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Home My WebLink About2006-02-13 Resolution 1v11", ~ (\ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-24 06-24 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF lOW A CITY, lOW A, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: It's Brothers Bar & Grill - 125 S. Dubuque Street Speakeasy - 171 Highway 1 West Passed and approved this 13th day of F~ ,20 06 W~ MAYOR Approved by ATTEST: )~~ H-) ~ ~J ~~ \, ~-Ol,.. CIT CLERK City Attorney's Office It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ----1L - _ Bailey x _ Champion - ----X- - - Correia -----X..- Elliott - - x O'Donnell - - ----X- Vanderhoef - - -----X..- Wilburn - - --.------------------- .__.__..__n.__..______'_...._._.._ M-h,. ~ 1 _/ Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-25 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF lOW A CITY, lOW A, THAT: the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: Studio 13 - 13 S. Linn Street Passed and approved this 13th day of ~ar~ ~06 l J MAYOR Approved by ATTEST: 7J\;'J~"') ~ ~-u./ ~~ "S- --0 Sa CIT CLERK City Attorney's Office It was moved by R~ilp.y and seconded by Vanderhop.f the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: --X-- - Bailey ~ - _ Champion x Correia - - x Elliott - - - ~ - O'Donnell - ---..lL - Vanderhoef - ~ - Wilburn - .-.---- .,------ M~ rJ:D Prepared by: Kevin O'Malley. Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356-5053 RESOLUTION NO. 06-26 RESOLUTION SETTING A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2006, THROUGH JUNE 30, 2007, THE PROPOSED THREE.YEAR FINANCIAL PLAN, AND ALSO THE MULTI.YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that a public hearing on said proposal should be and is hereby set for February 28, 2006, at 7:00 p.m. in Emma J. Harvat Hall of the Iowa City City Hall, 410 East Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk be and is hereby directed to cause notice of said public hearing to be published as provided by law, to permit any taxpayer to be heard for or against the proposed FY2007 Operating Budget and the Proposed FY2007-FY2009 Financial Plan and also the multi- year Capital Improvements Program through Fiscal Year 2010. Passed and approved this ] 3th day of Februarv ,20~. ~U~ MAYOR Approved by } !if" b ATTEST:~;"'4<.J -k::,~ ~ K. ./ CITY ERK City Attorney's Office It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn finadm\budget\pubhrg1.doc N\~ ~e. \' J, J . , Prepared by: Chris O'Brien, Parking Manager, 410 E. Washington St., Iowa City, IA 52240 (319)356-5094 RESOLUTION NO. 06-27 RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 28, 2006 ON THE PROPOSED RATE AMENDMENT FOR ALL PARKING GARAGES, LOTS, PARKING METERS AND MONTHLY PARKING PERMITS. WHEREAS, the City ofIowa City proposes to amend parking rates for all parking garages, lots, parking meters and monthly parking permits; and WHEREAS, City Code requires that notice and public hearing on the proposed rate amendments be provided to the public prior to enactment; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF lOW A CITY, IOWA, that: 1. A public hearing is hereby set for 7:00p.m. on February 28, 2006, to be held in the Emma J. Harvat Hall, City Hall, 410 E. Washington St., Iowa City, Iowa, or if said meeting is canceled at the next meeting of the City Council thereafter as posted by the City Clerk, and that the City Clerk is hereby directed to cause notice of said public hearing to be published as provided by law. Passed and approved this 13th day of (}2:'u'JL MAYOR Attest:~;A-uJ 1(. ~ .zoved by , J(fJ r; ~ CIT . LERK City Attorney's Office Resolution No. nf.-?7 Page ? It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion )( Correia x Elliott x O'Donnell )( Vanderhoef x Wilburn --- -----..-.-.-----.--- I::[J Prepared by: Chris O'Brien, Parking Manager, 410 E. Washington 51., Iowa City, IA 52240 (319)356-5094 RESOLUTION NO. OLUTION SETTING A PUBLIC HEARING ON THE PROPOSED RA AMENDMENT FOR ALL PARKING GARAGES, LOTS, PARKI METE AND MONTHLY PARKING PERMITS. WHEREAS, the Ci of Iowa City proposes to amend parking rates for all parkin lots, parking meters monthly parking permits; and WHEREAS, City Code req ires that notice and public hearing on the propo amendments be provided to t public prior to enactment; NOW, THEREFORE, BE IT RE CITY OF IOWA CITY, lOW A, that: 1. A public hearing is hereby s for 7:00p.m. on Feb 28, 2006, to be held in the Emma J. Harvat Hall, City all, 410 E. Washi ton St., Iowa City, Iowa, or if said meeting is canceled at the ext meeting 0 e City Council thereafter as is hereby directed to cause provided by law. Passed and approved this day of ,2006. Attest: /' GJ-;:f('; G CITY CLERK City Attorney's City of Iowa City i MEMORANDUM I i I I TO: Steve Atkins, City Manager FROM: Chris O'Brien, Parking Manager DATE: February 8, 2006 wrY./ RE: Parking Rate Increases ufij While I am aware that the budget process is not complete and will not be until the second week of March, there are some issues included in the budget for Parking that are time sensitive. We have requested an internal loan, which has received tentative approval by city council, to aid in financing the Parking maintenance project scheduled for May - August of 2006. This project has an estimated cost of $697,000, with the majority of the costs consisting of structural repair work to concrete parking decks and columns, expansion joint and control joint removal and replacement, and waterproofing of the exposed concrete. During the process of getting approval for the internal loan, Joe Fowler and I raised the issue of increasing parking rates in order to repay the loan, fund future maintenance and build a reserve for future parking expansion. The changes proposed included increases in hourly rates in all parking garages, lots, meters and a $5.00 increase in the monthly parking permits. The city council was receptive to these changes and they are included in our proposed FY07 Revenue Budget. While these rate increases would not take effect until July 1, 2006, the maintenance project for our facilities is scheduled for May in order to be complete before the University of Iowa students return in August. In order to give sufficient time for city council approval of plans and specifications, contractor bidding, bid review and recommendations, and final city council approval of this project, it is important that we begin the process. I Please let me know how you would like me to proceed or if you require I further information before making your decision. I I I I Cc: Joe Fowler I I I - .._-~-~ ~-----'-~---"-'-"-----'-'----""'-'---'-"""""'-'----~.__...- ._--------_.._-_._,~_.._---_._~--~----_._---_.__..__._-" /VI~ IJ:J Prepared by: Chris O'Brien, Parking Manager, 410 E. Washington St., Iowa City, IA 52240 (319)356-5094 RESOLUTION NO.06-28 .~ RESOLUTION SETTING A PUBLIC HEARING ON THE PLANS & SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE 2006 PARKING GARAGE MAINTENANCE PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING SAID PLANS TO BE PUT ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF lOW A CITY, IOWA, that: I. 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 28th day of February, 2006, at 7:00 p,m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the Director of Parking and Transit in the office of the City Clerk for public inspection. Passed and approved tJ:lls 111'h day of ~LJL MAYOR AppJoved by d ;4(0 " Attest: ~"'.y) ~ ~ ~t~ .r__ CIT LERK City Attorney's Office Resolution No. nh_?A Page ? It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia y Elliott y O'Donnell y Vanderhoef y Wilburn Mtcj (]l[J Prepared by: Denny Gannon, Asst. City Engineer, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO, 06-29 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, WATER MAIN, AND TRAFFIC CONTROL SYSTEM PUBLIC IMPROVEMENTS FOR THE LODGE, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer and water main improvements for The Lodge, as constructed by Maxwell Construction, Inc, of Iowa City, Iowa, Traffic control system improvements located at the intersection of Highway 1 West and Hawk Ridge Drive, as constructed by Merit Electric, LId, of Iowa City, Iowa, WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use, Passed and approved this 13th day of February ,20 06 G2-LJ ^R-- MAYOR ATTEST: ~......",) ..J(. <>J!o~ Approved b~ :z-/-dcCo ($l1 CI RK City Attorney's Office It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn pwenglreslthe lodge.doc --~--- ----- -~----- ,~ 1 'ft(l) ~SW,-r ~... _l1li1'- ...~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240. [826 (319) 356-5000 (J 19) 356-5009 FAX www.icgov.org ENGINEER'S REPORT February 3, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: The Lodge Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, water main, and traffic control system public improvements for The Lodge have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer and water main improvements constructed by Maxwell Construction, Inc, of Iowa City, Iowa and for the traffic control system improvements constructed by Merit Electric, Lid, of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City, Sincerely, 7--!- e /:-.... Ronald R. Knoche, P.E, City Engineer pwenglJetters\thelodge.doc N\.k []l[J C Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO, 06-30 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR COUNTRY CLUB ESTATES SECOND ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Country Club Estates Second Addition, as constructed by Bockenstedt Excavating of Iowa City, Iowa, Paving improvements for Country Club Estates Second Addition, as constructed by Streb Construction Co" Inc, of Iowa City, Iowa, WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use, Passed and approved this 13th day of February ,20 06 ~ C). ~~ MAYOR ATTEST: 7/~ 1(, ~ APpr~~ '?-/7#C, /A U City Attorney's ffice CIT RK It was moved by "R::d1 p.y and seconded by 'U"'......Aa,...'h.....a.f the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion v Correia J{ Elliott x O'Donnell X Vanderhoef X Wilburn pwengJreslcountryclub2nd.doc -- -~_._-~--_..._--~ t{ S;' ( 1 ) I ~ ! -~= -~!t ......--- f~~lS -..;;;;:.,... ~IID.' ~.. CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-$007 FAX www.icgov.org ENGINEER'S REPORT February 7, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Country Club Estates Second Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main and paving improvements for Country Club Estates Second Addition, has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City, The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Bockenstedt Excavating of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa, I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, "R~7. /C.-L Ronald R. Knoche, P.E, City Engineer pwenglengrpl-countryclub2nd.doc 1V\.ki 0ltD ,J Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO, 06-31 RESOLUTION AUTHORIZING. THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LUBIN T~UST, AND TENANT MOTIF, LTD. D/B/A BO-JAMES, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Lubin Trust, as landlord, and Motif, LId" d/b/a Bo-James, as tenant, applied for a renewal of a temporary use of the pUblic right-of-way at 118 Washington 5t., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1, The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2, The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense, Passed and approved this n!1L day of February ,2006, ~lJ ^~L- ATTEST: 71l~ oj/, ~ MAYOR CI1'Y-cLERK . Approved by: ~~ l-' 1_0<,- City Attorney's Office --.+ Resolution No. Ilh-31 Page ? It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia y Elliott x O'Donnell x Vanderhoef x Wilburn ---. _. N\-l"J IJ;J Prepared by Kimberly Sandberg, PublicWorl<s, 410 E. Washington St.,lowa City, IA (319)356-5139 RESOLUTION NO, 06-32 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER WILLIAM AND HELEN BYINGTON, AND TENANT LITTLE DONKEYS, INC. D/B/A PANCHERO'S MEXICAN GRILL, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, William and HelEm Byington, as landlord, and Little Donkeys, Inc" d/b/a Panchero's Mexican Grill, as tenant, applied for a renewal of a temporary use of the public right-of-way at 32 S, Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the publiC interest to set forth the conditions regarding such use of the publiC right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1, The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2, The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense, Passed and approved this 13th day of February ,2006. Q WJj~ ATTEST:~) ~ ,~ MAYOR Approved by: CI LERK ~~ r-3(-6~ City Attorney's Office . _._-,-_._,~,-_._.- - -----.-.-.- --,-"----,--------_._._~--- Resolution No. 06-32 Page 2 It was moved by R::dlpy and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn _._.--------- Mr, I];] " C Prepared by Kimberly Sandberg, Public Works, 410 E. Washington 51., Iowa City, IA (319)356-5139 RESOLUTION NO, 06-33 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER EVELYN M. OAKES, AND TENANT KLDP, INC. D/B/A ONE TWENTY SIX, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Evelyn M. Oakes, as landlord, and KLDP, Inc" d/b/a One Twenty Six, as tenant, applied for a renewal of a temporary use of the public right-of-way at 126 Washington St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1, The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2, The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this --U.th day of Februarv ,2006, Q~ W "'~ ATTEST:h) ~,~ MAYOR CI RK Approved by: ~~ 1-3 ( 'Oy.- City Attorney's Office ---- "-"--- --------~._--~_.._-----_._--~~_._"~----_._-- Resolution No. 06-33 Page 2 It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn --- NJr~ G;[J '" Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO, 06-34 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER MARC MOEN, AND TENANT STARBUCKS CORPORATION D/B/A STARBUCKS COFFEE, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Marc Moen, as landlord, and Starbucks Corporation, d/b/a Starbucks Coffee, as tenant, applied for a renewal of a temporary use of the public right-of-way at 228 S. Clinton St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1, The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2, The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense, P'~'" "d .p",~dth. -"'" d., of '''''UL ~ ATTEST: ~A ,tJ 1/, ~ MAYOR CIT ERK Approved by: ~ t-31~(J<;' City Attorney's Office _._-- - Resolution No. 06-34 Page 2 It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1< Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn fIA...?r;i ~ (" Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO, 06-35 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER LAURENCE SHORT ET AL., AND TENANT TROPICAL CHILL, INC. D/B/A BALDY'S WRAPS, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Laurence Short, et aI., as landlord, and Tropical Chill, Inc" d/b/a Baldy's Wraps, as tenant, applied for a renewal of a temporary use of the public right-of-way at 18 S, Clinton Street, Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1, The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense, Passed and approved this 11th day of '."(;4J-J ^~ ATTEST:-it~/L~ II 7!auJ MAYOR CI LERK App~?\I~d bY~ ~ ;} -(?-O$oo City Attorney's Office .-- -- Resolution No. O~ J5 Page 2 It was moved by Bailey and Seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey y Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn .-. N1J1 ~ Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO, 06-36 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER 120 BUILDING CO., AND TENANT VITO'S OF IOWA CITY, INC. D/B/A VITO'S, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, 120 Building Co" as landlord, and Vito's of Iowa City, Inc" d/b/a Vito's, as tenant, applied for a renewal of a temporary use of the public right-of-way at 118 College St., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS. such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1, The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department, 2, The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense, P""d ,," 'pprn," thS 13<h d" of '.h~OL ~~ ATTEST:~ ~ ~ MAYOR AP~ CI . CLERK ,-' ~ 'a,- ~-6 ~ City Attorney's Office Resolution No. 06-36 Page 2 It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef 11' Wilburn ML r:;o (] Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO, 06-37 RESOLUTION ACCEPTING PAYMENT OF $300,00 CIVIL PENALTY AND WANER OF RIGHT TO HEARING FROM HY - VEE, INe. D/B/A DRUG TOWN WHEREAS, on December 19, 2005, an employee ofHy-Vee, Inc., d/b/a Drug Town, 310 N. 1st A venue, Iowa City, violated Iowa Code S 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of the violation, Drug Town was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuailt to Iowa Code S 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee violating Iowa Code S 453A.2(1), after a hearing and proper notice; and WHEREAS, on February 6, 2006, Drug Town waived its right to the hearing required by Iowa Code S 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code S 453A,2(1), by paying a $300.00 civil penalty to the City Clerk of the City ofIowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two-year period, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A CITY CITY COUNCIL that the City Council should accept the waiver ofright to hearing and payment of$300,OO civil penalty on behalf of Drug Town, BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 13. 2006 ~l-y~ Mayor, City ofIowa City ATTEST: ~~ ~ ~ City rk, City of Iowa City ----,_._"_.__._,._----~------------"~_. Resolution No. 06-37 Page 2 It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: v Bailey J{ Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn M.t" ~ " Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319,339.6100 RESOLUTION NO, 06-38 RESOLUTION ACCEPTING PAYMENT OF $300,00 CNIL PENALTY AND WANER OF RIGHT TO HEARING FROM AMERICAN DRUG STORES, INC, D/B/A OS CO DRUG WHEREAS, on December 21, 2005, an employee of American Drug Stores, Inc" d/b/a Osco Drug, 201 S, Clinton Street, Iowa City, violated Iowa Code S 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of the violation, Osco Drug was operating under a retail cigarette permit issued by the City of Iowa City; and WHEREAS, pursuant to Iowa Code S 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of$300.00 as a result of its employee violating Iowa Code S 453A.2(1), after a hearing and proper notice; and WHEREAS, on January 27, 2006, Osco Drug waived its right to the hearing required by Iowa Code S 453A.22(2) and accepted responsibility for its employee's violation ofIowa Code S 453A.2(1), by paying a $300,00 civil penalty to the City Clerk of the City ofIowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation within a two-year period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300,00 civil penalty on behalf of Osco Drug, BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 13. 2006 a G~~ Mayor, City ofIowa City ATTEST:~~."f. ~ City -erk, CIty of Iowa CIty -- Resolution No. 06-38 Page 2 It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: J( Bailey x Champion X Correia y Elliott x O'Donnell X Vanderhoef X Wilburn --. -----.---""--"--..--...---.---- -----...