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Home My WebLink About2012-01-10 ResolutionME Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -3 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE SECOND AMENDMENT TO THE LISTING AGREEMENT WITH SKOGMAN REALTY FOR AVIATION COMMERCE PARK TO EXTEND THE TERM. WHEREAS, in Resolution No. 11 -15, the City Council approved a listing agreement ( "Listing Agreement) among the Airport Commission, the City Council, and Skogman Realty to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the Listing Agreement expired on December 31, 2011; and WHEREAS, it is in the best interest of the City of Iowa City to extend the term of the Listing Agreement to December 31, 2012. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to the attached Second Amendment to Listing Agreement. Passed and approved this loth day of January , 2012. MAYOR ATTEST: /aC/r-��i�• -�'Lt� CITY`CLERK Ap rowed f� City Attorney's Office 5d(1) Resolution No. 12 -3 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion g Dickens x Dobyns X Hayek x Mims x Payne x Throgmorton SECOND AMENDMENT TO LISTING AGREEMENT WHEREAS, on January 10, 2011, the City of Iowa City, Iowa City Airport Commission, and Skogman Realty entered into listing agreement ( "Listing Agreement ") to sell and lease the property known as the Aviation Commerce Park subdivision; WHEREAS, the parties amended the Listing Agreement to add a lease rate schedule on May 3, 2011; WHEREAS, the Listing Agreement expires on December 31, 2011 and the parties wish to extend the term by one year; and WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written agreement of the parties. IT IS THEREFORE AGREED that: Paragraph 5 is amended by deleting it in its entirety and by substituting the following paragraph in lieu thereof: Term. The term of this Agreement and Agent's employment, right and authority shall be from the date of execution through December 31, 2012. All other terms of the Listing Agreement, as amended, shall remain in full force and effect. REALTY Edberg THE IOWA CITY AIRPORT COMMISSION Minnetta V. Gardinier, Chairperson THE CITY OF IOWA CITY V-Z, (3 - zvL� Date 20// Date .t n Maria K. Karr, City Clerk Mathew J. Hay-e , ay CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /D` day of "Sary A2 201x, before me, the undersigned, a notary public in and for the State of lo , personally appeared Mathew J. Hayek 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. Approved b� City Attorney's Office _ jV,,d,, e :,r -b Notary Public in and for the State of Iowa SONDRAE FORT Commission Number 159791 My Commission Expires /-70 /.A ::��d (42) r ^#!-;, -4 CITY OF IOWA CITY MEMORANDUM Date: January 5, 2012 To: Tom Markus From: Doug Boothroy, Director, Housing and Inspection Services and Steven J. Rackis, Housing Administrator, Iowa City Housing Authority Re: Housing and Urban Development (HUD) Disaster Grant Funds to rebuild the Public Housing Unit located at 608 Eastmoor History/Background: With the Department of Housing and Urban Development (HUD) approval, the Iowa City Housing Authority acquired 608 Eastmoor, located in the Parkview Terrace Neighborhood, and placed it in the Public Housing inventory in 1993. 608 Eastmoor was built in 1963 and was a one story wood frame single family dwelling containing; four bedrooms, one bath, kitchen, dining and living room. Single car attached garage; Slab on grade; and is located in the 500 year flood plain. This unit suffered significant damage in the Flood of 2008. Floodwater depth in the house was approximately 32 inches. While several options were considered (e.g., rehabilitation, rehabilitation and elevation, new construction elevated above 2008 flood levels), the Housing Authority concluded it was more cost effective and beneficial to demolish the existing structure and rebuild a new home. In November 2008, the Iowa City Housing Authority requested a HUD Disaster Grant in the amount of $56, 725 for the reconstruction of 608 Eastmoor (Resolution NO. 08 -327). HUD required that these funds be obligated via contract by December 22, 2011. Subsequent to the Housing Authority's request for the disaster grant funds, the City of Iowa City was awarded $11.7 million in Community Development Block Grant (CDBG) funds to purchase properties in the Parkview Terrace neighborhood, and all habitable structures located in the floodplain. Recommendation: As a result of the CDBG Program Property Acquisition Project, the City's flood protection strategy for Parkview Terrace neighborhood does not intend to include large scale projects such as levees and flood walls. Because of the City's intent to mitigate structural damage in the event of a future flood, the Housing Authority cannot rebuild the Public Housing unit on the 608 Eastmoor site. Therefore, the Housing Authority cannot comply with the HUD required obligation deadline of December 22, 2011, and must return the funds by Resolution. Sd(2) Prepared by: Steven J. Rackis, ICHA Administrator 410 E. Washington St., Iowa City, IA 52240; 319 - 887 -6065 RESOLUTION NO. 12 -4 RESOLUTION AUTHORIZING THE IOWA CITY HOUSING AUTHORITY TO RETURN A DISASTER GRANT IN THE AMOUNT OF $56,725 TO THE FEDERAL DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) RECEIVED FOR THE RECONSTRUCTION OF THE PUBLIC HOUSING UNIT LOCATED AT 608 EASTMOOR, IOWA CITY, IOWA, WHICH WAS DAMAGED IN THE FLOOD OF 2008. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; WHEREAS, the HUD Disaster Funds were made available and necessary for the reconstruction of the Public Housing unit located at 608 Eastmoor, Iowa City, Iowa that was damaged in the flood of 2008; WHEREAS, the City of Iowa City submitted and received federal Community Development Block Grant funds, administered by the Iowa Department of Economic Development, to buyout substantially damaged residential properties in the Parkview Terrace neighborhood located in the 500 -year floodplain; WHEREAS, 608 Eastmoor is located within the Parkview Terrace neighborhood; WHEREAS, because it is the City of Iowa City's intent not to support any construction of new housing in the Parkview Terrace neighborhood, the Housing Authority cannot rebuild the Public Housing unit on the 608 Eastmoor site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Iowa City Housing Authority will return the Disaster Grant in the amount of $56,725 received from HUD for the reconstruction of the Public Housing unit located at 608 Eastmoor, Iowa City, Iowa, which was damaged in the flood of 2008; and, 2. The City Clerk is hereby authorized and directed to certify appropriate copies of this resolution together with any necessary certifications as may be required by the Department of Housing and Urban Development. Passed and approved this 10th day of January , 20 12 Lei. ATTEST: ZITY'CtERK Hisasst/res/huddisastergrantdoc Approved by City Attorney's Office Resolution No. 12 -4 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton E-1 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12- RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED 415 N GOVERNOR STREET, IOWA CITY, IOWA. WHEREAS, on March16, 2006, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 415 N Governor Street, Iowa City, Iowa from a Mortgage recorded March 23, 2006, Book 4003, Page 56 through Page 61 of the Johnson County Recorder's Office. Passed and approved this loth day of January , 20 12 ATTEST: CI \ ERK .�i� I -� Approved by 5d(3) a dr -J� City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X— Champion X Dickens X Dobyns X Hayek X Mims X_ Payne X Throgmorton Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 Legal Description of Property: see below Mortgagor(s): Thomas J. Strub Mortgagee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 415 N Governor Street, Iowa City, Iowa, and legally described as follows: The North Fifty (50) feet of Lot Eight (8) in Block Eight (8) in Iowa City, Iowa, according to the recorded plat thereof. from an obligation of the owner, Thomas J. Strub, to the City of Iowa City represented by a Mortgage recorded March 23, 2006, Book 4003, Page 56 through Page 61 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: /L CITY LERK STATE OF IOWA 1 ) SS: JOHNSON COUNTY ) M ApprRved,by City Attorney's Office f� On this /O day of TAjVQ,9RV A.D. 20 _before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ala4 , e W 7'-' A%a ve K 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 corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. G-5, adopted by the City Council on the /0 0-4 day -QNCCAR.v , 20 /*l- and that the said MrA4 +new `,I .Naw e_ K and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAEFORT commission Number 158781 My9com sssio E4 Notary Public in and for Johnson County, Iowa M_' 5d(4) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -6 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 59 REGAL LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property on July 13, 2006, and recorded on July 21, 2006, in Book 4058, Page 486 through Page 491, and a Promissory Note dated October 31, 2006, recorded on November 17, 2006, in Book 4103, Page 102 in the Johnson County Recorder's Office covering the following described real estate: Lot 85, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, Page 99, Plat records of Johnson County, Iowa. Subject to easements and restrictions of record thereof. WHEREAS, University of Iowa Community Credit Union is refinancing a loan and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by a proposed mortgage in order to induce University of Iowa Community Credit Union to secure first position on such a.loan; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above - described real estate to secure the City as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. Page 2 12 -6 Passed and approved this 10th day of January , 2012 MAYOR Approved ATTEST: ?4au'"2 CITY ERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage and a Promissory Note which at this time is in the amount of $2.754, and was executed by Joann B. Bender POA for Sarah Jean Bender (herein the Owner), dated July 13, 2006, recorded July 21, 2006, in Book 4058, Page 486 through Page 491; and dated October 31. 2006, recorded November 17. 