460 Cedar Rapids, IA 52401 319-363-6018 bbrown~opnarchitects.com 3. Artist's Representative a. David Dahlquist Dahlquist Clayworks, Inc. 316 S.W. Fifth Street Des Moines, IA 50309 515-284-1675 515-246-0459 FAX dbdclay~,aol.com 1.7 Post Installation A. Within 30 days after the installation of the Art Work, the ARTIST shall furnish the CITY with a minimum of twenty-four (24) 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. 4 B. The CITY shall arrange photographic documentation of the site and the installed Ad 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 CITY written instructions for appropriate maintenance and preservation of the Art Work. 1.8 Final Acceptance A. The ARTIST shall advise the CITY in writing when all services in Sections 1.1 through 1.7 have been completed in substantial conformity with the Proposal. B. The CITY shall notify the ARTIST in writing of CITY'S final acceptance of the Art Work. The CITY and ARTIST shall meet on the site immediately after the installation of the work. At that time, CITY will either finally accept the work or present the ARTIST with a listing of any aspects of the work or installation that need correction. C. Final acceptance shall be effective on the date of the CITY'S written notification to ARTIST of final acceptance. 1.9Risk of Loss The risk of loss or damage to the Art Work shall be borne by the ARTIST until final acceptance by the CITY, and the ARTIST shall take such measures as are necessary to protect the Art Work from loss or damage until final acceptance, including insurance coverage under an Inland Marine Floater naming the City as an additional insured. If, however, installation is delayed and City stores the Art Work pursuant to Section 3.2 hereof City shall bear the risk or loss of damage while the Art Work is in storage. 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. 1.10 Liability, Indemnification and Insurance A. The ARTIST agrees to indemnify, defend and hold CITY 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 themselves or by any §ubcontractor or by anyone directly or indirectly employed by either of them. B. Upon final acceptance of the Art Work, the CITY 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 CITY 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 their employees or of any person other than their 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 their performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1.11 Title Title of the Art Work shall pass to the CITY upon CITY'S final acceptance of the completed Art Work. ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 Fixed Fee The CITY shall pay the ARTIST a fee not to exceed Forty Thousand Dollars ($40,000), which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by the ARTIST under this agreement. Expenses shall include all travel and lodging required for the ARTIST to fulfill his obligations under this contract. The fee shall be paid in the following installments, expressed as percentages of such fixed fee, each installment to represent full and final, non refundable payment for alt services and materials provided prior to the due date thereof: A. Ten percent (10%), or $4,000, within thirty (30) days after execution of this agreement. B. Payment of invoices, purchase orders or statements for expenses and materials, upon receipt of the same, to a maximum of eighty percent (80%) of the contract price, but not to exceed $32,000. C. Ten percent (10%) within thirty (30) days after final acceptance of the complete project. If the ARTIST elects to utilize the CITY'S services and materials during installation, those fees shall be deducted from the final payment due the ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all mailing or shipping charges on submissions to the CITY, the cost of transporting the Art Work to the site and the costs of alt travel and lodging by the ARTIST and the ARTIST'S agents and employees necessary for the proper performance of the services required under this agreement. ARTICLE 3. TIME OF PERFORMANCE 3.1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the Art Work pursuant to Section 1.6, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the CITY. 3.2 Construction Delays If, when the ARTIST completes fabrication or procurement of the Art Work in accordance with the approved schedule and notifies the CITY that the Art Work is ready for installation, the ARTIST is delayed from installing the Art Work within the time specified in the schedule as a result of the construction of the site not being sufficiently complete to permit installation of the Art Work, the CITY shall provide storage, or reimburse the ARTIST for reasonable transpodation 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 Ad Work. In addition, the CITY shall reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site due to delays caused by the CITY or the Contractor, Such reimbursements shall be expenses in addition 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 CITY 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 pedormance of the ARTIST'S services impossible or unexpectedly burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the CITY in the event that there is a delay on the part of the CITY in performing its obligations under this Agreement due to conditions beyond the CITY'S control or Acts of God which render timely performance of the CITY'S services impossible or unexpectedly 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 CITY, 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 CITY hereunder, if followed, will achieve their intended result. The warranties described in this Section 4.2 shall apply to the Art Work only and not to the surrounding structure, and shall survive for a period of five years after the final acceptance of the Art Work, excluding deterioration or damage caused by circumstances not in the ARTIST's control, such as vandalism, theft, abuse of the surface finishes, chemical runoffs or spills, or accidents. The CITY shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the CITY, and at no cost to the CITY, cure reasonably and promptly the breach of any such warranty which is curable by the ARTIST and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the Art Work). ARTICLE 5. REPRODUCTION RIGHTS 5.1 General 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, except as limited herein. 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 CITY. The ARTIST grants to the CITY 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 CITY shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTIST'S NAME], date of publication. 5.3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the Art Work. 5.4 Reqistration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the Art Work in the ARTIST'S name. ARTICLE 6. ARTIST'S RIGHTS 6.1 Identification The CITY shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the Art Work, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6.2 Maintenance The CITY recognizes that maintenance of the Art Work on a regular basis is essential to the integrity of the Art Work. The CITY 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 1.7D. 6.3 Alteration of the Work or of the Site A. Except as provided under subsection 6.3(b), below, the CITY agrees that it will not 8 intentionally damage, alter, modify or change the Art Work without the prior written approval of the ARTIST. B. The CITY reserves the right to alter the location of the Ar[ Work; relocate the Art Work to another site; and remove the Art Work from public display. The following provisions shall apply to relocation or removal: 1. While the CITY shall attempt to remove Art Work in such a way as to not affect the Art Work, it is the parties understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the Art Work. The ARTIST acknowledges that this provision shall qualify under 17 U.S.C. Section 113 (d) so as to waive rights under 17 U.S.C. Section 106A. 2. If, at the time of removal, it is determined that the Art Work may be removed without damage, alteration, modification, destruction, distortion or other change, CITY shall give notice as required by 17 U.S.C. Section 113 (d) (2) and (3). On completion of the Ad Work, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U.S.C. Section 113 (d) (3). The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the Art Work. 6.4 Permanent Record The CITY shall maintain on permanent file a record of this Agreement and the location and disposition of the Art Work. ARTICLE 7. ARTIST AS INDEPENDENT CONTRACTOR. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the CITY. The ARTIST shall not be supervised by any employee or official of the CITY, nor shall the ARTIST exercise supervision over any employee or official of the CITY. ARTICLE 8. ASSIGNMENTS, TRANSFER, SUBCONTRACTING 8.1 Transfer of Interest Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontractinq 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 Art Work and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain approval from the CITY prior to hiring any subcontractor. If the CITY does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the CITY. ARTICLE 9. TERMINATION If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper 9 manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting pady of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the CITY, the CITY shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the CITY'S option become its property, provided that no right to fabricate or execute the Art Work shall pass to the CITY and the CITY shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the CITY in exchange for all finished and unfinished related Art Works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by the ARTIST, and the CITY may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the CITY from the ARTIST is determined. ARTICLE 10. COMPLIANCE The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTIST'S services under this agreement. ARTICLE 11. GENERAL TERMS 11.1. The Artist shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. A. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is agreed by the City 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 City agrees to furnish all reasonable assistance in the use of these records and files. 11.3 At the request of City, the Artist shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary. Any requests made by the City 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 Section 1.6. Any additional trips, beyond those outlined in Section 1.6, will require compensation of the ARTIST in addition to the amount cited in Section 2.1, at the rate of $100/hour or $800/day. 11.4 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. 10 11.5 Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by City. 11.6 Upon signing this agreement, Artist acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory prohibition enumerated in Section 362.5. ARTICLE 12. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. ARTICLE 13. MODIFICATION No alteration change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the CITY. ARTIST CITY ~ DD~ildq u~s~c~aU~/~o ~ks, i n c. ~/// ~" Ernest W. Lehman, Mayor Des Moines, Iowa A~EST Mar~ K. Kart, Clerk C~ty ppdadm/ag~dahlquist.d~ EXHIBIT A Call 1'o Arfisfs The Public Art Advisory Committee of the City of Iowa City is issuing an Open Call to Iowa artists for design, coordination, and installation of a decorative fence, incorporating tiles, around a daycare center play area in downtown Iowa City. This is intended to be a commu- nity participation art project. Projecf Paramefers · This is to be a community participation ar~ project, engaging the public in the creation of the tiles. · Height of the fence may vary but must be a minimum of 5 feet & a maximum of 8 feet; overall length of the fence is approximately 96 to 112 feet. · Since this project involves a daycare center, safety is of utmost concern. Climbable surfaces are discouraged. · The design of the fence must meet all building code and daycare center regulations. · Materials and design must be durable. The fence will be subject to interaction with the public 24 hours a day. · Maintenance methods must be developed and documented. · Artist must be able to coordinate work with the project architect. Projecf Budgef Budget Will include design; coordination time; food, lodging and transportation for the artist; materials; shipping if necessary; and oversight of installation. Total budget for the project should not exceed $30,000. Projecf Timeline Work with the project architect will begin immediately u pon execution of a contract with the artist; community tile work will occur prior to installation; installation will occur between Spring/Summer 2003. Selection Process Submitted materials will be reviewed by the PublicArt Advisory Committee and a recom- mendation of a selected artist made to the City Council. Final selection of the artist is made by the City Council. Deadline for Receipf of aferials: Friday, October 5, 200~ by 5:00 P.