---- M~" I:J c Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 06-39 RESOLUTION TO AMEND A MONEY PURCHASE PLAN TO PERMIT LOANS WHEREAS, the City of Iowa City has employees rendering valuable services; and WHEREAS, the City has established a money purchase plan (the "Plan") for such employees which serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel: and WHEREAS, the City has determined that permitting participants in the Money Purchase Plan to take loans from the Plan will serve these objectives; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Money Purchase Plan is hereby amended to permit loans in accordance with the Loan Guidelines adopted by the City of Iowa City. Passed and approved this 13th day of February ,20~, ~ ( ~ A'iV~ MAYOR ATTEST:~~.,) --;J, ~AA) ~oved by - d-4/c ~ / CIT CLERK City Attorney's Office It was moved by Bailey and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: y Bailey x Champion x Correia x Elliott y O'Donnell y Vanderhoef y Wilburn wpdatalfinanceadmlres/401 A1ean.doc ~ M.\-) 6e Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (SUB05-00030) RESOLUTION NO. O6-40 RESOLUTION APPROVING THE PRELIMINARY PLAT OF GALWAY HILLS SUBDIVISION PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Galway Hills Subdivision Part Four; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1, The preliminary plat of Galway Hills Subdivision Part Four, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 13th day of Fe~ ]t:' MA(OR ' C ~5 '- Approved by ATTEST:~ 1!.~ ~~~ ' I /2 ~(.,.r CI ERK It was moved by Correia and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Elliot x Lehman x O'Donnell x Vanderhoef x Wilburn ppdadmlnlreslprelim-resSUB05-00028.doc d/tlL/tu/ 7f; 2hj/ ~ Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240: 319-356-5243 (SUB05-00032) RESOLUTION NO, RESOLUTION APPROVING THE FINAL PLAT OF GALWAY HILLS SUBDIVISION PART FOUR, IOWA CITY, IOWA. WHEREAS, the owner, Dav-Ed Limited, filed with the City Clerk of Iowa City, Iowa, the final plat of Galway Hills Subdivision Part Four, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: BEGINNING AT THE NORTHWEST CORNER OF THE LOT 64 OF GALWAY HILLS SUBDIVISION - PART THREE IN ACCORDANCE WITH THE PLAT THEREOF RECODED IN THE PLAT BOOK 37 AT PAGE 268 OF. THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N47013'15"W, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE PRIMARY ROAD NO, 218, A DISTANCE OF 463,34 FEET; THENCE N41031'43"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 162.11 FEET; THENCE N43021'50"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 189,34 FEET; THENCE N30016'13"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 365,14 FEET; THENCE N25021'20"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 180,67 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF MELROSE AVENUE; THENCE N88008'02"E, ALONG THE SAID SOUTHERLY RIGHT-OF-WAY LINE, 387,90 FEET; THENCE N84047'00"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 121,65 FEET; THENCE N57015'00"E, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 35.44 FEET; TO A POINT ON THE WESTERLY LINE OF GALWAY HILLS SUBDIVISION - PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN THE PLAT BOOK 35 AT PAGE 269 OF THE RECODES OF THE JOHNSON. COUNTY RECORDER'S OFFICE; THENCE S32047'55"E, ALONG SAID WESTERLY LINE, 206,73 FEET; THENCE S21037'22"E, ALONG SAID WESTERLY LINE, 542,61 FEET; THENCE S13040'39"E, ALONG SAID WESTERLY LINE, 85,91 FEET; THENCE S37034'14''W, ALONG SAID WESTERLY LINE, 70.34 FEET; THENCE 542041 '26"W, ALONG SAID WESTERLY LINE, 50.0 FEET; THENCE SOUTHEASTERLY, 112, 56 FEET ALONG SAID WESTERLY LINE ON A 179,64-FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 110.73-FOOT CHORD BEARS S65015'35"E, THENCE S06047'23"W ALONG SAID WESTERLY LINE, 155,65 FEET, TO A POINT ON THE NORTHERLY LINE OF LOT 64 OF SAID GALWAY HILLS SUBDIVISION - PART THREE; THENCE 542041 '26"W, ALONG SAID NORTHERLY LINE, 54,27 FEET, TO THE POINT OF BEGJNNING. SAID TRACT OF LAND CONTAINS 10.41, 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 final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision conform with all of the requirements of the 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 final plat of Galway Hills Subdivision Part Four, Iowa City, Iowa located on the above- described real estate is hereby approved, ~..__. ".-- Ordinance No, Page 2 2, The City accepts the dedication of the street, easements as provided by and specifically sets aside portions of land, namely streets, as not being open for public access at the time of recording for public safety reasons, 3, The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify this resolution, which shall be affixed to the final plat after passage and approval by law, The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider, Passed and approved this day of ,20 ' MAYOR Approved by ATTEST: I/(~~ .J ~(p CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliot O'Donnell Vanderhoef Wilburn ppdadminlreslfinal-resSUBOS..oo032.doc - 6\ STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar Item: SUB05-00032 - Galway Hills Date: February 2, 2005 Subdivision Part Four GENERAL INFORMATION: Applicant: Dav-Ed Limited 18 Donegal Place Iowa City, IA 52245 (319) 337-4818 Contact Person: Scott Pottorff MMS Consultants, Inc, 1917 South Gilbert Street Iowa City IA 52241 Phone: (319) 351-8282 Requested Action: Subdivision Final Plat Purpose: Development of a 24-lot residential subdivision Location: South of Melrose Avenue on Galway Drive Size: Approximately 10.41 acres Existing Land Use and Zoning: OPD-5 (pending approval) Surrounding Land Use and Zoning: North: Residential & undeveloped - OPD-1 & ID-RS South: Highway 218 & Park - P East: Galway Hills Subdivision Part II - RS-5 West: Highway 218 & undeveloped -ID-RS & P Comprehensive Plan: Low Density Single-Family Residential File Date: January 11, 2005 45-Day Limitation Period: February 27, 2006 60-day Limitation Period: March 13, 2005 BACKGROUND INFORMATION: The applicant, Dav-Ed Limited, is requesting approval of the final plat of Galway Hills Subdivision Part Four, a 24-lot residential development on approximately 10.41 acres of land, Recently the Commission recommended approval for a rezoning - from Low Density Single-Family Residential (RS-5) zone to Sensitive Areas Overlay! Low Density Single-Family Residential (RS-5) zone - along with a preliminary plat for this property located south of Melrose Avenue and east of Highway 218, The rezoning and the preliminary plat are currently pending before the City Council. ----------- - - -..__.,------_._------~._--- ------~--------,--_..__...._-----~----,--"--,--"--_...--.--....-..-..-..-.--.--.... 2 ANALYSIS: The final plat as submitted is, in general, consistent with the preliminary plat. With this subdivision, 24 single-family residential lots will be added to the overall development of Galway Hills, Construction plans have been approved by the City Engineer. Legal papers have also been submitted and are being reviewed by the City Attorney, In the proposed subdivision, two out-lots covering approximately 3,37 acres are reserved as private open space and contain most of the sensitive areas on this property, Outlot B will also be used as the storm water management basin, Existing wooded areas on this property provide a buffer for most of the proposed lots along the highway and Melrose Avenue, except lots 1-9 and lot 16, A landscape buffer for these lots will be created on a 30-foot wide easement shown on the plat. The responsibility for long term maintenance of out-lots, the landscaped buffer and the cul-de-sac median by a home owner's association should be addressed in the legal papers. At the time of development of previous phases of Galway Hills Subdivision, a dedication of park land in the southern part of the overall subdivision was agreed upon. No further open space dedication is required for this part of the development. The legal papers should address the water main extension fees (@ $395,00 per acre, a total of $4,111.95 for 10.41 acres) and sanitary sewer tap on fees (@$2,017,44 per acre, a total of $21 ,001,55 for 10.41 acres), STAFF RECOMMENDATION: Staff recommends approval of SUB05-00032, a final plat for Galway Hills Subdivision Part Four, a 24-lot, residential subdivision on approximately 10.41 acres of land located south of Melrose Avenue and east of Highway 218, subject to staff approval of legal papers prior to City Council consideration, ATTACHMENTS: 1. Location Map 2. Final plat Approved by: ~ Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadmin\stfrep\subOS-QOO32 galwayhiilspartfour-final ---'-~"-----',--,,------,,-~ .".._---~------- ~____'~_.__M._...___.______________________ _....._.___~..___ CITY OF IOWA CITY ~ , '\" I ,~ I '" , . hlEl:R69EA-""::' .,-..-..-. 15 ~ OPDH8 5 West High Schoo/ P ID-RS ~- i L'~A I SITE LOCATION: Galway Hills, Part 4 SUB05-00032 10.41 AC FINAL PLAT GALWAY HILLS SUBDIVISION - PART FOUR M IOWA CITY, IOWA PUT PRY.PARm ~ nYNP.llhlITRnMTl~ O'l'llv.R'!'I .I'I"I'ORNn- WMS CONSULTANTS INC. DAV-ED L1MITID PH1WP A. IDF M 11117 SOUTH GILBERT ST. 18 DONEGAL PLACE 222 SOUTH UNN STREET I IOWA em. lOW... 52240 IOWA CITY. IOWA ft2U6 IOWA em, IOWA 62240 : ____.._u._.___.___m_u'_LEGENO AND NOTES _ I l ---- ~ ' __CDIIIN[lt.IaIT.-..clI """'''''''N I _ __..........-rlLOCA_ lOll.'" I I I -. '_ CIVIL ENGINEERS I I =W~ LAND PLANNERS _........... LAND SURVEYORS LANDSCAPE ARClIl1'EC11l I .-onrt WETLAND SPECIAllSTf ftfI'L-.-aI. IOWACfTV,IOWA (S11111lt-GG -- .. ""con..""" """".......- Cl'lO)"""'" " UUS CONSULTANl'S, INe. ! . PolO 1_ I\.:.....~ ... . . . Gt.tNC1CAlI... , - , . i I I ....... , I ~~ I ,>, !:'.k1l ! .~~ ! 'b;;-~ I " ~~ '-.-::':1-----------.-.------.--- '" vw~ :::':'.:=.....::..-=.O:=--...-:.:.:::.-c::..-:::::::.=.::-..:::"::".=:=..._71_...... I ' ~.4. _....__..........___-__..__.......__..__$7.. FINAL P" ^'T ~ o/.P :::t..:e..\Ioo_.....__.--.__.."J'Irw._..-...~......__...2>L. '-""- ~~~~~~~~~~~=~~~-=~~~~ =.....:::.=:n.-:......_ .,.;::.... -.::===-"":'~-=-=-':t';:~ I _..~...._......~- """.._......""'__--::\:_:JII.......... , I =.~::~~~~=5.'.::.?<~E.;::~~"E I __'I(I.73___'::-,r.."rl_....'Tih:_.:::"L-~~__Io._..........,lho.. I LolMoI..._______~......__~t0U7_....._.............__ ..-----..--........---..- I . GALWAY HILLS 1 ..;0:;;::.- SUBDIVISION 0 ! -- PART FOUR ~ I I~~ ~ I P1..\T/PLAH APPROVED 20- _ JOHNSON COUNTY ~ I byUle IOWA City ot Iowa City . I ~ I ~ - - --;;; =~~-=':""=::''1:0. I ~ --.......... ...-............ -. '" ........._..__...._1t... .... 12-14-05", ::;,,~.:..:::::::cr0l"'_- I -...."" LRS --... ~ --~ - 11__d____~_' 11 ==::=- - I -,-- DUo: Ilol..,.-. "'_.... IMSlMef-. 1/ _cnv 0 j - ..... 2542021 F CIf. 1 I I [ ~/~9' ~ ,;, ~ '-J Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5240 (SUB05-00027) RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT OF JJR DAVIS FOURTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, James R. Davis, Robert A. Davis and Jan Ellen Smith, filed with the City Clerk the final plat of JJR Davis Fourth Addition, 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 JJR Davis Second Addition, Iowa City, Iowa, according to the Plat thereof recorded in Plat Book 49, Page 101, of the Records of the Johnson County Recorder's office, which Outlot "A" is a portion of the Southeast Quarter of the Northeast Quarter and a Portion of the Northeast Quarter of the Southeast Quarter of Section 20, Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, Said Outlot "A" contains 6,68 acres, more or less, and is subject to easement and restrictions of record, WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2003) 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 final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2, The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for publiC safety reasons, 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resolution No, - Page 2 Passed and approved this day of ,20 . MAYOR Approved by ATTEST: Jf~~~ "/nlc0 CITY CLERK City Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn ppdadminlresfJjrdavis final plat.doc f'!1 +l ~ C Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO, 06-41 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE AGREEMENT WITH LEADING EDGE ENTERPRISES, L.L.C. D/B/A NEW YORK NY DELI FOR THE LEASE OF THE GROUND FLOOR COMMERCIAL SPACE IN THE IOWA CITY PUBLIC LIBRARY BUILDING. WHEREAS, the Iowa City Public Library Building contains commercial space being marketed for lease for commercial use; and WHEREAS, the Library Director has negotiated a lease agreement with Leading Edge Enterprises, L.L.C. d/b/a New York NY Deli for the ground floor Commercial space for a term of five (5) years with three 3-year renewable options; and WHEREAS, it is in the public interest to enter into said lease for the commercial space as provided therein, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: '1. The lease agreement attached hereto and made a part hereof is approved as to form and content. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest the lease agreement attached hereto, 3, The City Manager is hereby authorized to execute any subsequent renewal options, as provided in the attached Lease, Passed and approved this 13th day of February ,20~. ~ l~ AL- MAYOR ATTEST:~..44') YI. ~~ <~d by - !4y~, CI . ERK City Attorney's Office Annlelfonns\resauthapprovelCPL lease,doc Resolution No. 06-41 Page ? It was moved by r.harnnion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: J{ Bailey x Champion X Correia . Elliott J{ x O'Donnell x Vanderhoef x Wilburn --.- ---- . LEASE BETWEEN THE CITY OF IOWA CITY AND LEADING EDGE ENTERPRISES. L.L.C.. D/B/A NEW YORK NY DELI This Lease Agreement ("Lease") is made by and between the City of Iowa City ("City" or "Landlord") and Leading Edge Enterprises, L.L.C., d/b/a New York NY Qeli ("Tenant") in Iowa City, Iowa, RECITALS A. The City of Iowa City, a municipal corporation, is the owner of fee title to certain premises situated in the City of Iowa City, State of Iowa, commonly known as the Iowa City Public Library, and has the authority to lease said premises, B, Leading Edge Enterprises, L.L.C" d/b/a New York NY Deli, intend to operate a Deli. C, The parties desire to enter into a lease for space in the Iowa City Public Library, located at 136 S. Dubuque St., Iowa City, IA. I n consideration of the foregoing and the mutual covenants hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree as follows: AGREEMENT 1. DATE. This Lease is made to be effective as of March 1, 2006. 2. PREMISES, Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the Term the real property comprising approximately 4,370 square feet of main floor retail space located in the Iowa City Public Library, 136 S. Dubuque Street, Iowa City, Iowa, more particularly described in the site plan on Exhibit "A" (the "Premises") attached hereto and incorporated herein, together with the continuous and uninterrupted right of access to and from the Premises. 3. TERM. The term of this Lease ('Term") shall be five (5) years, commencing on March 1, 2006, unless sooner terminated pursuant to any provision hereof. Option to Renew. With the exception of Section 5 entitled "rent," Tenant shall have the option to renew this Lease upon the same terms and conditions contained herein for three (3) successive three (3) year terms following the initial term. Tenant shall be required to give notice to Landlord, in writing, not less than one hundred-twenty (120) days prior to the expiration of the current term of Tenant's intent to exercise an option for a renewal term. The Parties shall complete renegotiation of rent no later than sixty (60) days prior to the expiration of the then-<:urrent term. Should Landlord and Tenant fail to reach agreement on rent by these deadlines, the Options will expire, 4. FIT -OUT. The Premises are provided to the Tenant in "as is' condition. However, Landlord will commit up to $37,000.00 for costs associated with Tenant's installation of two (2) handicap- accessible bathrooms. Landlord will refund to Tenant up to $37,000.00 in said expenses upon Landlord's receipt of written itemization, with supporting documentation, of said costs from Tenant. All such receipts will be provided to Landlord no later than May 1, 2006. Both the bathrooms and all other fit-out by Tenant are subject to the approval of Landlord, 5. RErIT. Tenant shall pay a deposit for damage or default in the amount of one month's base rent upon the execution of this lease. Said deposit may not be offered by Tenant in lieu of regular monthly rent payments, Tenant shall pay to Landlord $5,462.50 per month as rent for the use of the -' ~-~.......-......."~ ~------- Premises, payable in advance on or before the first day of each calendar month of the Term. Rent will not be due or owing during the first three (3) months of the term. Rent shall be payable to the Iowa City Public Library, at 123 S. Linn St., Iowa City, IA 52240, or at such other address as Landlord may designate by written notice as provided herein. 6. UTILITIES AND JANITORIAL. Tenant shall pay for all utilities on a pro rata basis based on the square footage of the Premises as a percentage of the square footage of the entire building. Utilities to be paid include water, sewer, gas, and electricity. Tenant shall pay for all janitorial services and regular cleaning service to the Premises, as well as garbage removal. Landlord will be responsible for any common area maintenance, including, but not limited to, exterior window cleaning (twice a year), and sidewalk cleaning. Tenant may wish to enhance the upkeep of the sidewalk and exterior windows as needed outside of this set maintenance schedule. 7. USE OF PREMISES. Tenant shall use the Premises for the conduct of Tenant's operation of a Deli and any other activities reasonably related thereto. The Premises may not be used for any other purpose without written approval of Landlord. 8, PARKING. The Premises includes no provision for parking, Tenant must secure its own parking, 9. QUIET ENJOYMENT, Landlord covenants and agrees that so long as Tenant observes and performs all of the agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi-public agency or governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action and the rent applying to the unexpired portion of the Term will abate. 10. PROHIBITED BEHAVIOR. Neither smoking nor sale or consumption of alcoholic beverages is allowed anywhere on the Premises. This includes both tenant-occupied areas and all common areas of the building. 11. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants and covenants to Tenant that as of the Commencement Date: (a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in this Lease; (b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements; and (c) the Premises does not contain any asbestos or Hazardous Materials (as defined in Section 28 herein) and Landlord is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated, manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determined by a Court of competent jurisdiction. 12. ASSIGNMENT AND SUBLETTING, Tenant shall not assign this Lease, or sublease all or a part of the Premises for any purpose, without the prior written consent of Landlord. If Tenant subleases all or a part of the Premises with Landlord's written consent, Tenant agrees to remain primarily liable for the payment of rent for the remaining term of this Lease. 2 __',m_.__ -.--.---.,. .-- . 13. ALTERATIONS. IMPROVEMENTS AND ADDITIONS, Tenant, without Landlord's consent, may make any alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable, except for structural repairs and maintenance, which are the sole obligation of Landlord, provided such alteration, improvement, or addition costs not more than one thousand dollars ($1,000.00), For any improvements exceeding one thousand dollars ($1,000.00), in seeking Landlord's approval, Tenant shall submit a written description of the proposed work along with plans and drawings respecting the same to Landlord for Landlord's approval, which approval shall not be unreasonably delayed or withheld. Tenant, at its option, may remove such alterations, improvements, or additions made by it in, on or about the Premises if the removal may be done without structural damage to the Premises, Tenant's personal property and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises (structural or non- structural) that may be required on account of any existing or future laws of any governmental authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the nature of Tenant's business. In no event shall Tenant make any changes, modifications, alternations, or additional to the exterior of the Premises without Landlords' specific written approval, notwithstanding any prOVision contained herein to the contrary, 14. REPAIRS AND MAINTENANCE. Tenant shall make ordinary interior repairs in the Premises, as well as be responsible for protecting against insect and pest infestation. Landlord shall maintain and promptly make all exterior repairs and common area maintenance, all repairs, replacements or retro-frtting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, wall, roof (including water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay, or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the Building System. As used herein, 'Building Systems' means the building utility elements essential for Tenant's use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water, sewer, electric and other utility lines and all elevator services and maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and condition, or better, as the same were in the commencement of the Term, damage by fire and items covered by extended coverage insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant and Landlord's failure to repair excepted. 15. SIGNAGE. Tenant may, at Tenant's expense, install signage, consistent with City Code requirements, and subject to the approval of Landlord. Tenant is responsible for care, maintenance, and replacement of any and all signs, 16. TAXES. Tenant, during the Term, shall pay promptly when due, all general ad valorem real estate taxes and assessments which may be imposed upon the Premises. Tenant shall further pay all taxes assessed against and levied upon Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term 'real estate tax'" includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy, penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage or other improvement district thereof or any public or quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon Landlord's right to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises. 3 17, INSURANCE, Tenant covenants and agrees that it will at its own expense procure and maintain general insurance in a company or companies authorized to do business in the State of Iowa, in the following amounts: Tvpe of Coveraae a, Comprehensive General Liability Each Occurrence Aaareaate (1) Bodily Injury & Property Damage $1,000,000 $2,000,000 b, Excess Liability $1,000,000 $1,000,000 c. Worker's Compensation Insurance as required by Chapter 85, Code of Iowa, Tenant's insurance carrier shall be A rated or better by AM. Best. Tenant shall name the Landlord as an additional insured. Tenant shall deliver to the Landlord, within thirty (30) days of execution of this Lease, Certificates of Insurance and copies of said policies, naming the Landlord as an additional insured, Tenant shall provide fifteen (15) days' notice to the Landlord before cancellation of said insurance, 18. INDEMNITY. Landlord hereby disclaims, and Tenant hereby releases the Landlord from any and all liability, whether in contract or tort (including strict liability and negligence) for any loss, damage or injury of any nature whatsoever sustained by Tenant, its employees, agents or invitees during the term of this Lease, including, but not limited to, loss, damage or injury to the property of Tenant that may be located or stored in the Premises, unless such loss, damage or injury is caused by the Landlord's gross negligence or intentional willful misconduct. The parties hereby agree that under no circumstances shall the Landlord be liable for indirect, consequential, special or exemplary damages, whether in contract or tort (including strict liability and negligence), such as, but not limited to, loss of revenue or anticipated profits or other damage related to the leasing of the Premises under this Lease. 19. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work required to be done under this Section with reasonable promptness and diligence, In the event Landlord repairs or restores the Premises, the rent due under this Lease shall be abated or reduced proportionately during any period which, by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. If Landlord does not commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by giving Landlord notice of Tenant's election to do so at any time prior to the commencement of the repair or restoration, In that event, this Lease shall terminate as of the date of such damage or destruction, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. 20, CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called .condemnation"), this Lease, at Tenant's sole discretion, shall automatically terminate, without further liability other than accrued but unpaid rent, utilities and or applicable taxes, as of the date the condemning authority takes title or possession, whichever occurs first. If any other taking (of the Premises or otherwise) adversely and substantially affects Tenant's use, access, or rights of ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning authority takes possession, without further liability other than accrued but unpaid rent, utilities and or applicable taxes. Tenant's election to terminate shall be made in 4 -~--,-~ writing within thirty (30) days after Landlord has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the condemning authority has taken possession), If Tenant does not terminate this Lease in accordance with this Section, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition, Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the remainder of the Premises to the reasonable satisfaction of Tenant. Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord, whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures, removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's relocation and moving expenses. . 21. DEFAULTS. The following shall constitute "Events of Default": (a) Monetarv. Tenant shall fail to pay rent at the time required or any other monetary obligation or payment required under this Lease when due, and such failure shall continue for a period of ten (10) days following written notice from Landlord to Tenant; or (b) Non-oerformance. Tenant shall fail to observe or perform any of the other covenants, terms or conditions contained in the Lease, or a warranty made by Tenant shall fail to be accurate and complete, and such failure shall continue and not be cured for a period of thirty (30) days after written notice by Landlord to Tenant, provided that if the default is not reasonably susceptible of being cured within thirty (30) days, an Event of Default shall occur only if the Tenant fails to promptly commence such cure or fails thereafter to diligently pursue such efforts to completion; or (c) Bankruptcv: Receivership. If (i) Tenant files a petition in bankruptcy or for reorganization or for an arrangement pursuant to any present or future federal or state bankruptcy law or under any similar federal or state law, or is adjudicated a bankrupt or insolvent, or makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or a reorganization of Tenant under any present or future federal or state bankruptcy law or any similar federal or state law is filed in any court and such petition or answer is not discharged or denied within thirty (30) days after the filing thereof; or (ii) A receiver, trustee or liquidator of Tenant of all or substantially all of the assets of Tenant or of the Leased Premises or any portion thereof is appointed in any proceeding brought by or against Tenant and is not discharged within thirty (30) days after such appointment or if Tenant consents to or acquiesces in such appointment. 22, REMEDIES. Upon the occurrence of an Event of Default by Tenant, or at any time thereafter during the continuance of such Event of Default, Landlord may take any of the following actions and shall have the following rights against Tenant: (a) Termination. Landlord may elect to terminate the Lease by giving no less than thirty (30) days' prior written notice thereof to Tenant, and upon the passage of time specified in such notice, this Lease and. all rights of Tenant hereunder shall terminate as fully and completely and with the same effect as if such date were the date herein fixed for expiration of the Term and Tenant shall remain liable as provided in Section (c) below. (b) Eviction. Landlord shall have the immediate right upon termination of this Lease to bring an action for forcible entry and detainer. 5 " (c) Tenant to Remain Liable. No termination of this Lease pursuant to the provisions of this lease, by operation of law or otherwise, and no repossession of the Premises or any part thereof pursuant to this Lease or otherwise shall relieve Tenant of its liabilities and obligations hereunder, all of which shall survive such termination, repossession or reletting. (d) Damaaes. In the event of any termination of this Lease or eviction from or repossession of the Premises or any part thereof by reason of the occurrence of an Event of Default: (i) Rent and Charaes. Tenant shall pay to Landlord the rent and other sums and charges required to be paid by Tenant for the period to and including the end of the applicable Term or expiration of an exercised option period as provided for by Section 3 above. whichever is later. (ii) Leased Premises. Landlord shall be entitled to offset any amount owing by Tenant under the preceding section, (d){i), against any .value added damages' Landlord may be liable for pursuant to this Lease, (e) Riahts Cumulative. Non-Waiver. No right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute. In addition to the other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling performance of this Lease, or to any other remedy allowed to Landlord at law or in equity. (f) Landlord's Riaht to Cure. If after written notice, Tenant fails to pay any utilities charges described in Section 5, insurance premiums described in Section 15, the cost of any of the repairs or maintenance required to be made by Tenant pursuant to the Lease or any other charges, costs or expenses required to be paid under the Lease, Landlord shall have the right, but not the obligation, to make all such payments, and in addition to its other remedies under this Lease, Landlord shall have the option of requiring Tenant to repay to Landlord the amount of such payments (which shall be deemed additional rent hereunder) on demand with interest after demand at 10% rate per annum. (the "Default Rate"). (g) Late Charne. Default Rate. If Landlord does not receive payment of any installment of rent or any other sum or charge required to be paid by Tenant to Landlord hereunder within ten (10) days after the same falls due (regardless of whether Tenant has received notice of the delinquency), Landlord may impose a late charge equal to five percent (5%) of the amount of such delinquent sum and if such sum is not received by Landlord within thirty (30) days of its due date, such sum shall, in addition, bear interest at the Default Rate from the due date until the date paid. (h) Non-Waiver. The failure of Landlord to insist upon strict performance of any of the covenants or conditions of the Lease, or to exercise any options herein conferred in anyone or more instances shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or option, but the same shall be and remain in full force and effect. The receipt by Landlord of any rent or any other sum payable hereunder with knowledge of the breach of any covenants or agreements contained herein shall not be deemed a waiver of such breach. 23. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant from month-ta-month, subject to all of the conditions, prOVisions and obligations of this Lease insofar as they are applicable to a month-to-month tenancy. 24. ACCESS BY LANDLORD. 6 - ~- (a) Landlord or Landlord's agents, representatives or employees shall have the right at any time upon at least twenty-four (24) hours oral notice (except in emergencies, in which case only such notice, if any, as may be feasible under the circumstances shall be required) to enter upon the Premises for the purposes of inspecting the same, determining whether this Lease is being complied with, and curing (as permitted herein) any default by Tenant. (b) Landlord or Landlord's agents, representatives, or employees shall have the right whenever necessary and without notice to enter upon the Premises for the purpose of repairing or maintaining any of Landlord's property adjacent to or abutting the Premises, 25. NON-DISCRIMINATION. Tenant covenants, in consideration of the right to lease the Premises that Tenant, its employees, and agents shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, upgrading, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 26. APPLICABLE LAW. The laws of the State of Iowa shall govern the validity, performance and enforcement of this Lease. 27. NOTICES. Notices, statements and other communications to be given under the terms of the Lease shall be in writing, unless otherwise provided herein, and sent by certified or registered mail, or by commercial courier, return receipt requested, and addressed as follows: If to Landlord: With Copies to: If to Tenant: Library Director Iowa City Attorney Leading Edge Enterprises, L.L.C., 123 S. Linn St. 410 E. Washington St. d/b/a New York NY Deli Iowa City, IA 52240 Iowa City, IA 52240 P.O. Box 131 Mount Vernon, IA 52314 The address and person for written communication may be changed upon ten (10) days' written notice to the other party. 28. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or such other tenants or occupants, from all claims, losses and liabilities arising from or caused by any hazard covered by insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 29. ENVIRONMENTAL MATTERS. Tenant will comply with all environmental laws during the term of the Lease, but shall bear no liability whatsoever and shall not assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense (including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting from Tenant's activities on the Premises. 30. HAZARDOUS MATERIALS. The term "Hazardous Materials' as used herein shall include but not be limited to asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances, and any other chemical, material or related substance exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous materials' or ''toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by Superfund Amendments and Reauthorization Act 42 U,S,C. ~6901, et seq.; the Hazardous Materials 7 --~---,---~- -.------- ---.----- ,_. --.- .' Transportation Ad, 42 U.S.C. ~6901, et seq.; Clean Air Act, 42 U,S.C. ~7901, et seq.; Toxic Substances Control Act, 15 U.S.C. ~2601, et seq,; Clean Water Act, 33 U,S,C. ~1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 31. SEVERABILITY. The invalidity or unenforceability of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any other provision hereof, 32. ENTIRE AGREEMENT. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them. This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties hereto. 33. BINDING EFFECT. The covenants, conditions and agreements contained in the Lease shall bind, apply to and inure to the benefit of the parties hereto and their respective successors. 34. ATTORNEY FEES. If either party named herein brings an action to enforce the terms of this Lease or to declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to its reasonable attorney's fees to be paid by losing party as fixed by the court. 35. HEADING. Headings as to the contents of particular sections herein are inserted only for convenience, and are in no way to be construed as a part of the Lease or as a limitation on the scope of the particular section to which they refer. 36. COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original and all of which shall, when taken together, constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective as of the day and year first above written. Landlord: Tenant: CITY OF IOWA CITY LEADING EDGE ENTERPRISES, L.L.C" d/b/a New York NY Deli G-1. W JL Mayor ~ Attest: ~'A4') k ~M) City rk 8 ,.' CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 13./1, day of ':-PA~Il~ ' 2006, before me, the undersigned, a notary public in and for the State of Iowa, perso lIy appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. -~.~ Notary Public in and for the State of Iowa LEADING EDGE ENTERPRISES, L.L.C" D/B/A NEW YORK NY DELI ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this t,r day of Fd~ ' 2006, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mark Loughren and Steve Miller, to me personally known, who being by me duly sworn, did idenf themselves as f eading Edge Enterprises, L.L.C" d/b/a New York NY Deli, and acknowl exe Ion 0 e inS rum t to be their own voluntary act and deed, KEVltl ~ IiANICK Nots.t'U1' ';;;"'101 ~ Iowa. ? I... /h.. '-d- eomm",,,,,,.'543 Notary . . Approved: L~--- ;)'~fo C City Attorney Eric/Library/New Yorl< NY DeIV Lease 9 ----- I . EXHIBIT"AU I I I I I 0 .0 "'" 00 · 8 88.. 888 '. 00 8 """"<mil"" -. o 0,00 0 13I o 0 0 0 0[l~8@CJ . 0 M" ~ -\-f,\ u Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319,339.6100 RESOLUTION NO, 06-42 RESOLUTION ASSESSING $300,00 CIVIL PENALTY AGAINST DAN'S SHORT STOP CORP, WHEREAS, on December 20,2005, an employee of Dan's Short Stop Corp" 2221 Rochester Avenue, Iowa City, violated Iowa Code S 453A,2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Dan's Short Stop Corp, was operating under a retail cigarette permit issued by the City ofIowa City; and WHEREAS, pursuant to Iowa Code S 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a ciyil penalty of $300.00 as a result of its employee violating Iowa Code S 453A,2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Dan's Short Stop Corp, and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, ifany; and WHEREAS, this violation is the first such violation of an employee of Dan's Short Stop Corp, within a two year period to be considered by the City Council under Iowa Code S 453A,22(2), NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code S 453A.22(2) hereby imposes a ciyil penalty in the amount of$300,OO against Dan's Short Stop Corp, BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the ciyil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days, in addition to the $300,00 civil penalty, BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the penn it holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 13. 2006 ~G~ , Mayor, City ofrowa City {I. 300 rAtO .:J./ /4{ 01, ATTEST: )~ -I!. ~ City k, City ofIowa City Resolution No. 06-42 Page ? It was moved by Vanderhoef and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion x Correia x Elliott X O'Donnell x Vanderhoef X Wilburn -- ;;F'g> I '_1 ; 0 T-CIW 1IOlES 0 NON-RES i I: 0 O~-C&R ofJ HiS 'jitNON-HiS I !i ' ARMED 'D YES~O I l PLAINTIFF i: 1lC~ta"oflowa 162875 II ! ~]c:oanty or ___. JOHNSON No.' ... l 0 City of IOWA CITY 1 [11 the COllr' at 417 S~ CLINTON _STREET, JOHNSON COUNTY COURTHOUSE l ----...--.-----. ---..