~. EXHIBIT A p.2 Iowa £ify . rf Program Communify Arf Pro. jecf Opporfunify Background and Sire Description The City of Iowa City, through a grant from the Federal Transit Administration Livable Cities program, is undertaking construction ora transportation center in downtown Iowa City. This center will include a bus station, public parking, bicycle parking and a daycare center. The daycare center will include an outdoor play area fronting on Dubuque Street. A percent of the entire project budget is allocated for public art. One of the focal points for public art will be the fence enclosing the outdoor play area of the daycare center. The City is interested in pursuing a community public art project in which an artist is en- gaged to design the fence, including a tile element, and to work with members of the community in the creation of the tiles. The artist would also be responsible for overseeing the installation of the fence. The architectural firm of OPN Architects of Cedar Rapids has been hired to design the transportation center. The artist is expected to work with the architects on the integration of the fence into the project. The site of the transportation center is south of Burlington Street on the edge of downtown Iowa City. It includes approximately one-half block between Burlington and Court streets, along Dubuque Street. Directly across from the center are apartments, offices and senior housing; to the south is the U.S. Post Office; and to the north are commercial uses and the Sheraton Hotel. Redevelopment is anticipated to the west on the remainder of the block. Design Considerafions/Pro'jecf §oals · To engage the community in a public art project · To enhance the area with an easily maintained public art element · To provide a functional yet decorative fence appropriate for a daycare center · To assure the security and safety of the children in the daycare center. EXHIBIT B p.1 Call To Arfisfs The PublicArt Advisory Committee of the City of Iowa City is issuing an Open Call to Iowa artists for the design of an alternative way to supplement and enhance the signage of parking levels in a downtown parking facility. Pr0jecf Paramefers · The outcome of this project should be a visual presentation Jn a two or three- dimensional medium of the logical progression of levels in a parking facility to enhance the public's ability to find their way. · The visual image must be translatable to an icon in an elevator. · Artist must be able to coordinate work with the project architect and parking signage consultant. · Materials and design must be durable. The resulting project will be subject to interaction with the public 24 hours a day in areas that are not staffed. · Maintenance methods must be developed and documented. Pr0jecf Budgef Budget will include design work; food, lodging and transportation for the artist; materials; shipping if necessary; installation and any subcontracting. Total budget for the project should not exceed $~ 0,000. Pr0jecf limeline Work with the architect for the transportation center begins immediately upon execution of a contract with the artist; installation will occur in the Summer of 2003. Selection Process Submitted materials will be reviewed by the PublicArtAdvJsory Committee and a recommendation of a selected artist made to the City Council. Final selection of the artist is made by the City Council. Deadline for Receipf of ~aferials: Friday, October 5, 200'1 by 5:00 P.M. F~HIBIT B p.2 Iowa Cify Public Arf Program Projecf Opporfunify Background and Sire Descripfion The City of Iowa City, through a grant from the Federal Transit Administration Livable Cities program, is undertaking construction of a transportation center in downtown Iowa City, This center will include a bus station, public parking, bicycle parking and a daycare center. The parking component will have 4 to 5 levels. A percent of the entire project budget is allo- cared for public art. One of the focal points for public art will be enhancement of signage for the parking levels. The City is looking for an artist with experience in two or three-dimensional mediums to design a system of visual indicators for the vadous levels of parking in the center. Although the parking ramp consultant will be responsible for designing conventional signage for the parking system, a creative and interesting system of indicators of parking level locations is sought to enhance the parking component of the structure. The firms of OPN Architects of Cedar Rapids and Desmond Associates, parking ramp consultants, have been hired to design the transportation center. The artist is expected to work with the architects and consultants on the integration of the enhanced parking level signage into the project. The site of the transportation center is south of Burlington Street on the edge of downtown Iowa City. It includes approximately one-half block between Burlington and Court streets, along Dubuque Street. Directly across from the center are apartments, offices and senior housing; to the south is the U.S. Post Office; and to the north are commercial uses and the Sheraton Hotel. Redevelopment is anticipated to the west on the remainder of the block. Design Considerafions/Projecf I oals · To provide an eye-~atehing, easily understood method of findin, g the various parking levels of the center. · To add to the visual appeal of the transportation center parking component. m Maintenance of the visual images or indicators, as well as the safety of the public in using any three-dimensional indicators will be considered in the selection process. Prepared by: Karin Franklin, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 AGREEMENT FOR ARTIST'S SERVICES FOR DESIGN AND EXECUTION OF ARTWORK FOR THE NEAR SOUTHSIDE TRANSPORTATION CENTER THIS A~SREEMENT, made and entered into this day of ,2001 by and between the City of IOwa City, hereinafter referred to as the "City" and Dahlquist Clayworks, Inc. of Des Moines, Iowa, hereinafter referred to as the "Artist". WHEREAS, the City seeks to utilize the professional services of the Artist for the design and execution of the art components of the Near Southside Transportation Center (FTA Grant No. IA-03-0086), hereinafter referred to as the "Project"; and WHEREAS, the art components of the Project, hereinafter referred to collectively as "Art Work", consist of a decorative fence on the exterior of the play area for the child care center portion of the Project, hereinafter referred to as the "Fence", and visual way-finding for the parking levels of the Project, hereinafter referred to as "Signage"; and WHEREAS, it is understood that the Fence will involve a comr~nity participation component and the Signage will not; and // WHEREAS, the Artist will provide design, execution and~ersight services for the Fence and Signage projects, . ~. / / NOW, THEREFORE, it is agreed by'a, nd between ~'(e padies hereto that the City does now contract with the Artist to provide servic6~, as set fore herein. ARTICLE 1. PROJECT DESCRIPTIONS/~D ,~OPE OF SERVICES 1.1 Fence--project description. .';~'~ A. This project involves the design and e,xecu~on of a decorative fence along the outdoor play area of the childcare center in the ProjeCt. This project is to include a community participation component to engage ,residents ~f the community in this public art project. This participation may be in the design..and/or exec'-b~ion phases of the Fence. B. This project will consist of a design phase and a ~nstruction phase. 1.2 Fence Proiect Scope of Services A. Artist agrees to perform the following services for th~ City, and to do so in a satisfactory manner consistent with th'e Call to Artists, Exhibit A attached hereto, and the provisions of Section 1.6. 1. Develop concept f~r a decorative fence along the east boundary of the childcare center outdoor play area,: ¢ ' . 2. Work with the ~'oject architect to coordinate the design and construction of the fence with the construction of the project. 3. Develop a plan and methodology for incorporating a community participation element into the production of the fence. 4.With the assistance of the City, arrange for the community participation element. 2 5. Coordinate the community participation element of the project with the construction of the Fence, as appropriate. 6. Be responsible for the fabrication/construction and installation of the fence including oversight, and the hiring and supervising of any subcontractors as necessary, 1.3 Siqnaqe proiect description This project involves the design and execution of visual way-finding in the parking levels of the Project. The design >hase will include working with the parking consultants for the Project, Desman Associates the Project Architect, OPN Architects. 1.4 of services j Artist agrees to perform Ilowing services for the City, and t~o so in a satisfactory manner consistent with the Call Exhibit B attached hereto, ,apd the provisions of Section 1.6. 1. Design a on the parking let;els of the Project (4 or 5 levels). This design may be for a or three-dimension~i"medium and should result in a logical progression of visual to enhance the al~ility of the public to find their way through the various parking The visual i .mage should be translatable to an icon in an elevator. 2. Coordinate design conce the P~eject Architect and Project Parking consultant. 3. Oversee and/or install Si e. 1.5 Administrative Services A. The Artist shall consult with the 9ct Architect and their sub-consultants as necessary. B. The Adist shall make presentatior [o explain the design of the Fence and Signage to representatives of the City, 'the Art Advisory Committee and the City Council, as requested by City. C. Final approval of designs shall be ity Council. D. The Artist shall be responsible for hirinc nd supervising any subcontractors, other than those contractors and subcontractors hired r the Project, needed to fulfill the requirements of this Agreemenb 1.6 Schedule of Completion A. The Artist shall complete the services noted in ~is Agreement in accordance with the schedule shown. The City and the Artist shall all practicable efforts to meet the obligations imposed by this schedule and provide the necessary information, review and decisions identified in accordance with the schedule. B. Schedule of work: 1. Ipitial project meeting with the Project Architect by mid-December, 2001. 2. Complete preliminary design of Fence by mid-January, 2002. 3. Complete design of Fence by March 1, 2002 4. 'Begin work on Signage with Project parking consultant by March 1, 2002. 5. Council approval of Fence design by March 19, 2002. 6. Complete preliminary design for Signage by June, 2002. 7. Complete design for Signage by August, 2002. 8. Council approval of Signage by August 20, 2002. 9. Complete community participation plan by September, 2002. 10. Execute community participation component of Fence by June, 2003 11. Install Fence by September, 2003 12. Execute Signage project by December, 2003. C. Modifications of the individual portions of this schedule can be made upon mutual agreement of the ist and the City. 1. ' ...... . project through Final Completion. 2. City's Designated Rel~resentatives: a. Karin Franklin, DireCtor, Dept. of Planning & Community Development City of Iowa City 410 E. Washin~ Iowa City, IA 52240 319-356-5232 karin-franklin >rq b. Bradd Brown, AIA, Princi al or Brad ,L,~i~g, AIA OPN Architects, Inc. 625 First St. S. E., Suite Cedar Rapids, IA 52401 319-363-6018 bbrown@opnarchitects.c.em 3. A~ist's Representative a. David Dahlquist Dahlquist Cla~orks, Inc. 316 S.W. Fifth Street Des Moines, IA 50309 515-284-1675 515-246-0459 F~ dbdclay~aol.com 1.7 Post Installation A. Within 30 days after the installation of the A~ Work, th~ ARTIST shall furnish the CITY with a minimum of ~enty-four (24) slides, photographs (an~' negatives), or digital photographs on a disk which document the process and development'of the Ad Work from beginning fabrication through completion. B. The CITY shall arrange photographic documentation of the site and the installed Ad 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 CITY written instructions for appropriate maintenance and preservation of the Art Work. 1.8 Final Acceptance A. The ARTIST shall the CITY in writing when all services in Sections 1.1 through 1.7 have been completed ubstantial conformity with the Proposal. B. The CITY shall notify the of CITY'S final acceptance of the Art Work. The CITY and ARTIST shall on the site immediately after the installation of the work. At that time, t accept the work or present the ARTIST with a listing of any aspects of the work or that need correction. C. Final acceptance shall be on the date of the CITY'S written notification to ARTIST of final acceptance. 1.9 Risk of Loss The risk of loss or damage to the Art ork shall be borne by the AR T until final acceptance by the CITY, and the ARTIST shall ', such measures as are ecessary to protect the Art Work from loss or damage until final . ~tance. The ARTIST all not be responsible for loss or damage due to vandalism, theft, accid nts, or acts of God nce installation of the Art Work is complete. 1.10 Liability, Indemnification and / A. The ARTIST agrees to indemnify, defe ~Ffa hold CITY and its officers, employees, and agents harmless from any and all loss damage and expense (including reasonable attorney's fees and court costs) ,m, arising out of, or incurred by reason of any claims, actions or suits based upon or ling bodily injury, including death, or property damage arising out of or resulting duties or responsibilities under this agreement, whether such be by themselves or by any subcontractor or by anyone directly or indirectly employed B. Upon final acceptance of the Art Work, shall, to the extent permitted by law, and without waiving any immunities available der, indemnify and hold harmless the ARTIST against any and all claims or liabilities made in connection with the Art Work, the site, the project or this ag exce , the CITY against the ARTIST and claims which may occur as a result of 'S breach of the warranties provided in Article 4. C. The ARTIST and all employees of the ARTIST shall effect and maintain insurance to protect the ARTIST from claims under workers com acts; claims for damages because0f bodily injury including personal injury, s disease, or death of any of their employees or of any person other than their employees; and from claims for damages beca,3se of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of their performance of professional services caused --by errors, omissions, or negligent acts for which the ARTIST is legally liable. 5 1.11 Title Title of the Art Work shall pass to the CITY upon CITY'S final acceptance of the completed Art Work. ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 Fixed Fee The CITY shall pay the ARTIST a fee not to exceed Forty Thousand Dollars ($40,000), which shall constitute full compensation for all fees, services, expenses, and materials to be performed and furnished by t ARTIST under this agreement. Expenses shall include all travel and i fi represent full and final, no~ refundable payment for all seaices materials provided prior to the due date thereof: o i t of the contract price, but not to exceed $32,000. C. Ten percent (10%) within days after acceptance of the complete project. If the ARTIST eleds to utilize materials during installation, those fees shall be deducted from the final ARTIST. 