---.-.---.------.--... --.---- I~AME: ~n~'~' ~ ~Dh1~ _ Defendant, Last' I FIrSt Middle I Address 17 t,..Joo.trr~.,)'" /~ fiG" ! City ~ ii.fY~ ~ __ State 171- Zir6L2..~KJ 1 SS/DL# Z. C; StatP~ Co, # ,~--z.. ! DL Class DL End DL ~e.st._ 'DOB ;.' 7/ /Rt. Race ft Sex rvJ Ht~Wtr~ f The undersIgned states that on or about "Z./2.oI6~ at ?~7 OAM~M J defendant did unlawfully: Mo. Day Yr. t 'I! Operate Motor Vehicle/Boal (describe) I: CMV DYes DNa HazMat Plac. Reg. 0 Yes 0 NO(_,:;::\~;S DOt~ ; Reg. # St~e C_' ,<, Year ~ Upon a public highway at rr. ."- (~? j Located in the county and state aforesaid and did then and ther~,comm\l. e following offense: i, o Traffic 0 Navigation 0 SnowmobilelATV ,pFish-Game o Parks ) ""<? II-! ~chedulcd ViO/[<'jJ1C $~_Lf?tJ_.~ [i'~~i';!..t(Jllst~if~)ll LIllie \ ( n O~~hcdul~iolatJOn ! Surcharge $ " Dc~l~npeara~'1Rcql!ilcd (SO'i_jO) ~ !2/"'\ Re~~ \.,,", I' Do Court Costs $ c::;;JC./ OP.I.OP.D.($lOOO)Accident I. 0 Fatal Accident ',Not Total Fine/Custs $ "z.. - DCivil Damage Asse ment I Violation ~~ ~ Write Speed In Zone-Sec. # C E I DATA CODE Fed/Adm. Code RTIFICATE : In t bdema Berkley Clerk of th O' f I I certify under penalty of perjury and pursuant to the 1 ws of the State of Iowa that the CourtoftheStat.of'~. in andfOl ~~:o~ "preceding is true and correct. ~ Countv. do hereby cen,fy th.t this is . true and I Th>s / Z / U IO.r - .;>;J uv t' :':;~~~~i;""" of the O/lQ.n.1 Jnstrumen~s) Dated Mo. D,y y,. No office consisting of Space INTEsnMONYWHEREO pages. CUllrt !)alc If you must appear in court or if you choose to appear to answer a charge lei my hand .nd .ff' ~ h FS.1 have hereunto which does not require an ap~arance, repore above named court on: ,,~t e eelofsaidCo It t;; - at my 'inJowaCiIy.lowathis I dun I' / / 0 at M 0 PM of ---:--- ay Mo. Da Yr. lOOEM BERKLEY O-noln NOTICE Providing.false ~nfonnation is a violation o,f Section 719. of the Code of erk f O. . C Iowa and IS pumshable as an aggravated mIsdemeanor. Q Istr ourt B . 1\-:v ~lgnalUrl' below is nol a pic I ,_ [f',lIil-. e'l;l \\!~~,.1~_"." 'lil ,;f liw r,-,;j(,wing I. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information 2 I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: 711>" 3. I hereby give my unsecured appearance bond in the amount of (J dollars and enter my written appearance. I a ree that if I fail to appear in person or by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my a pearanee bond in ' on 0 the penalty and surcharge plus court costs 1A.17.5 -- '- r~ ~ Dr::; ~~ TO' GA TKOMPSON co p,O sox 720254 OAUAS, TX 75372 31130571 B.6 --~----~--~- IMPORTA~T fC'f :t sinn'k lifi\C;"; i:;:ill\OI .\VI1\:'\I iht' ~1<i':~'n i:i." 'l!j':!l~:i; -d bond. i: ':<Ui'i,. \\lVi,,~\4jf~lly raJi~- W;\pp~ar HI (\; ;:! ,lS ;i~l':(.:l':icd "thi:' ~imtlOn- lilY Ibe ',"ubJCc{' to dlTCq CHid/or lu"s (jj Ui "iLlY pnvJ!ct"(" 1<'-'\';1 Gr a n. >II 1t'<';J(I(,fI\ ',,, h<lil,(''-ialc .-' '~TS~' S!C,~' -'t l1n:: citation dew,; not "hew '\;om 1 ~1!'r(:lLltlC: n quirqf' 4- \-()u -' q,rr:'" ,1 OJ >'\:;:U\1: pn,.! in (Ill' :I 'TP,'"f,H1n: dale ddnc()' in ;)\,. ,i'h' d1,,';:k ., 1'01 [1\i Ille ('ontelll!'1 (Of L:{);jrL iU\>i nL'IL' <;:r::C'TI(lN ')j 1.:' :';IJlZCHAy(a: - \\-ilc!! a court iJllp()Se:-. a nUL ('1 tori':'HuL' illr a vio1~:;j;_)J1 (d a ~tai(~ uf a or dHmly urdin.diKt ~:\C'.'rl ..:n on!li' J'h:,' 1h(' '/\,Ju;..k's, pu-,-sm~_ni 10 ii;\, ,-<t)., 'j) qu,d to u .r il;,-, i:.: \I '''r(~"I~lll',' .,ff..')L<:S, i;" "';d!l be hi ,';:C :i)':qi tUl:lIi:l1. or rj~H'" (It 1 >;f'i.:'itufl'S q,w ,<,1(" ;:Jl 'i!\:p,-,;" \\'h';;;i 1';, {;I 1('1;" ';;!,' L' ""-;!!'!id, 'ilnJc or Tn ,,"'1 lh,' '~W' niT',;' ,\n:.J! h;,: F'd'!i;,:,,1 in pn1p,:n;cn h, ihe :lIlH'lTnt ~u"IK'ndcd, ;'jl(~ ~,UI'./Hr,-~(~ if' 1(1 iht' un)'.1S'i(!\,,,, .); Ch,~!';"l q()'.) ~l'l'\","nin? Ih~~ l'dY:lKIH and cn!l~'ctll)tJ nf fines, as [)1"()\,lded in ')(',:p\,.!! \)(;9.'i. .WPEAR\NCF PLEAOF C;i'lLTY Qb~,: !ili 1:<;1';1 Cu C:iUI-: l:ii 7 Q~f.lrL" i "2.):\ 'i'3~~- n." (~\' \.:1:1....) ~l) :ip:p.'~dr:) :((:'-0.;.1 ~): '(G~llii':;;Ji! id'the ,)ill',,': (he i)li1cr "j Jhi~h";ll;H!(\n I h.l'l' f1Jni"k';\;x! of :n; ,,' lr) (jl,'~p,kd'.j ,\~njll"(, ;'('llIC r(;i,-,~ ,(Olin a~ :t:hj,. ,,-"ill be ..l':,I, In lhe ,{, >Okltc ~~5r iJj lTI) j,':>U.I::fJi:," I 11 "lJ (jifU .'" \i1:d ilITd:!;;~;;>c. clt~~,~;(! <IntI ~J;"'.:(' Ii,) lilc C~'l 1 ~ :.:.'" l'-'lt I,ll lTI\f\Ffcll"" I, :Po::', -::',." ':':",,".--"'1 .- ClJ ( , " ~~, A:: - __,,___+_ .' ! 91, ,,;,,,,i), ,,', y, I ,'r"H ,~~f.{r rt~ PO~J B.\H TO OHT/dN HELEASl( 1 ~ \ " " , ;1\.- \;, 1(';' .t'- \)i.' I,ODl t 1.:n,lH\i!l. 01 ;md ! ill ;j lraHic \lu!;lIlOft.., 'Hr:,:'\' 1 . 1'ur;:d!cd i,v !]'l' dL,','J. ! , .. " ,:- , '" c,' ",' , ' >,' ,', ,"~' .,.., ,"" ',~, _ ,,' " ' .. ' '," c, ' ^'. ",.'~,""" . \ ~, ;1 yUlL _;l;h,,'~~~ '" jll(.',tJ,.,OI ~:I!..ILI\, Ih_ .,1:[':0.'1 iWl.) 1\..-I(:a.,,~ .'U~; tnHIJ r.-~--"-I hI ") ('j\JI1g" )OU m;HI Llt::;Li;1WI1. tl)(1 Oi),~ ail':! ;<11 )1If'.'\ I I .. '," :(.; ii; (..i:,,' iiJid iiil" jil,' 1;<1'; :;i!;J en,;,. ~T illq' :1"'.,1 iTd 'il'ikah i-,,' ('i'-ii",. Cli',d ' ,~l;~"~ h' l;:.j ~'<'d,~ ;i ---~ 11'% D a n , s S h 0 r t S t 0 P We appreciate your efforts to protect, youth from tobacco advertisements. From the Johnson County Tobacco Free Coalition - ------~~--- 11-':1 I , I Le~.rs Catholic Education Center, where approximately 900 stu- Thanks to dents in grades Pl(-I2 attend , school. i store owner I encourage the own.... of other convenience Ilf~ and I I would like to commend businesses that sell ~ and Dan Glasgow, owner and opera- sm9lting re~ ~ito~l- tor of Dan's Shortstop ~t 2221 low the lead Glasgow f!,8s ~ fer Rochester Ave, in Iowa City, for theoonummity. taking ~ voluntary, pI'lJal;tive I thank Glasgow.for ~ step to cwbthe advertisement of the~ to tate ~lItlI ~ tobacco products to YOlUlg pel>- in he!j>ill; our y~ ~ plQ tmder the agQ of IS. . stay ~w~Y from ~, Whik some'owners of CQIl- Dean ~ 1Il~ vonient stores in the 8lta are RegIna .Tlmior I~_ lllIIively prrlmoting their busi- nQlSeS as ci81lfetlQ centers, G'-8ow receillIy I1IO\ftd (IX' is in the i'fUC<'SS of moving) all of hi$ ~and smoking re~ p((ldpclS so they are not as pt'OllIinently displ~yed in his SUR. NeJ!;t time Y()U are in ~ col)" venienl:e slore,tate ~ molllent to notice the nuJn!>eralld 8lI1O\'II/:of~and~ reI.ated~ dW cltl{ti;t the cQI!Iltet . and ........ ab.;W" atllflelow ~~'. ~!iiW, ~ iIaS ~ .,.fJIOsli i*'~away ti\1fti'tliQ iJlliile. 41.IlDe or. to Qdleit ~ bl!lIln4 the~, .~ w!1o\YlIllIl!>ilI'>' tbosQ ~ClIl\l!l!lf~~...' For Ur..=#> .: ~...,"'lt .~~~'" . ~,~.~ lhl1t our ~'M!e\!!lJ~ Y ..' ... need to he.~~~Wllh tobacco,. adSandtf!, .!\(~illIl$4l every lqrn, This is a paiticllIiir !\Ote /liven dW Dan's Short Stop is located itl:unediately across from the Regina Interparish -_.~---~- .--.-- ---. f'V\.f.,-\ ~ ,.J Prepared by: Andrew Chappell, Assistant County Attorney, P.O, Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO, 06-43 nh_L.) RESOLUTION ASSESSING $300,00 CIVIL PENALTY AGAINST KUM & GO LC WHEREAS, on December 20,2005, an employee ofKum & Go LC, 523 S, Riyerside, Iowa City, yiolated Iowa Code 9 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of this violation Kum & Go LC was operating under a retail cigarette permit issued by the City ofIowa City; and WHEREAS, pursuant to Iowa Code 9 453A.22(2), an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 as a result of its employee violating Iowa Code 9 453A.2(1), after a hearing and proper notice; and WHEREAS, a hearing was held on this date by the City Council to determine whether to assess the civil penalty against Kum & Go LC and at said hearing the City Council heard the facts of the violation and the arguments of the permitee, if any; and WHEREAS, this violation is the first such violation of an employee ofKum & Go LC within a two year period to be considered by the City Council under Iowa Code 9 453A,22(2), NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A CITY CITY COUNCIL that the City Council, after notice and hearing, and pursuant to Iowa Code 9 453A.22(2) hereby imposes a ciyil penalty in the amount of $300,00 against Kum & Go LC. BE IT FURTHER RESOLVED, that said retail cigarette permitee has twenty (20) days from the date of this Resolution to pay the civil penalty in full, and if the civil penalty is not timely paid the retail cigarette permit held by the permitee shall automatically be suspended for a period of fourteen (14) days, in addition to the $300,00 civil penalty, BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. G~rG~' '''' Mayor, City of Iowa City ATTEST:~~A~ ~ ~~ City rk, City ofIowa City Resolution No. 06-43 Page 2 It was moved by R~i 1 ~y and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion y Correia y Elliott x O'Donnell x Vanderhoef x Wilburn -".~-~-~. F9 r ----.- ._~ ..." nr:"C.C:;"lnt\~IT"1 n !::lI=S o NON.RES J1 It OT-C~ 1 --'~COMPLAINT ORES "",",ON-RES ' OOC -C&R ! -I o~-u ORMClTATION AND COMPLAINT 0 HIS ~ON-HIS , 'DS IOWA CITY POLICE DEPARTMENT ARMED 0 YE~O PLAINT~ ". INC#~~~~ t~~~~~"~y ofw: ,-_ J~J~;oIt. :r,~~j';?,l &-2 8 7 3 I o City of; IOWA CITY In rh, e""" ",__'117,5, C.l:II'I!ON.sIfI_El:l'cJ_O':lI-l~()N_COUNTY.<:.().uRTHOlJg_.____ ~AME: 'TT~~>. .JAr:-e:>.b w/I~II9"'" Defendant. Last 7# First Middle I Addre~2~~ .s;r Nb-J ., City ~/c</r State~ Zip5Z~DJ I SS/DL# 723 vy 9Z>Zq State :zJtJ. Co, # ~z.. DL Class c... DL End DL Rest. DOB Z 1'Z;3 eo{ Race /.Iv Sex M H6 '/1 ~y- The undersigned states that on or about I L / 7~/ Z)~ L ~~ U [] AM ~ I I ! defendant did unlawfully: Mo. Day Yr. ! Operate Motor Vehic1eJBoal (describe) _, CMV DYes DNa HazMatPlac.Req. DYes DNa C}USDO'P# Reg # t Sta~ ~Y7,. Upon a public highway at R2. h4 oJ-. ~, ":/ "e Located in the county and state aforesaid and did then andf.ih~ie comri'J':it:lhe fQiI~wing offense: . 1;,,::> ~affic 0 Navigation 0 Snowmobile/ATV 'DFish-Ga e Qparks ~Chedukd Vio/Fine ,: ~ --::;' -a;. ". ORdadConsli-dttiofl Zone ! .-':,:....., o ~'Lly>;FheJur;fiVj()!ation Surcharge $ []Q}~prcar:.zpz:e RcquircJ (805.JO) f~<:&:. _J Do Court'Costs $ o ilJ. 1:] PD. ($1000) Acc;dent o Fatal Accident To!a1 Fin~' o Civil Damage Assessment , Not ,I, Violatio ,. tl Write Speed In Zone-Sec. # [A Code " DATA CODE Fed! Adm, Code LocalOrd. I' In I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the I preceding is true and correct. ~?~~,~~ , " Dated~ Z-/ Zot ~r i CERTifiCATE . ii I, Lodema Berkley ,Clark of the Oistr o. Day Yr. ~ Of cer's Signatur IO . I, Court of the State of Iowa, in and for John ,;; ace Coun Date: If you must appear in court or if you choose to appear to answer a charge 11 County, do hereby cattily that this is a true, d complete copy of the Original Instrument s) which does not re~uire an appearance, report h~ove named court on: filed in this / Ilr It)(p at OPM it office consisting of 1 pages. Mo. Da y,- I IN TESTIMONY WHEREOF,I have hereu 0 !-iOTfCr' Providing false information is a violation of Section 719. of the Code of set my hand and affixed the seal~o rt Iowa and is punishable as an aggravated misdemeanor. at my 0 ice in Iowa City, Iowa this day of .;lcX)tniVl c'l~>"'~')'(' iyJ. ,., I,U!.1 ,.J ", ~. . 'I", I'",r: ""'II;g LOOEMA 8ERKLEY 1, I hereb~ ~wear an~ affirm ~at the mformation proVIded by me on tlus citatIOn is true under penalty ,,,---:--~--~~. ofprovldmgfalsemfonnatlOn C rK of D::,;trj!~~L1rt I 0 2 I promIse to appear m saId court at saId tlme and pl<lce, or I wlllwmpl) ~lth the provision on the By . .J..I L.r.. top oj the reverse Side of the cltatlon - -- ,.;, follow,", 'pph" 10 "mp" m"demoano", ooly ),J, 8' / 3 I hereby give my unsecured appearance bond III the amount of dollars and enter my written appearance. I agree that if I fail to appear in per~on or by cOllnsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appea nee bond in satisfaction of the penalty and surcharge plus court costs. 'r Signatu fendant .~~~-~--- ! 11'HPORTANT i , j(\l ;J :-wlpk J~lJ-:;rkmeanilr \dll',[l ih,,~ p<r':nn ~'il\'d 11;" ';u~1..ilkd bond.. I ~! O~'i son \.\11<, \\'iiJ!uJ;', (;til' IU :\Iii)~;lr 'f1 ,;(Hrf a\ c;pi:('Ji'Ld thv ~atioll ill:; h~ snbj.:-:! 10 cllTe-;( ;:1],1/(,) J<J<;:-; or prj\jJvge~: ]\.I\,,'a (if " i f non-i'c,-.;idcnt's lW!:lt: :.(;~tc_ I It :;$, n..'\crq' sidL :n tLis ciult!n!l (he',,: not 'iI10\\' "cour( I in::) l T1!cr pka oj " "'fif;Ci' ';1' d,<~' " , I 'I I I I' I I] I named. ,I ;HJY L~,:";():l. Yilt! n:ny h,::'!(j -i~~empl " r"J,'t ftl\VA \ ~)I)L ;;;ECThJN 9 j! ,,\';URC!i.~~ _~ \V$:t a unUI IHiPO<:[:-S ,( (;1 ;crfcitll!(, f,- 'J;:.J:I,j(\j <.If a St:ll(~ h\~tl.r'Ol' ,I Ct:l:()f~li\' ordllufll't: -"..,....'. . , . l' _,'_ ':' .. '.' '':\(.(';:'.[ drl ;,;dtVill::,' the. i\1f:<!nv _~ ;)10['1[......_'(11 "" pu; :.;tT:1n{ ($ 'f", , (',f! "cll"ll ,'cUll "i1E:ll,ii<c" i' ~'b;~ 'c) " G::i:;.__.. thj,' f:~w ;;!: :(ln~'1 i,n\' ;;n;-U';f,.~:.aij~t;tH' l'\'crlJp:l. 11,' 'Ipk Olft:r::<"i, ';;1:.1J I ", '-'je:,; 'iPVl the [.:)t~Siiwum aJ::luk (Ii (1,,(ClUfe'; :i.!l d!kn:<' \\'IWll :1 fiJi,' ',ll' !\~l\~ j;; lQS;wl1ikd Fl v,r:oJl' ill . z:, >7:.1. !"i !i] ~" 1:1"" [<.f'Je"j ;(1.pn:~po!go:' Ie i,to ;)1i1'il:,~l 1 lhv 1"O\'''tim~:>><*-Cllil;:'1~9()9 'he pi di,m ',j ;i'lV<.;. ;1' P:Yf\-jdcd in S'.'-CllQn )09)': :\l'f'EAIUNCE PLEA OF GlHLTY r,i;;) r," .!UhW(ll! t\,. (,'k -k (If C, ,!:(I' 1/ S ( liniwJ~:U !,!\-,:, C;I/ 1\ )!.:-tD I ,[1,1 ;;:l;E" :lpp\:;:r:uh"c.' :,';1 1)1(' uf lh(: n;l"j- rhe other '--ill\' ,[ l'ICl1inn. 1 h: I,. en in1iJi !lied oj <"';l :j',;1 i :: ; ~ : illl" r+;: pi "y,lh Ii:; ihi' <\n~; .,!\ ;1.1 '-]':'0',; i') C';I;rl alld Iii;:, !,,'Add :;1 -C1Jl !u the ! :",'n nfTL1;")';;'; It ill',,: q :1" (',\1' i.f (!h".l~,L :\1\ P:,t(k":,Cl:) 1,;;' i1 L;l'" F'],F\l) (It'il TY I,d .;"jd :j!'kn"c ..h ;'1':\' i,) Ull' 'f(J POST II ;J i H) cnn \J\ L~r' Ll' \SE 'J! \\1,) ii1)1 u::r, <HdIH'iL ;),,;,'[;'; '(,.j ,;1 r,i)::1 :in'.! ; t't " ,-', "1 ~ l; ; ; ~ i j (; J i ;, ' j(' !~H <111:-; --'-' -. ,-...-.... _...~- +.._.~- -. "-' XI.,'j)\ W;!ij,!l tj-;,: (:n:l.:(~'. f ~ .. '. I',;,> In j;~':L,l ~~(n (I; "L'!"{. Ii\-...' (,[:'i\.'ct W:l.\ ,ek,,;,;,:' )~ld Ul.iD' Ili 1:):':: ,,',Lilhlll. ilud ,I,k' ii:id..'il~- 1;;',;' UI!Jl:" ;",,' y.~ril_.. S:~lq.r1 1.1:::j: 'l!' ill ii;;u ur- (ine ;;:Fl "(hi,'; " 2\J;J(;~ i:l,' ,) ;"!" ~ "I hili"~] C,'fil!icm I,;, ,;l;l!;T')<'[l! ;!\ c'; in' ,;1 J 1 ,h) ';;c1 'J il; ",'1 ii r,d! ,'~n:;, :J M1j -\':\0 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO, 06-44 RESOLUTION ACCEPTING CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG COMPANY D/B/A HARTIG DRUG STORE WHEREAS, on December 20,2005, an employee of Hartig Drug Company d/b/a Hartig Drug Store, 701 Mormon Trek Blyd, Iowa City, violated Iowa Code ~ 453A.2(l) by selling or providing tobacco to a minor; and WHEREAS, at the time of this yiolation Hartig Drug Store was operating under a retail cigarette permit issued by the City ofIowa City; and WHEREAS, there was a prior violation of Section 453A.2(I) by one of this business's employees or agents within a two-year period; and WHEREAS, pursuant to Iowa Code ~ 453A.22(2), an establishment which holds a retail cigarette permit may be subjected to a ciyil penalty of $300,00 the first time its employee violates Iowa Code ~ 453A.2(l) and, at the establishment's option, either a $1500,00 civil penalty or a suspension of its permit for a period of thirty (30) days the second time its employee violates ~ 453A.2(1) within a two-year period, each after a hearing and proper notice; and WHEREAS, on or about February 8, 2006, Hartig Drug Store waived its right to the hearing required by Iowa Code ~ 453A.22(2) and accepted responsibility for its employee's yiolation of Iowa Code ~ 453A,2(l), by tendering the $1500.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF lOW A CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of$1500.00 civil penalty on behalf of Hartig Drug Store. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then proyide a copy of the same to the retail cigarette permit holder yia regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: February 13, 2006 (~(~~ Mayor, City otlowa City ATTEST: ~ f ~..uJ City rk, City ofIowa City --'" Resolution No. 06-q/, Page ? It was moved by R:=d 1 P:y and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn ~ ~ 10 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, fA 52244, 319.339.6100 RESOLUTION NO, RESOLUTION ASSESSING $1500,00 CIVIL PENALTY OR T IRTY DAY RETAIL CIGARETTE PERMIT SUSPENSION AGAINST HARTIG D G COMPANY D/B/A HARTIG DRUG STORE WHEREAS, on ecember 20,2005, an employee of Hartig Drug mpany d/b/a Hartig Drug Store, 70 I Mormon rek Blvd, violated Iowa Code 9 453A,2( I) selling or proyiding tobacco to a minor; and WHEREAS, at the time 0 is violation, Hartig Drug Stor was operating under a retail cigarette permit issued by the City of wa City; and WHEREAS, pursuant to Iowa C e 9 453A,22(2), establishment which holds a retail cigarette permit is subject to a civil penalty $300,00 as a suit of its employee violating Iowa Code 9 453A.2(1), after a hearing and prope notice; an IS subject to a $1500,00 civil penalty or thirty day retail cigarette permit suspension, t the r iler's option, for the second such violation within a two-year period; and WHEREAS, a hearing was held on this te y the City Council to determine whether to assess the ciyil penalty against Hartig Drug S re an t said hearing the City Council heard the facts of the violation and the arguments ofth permitee,' WHEREAS, this violation is the s cond such yiolal1 n of an employee of Hartig Drug Store within a two-year period to be c sidered by the City ouncil under Iowa Code 9453A,22(2). NOW, THEREFORE, BE IT SOLVED BY THE CIT OF lOW A CITY CITY COUNCIL that the City Council, after otice and hearing and pursuant 0 Iowa Code 9 453A.22(2), hereby imposes either a $1500,00 iyil penalty or thirty day retail ci rette permit suspension, against Hartig Drug Store, at its ption, BE IT FURTHER RE OL VED, that said retail cigarette permitee as twenty (20) days from the date of this Resoluti to choose its ciyil penalty by either paying tn $1500,00 civil penalty in full to the City Cler or by deliyering to the City Clerk its retail cigar te permit for seryice of a thirty day suspens n, RESOLVED, that the City Clerk will forward a copy 0 Johnson Co un Attorney's Office, which will then provide a copy of the sa to the retai I cigarette pe it holder via regular mail sent to the permit holder's place of bus 1 ess as it appears on the appli ation for a retail cigarette permit. PASSED AND APPROVED: Mayor, City ofIowa City ATTEST: City Clerk, City ofIowa City NUj ~ 11 Prepared by: Marcia Klingaman, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 06-45 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR THE SYCAMORE GREENWAY TRAIL AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME. WHEREAS, the Iowa City Public Art Program provides for investment in public art annually; and WHEREAS, a Call to Artists was distributed for sculptors to propose sculptures for the Sycamore Greenway Trail; and WHEREAS, the C'ity Council approved the Call to Artists for the Sycamore Greenway Trail at their September 20th, 2005 meeting by adoption of Resolution No, 05-314; and WHEREAS, the Iowa City Public Art Advisory Committee approved the selection of Mark LaMair's "Birds in Flight" sculpture at their January 5, 2006 meeting, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1, The Agreement between the City of Iowa City and the artist Mark LaMair for the design, fabrication, and the installation of the sculptures at the Sycamore Greenway Trail, a copy of which is attached hereto, is hereby approved as to form and content. 2, The Mayor is hereby authorized to sign and the City Clerk to attest said Agreement. Passed and approved this 13th day of February , 20...9.2..-, ~.u~ ATTEST:~ c/! =/iw ;J;;;~ . Q -(;;-010 CITLERK City Attorney's Office It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn neighbor/resllamair.doc "" '\ CITY OF IOWA CITY PUBLIC ART PROGRAM SYCAMORE GREENWAY TRAIL - BIRDS IN FLIGHT AGREEMENT BY AND BETWEEN OWNER AND ARTIST THIS AGREEMENT is made on l'pl"""~ry " 7ool\between the City of Iowa City, hereinafter referred to as the OWNER, and Mark LaMair, hereinafter referred to as the ARTIST. The OWNER'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee, The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the OWNER, on the recommendation of the COMMITTEE, has accepted the proposal for Birds in Flight for installation at the Sycamore Greenway Trail hereinafter referred to as ART WORK. A c;opy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1, Scope of Services 1.1 General a. The ARTIST shall perform all services and furnish all supplies, materials and equipment as necessary for the design, execution, fabrication, transportation and installation of the ART WORK at the site, b. The ARTIST shall at all stages of execution, fabrication and installation coordinate his work with the OWNER'S REPRESENTATIVE. 1,2 Execution of the Work a, The ARTIST shall furnish the OWNER'S REPRESENTATIVE a tentative schedule for completion of fabrication and installation of the ART WORK, including a schedule for the submission of progress reports, if any. The schedule must be approved by OWNER'S REPRESENTATIVE. After written approval of the schedule by the OWNER'S REPRESENTATIVE, the ARTIST shall fabricate, transport and consult with the OWNER'S REPRESENTATIVE on the installation of the ART WORK in accordance with such schedule. Such schedule may be amended by written agreement between the OWNER'S REPRESENTATIVE and the ARTIST. b. The OWNER shall have the right to review the ART WORK at reasonable times during the fabrication thereof, The ARTIST shall submit to the OWNER'S RPRESENTATIVE progress reports in accordance with the schedule provided for in Section 1.2 (a), c, The ARTIST shall complete the fabrication and ensure installation of the ART WORK in substantial conformity with the approved Proposal. d. The ARTIST shall present to the COMMITTEE in writing for further review and 2 approval any significant changes in scope, design, color, size, material or texture of ART WORK not permitted by or not in substantial conformity with the Proposal, A significant change is any change in the scope, design, color, size, material, texture or location of the ART WORK, any change which affects installation, scheduling, site preparation or maintenance for the ART WORK or any change to the concept of the ART WORK as represented in the Proposal, 1.3 Delivery and Installation a, The ARTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of the ART WORK is completed and the ARTIST is ready for its delivery and installation at the site. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than thirty (30) days prior to the ARTISTS intended time of delivery to determine the particulars of delivery time, location and agent designated by the OWNER'S REPRESENTATIVE. c, The ARTIST shall deliver and consult with the OWNER'S REPRESENTATIVE on the installation of the completed ART WORK at the site in compliance with the schedule approved pursuant to Section 1.2 (a). d. The ARTIST shall work with the OWNER'S REPRESENTATIVE in determining the location of the sculpture along the Sycamore Greenway Trail. OWNER'S REPRESENTATIVE shall make the final decision on location, The OWNER shall be responsible for all expenses, labor and equipment to prepare the site and construct sculpture pads designed to adequately support and secure the ART WORK and insure the timely installation of the ART WORK. ARTIST shall install the ART WORK on the sculpture pads, e, Installation of the completed sculpture shall occur no later than July 1, 2006, 1,4 Post Installation a. Within 30 days after the installation of the ART WORK, the ARTIST shall furnish the OWNER'S REPRESENTATIVE with a minimum of twelve (12) slides, photographs (and negatives), or digital photographs on a disk which document the process and development of the ART WORK from beginning fabrication through completion. b. The OWNER shall arrange photographic documentation of the site and the installed ART WORK at the site. c, The ARTIST shall be notified of any dates and times for presentation ceremonies relating to the ART WORK. d. Upon installation of the ART WORK, the ARTIST shall provide to the OWNER'S REPRESENTATIVE written instructions for appropriate maintenance and preservation of the ART WORK. 1.5 Final Acceptance a. The ARTIST shall advise the OWNER'S REPRESENTATIVE in writing when all services in Sections 1.1 through 1,4 (d) have been completed in substantial conformity with the 3 Proposal. This date shall be no later than 6 months after the date of the first installment payment by the ARTIST as detailed in Section 2.1 (a). b. The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK. c, Final acceptance shall be effective on the date of the OWNER'S REPRESENTATIVE'S written notification to ARTIST of final acceptance, 1,6 Risk of Loss The risk of loss or damage to the ART WORK shall be borne by the ARTIST until final acceptance by the OWNER, and the ARTIST shall take such measures as are necessary to protect the ART WORK from loss or damage until final acceptance, The ARTIST shall not be responsible for loss or damage due to vandalism, theft, accidents, or acts of God once installation of the ART WORK is complete, 1,7 Liability, Indemnification and Insurance a. The ARTIST agrees to indemnify, defend and hold OWNER and its officers, employees, and agents harmless from any and all loss, cost, damage and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions or suits based upon or alleging bodily injury, including death, or property damage arising out of or resulting from ARTIST'S operations, duties or responsibilities under this agreement, whether such be by ARTIST himself or by any subcontractor or by anyone directly or indirectly employed by the ARTIST. b. Upon final acceptance of the ART WORK, the OWNER shall, to the extent permitted by law, and without waiving any immunities available thereunder, indemnify and hold harmless the ARTIST against any and all claims or liabilities thereafter made in connection with the ART WORK, the site, the project or this agreement, except claims by the OWNER against the ARTIST and claims which may occur as a result of the ARTIST'S breach of the warranties provided in Article 4. c, The ARTIST and all employees of the ARTIST shall each effect and maintain insurance to protect the ARTIST from claims under workers compensation acts; claims for damages because of bodily injury including personal injury, sickness or disease, or death of any of the ARTIST'S employees or of any person other than the ARTIST'S employees; and from claims for damages because of injury to or destruction of tangible property; including loss of use resulting therefrom; and from claims arising out of the ARTIST'S performance of professional services caused by errors, omissions, or negligent acts for which the ARTIST is legally liable. 1,8 Title Title of the ART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK 4 Article 2. Compensation and Payment Schedule 2,1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Thirty-five thousand dollars ($35,000) 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 all services and materials provided prior to the due date thereof: a. Forty percent (40%), or $14,000, within thirty (30) days after execution of this agreement. b. Forty percent (40%) or $14,000, within thirty (30) days of the determination of OWNER'S REPRESENTATIVE that the sculpture is completed. ARTIST shall provide documentation to OWNER'S REPRESENTATIVE to demonstrate such progress, In no event shall the second payment be made less than thirty (30) days after authorization of the first payment. c. Twenty percent (20%) or $7,000 within thirty (30) days after final acceptance of the complete project. If the ARTIST elects to utilize the OWNER'S services and materials during installation, other than those specifically cited herein as the responsibility of the OWNER, those fees shall be deducted from the final payment due the ARTIST, 2.2 ARTIST'S Expenses The ARTIST shall be responsible for the payment of all expenses necessary for the proper performance of the services required under this agreement, including but not limited to mailing or shipping charges on submissions to the OWNER'S REPRESENTATIVE, the cost of any and all engineering evaluations as required by the OWNER, transporting the ART WORK to the site and the costs of all travel and lodging by the ARTIST and the ARTIST'S agents and employees, Article 3, Time of Performance 3,1 Duration The services to be required of the ARTIST as set forth in Article 1 shall be completed in accordance with the schedule for completion of the ART WORK as proposed by the ARTIST and approved by the OWNER'S REPRESENTATIVE pursuant to Section 1,2, provided that such time limits may be extended or otherwise modified by written agreement between the ARTIST and the OWNER'S REPRESENTATIVE. 3,2 Construction Delays If, when the ARTIST completes fabrication or procurement of the ART WORK in accordance 5 with the approved schedule and notifies the OWNER that the ART WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time specified in the schedule because OWNER has not prepared the site for installation as specified in Section 1.3(d) hereof, as a result of the improvements not being completed on the site to permit installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the ART WORK. In addition, the OWNER shall reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site due to delays caused by the OWNER. Such reimbursements shall be expenses in adddition to the Fixed Fee enumerated in Section 2.1. 3.3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S services prior to the time provided in the schedule for installation. 3.4 Time Extensions The OWNER'S REPRESENTATIVE shall grant a reasonable extension of time to the ARTIST in the event that there is a delay on the part of the ARTIST in performing its obligations under this Agreement due to conditions beyond the ARTIST'S control or Acts of God which render timely performance of the ARTIST'S services impossible or unforeseeably burdensome. Likewise the ARTIST shall grant a reasonable extension of time to the OWNER in the event that there is a delay on the part of the OWNER in performing its obligations under this Agreement due to conditions beyond the OWNER'S control or Acts of God which render timely performance of the OWNER'S services impossible or unforeseeably burdensome. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control will not be considered a breach of contract; provided that such obligations shall be suspended only for the duration of such condition. Article 4. Warranties 4.1 Warranties of Title The ARTIST represents and warrants that: (a) the ART WORK is solely the result of the artistic effort of the ARTIST; (b) except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the ART WORK is unique and original and does not infringe upon any copyright; (c) that the ART WORK, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the ART WORK is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition The ARTIST represents and warrants that: (a) the execution and fabrication of the ART WORK will be performed in a workmanlike manner; (b) the ART WORK, as fabricated and installed, will be free of defects in material and workmanship, including any defects consisting of inherent qualities which cause or accelerate deterioration of the ART WORK; and (c) maintenance recommendations submitted by the ARTIST to the OWNER'S REPRESENTATIVE hereunder, if followed, will achieve their intended result. 6 The warranties described in this ISection 4.2 shall survive for a period of five years after the final acceptance of the ART WORK. The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness. The ARTIST shall, at the request of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the breach of any such warranty in a manner that is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK), Article 5. Reproduction Rights 5.1 General To the extent not limited by this Section 5,1, the ARTIST retains all rights under the Copyright Act of 1976, 17 U.S.C., 101 et. seq" and all other rights in and to the ART WORK except ownership and possession. In view of the intention that the ART WORK in its final dimension shall be unique, the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, nor shall the ARTIST grant permission to others to do so except with the written permission of the OWNER. The ARTIST grants to the OWNER and its assigns a royalty-free, irrevocable license to make two or three dimensional reproductions of the ART WORK for educational and/or non-commercial purposes, including but not limited to reproductions used in advertising, calendars, posters, brochures, media, publicity, catalogues, museum, educational and development projects, or other similar publications, provided that these rights are exercised in a professional manner. 5.2 Notice All reproductions by the OWNER shall contain a credit to the ARTIST and a copyright notice substantially in the following form: - [ARTISTS NAME], date of publication. 5,3 Credit to Owner The ARTIST shall use best efforts to give a credit reading substantially, "an original art work owned and commissioned by the City of Iowa City, Iowa" in any public showing under the ARTIST'S control or reproductions of the ART WORK. 5,4 Registration The ARTIST may cause to be registered, with the United States Register of Copyrights, a copyright of the ART WORK in the ARTIST'S name. Article 6. ARTIST'S Rights 6.1 Identification The OWNER shall, at its expense, prepare and install at the site a plaque identifying the ARTIST, the title of the ART WORK, and the year of completion; and shall reasonably maintain such notice to the extent as may be practicable. 6,2 Maintenance 7 The OWNER recognizes that maintenance of the ART WORK on a regular basis is essential to the integrity of the ART WORK. The OWNER shall take reasonable steps to assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b). 6.3 Alteration of the Work or of the Site a. Except as provided under subsection 6.3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. b. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WORK to another site; and remove the ART WORK from public display, The following provisions shall apply to relocation or removal: (i) While the OWNER shall attempt to remove ART WORK in such a way as to not affect the ART WORK, it is the parties' understanding that such removal may result in damage, alteration, modification, destruction, distortion or other change of the ART WORK. The ARTIST acknowledges that this provision shall qualify under 17 U.S, C. Section 113 (d) so as to waive rights under 17 U,S.C, Section 106A. (ii) If, at the time of removal, it is determined that the ART WORK may be removed without damage, alteration, modification, destruction, distortion or other change, OWNER shall give notice as required by 17 U,S.C, Section 113 (d) (2) and (3). On completion of the ART WORK, the ARTIST agrees to file the records, including ARTIST'S identity and address, with the Register of Copyrights as provided under 17 U,S.C, Section 113 (d) (3), The ARTIST further agrees to update information with the Register of Copyrights so as to permit notification of intent to remove the ART WORK. 6.4 Permanent Record. The OWNER'S REPRESENTATIVE shall maintain on permanent file a record of this Agreement and the location and disposition of the ART WORK. Article 7. ARTIST as Independent Contractor. The ARTIST shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the OWNER. The ARTIST shall not be supervised by any employee or official of the OWNER, nor shall the ARTIST exercise supervision over any employee or official of the OWNER. Article 8, Assignments, Transfer, Subcontracting 8.1 Neither this Agreement nor any interest herein shall be transferred by the ARTIST. Any such transfer shall be null and void and shall be cause to annul this Agreement. 8.2 Subcontracting by ARTIST The ARTIST may subcontract portions of the services to be provided hereunder at the ARTIST'S expense provided that said subcontracting shall not negatively affect the design, 8 appearance, or visual quality of the Proposal and shall be carried out under the personal supervision of the ARTIST. The ARTIST must obtain written approval from the OWNER'S REPRESENTATIVE prior to hiring any subcontractor. If the OWNER'S REPRESENTATIVE does not approve the hiring of any subcontractor, another subcontractor must be submitted for approval by the OWNER'S REPRESENTATIVE, Article 9, Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving written notice to the defaulting party of its intent to terminate specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST prior to termination. In the event of default by the ARTIST, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the ARTIST under this agreement shall at the OWNER'S option become its property, provided that no right to fabricate or execute the ART WORK shall pass to the OWNER and the OWNER shall compensate the ARTIST pursuant to Article 2 for all services performed by the ARTIST prior to termination; or the ARTIST shall refund all amounts paid by the OWNER in exchange for all finished and unfinished related art works. Notwithstanding the previous sentence, the ARTIST shall not be relieved of liability to the OWNER for damages sustained by the OWNER by virtue of any breach of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to the ARTIST until such time as the exact amount of such damages due the OWNER from the ARTIST is determined, Article 10, Compliance The ARTIST shall be required to comply with Federal, State, and City statutes, ordinances and regulations applicable to the performance of the ARTISTS 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. 11.1,1 To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation, 11.1,2 To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 11.2 It is understood and agreed that the retention of ARTIST by OWNER for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the performance of the Project subject to the terms of Section 8.2 of the Agreement. -.-- 9 11,3 It is agreed by the OWNER that all records and files pertaining to information needed by the ARTIST for the project shall be available by said City upon reasonable request of the ARTIST. The OWNER agrees to furnish all reasonable assistance in the use of these records and files, 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary by OWNER. Any requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance and shall coincide with trips to Iowa City already planned by the ARTIST pursuant to Sections 1.2 and 1.3. 11,5 Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect, 11,6 Upon signing this agreement, ARTIST acknowledges that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5, Article 12, Entire Agreement This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereofthat are not merged herein and superseded hereby. Article 13. Modification No alteration, change, or modification of the terms of the Agreement shall be valid unless made in writing and signed by both parties hereto and approved by appropriate action of the OWNER. ARTIST a(~JL HA/l ~7-...