2.2 ARTIST'S Expenses The ARTIST shall be responsible for of all mailing or shipping charges on submissions to the CITY, the cost of the A~ Work to the site and the costs of all travel and lodging by the ARTIST anc agents and employees necessa~ for the proper performance of the seNices n uired under agreement. / ARTICLE 3. TIME OF PERFOR~NCE 3.1 Duration The seNices to be requiCd of the ARTIST as set A~icle 1 shall be completed in accordance with the schSule for completion of the Ad ~ursuant to Section 1.6, provided that such time limits m~ be extended or othe~ise modified written agreement be~een the ARTIST and the CIT~[ / 3.2 Construction D~lavs t If, when the A IST completes fabrication or procurement of the : Work in accordance with the approved chedule and notifies the CITY that the A~ Work ady for installation, the ARTIST is d ayed from installing the A~ Work within the time sf ;ifi d in the schedule as a transpod tion and storage costs incurred for the period be~een the ~% provided in the schedul%r commencement of installation and the date upon which t~e ~ite is su~ciently complete to reasonably permit installation of the A~ Work. In addition, the CITY shall reimburse the ARTIST for any additional travel costs or for unnecessa~ time spent on the site due to 6 delays caused by the CITY or the Contractor. Such reimbursements shall be expenses in addition to the Fixed Fee enumerated in Section 2.1. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transpodation 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 CITY 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 unexpectedly burdensome. Likewise the ARTIST shaft grant a reasonable extension of time to the ;ITY in the event that there is a delay on the pa (~f the CITY in performing its obligations u~ ;r this Agreement due to conditions beyond e CITY'S I i i ~'5 F~diti~".~ either party's reasonable control will nc be considered a breach of contr ; provided that such obligations shall be suspended only for le duration of such condition. ARTICLE 4. WARRANTIES 4.1 Warranties of Title The ARTIST represents and warrants is solely the result of the artistic effort of the ARTIST; (b) except as in writing to the CITY, the Art Work is unique and original and does not infringe any copyright; (c) that the Art Work, or a duplicate thereof, has not been accepted foL ale 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 fabrication of the Art Work will be performed in a workmanlike manner; (b) as fabricated and installed, will be free of defects in material and workmanship, including defects consisting of inherent qualities which cause or accelerate deterioration of the Art Work nd (c) maintenance recommendations submitted by the ARTIST to the CITY hereunder, will achieve their intended result. The warranties described in this Section 4.2 shall apply the Art Work only and not to the surrounding structure, and shall survive for a period of five after the final acceptance of the Art Work, excluding deterioration or damage not in the ARTIST's control, such as vandalism, theft, abuse of the surface chemical runoffs or spills, or accidents. The CITY shall give notice to the ARTIST of any .~rved breach with reasonable promptness. The ARTIST shall, at the request of the CITY, no cost to the CITY, cure reasor~ably and promptly the breach of any such warranty which by the ARTIST and which cure is consistent with professional conservation standards ( for example, cure by means of repair or refabrication of the Art Work). ARTICLE 5. REPRODUCTION RIGHTS 5.1 General 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, except as limited herein. 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 CITY. The ARTIST grants to the CITY and its assigns a royalty-free, irrevocable license to two or three dimensional reproductions of the Art Work for educational and/or purposes, including but not limit~ to reproductions used in advertising, calendar brochures, media, publicity, catalogu s, museum, educational and develo ~ment ~ 9cts, or other similar publications, provided that t ese rights are exercised in a professio man, ;r. 52 Notice All reproductions by the CITY s II contain a credit ~ ARTIST and a copyright notice The ARTIST shall use best efforts to giv~ reading substantially, "an original art work owned and commissioned by the City City, Iowa" in any public showing under the ARTIST'S control or reproductions /ork. \ 5.4 Reqistration The ARTIST may cause to be with ~e United States Register of Copyrights, a copyright of the Art Work in the A name. ARTICLE 6. ARTIST'S RIGH'I 6.1 Identification The CITY shall, at its prepare and install at tea plaque identifying the ARTIST, the title of the Art Wc and the year of completion; reasonably maintain such notice to the extent as ~racticable. 6.2 Maintenance The CITY that maintenance of the Art Work on a ,lar basis is essential to the integrity of Work. The CITY shall take reasonable steps assure that the Art Work is properly mai protected, taking into account the the ARTIST provided Section 1.7D. 6.3 of the Work or of the Site A. Except as provided under subsection 6.3(b), below, the CITY that it will not intentionally damage, alter, modify or change the Art Work without the written approval of the ARTIST. 8 B. The CITY reserves the right to alter the location of the Art Work; relocate the Art Work to another site; and remove the Art Work from public display. The following provisions shall apply to relocation or removal: 1. While the CITY shall attempt to remove Art Work in such a way as to not affect the Art Work, it is the parties understanding that such removal may result in damage, alteration, modification, Lruction, distortion or other change of the Art Work. The ARTIST acknowledges this provision shall qualify under 17 U.S.C. Section 113 (d) so as to waive rights U.S.C. Section 106A. 2. If, at the time of r{ it is determined that the Art Work removed without damage, alteration, destruction, distortion or other CITY shall give notice as required by 17 Section 113 (d) (2) and completion of the Art Work, the ARTIST ac File the records, including identity and address, with the Register of Copyri! as provided under 17 Section 113 (d) (3). The ARTIST further agrees to information with the ister of Copyrights so as to permit notification of the Art Work. 6.4 Permanent Record The CITY shall maintain on permanent file this Agreement and the location and disposition of the Art Work. ARTICLE 7. ARTIST AS INDEPE The ARTIST shall perform all work under thi as an independent contractor and not as an agent or an employee of the CITY. shall not be supervised by any employee or official of the CITY, nor shall ' ' over any employee or official of the CITY. ARTICLE 8. ASSIGNMENTS, 8.1 Transfer of Interest / / Neither this Agreement nor y interest herein shall be ;rred by the ARTIST. Any such transfer shall be null and vo' and shall be cause to annul this reement. 8.2 Subcontractinq by A~ The ARTIST may s contract portions of the services to be ~rovided hereunder at the ARTIST'S expense rovided that said subcontracting shall not latively affect the design, appearance, or vis al quality of the Art Work and shall be ca out under the personal supervision of the RTIST. The ARTIST must obtain approval fro CITY prior to hiring any subcontractor. If the CITY does not approve the hiring of another subcontractor m st be submitted for approval by the CITY. ARTICLE 9. TEiON If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the CITY, the CITY shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the CITY'S option become its property, provided that no right to fabricate or execute the Art Work shall pass to the CITY and the CITY shall compensate the pursuant to Article 2 for all services performed by the ARTIST prior to termination; ,hall refund all amounts paid by the CITY in exchange for all finished and unfinished related Notwithstanding the previous sentence, the ARTIST shall not be relieved of liabilit,~e CITY for damages sustained by the CITY by virtue of any breach of this Agreement by and the CITY may reasonably withhold payments to the ARTIST until such time as amount of such damage the CITY from the ARTIST is determined. ARTICLE 10. COMPLIANCE The ARTIST shall be required to comply Federal, and City statutes, ordinances and regulations applicable to the performanc, services under this agreement. ARTICLE 11. GENERAL TERMS 11.1. The Artist shall not commit any of the employment practices and agrees to prohibit the following practices in any ~ntracts. A. To discharge or refuse to re any in ividual because of their race, color, religion, ~r~,nt~i~on.nal origin, '~ity, age, arital status, gender identity, or sexual / age, marital s ender identity, al orientation. / 11.2 It is agreed by the/~ity that all records and files information needed by the in the use of these records and files. / / / / 11.3 ~~the requ st of City, the A~ist shall a~end such meetir of the City Council relative to the work et fo~h in this Agreement as deemed neces~ ~. Any requests made by the City sha be given with reasonable notice to A~ist to L sure attendance and shall coincid with trips to Iowa City already planned by the A~ist~suant to Section 1.6. effed. 11.5 Fees paid for securing approval of authorities having jurisdiction ~ the Project will be paid by City. 11.6 Upon signing this agreement, A~ist acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contrad with the City, 10 and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory prohibition enumerated in Section 362.5. ARTICLE 12. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other ac and understandings, oral or written, with reference to the subject matter hereof that are not ed herein and superseded hereby. ARTICLE 13. MODIFICATION No alteration change, of the terms of the Agreement shall be valid unless made in writing and signed by both hereto and approved by appropriate actionlof the CITY. / ARTIST CITY David Dahlquist Er~stW. Lehman, Mayer Dahlquist Clayworks, Inc. ./~ Des Moines, Iowa ATTEST Marian K. Karr, City Clerk ppdadm/agt/dahlquist. doc Call To Artists The PublicArtAdvisory Committee of the City of Iowa City is issuing an Open Call to Iowa artists for design, coordination, and installation of a decorative fence, incorporating tiles, around a daycare center play area in downtown Iowa City. This is intended to be a commu- nity participation art project. Project rs · participation art project, engaging the public in the creation of the tiles. · Height of the fence ma~ ut must be a minimum of 5 feet, ; overall length of the fence is a ,roximately 96 to 112 feet. · Since this proJ re center, safety Climbable surfaces are discouraged. · The design of the fence must meet ~ regulations. · Materials and design must be durabl~ ,ject to interaction with the public 24 hours a day. · Maintenance methods must be develo ~nd documented. · Artist must be able to coordinate work ~e project architect. Project Budge!' Budget will include design; time; food, and transportation for the artist; materials; shipping if necessar~nd oversight of in!Ilation. Total budget for the project should not exceed $30,000. Project Work with the project 'n immediatel~ arti.st; community tile ,occur prior to installation; occur between Submitted mak ials will be reviewed by the ind a recom- mendation of a ~elected artist made to the City Council. Final made bythe Cit ' Council. \, Deadline for Receipt of aferials: Friday. October 5. 200'1 by 5:00 P.M. EXHIBIT A p. 2 Iowa Cify Arf Program Cornrnuni Arf Projeer Opporfunify Background and The City of Iowa City, through a Federal TransLivable Cities program, is undertaking construction ctransportation cer in downtown Iowa City. This centerwill include a bus station, public~rking, bicycle land a daycare center. The daycarecenterwillincludeanoutdoor[ 'areafronti~on Dubuque Street. Apercentof the entire project budget is allocated for of the focal points for public art will be the fence enclosing the outdoor The City is interested in pursuing a commu project in which an artist is an- gaged to design the fence, including a tile eand to work with members of the community in the creation of the tiles. Th~ be responsible for overseeing the installation of the fence. The irm of OPN Architects of Cedar Rapids has been hired to design the transportatic 'he artist is expected to work with the architects on the integ~ ~roject. The site of the transportation ce~ ngton Street on the edge of downtown Iowa City. It includes a gton and Court streets, along Dubuque Street. across from ;r are apartments, offices and senior housing; to the south is the .S. Post Office; andnorth are commercial uses and the Sheraton Hotel. Redevel ~ment is anticil the remainderof the block. Design · To engage the ~ in a public art project · e area with an easily maintained I: ~ent · To provide functional yet decorative fence appropriate for a daycare center · To assu re the security and safety of the children in the daycare center. EXHIBIT B p. 1 Call To Arfish The PublicArtAdvisory Committee of the City of Iowa City is issuing an Open Call to Iowa artists for the design of an alternative way to supplement and enhance the signage of parking levels in a downtown Pr0jecf Parameters · The outcome of this project ,, >uldbeavisualprese in a two or three- dimensional medium of the Io ression of h parking facility to enhance the public's abilit, theirway. · The visual image must be de to an icoa an elevator. · ; with parking signage consultant. · Materials and desig 'esulting project will be subject to interaction with the public 24 hours areas that are not staffed. 