~ Mark LaMair Mayor ATTEST: ~~':"'A~) tf! ~W 'ty Clerk APP~ ~ (. '~ -/3 -Of.. City Attorney's Office ~~.A-' Mark G. LaMair Sculptor Letter of Interest: Sycamore Greenway Trail 24 October 05 Marcia Klingaman 410 East Washington Street Iowa City, IA 52240 In response to your "Call to Artists" for the Iowa City Sycamore Greenway Trail, I am enclosing photos of a sculpture proposal and the requested background information. In recent years I have completed two perr:ent Jar arts public art projects, a cornrnemoratiye sculpture for a college campus and seyeral corporate commissions. Public projects include: "Leap Into" commissioned by the City of Columbia, Missouri. This sculpture (14'high 32'wide) consists of two painted aluminum figures mounted on brushed aluminum columns. The $14,000 project graces the entrance of the Columbia's Albert Oakland swimming pool. "Relay Race" commissioned by the City of Lawrence, Kansas. This sculpture (21 'high, 56' wide) consists of three figures floating atop steel columns. The $33,500 project creates the entry for the Lawrence Aquatic Center. "Hjemad" commissioned to celebrate the sesquicentennial anniyersary of the founding of Grandview College. The anodized aluminum sculpture (14'high, 14' wide 50' long) created an outdoor space for students to gather. The donated project was designed and installed with the collaboration of professors and students from the college. I am currently completing a project for the two story atrium of a new bank. Titled "Shimmering Lights-Shining Stars-Liquid Light" this consists of over three hundred suspended elements, rolled and break formed from clear anodized aluminum. Additionally there is a twenty eight foot tall water curtain running from the ceiling to a reflecting pool. Most importantly what I envision for the Sycamore Greenway Trail is a group of seven stainless steel forms. The free form abstract bird-like pieces would be mounted atop fourteen feet high steel columns. Eyer changing the pieces would float and rotate in the wind I would welcome the opportunity to work on the Iowa City Sycamore Greenway trail project with you. Thank. you for your consideration. Sincerely, ~G~ Website: www.scuJpture.to EmaiJ: mark@scuJpture.to 11458 No. State Hwy H Pleasant Hope, MO 65725 (417)766-6544 (417) 759-2350 -- ----~-~..__._._.__._"._--_._.._.._- --_. ---.--.--.--------- ----- Mark La Mair SCULPTOR . SELECTED EXHIBITIONS: 2003 LAKES ART CENTER, Mark & Dana La Mair, Spirir Lake, IA 2000 SCULP1URE on the A VENUE, Year Long Exhibi1im, Effingham, IL 1999 KATIE GINGRASS GALLERY, Ontnnj>>rary SaJptJ.<re, Milwaukee, WI 1998 LAKES ART CENTER, Mark & Dana La Mair, Spirit Lake, IA 1996 PERCIVAL GALLERY, Mark La MairlJudith Whipple, Des Moines, IA 1994 KANSAS SCULPTOR'S ASSOC., Eighth Annual Exhibitim. Lawrence, KS 1994 YOST GALLERY, Mark La Mair/KaJhy Swy, Highland, KS 1993 PERCIVAL GALLERY, Mark La MairlDana Brmm, Des Moines, IA 1992 PERCIVAL GALLERY, Mark La MairlGrYrgf watker, Des Moines, IA 1991 WALNUT STREET GALLERY, Six Anists, Springfield, MO 1991 PERCIVAL GALLERY, Sculpture Shaw, Des Moines, IA 1991 KATIE GINGRASS GALLERY, SaJpture IPhotugraphy, Milwaukee, WI 1990 SOU1H BEND ART CENTER, Midu:estem SaJptJm? Exhibitim, South Bend, IN . PUBLIC COLLECTIONS: 2005 LIBERTY BANK, "SI,olD1le1;lIg Lights, Shining Stars", Springfield, MO 2003 LAKES ART CENTER, "World", Spirit Lake, IA 2003 HAMRA Enterprises, "SJH Fountain", Commission Springfield, MO 2001 CITY OF LAWRENCE, "Relay Rare", Percent for Ans Commission Lawrence, KS 1999 CITY OF COLUMBIA, . Leap In To", Percent for Ans Commission Columbia, MO 1998 LAKES ART CENTER, .We Qrn Fly", "Z Trre IV", Spirit Lake, IA 1997 GRANDVIEW COLLEGE, CfHjanad", Commission Des Moines, IA 1996 AMPC, "Trees"', Ames, IA 1994 DITIMERARCHALU., "Men at Work", Wmter Springs, FL 1994 AMPC, "GJknrrr,", Ames, IA 1994 BRENTON BANKS, "Mask ", Des Moines, IA 1993 HUNSAKER/FURMAN, "Zig Baa", Ames, IA 1992 lMC INC., "Talking Heads", Commission Des Moines, IA 1990 KRAGIEINEWELL, <<S~>>, Commission Des Moines) IA ~-----~---_. . EDUCATION: 2001 MA I ARCHITECTURE, University of Kansas, Lawrence, KS 1984 BFA / SCUI..P1URE, Rhode Island School of Design, Providence, RI 1983 SUM1iER RESIDENCY, Skowhegan School of Painring & Sculpture, Skowhegan, ME . PRIVATE COLLECTIONS: Ann Arbor, MI., Boston, MA, Boca Raton, FL., Chicago, IL., Dallas, TX., Des Moines IA., Denyer, CO., Detroit, MI., Ft. Lauderdale, FL., Miami Beach, FL., Miami, FL., Milwaukee, WI., Orlando, FL., Phoenix, AZ., Spirit Lake, IA., Springfield, MO., St. Louis, MO., Washington, DC., West Palm Beach, FL. . SKILLS: MIG and TIG Welding (alunlinunn, stainless, bronze, steel), Metal roll forming, Plasma cutting, ArchiCAD, AutoCAD, Form Z, Photoshop, Website: www.sculpture.to Email: mark@sculpture.to 11458 No. State Hwy H Pleasant Hope, MO 65725 (417)766-6544 (417) 759-2350 -- LaMair Design Studio INe. Mark and Dana La Mair Public Art Project References: Contact Person: Commissioned By: Project Name: Bill Carswell Lawrence Arts Commission "Relay Race" (785) 864-5130 City of Lawrence, KS % for Arts Project jwc@ku.edu Marie Nau Hunter Office of Cultural Affairs "Leap Into" (573) 874-7512 City of Columbia, MO % for Arts Project mnh@ci.columbia.mo.us Dennis Kayen Grand View College, "Hjemad" (515) 263.2895 Des Moines, IA Sesquicentennial Sculpture c!kayen@gvc.edu Website: www.sculpture.to Email: mark@sculpture.to 11458 No. State Hwy H Pleasant Hope, MO 65725 (417)766-6544 (417) 759-2350 -- ! I I i i I \ , ~\ ::\ , . ~ -~ I ,..~ . .. 'lit 1 , , , I 7 I \ \ I \ \ I . . > \ , MARK LAMAIR 2 ~~- . " "\"~ , . ~ -.r..~ " . .... ~,..~ ' "< :'Y~' -,~ ~- ...... , 'It ........., . if' ,-', , ",,' ,',',. .' . "lj ~, ': '. ! .. .. .. ,'.. -.. ~IZ""'"" · . ~~::t!f'" ..X , . .' . , - ,--' ',.;-. ,-,~' ...' ",... , .}\ ,.", ":~". ." '... ill ,., - , .< ~" ......~- - ~ -~ JWli.llii~.:ii._itI. :"~ -'.c..c. , --~ -""",,. .. t ' r."~/ ' - , .,;;. . " ,. ... ' ~:':~q;:i/. ,. "'.", .... '~... .;; . . . -~~" ~.-;""'.;. '.. <:;'i:. ......~~ ,ij,:-':. '.~'"' ""', ;', ...."rt/ :~/ ...... BIRDS IN FLIGHT $35,000 MARK LAM AI R 3 . ,,:; " ,-,"";,; .. . ~;,;~. ,'. ", ,~~ ~ . "1::. . ~ ,~'~-it,.t.,., . ' ~.....~f:-:_i' . I ,~:.. <:.'~t/~ {.:~,~ '~ :" 't". J!': '1."" ....' .-.. ..... .. ': . ~ -"., .~ . :,~ \/ . . .., . . .;.)' '; ~ . A .~, ~ " 1>;,'.. ..'-f,...... ~. . '.~ .'S-. . '. . .. ~ . .. ~..~' . : ....}., .. . .. . " .;-- '"'., ~.;". . . "" ' ~ ." . .:1.\.... ,....It '. ,..... .. .... '" ....:$,. .' .' .." . :.... ........ . .. r." . . ..-""..; . BIRDS IN FLIGHT $35,000 (/ CITY OF IOWA CITY PUBLIC ART PROGRAM SYCAMORE GREENWAY TRAIL - BIRDS IN FLIGHT AGREEMENT BY AND BETWEEN OWNER AND ARTIST AGREEMENT is made on en the City of Iowa City, hereinafter ferred to as the OWNER, and Mark LaMair, hereinafter referred to as the ARTIST. Th OWNER'S REPRESENTATIVE shall be th Director of the Department of Planning and C mmunity Development or his/her designe , The COMMITTEE shall be the Public Art Adviso Committee. WHEREAS, t OWNER, on the recommendatio of the COMMITTEE, has accepted the proposal for Birds ' Flight for installation at the ycamore Greenway Trail hereinafter referred to as ART WOR ' A copy of said proposal as ccepted is attached hereto as Exhibit "A" (hereinafter "Proposal"), NOW, THEREFORE, 'n consideration e mutual promises and undertakings contained herein, the parties ag e as follows: Article 1. Scope of Services 1,1 General a, The ARTIST shall perform II se ices and furnish all supplies, materials and equipment as necessary for the design, ex c ion, fabrication, transportation and installation of the ART WORK at the site. b, The ARTIST shall at all stages f ecution, fabrication and installation coordinate his work with the OWNER'S REPRESENT TIV 1.2 Execution of the Work a. The ARTIST shall furnish the OWNER'S EPRESENTATIVE a tentative schedule for completion of fabrication and in tallation of the A T WORK, including a schedule for the submission of progress reports, any. The sched e must be approved by OWNER'S REPRESENTATIVE, After wr' en approval of t schedule by the OWNER'S REPRESENTATIVE, the ARTI shall fabricate, transpo and consult with the OWNER'S REPRESENTATIVE on the in allation of the ART WORK accordance with such schedule. Such schedule may be mended by written agree ent between the OWNER'S REPRESENTATIVE and the :A.RTIST. \ b, The OWNER all have the right to review the AR*ORK at reasonable times during the fabrication t reof. The ARTIST shall submit to the WNER'S RPRESENTATIVE progress reports in ac rdance with the schedule provided for in Se tion 1.2 (a), \ \ c. The ART T shall complete the fabrication and ensure installation of the ART WORK in substantial co rmity with the approved Proposal. d, The ARTIST shall present to the COMMITTEE in writing }or further review and approval any significant changes in scope, design, color, size, material or texture of ART 2 WORK not permitted by or not in substantial conformity with the Proposal. A significant change is any change in the scope, design, color, size, material, texture or location of the ART WORK, any change which affects installation, scheduling, site preparation or maintenance for the ART WORK or any change to the concept of the ART WORK as represented in the Proposal. 1,3 DeliVery,\d Installation a, The\f.RTIST shall notify the OWNER'S REPRESENTATIVE in writing when the fabrication of tH~ ART WORK is completed and the ARTIST is ready for its delivery and installation at the s.ite. b. The ARTIST agrees to notify the OWNER'S REPRESENTATIVE, no fewer than thirty (30) days prior to the ARTIST'S intended time of delivery to det mine the particulars of delivery time, location and agent designated by the OWNER'S REPRE NTATIVE, c, The ARTIST shaltpeliver and consult with the 0 ER'S REPRESENTATIVE on the installation of the completed ART WORK at the site in co pliance with the schedule approved pursuant to Section 1,2 (a), , .. .. d, The ARTIST shall work\Yith the OWNER'S EPRESENTATIVE in determining the location of the sculpture along the Sycamore Green y Trail. OWNER'S REPRESENTATIVE shall make the final decision on locailon, The OW ER shall be responsible for all expenses, labor and equipment to prepare the sit$ and cons uct sculpture pads designed to adequately support and secure the ART WORK and insur the timely installation of the ART WORK, ARTIST shall install the ART WORK on the.sculp re pads, e. Installation of the completed sculptu shall occur no later than July 1, 2006, , .. " 1,4 Post Installation \ .. tion of the\~RT WORK, the ARTIST shall furnish the OWNER'S REPRESENTATIVE with minimum 0 \ twelve (12) slides, photographs (and negatives), or digital photographs 0 a disk which dod\,lment the process and development of the ART WORK from beginning fab cation through com~tion. \ b. The OWNER shall ar. nge photographic docum \ tation of the site and the installed ART WORK at the site. c, The ARTIST s II be notified of any dates and time for presentation ceremonies relating to the ART WO d, Upon insta ation of the ART WORK, the ARTIST shall rovide to the OWNER'S REPRESENTATIVE ritten instructions for appropriate maintenance and preservation of the ART WORK. a, Th ARTIST shall advise the OWNER'S REPRESENTATIVE writing when all services in S ctions 1.1 through 1,4 (d) have been completed in substantial onformity with the Proposal, This date shall be no later than 6 months after the date of the first installment payment by the ARTIST as detailed in Section 2.1 (a), . -- .....~.._-_._..~~~._--~-----_._~----- _..____~_._."_ .__~______._.._____..__ __.. ._____._____..___ __ _ .~..____.__ . '_'~M'_ 3 b, The OWNER'S REPRESENTATIVE shall notify the ARTIST in writing of OWNER'S final acceptance of the ART WORK, c, Final acceptance shall be effective on the date of the OWNER'S SENT A TIVE'S written notification to ARTIST of final acceptance, The risk of 10 or damage to the ART WORK shall be borne by the ARTIST until final acceptance by tn OWNER, and the ARTIST shall ta such measures as are necessary to protect the ART RK from loss or damage until fin acceptance, The ARTIST shall not be responsible for loss r damage due to vandalism, theft, accidents, or acts of God once installation of the ART ORK is complete, 1,7 Liability, Indemnificatio and Insurance a. The ARTIST agre to indemnify, efend and hold OWNER and its officers, employees, and agents harmles from any and all loss, cost, damage and expense (including reasonable attorney's fees and co costs) re Iting from, arising out of, or incurred by reason of any claims, actions or suits base upon or lIeging bodily injury, including death, or property damage arising out of or resulting fr A 1ST'S operations, duties or responsibilities under this agreement, whether such be by 1: ST himself or by any subcontractor or by anyone directly or indirectly employed by the AR T. b, Upon final acceptance of th ART ORK, the OWNER shall, to the extent permitted by law, and without waiving any imm nities a Hable thereunder, indemnify and hold harmless the ARTIST against any and all clai s or liabilit s thereafter made in connection with the ART WORK, the site, the project or is agreement, except claims by the OWNER against the ARTIST and claims which may ccur as a result f the ARTIST'S breach of the warranties provided in Article 4, c. The ARTIST an 1ST shall each effect and maintain insurance to protect the RTIST from claims under wo ers compensation acts; claims for damages because of bo Ily injury including personal injury, 'ckness or disease, or death of any of the ARTIST'S empl yees or of any person other than the RTIST'S employees; and from claims for damages ecause of injury to or destruction of tan 'ble property; including loss of use resulting ther rom; and from claims arising out of th ARTIST'S performance of professional servi es caused by errors, omissions, or negligent a s for which the ARTIST is legally liable, 1.8 Title Title of teART WORK shall pass to the OWNER upon OWNER'S final acceptance of the completed ART WORK ,.,_._----~----- -~--_.,------",._--,-_._"-"_.__.,'--_. ----~--"._,.~------------- 4 Article 2, Compensation and Payment Schedule 2,1 Fixed Fee The OWNER shall pay the ARTIST a fee not to exceed Thirty-five thousand dollars ($35,000) which shall constitute full compensation for all fees, services, expenses, and materials to be perfOrme~nd furnished by the ARTIST under this agreement. Expenses shall include all travel and dging required for the ARTIST to fulfill his obligations under this contract. The fee shall be pai \~ the following installments, expressed as percentages of such fixed fee, each installment to ,present full and final, non refundable payment for all services and materials provided prior tot~e due date thereof: a. Forty pe~ent (40%), or $14,000, within irty (30) days after execution of this agreement\ b, Forty percen~ 40%) or $14,000, withi thirty (30) days of the determination of OWNER'S RE ESENT A TIVE that e sculpture is completed, ARTIST shall provide docume ation to OWNER' REPRESENTATIVE to demonstrate such progress, In no e ent shall the se ond payment be made less than thirty (30) days after authorization of he first pay nt. , c, Twenty percent (20%) '6r $7,0 within thirty (30) days after final acceptance of the complete project. If tht\ A 1ST elects to utilize the OWNER'S services and materials during installati , other than those specifically cited herein as the responsibility of the OWN , those fees shall be deducted from the final payment due the ARTIST. \ \ 2.2 ARTIST'S Expenses , The ARTIST shall be respon Ie for the pa~ent of all expenses necessary for the proper performance of the services equired under thiS~greement, including but not limited,to mailing or shipping charges on sub issions to the OWN ~'S REPRESENTATIVE, the cost of any and all engineering evaluation as required by the OWNt=R, transporting the ART WORK to the site and the costs of all trav and lodging by the ARTIS1\;and the ARTIST'S agents and employees, 3,1 Duration be required of the ARTIST as set forth in Article 1 shall be completed in accordance w the schedule for completion of the ART WO as proposed by the ARTIST and approve by the OWNER'S REPRESENTATIVE pursuant 0 Section 1.2, provided that such time r its may be extended or otherwise modified by wri en agreement between the ARTIST a d the OWNER'S REPRESENTATIVE. If, when the ARTIST completes fabrication or procurement of the AR WORK in accordance with the approved schedule and notifies the OWNER that the ARt WORK is ready for installation, the ARTIST is delayed from installing the ART WORK within the time specified in the schedule because OWNER has not prepared the site for installation as specified in Section -_._-----_.~--~-.~----"~- _,._..___.m____'__"_,~_____ ._ _ _.__. 5 1,3(d) hereof, as a result of the improvements not being completed on the site to permit installation of the ART WORK, the OWNER shall provide storage, or reimburse the ARTIST for reasonable transportation and storage costs incurred for the period between the time provided in the schedule for commencement of installation and the date upon which the site is sufficiently complete to reasonably permit installation of the ART WORK. In addition, the OWNER shall reimburse the ARTIST for any additional travel costs or for unnecessary time spent on the site due tCN:!elays caused by the OWNER. Such reimbursements shall be expenses in adddition to the Fixed Fee enumerated in Section 2.1, , 3,3 Early Completion of ARTIST Services The ARTIST shall bear any transportation and storage costs resulting from the completion of the ARTIST'S serv1l:;es prior to the time provided in the chedule for installation, ., 3.4 Time Extensions ., \ ., The OWNER'S REPRESENTATIVE shall grant a easonable extension of time to the ARTIST in the event that there is a\delay on the part of t e ARTIST in performing its obligations under , this Agreement due to condjtions beyond the TIST'S control or Acts of God which render timely performance of the 'ARTIST'S servi s impossible or unforeseeably burdensome. Likewise the ARTIST shall grant a reason a e extension of time to the OWNER in the event that there is a delay on the p~rt of the WNER in performing its obligations under this Agreement due to conditions beyo(ld the NER'S control or Acts of God which render timely performance of the OWNER'S services mpossible or unforeseeably burdensome, Failure to fulfill contractual obligations due to con itions beyond either party's reasonable control will not be considered a breach of contract; p vided that such obligations shall be suspended only for the duration of such condition, ' Article 4, Warranties 4,1 Warranties of Title The ARTIST represents an arrantsthat: (a) the RT WORK is solely the result of the artistic effort of the ARTIST; except as otherwise disclosed in writing to the OWNER'S REPRESENTATIVE, the I\RT WORK is unique and riginal and does not infringe upon. any copyright; (c) that the RT WORK, or a duplicate th reof, has not been accepted for sale elsewhere; and (d) th I\RT WORK is free and clear of a liens from any source whatever. 4.2 Warranties of ality and Condition The ARTIST rep sents and warrants that: (a) the execution an fabrication of the ART WORK will be perform in a workmanlike manner; (b) the ART WORK, s fabricated and installed, will be free of def cts in material and workmanship, including any d fects consisting of inherent qualities whi cause or accelerate deterioration of the ART W K; and (c) maintenance recommend tions submitted by the ARTIST to the OWNER'S REPR ENT A TIVE hereunder, if followed, w' I achieve their intended result. The war nties described in this /Section 4.2 shall survive for a period f five years after the final ac eptance of the ART WORK, The OWNER shall give notice to the ARTIST of any observed breach with reasonable promptness, The ARTIST shall, at he req uest of the OWNER, and at no cost to the OWNER, cure reasonably and promptly the reach of any such ..---------- ------,-- - -_.._---- --'-'--'-'--'-~----,------,---, 6 warranty in a manner that is consistent with professional conservation standards (including, for example, cure by means of repair or refabrication of the ART WORK), Article 5, Reproduction Rights 5.1 General To the e ent not limited by this Section 5,1, the ARTIST retains all rights under the Copyright Act of 19 , 17 U,S,C" 101 et. seq" and all other rights in and to the ART WORK except ownership a d possession, In view of the intention that the ART WORK in its final dimension shall be uniqu the ARTIST shall not make any additional duplicate reproductions of the final ART WORK, no shall the ARTIST grant permission to ers to do so except with the written permission of the WNER. The ARTIST grants to th OWNER and its assigns a royalty-free, irrevocable license 0 make two or three dimensio al reproductions of the ART WORK for educational and/or no -commercial purposes, inclu Ing but not limited to reproductions used in advertising, calendars,'~ters, brochures, medi , publicity, catalogues, museum, educational and development project or other similar publi tions, provided that these rights are exercised in a professional manner. , \ \ 5.2 Notice \ , \ All reproductions by the OWNE ntain a credit to the ARTIST and a copyright notice substantially in the following form: 1ST'S NAME], date of publication, 5,3 Credit to Owner a credit reading substantially, "an original art work owned and commissioned by e City of owa City, Iowa" in any public showing under the ARTIST'S control or reproduct' ns of the AR WORK, 5.4 Registration The ARTIST may caus to be registered, with th United States Register of Copyrights, a copyright of the ART RK in the ARTIST'S name. 6,1 Identificatio The OWNE shall, at its expense, prepare and install at the site a plaque identifying the title of the ART WORK, and the year of completion; a d shall reasonably maintain to the extent as may be practicable. T e OWNER recognizes that maintenance of the ART WORK on a regular sis is essential to e integrity of the ART WORK. The OWNER shall take reasonable steps assure that the ART WORK is properly maintained and protected, taking into account the instructions of the ARTIST provided in accordance with Section 1.4 (b), -.----- ------~-_.~-_.._,,-,-_.~------",._..._,._~._"---~._-_.---.."---.-.,." 7 6,3 Alteration of the Work or of the Site a, Except as provided under subsection 6,3(b), below, The OWNER agrees that it will not intentionally damage, alter, modify or change the ART WORK without the prior written approval of the ARTIST. The OWNER reserves the right to alter the location of the ART WORK; relocate the ART WO to another site; and remove the ART WORK from public display, The following provisions s all apply to relocation or removal: While the OWNER shall attempt to remove ART WORK in such a way as to not affect the A WORK, it is the parties' understandi that such removal may result in damage, alteration, modification, destruction, distortion other change of the ART WORK, The ARTIST acknow dges that this provision shall qual' under 17 U,S, C, Section 113 (d) so as to waive rights unde 17 U.S,C. Section 106A. (ii) If, at t time of removal, it is etermined that the ART WORK may be removed without damage, alteration, modificatio , destruction, distortion or other change, OWNER shall give notice as quired by 17 U,S, . Section 113 (d) (2) and (3), On completion of the ART WORK, the ART I T agrees to file the records, including ARTIST'S identity and address, with the Register of Co yrights as pr ided under 17 U,S.C, Section 113 (d) (3). The ARTIST further agrees to update 'nformatio with the Register of Copyrights so as to permit notification of intent to remove the Pi. T WO 6,4 Permanent Record, The OWNER'S REPRESENTATIVE all maintain on permanent file a record of this Agreement and the location and dispo Itio of the ART WORK. Article 7. ARTIST as Independent The ARTIST shall perform all w k under this A reement as an independent contractor and not as an agent or an employee f the OWNER. he ARTIST shall not be supervised by any employee or official of the WNER, nor shall e ARTIST exercise supervision over any employee or official of the 0 NER. Article 8. Assignments, T nsfer, Subcontracting 8.1 Neither this Agre ent nor any interest herein shal be transferred by the ARTIST, Any such transfer shall b null and void and shall be cause to an ul this Agreement. The ARTIST ay subcontract portions of the services to be provided hereunder at the ARTIST'S ex nse provided that said subcontracting shall not h atively affect the design, appearance, or visual quality of the Proposal and shall be carrie out under the personal supervision of the ARTIST, The ARTIST must obtain written appro I from the OWNER'S REPRES TATIVE prior to hiring any subcontractor. If the OWNER REPRESENTATIVE does no approve the hiring of any subcontractor, another subcontractor st be submitted for approv by the OWNER'S REPRESENTATIVE, J ..._._.._-_.__.__._.__....,.__.._~~_._-_.".- " ------_..-""--_.__._---~-_._---~--------_.~--~._--- ___"_._.,__~__..___~__.~_._.____.__.__,... ._... ,'.__..._m...'.._.,__.___.____n_____ 8 Article 9, Termination If either party to this agreement shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations material to this agreement, the other party shall thereupon have the right to terminate this agreement by giving writt n notice to the defaulting party of its intent to terminate specifying the grounds for termi tion, The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this agreement shall terminate. In the event of default by the OWNER, the OWNER shall promptly compensate the ARTIST for all services performed by the ARTIST p 'or to termination, In the event of default by the ARTIST, all finished and unfinished drawings, s tches, photographs, and other work products prepared and submitted or prepared for submissio by the ARTIST under this agreement shall e OWNER'S option become its property, provi~d that no right to fabricate or execut the ART WORK shall pass to the OWNER and the\OWNER shall compensate the ART I T pursuant to Article 2 for all services performed by the ~TIST prior to termination; or the RTIST shall refund all amounts paid by the OWNER in exctiarge for all finished and unfini ed related art works. Notwithstanding the previous sentence, the. ARTIST shall not be relie ed of liability to the OWNER for damages sustained by the OWNEOR by virtue of any breac of this Agreement by the ARTIST, and the OWNER may reasonably withhold payments to t e ARTIST until such time as the exact amount of such damages due the OVVNER from the AR 1ST is determined. Article 10, Compliance \ The ARTIST shall be required to cCi~ply w' h Federal, State, and City statutes, ordinances and regulations applicable to the performa'qce f the ARTIST'S services under this agreement. \ Article 11, General Terms '\ 11,1, The ARTIST shall not co it any'qf the following employment practices and agrees to prohibit the following p ctices in a'hy subcontracts, \ , 11,1,1 To discharge or refus to hire any individual because of their race, color, religion, sex, national origin, disa ity, age, marital statu\, gender identity, or sexual orientation, , 11.1,2 ainst any individual in terms, conditions, or privileges of employment because of the' race, color, religion, sex, nation I origin, disability, age, marital status, gender identit ,or sexual orientation, 11,2 It is under ood and agreed that the retention of AR T by OWNER for the purpose of the Pr ject shall be as an independent contractor a d shall be exclusive, but the ARTIST shall have the right to employ such assistance as may be required for the perfor ance of the Project subject to the terms of Section 2 of the Agreement. 11,3 It is agreed by the OWNER that all records and files pertain in to information needed b the ARTIST for the project shall be available by said City up reasonable request the ARTIST, The OWNER agrees to furnish all reasonable as 'stance in the use of hese records and files, -------~------_.,,--_._~-----------~~---- '-_.~--_._-_._._-~"._.-.._-,_._.._---_._--_.__._-_._._---..-...--- 9 11.4 At the request of OWNER, the ARTIST shall attend such meetings of the City Council relative to the work set forth in this Agreement as deemed necessary by OWNER, Any ."", requests made by the OWNER shall be given with reasonable notice to ARTIST to assure attendance and shall coincide with trips to Iowa City already planned by the ARTIST pursuant to Sections 1.2 and 1.3, 11,5 ould any section of this Agreement be found invalid, it is agreed that the remaining po 'on shall be deemed severable from the invalid portion and con!' e in full force and fecI. 11,6 Upon si ning this agreement, ARTIST acknowledges that Secti n 362,5 of the Iowa Code pro 'bits a City officer or employee from having an intere in a contract with the City, and c ifies that no employee or officer of the City, w ' h includes members of the City Cou cil and City boards and commissions, has n interest either direct or indirect, in thi agreement, that does not fall within the exceptions to said statutory provisionenumel<!ted in Section 362,5. Article 12, Entire Agreement\, , This writing embodies the entire agreement and unders nding between the parties hereto, and there are no other agreements and Understandings, or or written, with reference to the subject matter hereof that are not merged her'ei~ and supers (led hereby, Article 13, Modification "- '. " -"- No alteration, change, or modification of the s of the Agreement shall be valid unless made in writing and signed by ,both parties hereto nd ~ved by appropriate action of the OWNER. ARTIST Mark LaMair Mayor ATTEST: -~--~---_.._- -,-_._-_._"-----~_._._~._..._-~~~--------,-,-_._._._.-------..- IV\~, ~ 12 Prepared by: Susan Dulek, Asst. City Attorney, 410 E, Washington Street, Iowa City, IA 52240: 319-356-5030 RESOLUTION NO, 06-46 RESOLUTION REPEALING RESOLUTION NO. 05-216 AND ADOPTING A NEW PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS INCLUDING PROVISIONS FOR APPLICATION, ISSUANCE, DURATION,INSPECTION, SUSPENSION, REVOCATION, REMOVAL, FEES, AND INSURANCE. WHEREAS, the City desires to clean up the downtown alleys, which are public rights-of-way; WHEREAS, in Resolution No. 05-216, City Council adopted a solid waster container permit system as required by Ordinance No. 05-4160, codified at section 14-3H-8F; WHEREAS, said policy requires that container lids be locked and does not include a fee for the permit; WHEREAS, although the purpose of requiring the lid to be locked is to keep the alleys clean, it often has the opposite effect because. bags of debris are placed on top of a locked container; WHEREAS, the City incurs considerable expense in operating the solid waster container permit system and in maintaining the alleys; WHEREAS, it is in the best interest of the City to repeal Resolution No. 05-216 and adopt a new City of Iowa City Permit System for Solid Waste Containers in the Downtown Alleys, a copy of which is attached to this resolution, that includes a fee of $50 per container and deletes the requirement that the lid be locked, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA THAT: Resolution No. 05-216 is repealed in its entirety, The City of Iowa City Permit System for Solid Waste Containers, a copy of which is attached to this resolution, is adopted, day of February ,2006. U ATTEST: ~~ of. ~~ CITY RK Approv~d by ~~ d.-<6-OSo City Attorney's Office ....-- ._~--_.- ---------- -. Resolution No. Oh-4h Page 2 It was moved by Vanderhoef and seconded by B~ iley the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn CITY OF IOWA CITY PERMIT SYSTEM FOR SOLID WASTE CONTAINERS IN THE DOWNTOWN ALLEYS Definitions and Size Limits Solid Waster Container A receptacle used by any person or operator to store solid waste during the interval between solid waste collections. Grease Container A solid waste container in which grease is stored during the interval between grease collections. Recvclina Container A solid waste container in which recyclables are stored during the interval between recycling collections, Volume Volume of the solid waste container may be 1-yard, 1,5 yard, 2-yard, or 95-gallon, Dimensions No solid waste container shall be larger than seventy-two (72) inches in length, forty- eight (48) inches in width, or two (2) yards in volume, Permit Process Permit Reauired No person shall place or maintain any solid waste container on the public right-of-way in the downtown without first obtaining a permit. Application An application for a permit to place or maintain a solid waste container in the downtown public right-of-way shall be filed with the Clerk on a form provided by said department. Issuance The Clerk or designee may issue a revocable permit to a person to use the downtown public right-of-way to maintain a solid waste container after payment of the permit fee, after providing proof of insurance, and after assurance that the person shall comply with all conditions of the City ordinances, including the Fire Code, Section 7-1 of the City Code, Duration Each permit shall be issued for the period from July 1 to the following June 30 and shall be valid for that particular year. Fees The annual permit fee is $50.00 per dumpster beginning July 1, 2006, No permit shall be issued without payment of the permit fee, Permit fees are nonrefundable and are not subject to proration, If a permit holder replaces a solid waste container due to its poor condition or other reason, the permit may be transferred to the replacement container and an additional fee of $50.00 shall not be required, Placement The permit holder shall adhere the permit in a conspicuous place on the front of the solid waste container in the upper, center area. Insurance A permit holder shall provide, at the time the permit application is filed, a certificate of insurance for general liability and casualty insurance, naming the City of Iowa City as an additional insured, which provides coverage in the following minimum amounts: Comprehensive General Liability for Bodily Injury and Property Damage of $500,000 for each occurrence and $1,000,000 in the aggregate, The permit holder shall provide thirty (30) days notice to the City before cancellation of said insurance. Hold Harmless A permit holder shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the placement or maintenance of a solid waste container, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the placement or maintenance of said solid waste container, Assionment The sale or assignment of a solid waste container permit is expressly prohibited unless approved in writing by the City Manager or designee, Revocation and Susoension If the City Manager or designee finds that a city ordinance, state law, feder~1 law, or a provision of the "City of Iowa City Permit System for Solid Waste Containers in the Downtown Alleys" has been violated, any permit issued under this Chapter may be revoked or suspended, The City shall notify the permit holder of the violation by posting a notice of violation on the solid waste container. Notice shall be deemed posted by securely and conspicuously attaching the notice to the solid waste container. The notice of violation shall state the following: a, Date and time the notice is attached to the solid waste container. b. The City's intent to revoke or suspend the solid waste container permit forty-eight (48) hours after the posting of the notice. c, A description of the reason for the revocation or suspension with reference to the applicable City ordinance, state law, federal law, or permit provision, d, Actions that must be taken by the permit holder to remedy the violation. e, The place and time at which the permit holder will be given the opportunity to present a written or oral statement to the City Manager or designee if the permit holder believes that there are not 9rounds for revocation. f, A statement that the solid waste container will be promptly removed by the City without further notice to the permit holder if the permit is revoked or suspended, Removal If the solid waste container permit is revoked or suspended, the City may remove the solid waste container without further notice to the permit holder, If the solid waste container is removed, the City may store it at the Iowa City landfill area. The costs that must be paid to reclaim it are the actual costs of removing the solid waste container and a storage fee for storing the solid waste container at the Iowa City landfill area, The storage fee shall be a flat fee of $25,00, If the permit holder does not claim the solid waste container within thirty (30) days of its removal, it will be considered abandoned, and the City may dispose of it. Additional Permit Reauirements Cleaned The solid waste container shall be steam cleaned at least two (2) times between July 1 and the following June 30. Lid The solid waste container shall be covered at all times with a watertight lid, Painted/Labeled The solid waste container shall be painted and labeled identifying the owner including a telephone number, Insoection The City may inspect a solid waste container at any time without prior notice to the permit holder, Adopted in Resolution No, 06- 46 City of Iowa City MEMORANDUM To: Steve Atkins, City Manager ..