4, Maintenance ~ documented. Pr0jecf Budget Budget will include design work;lodging for the artist; materials; shipping if necessary; insIlation and am zbcontracting. Total budget for the project should 000. Pr0jecf Timeline Work with gin immediately upon execution of a contract with the installation will occm the Summer of 2003. Selection Process Submitted materials will be reviewed by the PublicArtAdvisory Car recommendation of a selected artist made to the City Council. artist is made by the City Council. Deadline for Receipf o~f/Aaferials: Friday, October 5, 200~ by 5:00 P.M. EXHIBIT B p.2 Iowa Cify Public Ar| Program Projed Opporfunify Sire Descripfion The City of Iowa rant from the Federal TransitAdministration Livable Cities program, portation centerin downtown Iowa City. This centerwill include :ion, public parking, bicycle parking and a daycare center. The parking com 4 to 5 levels. A percent of the entire project budget is allo- cated for public art. focal points for public art will be enhancement of signage for the parking levels. The City is looking for an experience in two or onal mediums to design a system of visual parking in the center. Although the parking ramp consultant will be g conventional signage for the parking system, a creative and ~g syste~ parking level locations is sought to enhance the parking compon of Cedar Rapids and Desmond Associates consultants, have been hired to design the transportation center. >ected to work with the architects and consultants on the integration of the enh~ g level signage into the project. The site of the transportation center i ~rlington Street on the edge of downtown Iowa City. It includes apl: :between Burlington and Court streets, along Dubuque Street. Directly partmerits, offices and senior Design Considerations/Project 60als · To provide a eye-catching, easily understoodod of finding the various parking lev, Is of the center. · public in using any three-dimensional indicators will isidered in the selection process. The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Yanderhoef introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REVISED DEVELOPIVlENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SEABURY & SMITH, INC. AND SOUTHGATE DEVELOPIVlENT COMPANY, INC.", and moved: /X__/ that the Resolution be adopted. /__/ to ADJOURN and defer action on the Resolution and the proposal to the meeting to be held at o'clock __.M. on the day of ., 2001, at this place. Council Member Wi 1 burn seconded the motion. The roll was called and the vote was, AYES: Wilhurn, £hampinn, I ohman., n'Bnnnell_. Vanderhn~f NAYS: Kanner, Pfab Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 01-398 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REVISED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SEABURY & SMITH, INC. AND SOUTHGATE DEVELOPMENT COMPANY, INC. -3- I WHEREAS, by Resolution No. 01-327 approved and adopted on October 8, 2001, the City Council has approved the form ora proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and Seabury & Smith, Inc. and Southgate Development Company, Inc. (the "Developer"), pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Northgate Corporate Park Urban Renewal Project Area as legally described in the Agreement hereto and incorporated herein by this reference (defined in the Agreement as the "Development Property"),eonsisting of the construction of a new office building of at least 46,000 square feet, together with related site preparation, utilities, landscaping and signage, as outlined in the proposed Development Agreement; and WHEREAS, the Agreement further proposes that the City make economic development grants up to an aggregate total amount not to exceed $781,200, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") and authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessa~ to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, before execution by either party, the City and Developer desire to amend the form of Agreement as it relates to insurance requirements and the Developer's obligation to reconstruct the Minimum Improvements if destroyed by a non-insurable event; and WHEREAS, the Council has determined that the Revised Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 1SA of the Iowa Code taking into account the factors set forth in Chapter 1SA, to wit: a. Businesses that add diversity to or generate new opportunities for the Iowa economy should be favored over those that do not. b. Development policies in the dispensing of the funds should attract, retain, or expand businesses that produce exports or import substitutes or which generate tourism-related activities. c. Development policies in the dispensing or use of the funds should be targeted toward businesses that generate public gains and benefits, which gains and benefits are warranted in comparison to the amount of the funds dispensed, d. Development policies in dispensing the funds should nt~t be used to attract a business presently located within the state to relocate to another portion of the state unless the business is considering in good faith to relocate outside the state or unless the relocation is related to an expansion which will generate significant new job creation. Jobs created as a result of other jobs in similar Iowa businesses being displaced shall not be considered direct jobs for the purpose of dispensing funds." ; and WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to approve and authorize execution of the Agreement and has considered the extent of objections received from residents or property owners as to said proposed Revised Agreement; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the performance by the City of its obligations under the Revised Agreement, including but not limited to making of loans and grants to the Developer in connection with the development of the Development Property under the terms set forth in the Revised Agreement, be and is hereby declared to be a public undertaking and purpose and in furtherance of the Plan and the Urban Renewal Law and,, further, that the Revised Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, taking into account the factors set forth therein. Section 2. That the form and content of the Revised Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects -5- authorized, approved and confirmed, and the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Revised Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers, and that from and after the execution and delivery of the Agreement, the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. -. PASSED AND APPROVED this 11t~ day of December, 2001. Mayor ATTEST: dler' - -6- AGREEMENT FOR PRIVATE REDEVELOPMENT By and Between THE CITY OF IOWA CITY, IOWA AND SEABURY & SMITH, INC. AND SOUTHGATE DEVELOPMENT COMPANY, INC. -1- AGREEMENT FOR r which the taxes levied portion paid into the PRIVATE REDEVELOPMENT evenue Fund. himurn Improvements on 'FOR PRIVATE REDEVELOPMENT (hereinafter called r as of the day of ,2001, by WA CITY, IOWA, a municipality (hereinafter called "City"), 2ode of Iowa of the State of Iowa and acting under the ~ of the Code of Iowa, 2001, as amended.(hereinafter called l~t within the Northgate ~BURY & SMITH, INC., a Delaware corporation having an id of the City, in which business at 2615 Northgate Drive, Iowa City, Iowa dth respect to the ~TE DEVELOPMENT COMPANY, INC. (the "Developer"). eranee of the objectives of the Urban Renewal Act, the City :t to the Development ~r the clearance and reconstruction or rehabilitation of an · it in the Northgate in the City and, in this connection, is engaged in carrying out ,d under the provisions ties in an area known as the Northgate Corporate Park Urban s described in the Urban Renewal Plan approved for such area dopted April 6, 1999; and 'ement, as established in If the foregoing Urban Renewal Plan, has been recorded ~e office of the Recorder of Jolmson County, Iowa; and urrences outside the ot limited to storms, eloper owns or has the right to acquire certain real property conditions, strikes, ,an Renewal Area as more particularly described in Exhibit A ~ or delivery of material part hereof (which property as so described is hereinafter f any federal, State or aent Property"); and eloper will acquire the Development Property and cause an .fed in respect of the .cted on the Development Property in accordance with this ~reambles hereof. ~ will lease the Development Property and Minimum 'eloper and operate an office building at that location during and -2- WHEREAS, the City believes that the development of the Development Property pursuant to this Agreement and the fulfillment generally of this Agreement, are in the vital and best interests of the City and in accord with the public purposes and provisions of Chapters 403, 15A and other applicable State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section 1.1. Defmitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shah have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. City means the City of Iowa City, Iowa, or any successor to its functions. Code means the Code of Iowa, 2001, as amended. Commencement Date means the date of the issuance by the City of an occupancy permit for the Minimum Improvements. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building inspector of the City as required by applicable City codes. County means the County of Johnson, Iowa. Developer means Southgate Development Company, Inc., an Iowa corporation, and its successors and assigns. -3- Development Property means that portion of the Noxthgate Corporate Park Urban Renewal Area of the City described in Exhibit A hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to Seabury under Article VIII of this Agreement. Event of Default means any of the events described in Section 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by Seabury or the Developer from a commercial lender or other fmaneial institution to fund any portion of the construction costs and initial operating capital requirements of the Minimum Improvements, or all such Mortgages as appropriate. Minimum Improvements shall mean the construction of an office building, together with all related site improvements as outlined in Exhibit B hereto, together with any further improvements that may be built on the Development Property by Developer or Seabury during the term of the Economic Development Grants. Mortgage means any mortgage or security agreement in which Seabury or the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements consl~cucted thereon. Net Proceeds means any proceeds paid by an insurer to Seabury or the Developer under a policy or policies of insurance required to be provided and maintained by Seabury or the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to or indebtedness, whether funded, refunded, asstuned or otherwise, inneluding bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refmance in whole or in part projects undertaken pursuant to the Urban Renewal ,Plan for the Project Area. -4- Ordinance means Ordinance No. 99-3879 of the City, under which the taxes levied on the taxable property in the Project Area shall be divided and a portion paid into the Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund. Project shall mean the construction and operation of the Minimum Improvements on the Development Property, as described in this Agreement. Seabury shall mean Seabury & Smith, Inc. Seabury & Smith, Inc. TIF Account means a separate account within the Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund of the City, in which there shall be deposited all Tax Increments received by the City with respect to the Minimum Improvements and the Development Property. State means the State of Iowa. Tax Increments means the property tax revenues with respect to the Development Property that are divided and made available to the City for deposit in the Northgate Corporate Park Urban Renewal Area Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section 12.9 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the Urban Renewal Plan, approved in respect of the Northgate Corporate Park Urban Renewal Area, described in the preamb. les hereof. -5- ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State and has the power to enter into this Agreement. (b) The execution and delivery of this Agreement, the consununation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restfiction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2. Covenants. Obligations. Reoresentations and Warranties of Seabun,. Seabury makes the following representations and warranties: (a) Seabury is a corporation duly organized and validly existing under the laws of the State of Delaware, and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by Seabury and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instntment of Seabury enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization and bylaws of Seabury or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Seabury is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. -6- (d) There are no actions, suits or proceedings pending or threatened against or affecting Seabury in any court or before any arbitrator or before or by any govemmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of Seabury or which in any manner raises any questions affecting the validity of the Agreement or Seabury's ability to perform its obligations under this Agreement. (e) Seabury has not received any notice from any local, State or federal official that the activities of Seabury with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). Seabury is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and Seabury is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (f) Seabury will cooperate reasonably with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (g) Seabun./would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. Section2.3. Covenants. Obligations. Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) The Developer is a corporation duly organized and validly existing under the laws of the State of Iowa, and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Developer -7- enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' fights generally. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization and bylaws of the Developer or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any govemmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of the Agreement or the Developer's ability to perform its obligations under this Agreement. (e) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan and all local, State and federal laws and regulations, except for variances necessary to construct the Minimum Improvements. (f) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with construction and leasing of the Project. (g) The construction of the Minimum Improvements required a total investment of not less than $4,825,000. (h) The Developer has not received any notice from any local, 'State or federal official that the activities of Seabury with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). The Developer is not currently aware of any State or federal claim filed or planned to be filed by any party -8- relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and the Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (i) The Developer will cooperate reasonably with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Minimum Improvements. (j) The Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. ARTICLE III. RESERVED ARTICLE IV. RESERVED ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Upon completion of constntction of the Minimum Improvements and at all times prior to the Termination Date, Seabray and/or the Developer shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of the City shall furnish proof of the payment of premiums on) insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, .demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $50,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in -9- writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by Seabury or the Developer and approved by the City. (ii) Comprehensive general public liability insurance, including personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the Development Property, in the minimum amount for each occurrence and for each year of $I,000,000. (iii) Such other insurance, including worker's compensation insurance respecting all employees of Seabury, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that Seabury may be self-insured with respect to all or any part of its liability for worker's compensation. (b) All insurance required by this Article V to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by Seabury or the Developer which are authorized under the laws of the State to assume the risks covered thereby. Seabury or the Developer will deposit annually with the City copies of a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to Seabury or the Developer and the City at least ten (10) days before the cancellation or modification becomes effective. Not less than five (5) days prior to the expiration of any policy, Seabury or the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, Seabury or the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event Seabary or ~e Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) Seabury or the Developer agree to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements -10- or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to Seabury or the Developer, and Seabray or the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage to the extent Net Proceeds of insurance are available, or would have been available if Seabury or the Developer had met their obligations to insure as set forth above. ARTICLE VI. ADDITIONAL COVENANTS OF 'I?HE DEVELOPER AND/OR SEABURY Section 6.1. Maintenance of Properties. Seabury and/or the Developer, as provided under the lease from Developer to Seabury, will maintain, preserve and keep the Development Property and Minimum Improvements, in good repair and working order, ordinary wear and tear accepted, and from time to time will make all necessary repairs, replacements, renewals and additions. Section 6.2. Maintenance of Records. Seabury will keep at all times proper books of record and account in which full, hue and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of Seabury relating to the Development Property and Minimum Improvements, in accordance with generally accepted accounting principles consistently applied throughout the period involved, and Seabury will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. Seabury will comply with all laws, rules and regulations relating to operating the Minimum Improvements, other than laws, rules and regulations the failure to comply with which or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Seabray. Section 6.4. Non-Discrimination. In operating the Minimum Improvements, Seabury shall not discmate against any applicant, employee or tenan,t because of age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. Seabray shall ensure that applicants, employees and tenants are considered and are treated without regard to their age, color, creed, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation. -11- Section 6.5. Available Information. Upon request, Seabury shall annually, on or before November 1, provide the City with copies of its financial statements (or if its statements are not separately prepared, that of its parent corporation) for the preceding fiscal year, prepared in accordance with generally accepted accounting principles and accompanied by a report of an independent public accountant selected by Seabury to the effect that such financial statements have been prepared in conformity with generally accepted accounting principles and present fairly, in all material respects, the financial condition of Seabury and that the examination of such financial statements by such accountant has been undertaken in accordance with generally accepted auditing standards. Section 6.6. Employment. Commencing July 31, 2003, Seabury agrees that there will be maintained a monthly average of at least two-hundred two (202) full time employment units and twenty-five (25) part time employment units at the Development property at all times until at least the Termination Date set forth in Section 12.8 hereof. The two hundred two full time employment units will pay an hourly wage between $11.30 and $26.57 for an average hourly wage of $15.70. In addition S eabury will provide these positions with competitive benefits as oufiined in its City of Iowa City Application for Business Financial Assistance. The twenty-five part-time employment units will pay an average hourly wage of $8.00. Section 6.7. Annual Certification. To assist the City in monitoring and performance of Seabury hereunder, a duly authorized officer on behalf of Seabury shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Development Property for the following fiscal year; (b) proof that all ad volorem taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement, including but not limited to the Employment requirements of Section 6.6, and that at the date of such certificate, and during the preceding twelve (12) months to the best of the officer's knowledge with reasonable due diligence, Seabury is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing November l, 2003, and ending on November 1, 2013, both dates inclusive. -12- ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of Seabury and the Developer; Transfer of Substantially All Assets. As security for the obligations of Seabury and the Developer under this Agreement, Seabury and the Developer respectively represent and agree that prior to the Termination Date, each will maintain existence as adequately capitalized corporations and will not wind up or otherwise dispose of all or substantially all of the Development Property and Minimum Improvements, or assign their interest in this Agreement to any other party unless (i) the transferee partnership, corporation, limited 1.i.ability company or individual assumes in writing all of the obligations of Seabury and the Developer trader this Agreement and (ii) the City consents thereto in writing in advance thereof. Notwithstanding the foregoing, however, or any other provisions of this Agreement, the Developer may (I) pledge any and/or all of its assets as security for any financing of the Minimum Improvements; (2) assign its rights under this Agreement to a thjxd party, provided such assignment shall not release the Developer of its obligations hereunder, unless approved by the City; and (3) the Developer may transfer its ownership interest to Seabury. The Developer contemplates forming a new development entity for the purpose of ownership and development of the project and Development Property and succeeding to the interest of the Developer hereunder. Notwithstanding the foregoing, Seabray may assign its rights and obligations hereunder, in whole or in part, to a company controlled by, controlling or under common control with Seabury upon notice to the City and Developer. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by Seabury and the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal Act, the City agrees, up to an aggregate total amount not to exceed $781,200, and subject to Seabury and the Developer being and remaining in compliance with the terms of this Agreement and to the terms of this Article VIII, to assume an obligation to make up to ten (10) consecutive annual payments to Seabury commencing June 1, 2005 and ending on June 1, 2014, pursuant to Section 403.9 of the Urban Re~ewal Act. Each annual payment shall be equal in amount to the following percentage: -13- 1st Year - 100% 6th Year - 50% 2"4 Year - 90% 7tn Year - 40% 3ra Year - 80% 8t~ Year - 30% 4th Year - 70% 9th Year - 20% 5th Year - 60% 10th Year - 10% of the Tax Increments collected by the City with respect to the Minimum Improvements on Development Property under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19 and excluding any interest that may accrue thereon prior to payment to Seabury) during the preceding twelve-month period in respect of the Development Property and the Minimum Improvements, but subject to limitation and adjustment as provided in this Axticle (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to make an Economic Development Grant to Seabury in any year shall be subject to and condifioned upon the timely filing by Seabury of the annual statement, proof and certification required under Section 6.7 hereof and the City Council's approval thereof. If Seabury's annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City Council approves of the same, the City shall certify to the County prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to Seabury on May 1 of that fiscal year. (Example: if Seabmy and the City each so certify on November and December 2003, respectively, the first Economic Development Grant would be paid to Seabury on June 1, 2005.) (c) In the event that the annual statement, proof or certificate required to be delivered by Seabury under Section 6.7 is not delivered to the City by November 1 of any year, Seabury recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to Seabury in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of Seabray, but the City shall not be obligated t.o make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to Seabury if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular City Council meeting with respect thereto) to Seabury's certification due to its late filing. In the event -14- Developer fails to timely file an annual statement, proof or certificate due to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be made, Seabray may give written notice to the City and, if the City finds that Seabury's failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under Section 8.1, subject to Developer's filing under Section 6.7 and all other provisions of this Article VIII with respect to such grant, it being the intention of the parties to allow ten (10) annual Economic Development Grants if Seabury is in compliance with this Agreement. (d) The aggregate amotmt of the Economic Development Grants that may be paid to Seabray under this Agreement shall be equal to the sum of the total amount of the applicable percentage of all Tax Increments collected with respect to the assessments imposed on the Development Property and Minimum Improvements as of January 1, 2003, and on January 1st of each of the following nine (9) years, but in no case shall exceed Seven Hundred Eighty-One Thousand Two Hundred Dollars ($781,200). Economic Development Grants shall, at all times, be subject to suspension and termination, in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property and Minimum Improvements shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. It is recognized by all parties that the total aggregate amount set forth above is a maximum amount only and that the actual payment amounts will be determined after the Minimum Improvements are completed and the valuations of said Improvements have been determined by the County Assessor. (e) In the event that any certificate filed by Seabury under Section 6.7 discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Section 10.2 (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Section 10.2), the City shall have no obligation thereafter to make any further payments to Seabury in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Section 10.2 hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic lbevelopment Grants shall be payable from and secured solely and only by amounts deposited and held in Seabury & Smith, Inc. TIF Account of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Development Property and Minimum Improvements and -15- allocated to Seabury & Smith, Inc. TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to Seabury if at any time during the term hereof the City receives an opinion from a court of competent jurisdiction to the effect that the use of Tax Increments resulting from the Minimum Improvements to fund an Economic Development Grant to Seabury, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code or Constitution of the State of Iowa, as then constituted. Upon receipt of such an opinion, the City shall promptly forward a copy of the same to Seabray and the Developer. If the circumstances or legal constraints giving rise to the opinion continue for a period during which two (2) Economic Development Grants would otherwise have been paid to Seabury under the terms of Section 8.1, the City may terminate this Agreement, without penalty or other liability to Seabury and the Developer, by written notice to Seabury and the Developer. (c) The City makes no representation with respect to the amounts that may finally be paid to Seabury as the Economic Development Grants, and under no circumstances shall the City in any manner be liable to Seabray or the Developer so long as the City timely applies the Tax Increments actually collected and held in Seabury & Smith, Inc. TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to Seabray, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of any other properties within the Project Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to Seab.ury with respect to the use thereof. -16- ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) Except to the extent caused by any willful misrepresentation or any willful or wanton misconduct or any unlawful or negligent act of the indemnified parties (as hereafter defined), Seabury and the Developer release the City and the governing body members, officers, agents, servants and employees thereof (hereinafter, for purposes of this Article IX, the "indemnified patties") from and agree that the indemnified parties shall not be liable for any loss or damage to property or any injury to-or death of any person occurring at or about, or resulting from any defect in, the Minimum Improvements. (b) Except to the extent caused by any willful misrepresentation or any willful or wanton misconduct or any unlawful or negligent act of the indemnified parties, Seabury and the Developer agree to protect and defend the indemnified parties, now or forever, and further agree to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation by Seabury, for which Seabury will defend, indemnify and hold harmless the City, or any violation by the Developer, for which Developer will defend, indemnify and hold harmless the City, of any covenant or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Seabury or the Developer against the City to enforce their rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and operation of the Minimum Improvements, and (iii) any hazardous substance or environmental contamination located in or on the Development Property. Seabury's and the Developer's respective obligations to defend, indemnify and hold harmless the indemnified parties are conditioned upon the indemnified party timely notifying Seabury and the Developer of any covered claim and thereafter 1) tendering the defense of such claim to the applicable indemnitor(s), 2) cooperating with such indemnitor(s) in the defense of the claim, 3) allowing the indenmitor(s) to control the defense of the claim, and 4) allowing the indemnitor(s) to settle the claim as the indemnitor(s) may determine. Seabury's and the Developer's respective obligations to defend, indemnify and hold harmless a particul, ar indemnified party are further conditioned upon such indeumified party and the specific claim against him/her being eligible for defense, indemnification and hold harmless as outlined above and such indeumified party accepting indeumitor's defense. -17- (c) The indenmi~ed parties shall not be liable for any damage or injury to the persons or property of the Developer or Seabury, or their respective officers, agents, servants, employees, successors or assignees or any other person who may be about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City, and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the termination of this Agreement. (f) No provision of this Article IX shall alter the respective obligations of Seabury and the Developer to each other as may be specified in the Lease from the Developer to Seabray. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defmed. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms, conditions and limitations of Article III of this Agreement; (b) Transfer of any interest in this Agreement or the Development Property and Minimum Improvements, in violation of the provisions of Article VII of this Agreement; (c) Failure by Seabury or the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement, including but not limited to the payment of taxes on the Development Property or the Employment requirements of Section 6.6 hereof; -18- (d) The holder of any Mortgage on the Development Property, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable Mortgage documents; (e) Seabury shall: (A) fde any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar fed.er. al or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Seabury as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Seabury or the Minimum Improvements, or part thereof, shall be appointed in any proceedings brought against Seabury, and shall not be discharged within ninety (90) days after such appointment, or if Seabury shall consent to or acquiesce in such appointment; (f) Any representation or warranty made by Seabury or the Developer in this Agreement, or made by Seabray in any written statement or certificate fumished by Seabury pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof; or Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City, as specified below, may take any one or more of the following actions after (except in the case of an Event of Default under subsections (e) or (f) of said Section 10.1, in which case the City may act immediately) the giving of thirty (30) days' written notice by the City to Seabray and the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has -19- not been cured within said thirty (30) days, or if the Event of Default cannot reasonably be cured within thirty (30) days and Seabury or the Developer does not provide · assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from Seabray or the Developer, deemed adequate by the City, that Seabury or the Developer will cure its default and continue its performance under this Agreement; -- (b) The City may terminate this Agreement; (c) Reserved; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of Seabury or the Developer, as the case may be, under this Agreement; or (e) For a default under Section 6.6, The City shall be entitled to recover from Seabury or the Developer, and Seabury or the Developer shall re-pay to the City, an amount equal to the most recent annual Economic Development Grant payment previously made to Seabray or the Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from Seabray or the Developer. Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be consUmed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, -20- such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of Seabray or the Developer herein contained, Seabury and the Developer agrees that they shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by the City in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Option to Terminate. This Agreement may be terminated by Seabury and the Developer jointly, but not individually, if (i) Seabury and the Developer are in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by Seabury or the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to Seabury or the Developer that such noncompliance will be cured as soon as reasonably possible. Section 11.2. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be liom such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing part~, shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith (but only, as against the City, to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, Seabury and the Developer shall be free to proceed with the construction and operation of the Minimum Improvements at their own expense and without regard to the provisions of this Agreement. -21- ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. Seabray and the Developer represent and warrant that, to its best knowledge and belief after due inquiry, no officer or employee of the City, or their designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, retum receipt requested, or delivered personally, and (a) In the case of Seabury, is addressed or delivered personally to Seabury & Smith, Inc. at P.O. Box 1520 or the address of Minimum Improvements, Iowa City, Iowa 52245; Arm: Managing Director; and (b) In the case of the City, is addressed to or delivered personally to the City at Civic Center, 410 E. Washington Street, Iowa City, Iowa 52246, Arm: City Administrator; and (b) In the case of the Developer, is addressed to or delivered personally to the Developer at 755 Mormon Trek Blvd., Iowa City, Iowa 52246, Arm: President; or to such other designated individual or officer or to such other address as any party shall have fumished to the other in writing in accordance herewith. Section 12.3. Titles of Articles and Sections. Any titles of the se~,eral parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. -22- Section 12.4. Cotmterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 12.6. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing-signed by all parties hereto. Section 12.7. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.8. Termination Date. This Agreement shall terminate and be of no further force or effect on and after December 31, 2014. Section 12.9. Contingency. This Agreement is subject to and conditioned upon Seabury and Developer entering into a mutually acceptable lease agreement wherein Developer leases to Seabury the Development property and Minimum Improvements for a term of at least ten (10) years. If Seabury and the Developer do not enter into such a lease within six (6) months after the execution of this Agreement by all parties, then either Seabury or Developer may terminate this Agreement and declare it null and void by giving written notice to the other paxties. Upon entering into a lease, Developer and/or Seabury shall provide the City with a copy of the signed lease, signed memorandum of lease or other satisfactory evidence that this contingency has been satisfied or waived. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, the Developer has caused this Agreement to be duly executed in its name and behalf by its President and Secretary, all on or as of the day first above written. (SEAL) CITY OF IOWA CITY, IOWA -23- Mayor ATTEST: By: Ci~ler. d~k 'dlj. ~4/L; -24- SEABURY & SMITH, INC. ATTEST: By: ~ V'k ~ secret~ STATE OF IOWA ) ) SS CO~TY OF JO~SON ) On~s ~ dayof ~~r , ~o~ ~ ,beBmmeaNot~Public~ ~d for said Co~, personally appe~ed to me person~ly horn, who berg duly sworn, did say ~at ~ey ~e ~e Mayor ~d Ci~ Clerk, respectively of ~e Ci~ of Iowa Ci~, Iowa, a M~icip~ Coloration, created ~d e~s~g ~der ~e laws of ~e State of Iowa, ~d ~at ~e seal ~xed to ~e foregong hsment is ~e seal of said M~cipal Coloration, ~d ~at said ~sment was si~ed ~d se~ed on behalf of said Mmcip~ Coloration by au~o~ ~d resolution of its Ci~ Co~cil ~d said Mayor ~d Ci~ Clerk achowledged said ~sment m be ~e ~ee act ~d deed of said M~icip~ Coloration by it vol~t~ly executed. · Kx~ Not~l;c ill an fo~r~Jol~nson County, Iowa -25- STATE OF [Cbvo0x ) ) ss COUNTY OF 3'&vl.~m ) On this 2--7 day of ~0V~IA , Z~[ ,before me the undersigned, a ot Public ~ ~d for s~d Co~W, ~ said State, person~ly appe~ed ~. ~f ~d T~e~ ~, ~rb~r , to me personally ~o~ who, berg by me duly sworn, did say ~at ~ey ~e ~e ~ ~ ~d ~ ~or of Seab~ & S~th, he., ~d ~ msment was si~ed on ~;of said coloration; ~d ~at ~e said ~ ~-~ ~d T~ ~' ~r , as such officers ac~owledged ~e execution of said ~s~ent to be ~e vol~t~ act ~d deed of said coloration, by ~em vol~tmly executed. Not~ Public ~ ~d for Jo~son Co~, Iowa STATE OF IOWA ) ) SS CO~TY OF JO~SON ) On ~s ~ day of NOM CmBU , ~ before me ~e ~dersi~ed, a Not~ Public ~ $d for s~d Co~, in said State, personally appe~ed ~8 Br~e~e md Tcres& Mot ~o~ , to me person~ly horn, who, being by me duly sworn, did say ~at ~ey ~e ~e President md Secret~ of Sou~gate Development Comply, Inc., ~d ~at said insment was si~ed on behalf of s~d coloration; ~d ~at the s~d ~Xe& Br~VCt~ ~d T~cS~ Morro~ , as such officers ac~owledged ~e execution of s~d insment to be ~e vol~t~ act ~d deed of said coloration, by ~em vol~tmly executed. -26- EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, Cotrely of Johnson, State of Iowa, more particularly described as follows: Lots 1, 2, 3, and 4 Highlander Development First Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 25, Page 52, of the Plat Records of johnson County, Iowa, excepting therefrom that part Of said Lot 4 described as Auditor's Parcel 95082 in the Plat of Survey recorded in Book 35, Page 291, of the Plat Records of johnson County, Iowa. A-1 EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of a new office building of at least 46,000 square feet, together with related site preparation, utilities, landscaping and signage. B-1 DEFEATED 14 Prepared by: Mitchel T. Behr, Assistant City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO, RESOLUTION OF INTENT TO CONVEY A 140-FOOT BY 17.5-FOOT AREA OF THE VACATED KIRKWOOD AVENUE RIGHT-OF-WAY LOCATED EAST OF THE KIRKVVOOD AVENUE/LOWER MUSCATINE ROAD INTERSECTION (HILL CREST PRICE'S ADDITION) TO THE KIRKWOOD AVENUE CHURCH OF CHRIST, AND SETTING A PUBLIC HEARING ON SAID CONVEYANCE FOR JANUARY 8, 2002. WHEREAS, on January 8, 2002, the City Council will consider pass and adoption of an ordinance vacating the Kirkwood Avenue right-of-way located east of the Kirkwood Avenue/Lower Muscatine Road intersection; and WHEREAS, the Kirkwood Avenue Church of Christ, as owner of the adjacent property to the west and north (1320 Kirkwood Avenue), has offered the sum of $1.00 for a 140-foot by 17.5-foot area of the vacated right-of-way along the south side of its property; and WHEREAS, the Church believes the parcel has limited market value because the elevation of the area was changed as a result of the installation of a pedestrian/bike trail adjacent to the vacated right-of-way; and WHEREAS, the City does not need the vacated right-of-way to provide access to property in the area; and WHEREAS, the disposition of the subject property, subject to a 140-foot by 5-foot blanket utility easement in favor of the City and the condition that small shrubs be planted along the south property line to screen the parcel and clearly demarcate it from the adjacent trail corridor, is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey its interest in a 140-foot by 17'5- foot area of the vacated Kirkwood Avenue right-of-way located east of the Kirkwood Avenue/Lower Muscatine Road intersection to the Kirkwood Avenue Church of Christ, adjacent property owner, subject to a 140-foot by 5-foot blanket utility easement in favor of the City and the condition that small shrubs be planted along the south property line to screen the parcel and clearly demarcate it from the adjacent trail corridor, for the sum of $1.00. 