- ~/? From: Rick Fosse, Public Works Director ~ Date: February 8, 2006 ~ RE: Dumpster Permits in Downtown Alleys The February 13, 2006, Council agenda includes a resolution proposing two changes to the permitting system for dumpsters in downtown alleys that was adopted and implemented last summer, The first change deletes the requirement that dumpster lids be locked, This requirement was imposed to reduce the likelihood of dumpster fires, However, it has proven counter productive since in many situations the garbage is stacked on top of locked dumpsters rather than being placed within, The risk of fire has not reduced and problems with blowing litter and debris has increased, The second change adds a $50,00 annual fee for each dumpster permit. The intent of the fee is to recover a portion of the City's expense for administering the permit program and cleaning the alleys, Downtown alley related expenses total just over $70,000 per year and can be categorized into two areas: permit administration and cleaning, The permits are administered and enforced by a joint effort of the City Clerk's Office and Solid Waste staff in the Streets Division, This joint effort costs about $15,260 per year. Alley cleaning is performed by the Streets Division and costs roughly $55,000 per year which includes sweeping and debris removal twice per week throughout most of the year and steam cleaning three times per year. The steam cleaning has been performed for a number of years and the twice weekly cleaning was implemented last summer and has received positive feedback, Permitting and cleaning consume an average of 33 hours of staff time per week. There are presently 73 dumpsters in downtown alleys, A $50,00 fee will generate $3,650,00 in revenue. - MiJ h ....,_i Prepared by: Sarah Okerlund, Civil Engineer, 410 E. Washington st" Iowa City, IA 52240 (319)356-5149 RESOLUTION NO, 06-47 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION _ WILLOW CREEK TO OLD HIGHWAY 218 PROJECT. WHEREAS, Iowa Bridge & Culvert, L.C. of Washington, Iowa, has submitted the lowest responsible bid of $3,535,397,98 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Iowa Bridge & Culvert, L.C" subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. ~assed and approved this 11th day of FehrllRry ,20 06 ~J^)JL Approved by ATTEST: In~ 01(. ~ ~ -Z /I~(p CITY'cLERK Ity Attorney' Office It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey J{ Champion x Correia x Elliott x O'Donnell x Vanderhoef J{ Wilburn Pwenglreslmormonwillowcrkawrdcon.doc 1/06 - CHESTER J. CULVER LUCAS BUlLDT:'\!G, FIRST FLOOR IOWA SECRETARY OF STATE DES Moe'JEs. IowA 50319 March 03, 2006 MARIAN K, KARR CITY OF IOWA CITY 410 E WASHINGTON ST, IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CEDAR RAPIDS AIRPORT COMMISSION and the CITY OF IOWA CITY, IOWA Dear MS KARR We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa, You rnay consider the same filed as of March 03, 2006. Sincerely, ~ ~ Chester J Culver Secretary of State CJC/db Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us M}~ C!J 14 Prepared by: Eleanor M, Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-48 06-48 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE CEDAR RAPIDS AIRPORT COMMISSION ON BEHALF OF THE EASTERN IOWA AIRPORT TO RENDER EMERGENCY ASSISTANCE WHEN NEEDED ON A RECIPROCAL BASIS. WHEREAS, the City of Iowa City (Iowa City) and the Cedar Rapids Airport Commission on behalf of the Eastern Iowa Airport (Airport) are both public agencies, with authority to enter into an agreement with other agencies, whether public or private, to carry out the governmental duties of each, as provided in Chapter 28E, Code of Iowa (2005); and WHEREAS, the fire department of Iowa City responds to incidents requiring Class B fire suppression services and a supply of Aqueous Film Forming Foam (AFFF) not available to Iowa City; and WHEREAS, the Airport may, when able, provide Class B fire suppression services, utilizing their apparatus and supply of AFFF in response to fire incidents requiring such services; and WHEREAS, the Airport may have emergencies arise which exhaust the available rescue equipment and personnel maintained by the Airport and may need assistance from Iowa City; and WHEREAS, it is in the best interests of both Parties to render emergency assistance services for the mutual benefit of the citizens of both Iowa City, and the area surrounding the Eastern Iowa Airport; and WHEREAS, the parties have negotiated such an agreement to provide appropriate terms for the provision of emergency assistance services on a reciprocal basis when needed to the City of Iowa City and the Eastern Iowa Airport. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized to execute in triplicate the 28E Agreement between the City of Iowa City and the Cedar Rapids Airport Commission on behalf of the Eastern Iowa Airport attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content, and is found to be in the best interests of the citizens of Iowa City, Iowa. 2, The City Clerk is hereby authorized to record a certified copy of this Resolution with the Agreement attached in the Secretary of State's office for the State of Iowa, and also in the Johnson County Recorder's Office, as required by Chapter 28E, Code of Iowa (2005). 3. The City Clerk is hereby directed to forward a fully executed original copy of said Agreement to the Cedar Rapids Airport COmmission for filing with the Linn County Recorder's office as required by Chapter 28E, Code of Iowa (2005), Resolution No. 06-48 Page 2 - Passed and approved this 13th day of Feb~ 'crt. ( j ^ rw"'- MAYOR ....... - ~V#- ATTEST:~.J:. ~~ APPROVED BY: City Attorney's Office .;.-C-Ot. CI ERK It was moved by V~nciprhop.f and seconded by Bailey that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -lL - Bailey ---L - Champion ----X- - Correia -lL - Elliott ---L - O'Donnell x Vanderhoef - x Wilburn - 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EASTERN IOWA AIRPORT FOR MUTUAL AID This Agreement is entered into pursuant to Chapter 28E of the Code of Iowa (2005) by and between the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and the Cedar Rapids Airport Commission on behalf of The Eastern Iowa Airport, hereinafter referred to as "Airport". WHEREAS, the fire department of Iowa City responds to incidents requiring Class B fire suppression services and a supply of Aqueous Film Forming Foam (AFFF) not available to Iowa City; and WHEREAS, the Airport may, when able, provide Class B fire suppression services, utilizing their apparatus and supply of AFFF in response to fire incidents requiring such services; and WHEREAS, the Airport may have emergencies arise which exhaust the available rescue equipment and personnel maintained by the airport and may need assistance from. Iowa City; and WHEREAS, Chapter 28E, Code of Iowa, provides that powers, privileges or authority exercised by a pUblic agency of this state may be exercised jointly with any other public agency of this state having such powers, privilege, and authority; and WHEREAS, the parties hereto are desirous of entering into a 28E Agreement to render emergency assistance when needed on a reciprocal basis as provided herein. NOW, THEREFORE, the parties hereto mutually agree to give emergency assistance when needed on a reciprocal basis under the following terms and conditions: Section 1. Authority to Respond to Provide Assistance Either party may request emergency assistance from the other upon determination that an emergency situation exists subject to the terms and conditions of this Agreement. For Iowa City, the power to make a request for assistance or to provide aid lies in the Chief of the Iowa City Fire Department or his/her designees. For The Eastern Iowa Airport, the power to make a request for assistance or to provide aid lies in the Airport Director or his/her designees. For purposes of this agreement, the "requesting party" shall mean the party asking for assistance and the "responding party" shall mean the party sending assistance. Section 2. Request for Assistance Either party may request assistance from the other upon receipt of a call for assistance. Section 3. Response to Request Upon receiving a request for emergency assistance, the responding party shall dispatch emergency personnel and equipment to aid the requesting party upon determining that an emergency situation exists and subject to the availability of manpower and equipment. Section 4. Personnel and Equipment Provided The requesting party shall include in its request for assistance the amount and type of equipment and number of personnel requested, and shall specify the location where the personnel and equipment are needed. The final decision on whether to respond and on the number of personnel and the amount and type of equipment to be sent shall be solely that of the responding party. Section 5. Command at Incident Scene The responding party's personnel and equipment shall report to the incident command officer of the requesting party who shall be in charge at the incident location unless he/she specifically relinquishes this authority to another officer. The incident command officer shall have the power to issue reasonable orders and directives, and responding officers will then act on said orders. The responding party's command officer shall have the authority to override an assignment if the responding party's command officer concludes that the assignment poses an unreasonable safety risk. The responding party's personnel and equipment shall be released by the requesting party when the services of the responding party are no longer required or when the responding party's personnel and/or equipment are needed in their home districts. Responding party's peFsonnel and equipment may withdraw from the requesting district upon giving notice to the command officer at the incident location that they are needed in their home district. It is understood that the purpose of this section is to maintain order at the incident scene and shall not be construed to establish an employer/employee relationship. Section 6. Reimbursement for Costs Iowa City shall reimburse the Airport for the actual cost of the AFFF used in an incident on which assistance has been requested by Iowa City. With the exception of the cost of the foam, neither party shall be required to reimburse the other party for the cost of providing the services set forth in this Agreement. Each party shall pay its own costs (salaries, repairs, materials, and compensation) for responding to the requests of the other party. However, the requesting party shall provide without charge, such additional fuel as may be required by the responding party to carry on the combined incident 2 ---- efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their tanks before they return to their home district. Section 7. Liability Employees of any party acting pursuant to this Agreement shall be considered as acting under the lawful orders and Instructions pertaining to their employment with their member department. Under no circumstances are they to be considered employees of any other jurisdiction, but rather shall be considered employees of their department. Each party hereto shall bear the liability and/or cost of damage to its department's equipment and the death or injury to its department's personnel, whether the death, injury or damage occurs at an incident in the department's own fire protection area, or in a fire protection area where the firefighter is working as a member of the responding party. Each party may elect to fulfill its obligations under this section by purchasing appropriate and reasonable insurance or through a program of self-insurance. Each party hereto shall be responsible for defending against claims made against it or its department or personnel and arising from its participation in this agreement. The parties hereto shall not be obligated by this agreement to defend against claims made against the other party hereto, or against the departments or personnel of said parties. Section 8. Modification This Agreement may only be modified by joint written agreement of both parties. Section 9. Term of Agreement This Agreement shall be in full force and effect upon execution by both parties hereto and the filing and recording thereof as provided In Section 10. The Agreement shall have a term of three (3) years from the date of execution and thereafter shall continue in effect from year to year unless and until the Agreement is cancelled or modified by joint written agreement of both parties. A party may terminate the agreement by giving thirty (30) days written notice to the other party hereto by certified mail. Section 10. Notices Any written notices as required in this agreement shall be sent to the addresses of the respective parties as set out in this agreement. If intended for Airport, notices shall be delivered to: Airport Director Cedar Rapids Airport Commission 2515 Arthur Collins Parkway SW Cedar Rapids, IA 52404-8952 If intended for Iowa City, notices shall be delivered to: 3 Fire Chief City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Section 11. Prior Fire Mutual Aid Agreements This Agreement is in addition to and in conjunction with any and all prior mutual aid agreements between the parties or their respective member departments. Section 12. Filing and Recording Upon execution by all parties hereto, this Agreement shall be filed with the Secretary of State and recorded in the Linn and Johnson County Recorder's Offices as provided by Chapter 28E of the Code of Iowa (2005). IN WITNES~ THEREOF, the parties hereto have duly executed this agreement effective on this JL day of H:4IlUAIt.. ,2006. ,r ~'OWAC'TY'~L ATTEST: l2.~.. ~.A~ ;f. ~ By: ~ ^ . ayor y Clerk CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this ~ day of Ie , 2006, before me, the undersigned, a Notary Public in and for said County and State, rsonally appeared Ross Wilburn and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Ross Wilburn and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. Snr.lA". ~ Notary Public in and for the State of Iowa 4 --- CEDAR RAPIDS AIRPORT COMMISSION By: r;f:~ Name & Title: Timothy R. Kintner, Chair By: ~tIa IJ.~ Na e & Title: elen B. Arnold, Secretary CEDAR RAPIDS AIRPORT COMMISSION ACKNOWLEDGEMENT STATE OF IOWA ) )ss: LINN COUNTY ) '3 ....-r On this ~ day of /Atv"'''-~ ' 2006, before me, the undersigned, a Notary Public in and for said County j1 State, personally appeared 'r, "., f'> -+ h '( K. (:::. .-vt" e., and 1../ ..teN B. ~_( , to me personally knoym, who being by me duly sworn, did say that they are the c..hc..,.r and tJ..c..e. f.....~ ' respectively, of said corporation executing the within and foregoing instrumen ; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of said corporation; and acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. b.~. fl..r-Z5h-, Public in and for the State of Iowa Eleanor/agU28E Eastern Iowa Airport.AFFF.doc c.,.",,,,":'S~.'...... 1 W.....". 7/J..'8/t b 5 - - r)1~J IS Prepared by: Eric R. Goers, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. nh-I.Q RESOLUTION RATIFYING THE SETTLEMENT OF IMMINENT LITIGATION. WHEREAS, on December 13, 2005, the Iowa City City Council approved Resolution No. 05- 388 which authorized a lease agreement for commercial space in the Iowa City Public Library with Primus Telecommunications, Inc. for a term of 5 years; and WHEREAS, Primus Telecommunications, Inc. now wishes to terminate the lease; and WHEREAS, all parties in this matter have arrived at a settlement agreement and wish to resolve the claim without litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with Primus Telecommunications Inc. making payment to the City of Iowa City in the amount of $40,000.00, surrendering their two-month deposit, and agreeing to pay their contractor for all work ordered by Primus, including returning the commercial space to a marketable condition, in consideration of the City releasing Primus from all lease obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The above named matter should be and hereby is settled under the aforementioned terms, as discussed in executive session and stated in the Lease Termination Settlement Agreement attached hereto. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Settlement Agreement. Passed an 13th day of Februarv ,2006. MAYOR zved by ~;0;;b ATTEST: Th~~-K.~..uJ ---...... City Attorney's Office ITY CLERK It was moved by Vanderhoef and seconded by Bailey that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ----X- - Bailey ----X- - Champion -L - Correia --L- - Elliott --L- - O'Donnell ----X- - Vanderhoef ----X- - Wilburn Eric/library/primus telecommunications/settlement resolution Lease Termination Settlement AQreement WHEREAS, the City of Iowa City and Primus Telecommunications, Inc. entered into a 5 year lease for commercial space in the Iowa City Public Library; and WHEREAS, Primus Telecommunications, Inc. now wishes to terminate the lease; and ~l~i.r WHEREAS, it is in the best interests of both parties to en~r into a settlemenJj~-______ the termination of the lease. d/ .. ! '"" ~ ' . . I . / (lallA: / NOW, THEREFORE; THE CITY OF IOWA CITY AND PRIMUS /' TELECOMMUNICATIONS INC. HEREBY ENTER INTO A SETT MEN -- AGREEMENT UNDER THE FOLLOWING TERMS: 1. In exchange for the following, the City of Iowa City agree to release Primus Telecommunications from all lease obligations. 2. Primus Telecommurncations, lAc. agreestomakepaym nt of $40,000.00 in cash to the City of Iowa City no lafer than ,2006. 3. Primus Telecommunications, Inc. agrees to surrender their two-month deposit to tha City of Iowa City. 4. Primus Telecommunications, Inc. agrees to complete repair work to return the space to a marketable condition, anctfurther promises to make full payment to Knutson Construction for all work ordered by Primus Telecommunications, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Instrument to be effective immediately upon execution by both parties. Landlord: Tenant: CITY OF IOWA CITY Pri Telecommunications, Inc. ~ \ Mayor Primus Telecommunications, Inc. Attest: ~;.4__~ K. ~AA) City rk \j'lt\) ~ CITY ACKNOWLEDGMENT ~\'\'~ 5 \.t\) / / \l.\\lI\'i ,/ ) '7 \' /JY / STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I '!J'f'1. day of ('~P.R1A~ ' 2006, before me, the undersigned, a notary public in and for State of Iowa, personally appeared Ross Wilburn and Marian K. Karr, to me personalty Known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed- on behatf of said munidpal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged . that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~ SONDRAEFORT Sc..dn..... M g '\ Commission Number 159791 . . My Comm.sslon ~res Notary Public in and for the State of Iowa -3 0 PRIMUS TELECOMMUNICATIONS, INC. ACKNOWLEDGMENT STATE OF Virginia , ) -' )SS: -t~ COUNTY ) On this I~ day of ~y ~, 2006, before me, the undersigned, a Notary Public in and for the State of , personally appeared ~AVII'\ DrzA 1&"""",A- , Primus Telecommunications, Inc. to me personally known, who being by me duly sworn, did identify himselflherself as _ ~tef.L tleN"I , Primus Telecommunications, Inc. and acknowledge the execution of the instrument to be his/her own voluntary act and deed. ~~~ Notary Public in and for the State of Virginia & ~V CO~~~SI 0'; eJ<..p[~: ~\W.A<b( z. I Z~/o Approved: ~ ) /s(o~ ;/ ,- ~.,---.~ , City Attorney ,$ 1-'1 Lease Termination Settlement Aareement WHEREAS, the City of Iowa City and Primus Telecommunications, Inc. entered into a 5 year lease for commercial space in the Iowa City Public Library; and WH REAS, Primus Telecommunications, Inc. now wishes to term' ate the lease; and WHER S, it is in the best interests of both parties to enter' to a settlement for the termin tion of the lease. ORE, THE CITY OF IOWA CITY AN RIM US TELECOMMU CATIONS INC. HEREBY ENTER TO A SETTLEMENT AGREEMENT U ER THE FOLLOWING TER 1. In exchange r the following, the City 0 owa City agrees to release Primus Teleco . unications from all I ase obligations. 2. Primus Telecommunications, Inc. a ees to make payment of $40,000.00 in cash to the City o~owa City no ater than February 15, 2006. 3. Primus Telecommunit~ions, In . agrees to surrender their two-month deposit to the City of loW<! Cit . 4. Primus Telecommunicatio ,Inc. agrees to complete repair work to return the space to a marketabl c ndition, and further promises to make full payment to Knutson ~stru ion for all work ordered by Primus Telecommunications, c. IN WITNESS W~OF, the parti hereto have executed this Instrument to be effective immedi ely upon executio by both parties. " Landlord: / CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,2 6, before me, the undersigned, a notary public in and for the State of Iowa, per nally appeared Ross Wilburn and Marian K. Karr, to me personally known ho being by me duly sworn, did say Iti t they are the Mayor and City Clerk, re ectively, of said municipal corpora n executing the within and foregoi instrument; that the seal affixed thereto is the eal of said municipal corporati ; that said instrument was signed and sealed on half of said municipal cor ration by authority of its City Council; and that the sai ayor and City Clerk such officers acknowledged that the execution of said i trument to be the luntary act and deed of said corporation, by it and by the voluntarilyexe uted. Notary Public in and for the State of Iowa PRIMUS TELECOMMUNICATI . ACKNOWLEDGMENT STATE OF Virginia COUNTY On this da of , 2006, before me, the undersigned, a Not Public in and for the State of Iowa, personally appeared / , Prim Telecommunications, Inc. to me personally kn..own, who being by me duly sworn, did identify himself/herself as , ,Primu Telecommunications, Inc. and acknowledge the execution of the instrument to b his/her own voluntary act and deed. Notary Public in and for the State of Vi Approved: L - Jh~k:, I.. City Attorney