2. A public hearing on said proposal should be and is hereby set for January 8, 2002, at 7:00 p.m. in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council DEFEATED Resolution No. Page 2 thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this day of ,2001. MAYOR ATTEST: CITY CLERK Approved by lr, City Attorney's Office City of Iowa City MEMORANDUM Date: December 3, 2001 To: City Council From: Mitchel T. Behr, Assistant City Attorney ~ Re: Disposition of Kirkwood Avenue right-of-way property to Church of Christ As you know from reviewing the agenda, there is an item involving the disposition of public property located within the Kirkwood Avenue right-of-way to the adjacent property owner Church of Christ. Church of Christ has offered the sum of $1.00 for a 2,450 square foot portion of the right-of-way property. Attached to this memo are copies of their written offer and a survey plat depicting the parcel they seek to acquire. I have expressed reservations to Church of Christ about their $1.00 offer, in light of the assessed and appraised values of neighboring properties and the principles that must guide the Council in making a decision to convey public land. A copy of my letter written in response to their $1.00 offer is attached to this memo. City staff is recommending that any conveyance of the parcel be subject to a 140-foot by 5-foot blanket utility easement in favor of the City and the condition that small shrubs be planted along the south property line to screen the parcel and clearly demarcate it from the adjacent trail corridor. cc: Steve Atkins, City Manager Madan Karr, City Clerk Eleanor Dilkes, City Attorney Sarah Holecek, First Assistant City Attorney Chuck Schmadeke, Director of Public Works Rick Fosse, City Engineer Karin Franklin, Director of Planning and Community Development John Yapp, Associate Planner, Dept. of Planning and Community Development Mitch~:rnisc\churchofchrist~councilrnmo.doc C CHURCH OF CHRIST (319) 338-8780 1320 KIRIO//OOD AVENUE · IO%X/A CITY, IO%v/A 62240 November 12. 2001 Mr. Mitch Behr City of Iowa City 410 East Washington Street ,ewaCity. ,0wa 22 0-182 Dear Mr. Behr: Our congregational meeting on November 11 has instructed me to offer the following purchase offer for the portion of Kirkwood Avenue south of our church parking lot. Since the elevation of the lot has changed with the installation of the bicycle/ pedestrian path there is no longer room to park the number of cars previously anticipated. We do anticipate some uses and therefore offer the sum of $1.00 and the other considerations previously discussed. Please give me a call at 338-0937 if you need further data, We appreciate your willingness to prepare the necessary paperwork. Very truly yours, ~J.L, Presson for the congregation coicl 101/a/min SCHEDULE OF SERVICES Bible Classes ..................................................9:00 A.M. A.M. Worship ..............................................10:00 A.M. P.M. Worship ..................................................6:00 P.M. Wednesday Bible S~'udy ..................................7:00 P.M. C~URCH OF CH~RIST POINT OF BEGINNING', AUDITOR PARCEL ~2~3~' ].~ (~ ' "~ ~T~EET~ ~ ~:~ (M) ~ 5' ~DE ELECT NT ~' ~0 ~ ' A T~CT IN NE 1/4, SW1/4, SEC ~4, ~9, R~W ~ ' Date of survey 6/2000 to 4/2001. BOUNDARY DESCRIPTION FOR AUDITOR PARCEL No, 2001031 o seL 5/8" rebor; SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS :" Registmuon No. 9~75 "-,..:,/,Lj;~,, .... My license renewal date ~s December ~1. 2002. FILE J. L. Presson Church of Christ 1320 Kirkwood Avenue Iowa City, IA 52240 Re: Kirkwood Avenue right-of-way Dear Mr. Presson: I received your letter dated November 12, 2001, in which you offered the sum of $1.00 for the 2,450 square foot potion of the Kirkwood Avenue right-of-way you wish to purchase from the City. As I believe you are aware, the decision of whether to convey the prope~y, and the purchase price for which it would be conveyed, is up to the City Council. I write this letter to inform you of the factors the City Council considers in making their decision. It is a well-settled principle of law that the City Council holds prope~y "in trust" for the use and benefit of the public, and thus, such prope~y can be disposed of only in accordance with the public interest. As "trustee" of public prope~y, the City Council must dispose of such prope~y in good faith, upon adequate consideration, and upon reasonable and la~ul terms. Generally, the principle requiring "adequate consideration~ has been recognized to mean that a municipality must obtain fair market value for the prope~y to be conveyed, assuming the transaction does not entail other public benefit. Determining "adequate consideration" or fair market value for parcels of public prope~y, pa~icularly former right-of-way prope~y, can be difficult. The City Council considers the specific facts of each situation when determining the appropriate payment for conveyance of such prope~y. In past conveyances, the amount of consideration has been based on the assessed value of the neighboring prope~y. When available, the appraised value of neighboring prope~y can also sere as a basis for the determination of the appropriate amount of consideration. The existence of easements which limit the buildable area or use of the prope~y may suppo~ a lower valuation. The parcel you seek to acquire from the City lies adjacent to the south of lots 32, 33 and a potion of lot 34 in Hill Crest Price's Addition to Iowa Ci~, which are owned by Church of Christ. Although exempt from real estate taxes, those lots are currently assessed at approximately $2.41 per square foot. Lot 31 directly to the west has an assessed value of approximately $4 per square foot. When the City purchased from Church of Christ a potion of lot 34 and all of lot 35 adjacent directly to the east, you were paid an appraised value of approximately $3.15 per square foot. Applying these figures to the parcel you seek to acquire from the City would suppo~ a value between $5,904 and $9,800. These figures of course do not take into account any '"public benefit" or other unique circumstances you may believe exist in relationship to your proposal to acquire the parcel from the City. These figures may, however, be taken into consideration by the City Council when deciding upon your proposal. In your letter you indicated that due to the changed elevation of the parcel, there is no Ionget room to park the number of cars previously anticipated. You also referred to "other considerations" in support of your offer of $1.00. In support of your proposal, because the amount offered is far below the figures indicated by the assessed and appraised values of adjacent properties, you may wish to expand upon and explain further your bases for offering the sum of $1.00. It is also worth noting the parcel you seek to acquire appears to be subject to a 5' wide electrical easement. In John Yapp's November 7, 2001 letter to you, he indicated this office would prepare the necessary paperwork for the conveyance upon receipt of your offer. We have not yet completed that paperwork. When we complete the necessary documents, we will be prepared to place this item on the City Council agenda for their consideration. In the meantime, you are welcome to provide additional information in support of your offer. Please feel free to write or call me. Mitchel T. Behr Assistant City Attorney cc: Sarah Holecek Eleanor Dilkes John Yapp mitchlDichumhofchrist-kirkwoodavelpresson 11-15-01 doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 01-399 RESOLUTION ADOPTING REVISED AND UPDATED CONTRACT COMPLIANCE PROGRAM. WHEREAS, on January 13, 1981, the City Council adopted an Affirmative Action Policy, which provides for the adoption of a Contract Compliance Program; WHEREAS, on December 20, 1983, the City Council adopted its current Contract Compliance Program; and WHEREAS, to better reflect actual Equal Employment Opportunity practices and current law, to make the program consistent with the Iowa City Human Rights Ordinance, to make it easier for contractors, vendors, and consultants to understand, to make it less duplicative of other contract provisions, and to make it more consistent with actual City practice and more simple to administer, the City Council should adopt a revised Contract Compliance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The revised Contract Compliance Program attached hereto is adopted. Passed and approved this 11th ~/~, 2001. day of mber , Approved by CI~~ City Attorney's Office It was moved by Vanderhoef and seconded by 0' Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn Contract Compliance Program ~. CITY OF I0 WA CITY SECTION I - GENERAL POLICY STATEMENT It is the policy of the City of Iowa City to require equal employment opportunity in all City contract work. This policy prohibits discrimination by the City's contractors, consultants and vendors and requires them to ensure that applicants seeking employment with them and their employees are treated equally without regard to race, color, creed, religion, national origin, sex, gender identity, sexual orientation, disability, marital status, and age. It is the City's intention to assist employers, who are City contractors, vendors or consultants, in designing and implementing equal employment opportunity so that all citizens will be afforded equal accessibility and opportunity to gain and maintain employment. PROVISIONS: 1. All contractors, vendors, and consultants requesting to do business with the City must submit an Equal Opportunity Policy Statement before the execution of the contract. 2. All City contractors, vendors, and consultants with contracts of $25,000 or more (or less if required by another governmental agency) must abide by the requirements of the City's Contract Compliance Program. Emergency contracts may be exempt from this provision at the discretion of the City. Regardless ofthe value of the contract, all contractors, vendors, and consultants are subject to the City's Human Rights Ordinance, which is codified at Article 2 of the City Code. 3. Contracting departments are responsible for assuring that City contractors, vendors, and consultants are made aware of the City's Contract Compliance Program reporting responsibilities and receive the appropriate reporting forms. A notification of requirements will be included in any request for proposal and notice of bids. 4. Prior to execution of the contract, the completed and signed Assurance of Compliance (located on pages CC-2 and CC-3) or other required material must be received and approved by the City. 5. Contracting departments are responsible for answering questions about contractor, consultant and vendor compliance during the course of the contract with the City. 6. All contractors, vendors, and consultants must refrain from the use of any signs or designations which are sexist in nature, such as those which state "Men Working" or "Flagman Ahead," and instead use gender neutral signs. 7. All contractors, vendors, and consultants must assure that their subcontractors abide by the City's Human Rights Ordinance. The City's protected classes are listed at Iowa City City Code section 2-3-1. SECTION II - ASSURANCE OF COMPLIANCE The following sets forth the minimum requirements of a satisfactory Equal Employment Opportunity Program which will be reviewed for acceptability. PLEASE RETURN PAGES 2 THROUGH 3 OF THIS SECTION TO THE CONTRACTING DEPARTMENT PRIOR TO THE EXECUTION OF THE CONTRACT. With respect to the performance of this contract, the contractor, consultant or vendor agrees as follows: (For the purposes of these minimum requirements, "contractor~' shall include consultants and vendors.) a. The contractor will not discriminate against any employee or applicant for employment and will take affirmative efforts to ensure applicants and employees are treated during employment without regard to their race, color, creed, religion, national origin, sex, sexual orientation, gender identity, disability, marital status, and age. Such efforts shall include, but not be limited to the following: employment, promotion, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that it is an equal opportunity employer. Note: Contracts that are federally funded are subject to Executive Order No. 11246, as amended, and the regulations (see generally 29 U.S.C. § 1608 et seq.) and relevant orders of the U.S. Secretary of Labor. The Secretary of Labor, and not the City, enforces said regulations and orders. 3. Provide a copy of your written Equal Employment Opportunity policy statement. Where is this statement posted? 4. What is the name, telephone number and address of your business' Equal Employment Opportunity Officer? (Please print) Phone number Address 5. The undersigned agrees to display, in conspicuous places at the work site, all posters required by federal and state law for the duration of the contract. NOTE: The City can provide assistance in obtaining the necessary posters. CC-2 6. How does your business currently inform applicants, employees, and recruitment sources (including unions) that you are an Equal Employment Opportunity employer? The above responses to questions 1 through 6, are true and correctly reflect our Equal Employment Opportunity policies. Business Name Phone Number Signature Title Print Name Date CC-3 SECTION III - SUGGESTED STEPS TO ASSURE EQUAL EMPLOYMENT OPPORTUNITIES 1. COMPANY POLICY Determine your company's policy regarding equal employment opportunities. Document the policy and post it in a conspicuous place so that it is known to all your employees. Furthermore, disseminate the policy to all potential sources of employees and to your subcontractors asking their cooperation. The policy statement should recognize and accept your responsibility to provide equal employment opportunity in all your employment practices. In regard to dissemination of this policy, this can be done, for example, through the use of letters to all recruitment sources and subcontractors, personal contacts, employee meetings, web page postings, employee handbooks, and advertising. 2. EQUAL EMPLOYMENT OPPORTUNITY OFFICER Designate an equal employment opportunity officer or, at minimum, assign someone the responsibility of administering and promoting your company's Equal Employment Opportunity program. This person should have a position in your organization which emphasizes the importance of the program. 3. INSTRUCTSTAFF Your staff should be aware of and be required to abide by your Equal Employment Opportunity program. All employees authorized to hire, supervise, promote, or discharge employees or are involved in such actions should be trained and required to comply with your policy and the current equal employment opportunity laws. 4. RECRUITMENT (a) Let potential employees know you are an equal opportunity employer. This can be done by identifying yourself on all recruitment advertising as "an equal opportunity employer". (b) Use recruitment sources that are likely to yield diverse applicant pools. Word-of-mouth recruitment will only perpetuate the current composition of your workforce. Send recruitment sources a letter annually which reaffirms your commitment to equal employment opportunity and requests their assistance in helping you reach diverse applicant pools. (c) Analyze and review your company's recruitment procedures to identify and eliminate discriminatory barriers. (d) Select and train persons involved in the employment process to use objective standards and to support equal employment opportunity goals. (e) Review periodically job descriptions to make sure they accurately reflect major job functions. Review education and experience requirements to make sure they accurately reflect the requirements for successful job performance. (f) Review the job application to insure that only job related questions are asked. Ask yourself "Is this information necessary to judge an applicant's ability to perform the job applied for?" Only use job-related tests which do not adversely affect any particular group of people. (g) Monitor interviews carefully. Prepare interview questions in advance to assure that they are only job related. Train your interviewers on discrimination laws. Biased and subjective judgments in personal interviews can be a major source of discrimination. (h) Improve hiring and selection procedures and use non-biased promotion, transfer and training policies to increase and/or improve the diversity of your workforce representation. Companies must make sure procedures for selecting candidates for promotion, transfer and training are based upon a fair assessment of an employee's ability and work record. Furthermore, all companies should post and otherwise publicize all job promotional opportunities and encourage all qualified employees to bid on them. CC-4 City of Iowa City MEMORANDUM Date: December 5, 2001 To: City Council From: Dale Helling, Assistant City Manager Re: Contract Compliance Policy Revision Resolution No. 83-417, creating the City's Contract Compliance Program, was adopted on December 20, 1983. Since then, the courts have issued numerous decisions in the area of discrimination law and businesses have become more aware of their obligations regarding equal employment opportunities and non-discrimination in the delivery of their goods and services. Staff has recently conducted a review of our Contract Compliance Program, and is recommending a number of revisions to better reflect actual EEO practices and law, and make the program consistent with the Iowa City Human Rights ordinance, easier for our contractors and vendors to understand, less duplicative of other contract provisions, consistent with actual City practice and simpler to administer. The recommended revisions are summarized as follows: Section I - General Policy Statement - This section has been updated to include all protected groups specified in the Iowa City ordinance and to emphasize equal opportunity and non-discrimination in employment practices. The statement has been amended to apply to City vendors and consultants as well as contractors. The statement also clarifies that the EEO Statement must be submitted prior to execution of the contract in accordance with our current practice. Paragraph 7 regarding contract breach and disqualification from future bidding has been eliminated because the contract will not be executed if the requirements of the program are not satisfied. Our discrimination provisions are part of all City contracts and disqualification from future bidding raises a number of issues in light of Iowa's competitive bidding statute. Section II - Assurance of Compliance - References to specific federal requirements for fedorally funded projects are removed as these are already part of our bid specifications and contract documents. This section does still contain a general reference to compliance with all federal laws for federally funded projects but notes that the Secretary of Labor, not the City, enforces these requirements. The questions have been modified to emphasize that the contracto~consultant/vendor must have EEO policies in place. Further, the requirement for a contractor or vendor to submit current employee statistics has been eliminated because we cannot impose quotas or require specific percentages of employees representative of any protected group(s). Section Ill - Suggested Steps to Assure Equal Employment Opportunities - This section of the program has been strengthened to reflect current recommended equal employment opportunity and non-discrimination practices and to better advise contractors, consultants, and vendors on ways to assure that they remain in compliance with such practices. Section IV - Definitions - This section has been removed. Many of the definitions am outdated and unnecessary. Some are not utilized at all in the program document. Equal employment opportunity and non-discrimination terms are more commonly used and understood today, and there is no compelling reason for including definitions. Moreover, many of the definitions relate to the statutes and caselaw prohibiting discrimination. These laws are enforced by federal, state and local equal employment opportunity and December 5, 2001 Page 2 civil rights commissions, including the City's Human Rights Commission, and not by the City's contracting departments. Please give me a call if you have any questions Cc: Steve Atkins Madan Karr Eleanor Dilkes Sue Dulek Heather Shank Rick Fosse Erin Herring Eleanor/memo/Contract Compliance Policy Revisions.doc Prepared by: Denny Gannon, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 01-400 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE LONGFELLOW MANOR SUBDIVISION OWNERS ASSOCIATION WHEREAS, Resolution No. 95-242 approving the final plat of Longfellow Manor was passed by the City Council of Iowa City on August 15, 1995; and '- WHEREAS, there exists a 20' access easement located across the backs of lots 1-20 of Longfellow Manor; and WHEREAS, the 20' access easement is paved 18' wide with 5" of Portland cement concrete; and WHEREAS, the 20' access easement is considered a private drive; and WHEREAS, all maintenance of the private drive is the responsibility of the Longellow Manor Subdivision Owners Association, hereinafter referred to as "Association"; and WHEREAS, atl refuse collection is currently performed by the City of Iowa City, hereinafter referred to as "City", utilizing Longfellow Place, a public street located within Longfellow Manor; and WHEREAS, the Association desires that the City collect refuse utilizing the private drive in addition to Longfellow Place. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that the collection of refuse within Longfellow Manor utilizing the private drive in addition to Longfellow Place to be in the public interest. 2. The agreement attached hereto is appreved as to form and content, and the Mayor is hereby authorized to execute and the City Clerk to attest the agreement on behalf of the City of Iowa City, for recordation in the Johnson County Recorder's Office, at Association's expense. of Dec Passed and approved this 11th day ~~, R CI~LERK Pweng\res\longfelrnnr+doc Resolution No. 01-400 Page 2 It was moved by Pfab and seconded by Champion the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Dennis Gannon, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 AGREEMENT This Agreement is made by and between the Longfellow Manor Subdivision Owners Association, hereinafter referred to as "Association", and the City of Iowa City, a municipal corporation, hereinafter referred to as "City". WHEREAS, Resolution No. 95-242 approving the final plat of Longfellow Manor was passed by the City Council of Iowa City on August 15, 1995; and -. WHEREAS, there exists a 20' access easement located across the backs of lots 1-20 of Longfellow Manor; and WHEREAS, the 20' access easement is paved 18' wide with 5" Portland cement concrete; and WHEREAS, the 20' access easement is considered a private drive; and WHEREAS, all maintenance of the private drive is the responsibility of the Association; and WHEREAS, all refuse collection is currently performed by the City utilizing Longfellow Place, a public street located within Longfellow Manor; and WHEREAS, the Association desires that the City collect refuse utilizing the private drive in addition to Longfellow Place. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. City shall collect refuse within Longfellow Manor utilizing the private drive in addition to Longfellow Place. 2. Association shall retain all maintenance responsibilities of the private drive. 3. City solid waste collection services shall be extended upon the private drive as long as snow is adequately removed and as long as the private drive surface is adequately maintained. If snow is not adequately removed and/or if the pavement is not adequately maintained to provide access for City solid waste vehicles, the City shall not have the obligation to extend solid waste collection services upon the private drive. City provided solid waste collection services shall otherwise comply with City ordinadces and policies for same. 4. The City shall not be responsible for the past, present or future condition of the private drive. No maintenance responsibility of the private drive is assumed by the City. 5, The provisions hereof shall inure to the benefit of and bind all successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorders Office at Association's expense. Signed this 11th day of December ,2001. 2 CiTY OF iO .~~,,/f,~:2~yt_,_.BONGFELLOW MANOR SUBDIVISION  OWNERS ASSOCIATION , By: rnest W. Lehman, Mayor Name & Title Approved by -. City~ I ~ /I~ ( STATE OF IOWA ) ) ss: JOHNSON COUN~ ) On this ~ G~ day of ~~ ,2001, before me, the undemigned, a Nota~ Public in and for the State of Iowa, personally appeared ~ ~ ~ and volunta~ act and deed of the corporation, by it voluntarily executed. Nota~ Public in and for the State of Iowa STATE OF IOWA ) JOHNSON COUNTY ) On this //' day of J.~ ~.c~n,,~>~- ,2001, 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, 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, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and the voluntary act and deed of the corporation, by it voluntarily executed. Nota~ Public in and for the State of Iowa ~eng~gt~ongfelmnr,d~ Prepared by: Denny Gannon, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 01-401 RESOLUTION NAMING A PRIVATE DRIVE IN LONGFELLOW MANOR WHEREAS, Resolution No. 95-242 approving the final plat of Longfellow Manor was passed by the City Council of Iowa City on August 15, 1995; and WHEREAS, there exists a public street named Longfellow Place located in the center of Longfellow Manor, and a 20' access easement located across the backs of lots 1-20 of the development; and WHEREAS, the 20' access easement is paved 18' wide with 5" of Portland cement concrete; and WHEREAS, the 20' access easement is considered a private drive; and WHEREAS, all maintenance of the private drive is the responsibility of the Longellow Manor Subdivision Owners Association, hereinafter referred to as "Association"; and WHEREAS, all units currently have a Longfellow Place address even though some of the units front onto the private drive; and WHEREAS, the Association desires the naming of the private drive in order to receive prompt response from the emergency services (police, fire and ambulance). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the private drive located on the perimeter of Longfellow Manor across the backs of Lots 1-20 is herein named "Longfellow Court." Approved by ATTEST: CITY (E'~ERK PwenCres\longfelmnr2 doc Resolution No. 01-401 Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ]( Pfab X Vanderhoef X Wilbum City of Iowa City MEMORANDUM DATE: December 11, 2001 TO: City Council FROM: Daniel Scott, Sr. Civil Engineer l~,p_~ re: Coud Hill Trunk Sewer Improvement Project Public Works and Engineering request that Item 18 on tonight's agenda, the award of the Court Hill Trunk Sewer Improvement Project, be deferred until the January 8 City Council meeting or the next scheduled available meeting. This deferral will allow for a more complete bid evaluation of the bids submitted at the December 4 bid letting. Cc: Steve Arkins, City Manager Eleanor Dilkes, City Attorney Marian Karr, City Clerk Chuck Schmadeke, Public Works Director Rick Fosse, City Engineer ADVERTISEMENT FOR BIDS COURT HILL TRUNK SEWER IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 4th day of December, 2001, and shall be received in the City Clerk's office no later than said date and time. Sealed proposals will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 P.M. on the 11th day of December, 2001, or at such later time and place as may then be scheduled. The Project will involve the following: Approximately 4500 linear feet of 18 to 36 inch diameter sanitary sewer, 1020 linear feet of 48 inch diameter sanitary sewer casing (bored and jack), two storm sewer intakes, 16 sanitary manholes. Also included is approximately 318 square yards of concrete street, and sidewalk removal and replacement and other surface restoration associated with the sewer work, and 1060 LF of A.C.C. shared-use trail. AJI work is to be done in strict compliance with the plans and specifications prepared by McClure Engineering Company, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hun- dred percent (100%) of the contract price, said bond to be issued by a responsible surety ap- proved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the mainte- nance of the improvement for a period of two (2 .) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 110 Specified Start Date: January 2, 2002 Liquidated Damages: $500 per day The plans, specifications and proposed con- tract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of McClure Engineering Company, 4172 Alyssa Ct, Iowa City, Iowa, ph. 319/341-0045 by bona fide bidders. A $75 nonrefundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to McClure Engineering Company. Prospective bidders are advised that the City of Iowa City desires to employ minority cantrac- tors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documenta- tion of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be ob- rained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes, The Iowa Recipro- cal Preference Act applies to the contract with respect to bidders who are not Iowa residents, The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARlAN K, KARR, CITY CLERK