2006, in Book 4103, Page 102, Johnson County Recorder's Office, covering the following described real property: Lot 85, Lakeside Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 9, page 99, Plat Records of Johnson County, Iowa. Subject to easements and restrictions of record thereof. WHEREAS, the Financial Institution has loaned the sum of $83,350 on a promissory note to be executed by the Financial Institution, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage and a Promissory Note held by the City be subordinated to the lien of the mortgage made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage and a Promissory Note held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage and a Promissory Note of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. ti Dated this ro +day of -FA "A , 20 141 . CITY OF IOWA CITY By ,/a WA Mayor Attest: City Clerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By Aim GQLX9 On this /DA day of _1-j-A u , 20 /9-, before me, the undersigned, a Notary Public in and for the State of Iowa, rersonally appeared PaueK. and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /a- b passed (the Resolution adopted) by the City Council, under Roll Call No. — of the City Council on the /o "'I day of TAQ"2 14 , 20_L.,E__, and that Ma hew V. uaue -K and Marian K. Karr acknowledged the execution of the instrument to be their vol ntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT ° Commission Number 159791 4&,,4, � 4A • My ComrVission moires Notary Nota Public in and for the State of Iowa .3 �o LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of f Q c -9-M 1( , 20JA— , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared L� , to me personally known, known, who being by me duly sworn, did say that he /she is the (ii r Vt of U1�11VQ�(Si�tn 1 i(hI XPdt� 1011 , that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that saidM4rW0L Loan, Nssjcflcknowledged the execution of said instrument to be the voluntary act and dee of s id corporation, by it and by him /her voluntarily executed. A Notary Public in and for the State of Iowa B AMKINS My Commission expires: Commission Number 759975 ' My Commission Expires q. ilr 1) 5d(5) Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5044 RESOLUTION NO. 12 -7 RESOLUTION ACCEPTING THE WORK FOR THE IOWA CITY POLICE STORAGE PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa City Police Storage Project, as included in a contract between the City of Iowa City and Tricon General Construction of Dubuque, Iowa, dated September 15, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Evidence Storage Facility account #4421- 421700; and WHEREAS, the final contract price is $364,935.84. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 10th day of January , 20a2___. _ t9q MAYOR Approved by ATTEST: Y CLERK City Attorney's Office i� CITY 3 i Z It was moved by Champion and seconded by Mims - the Resolution be adopted, and upon roll call there were: AYES: x —x x x x X x pweng /res/policestorage - acptwork.doc 12/11 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r _ _ -V 4* - I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org December 22, 2011 Honorable Mayor and City Council Iowa City, Iowa Re: IOWA CITY POLICE STORAGE PROJECT Dear Honorable Mayor and Councilpersons: I hereby certify that Tricon General Construction of Dubuque, Iowa has completed the construction of the Iowa City Police Storage Project in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Cedar Rapids. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $ 364,935.84. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, 'R� Ron Knoche, P.E. City Engineer S1ENGWRCHITECTURE FILE \Projects \Iowa City Police Storage Project\Engineer's RepoA_lowa City Police Storage Project 01 10 11.doc 1 r '=~ Or 4ff CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org December 23, 2011 City Clerk City of Iowa City, Iowa Re: Iowa River Trail — Napoleon to Trueblood Project Dear City Clerk: I hereby certify that the construction of the Iowa River Trail — Napoleon to Trueblood Project has been completed by Metro Pavers, Inc. of Iowa City, Iowa in substantial accordance with the plans and specifications prepared by Shive- Hattery, Inc. The final contract price is $180,154.13. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer 5� Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5410 RESOLUTION NO. 12 -8 RESOLUTION ACCEPTING THE WORK FOR THE IOWA RIVER TRAIL - NAPOLEON TO TRUEBLOOD PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Iowa River Trail - Napoleon to Trueblood Project, as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated June 14, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the Terry Trueblood Rec Area Trail Connection account #4221; and WHEREAS, the final contract price is $180,154.13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 10th day of January , 20_jl_. MAYOR Approved by ATTEST: Aa a- Q6W, CITY RK City Attorney's Office ,( ?bZ It was moved by champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: X— x x x x X pweng / rest iarivtrail - napoleontrueblood - acptwork.doc 12/11 NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton �140 5d(7) Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356 -5139 RESOLUTION NO. 12 -9 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MOKA JAVA LLC. WHEREAS, the City of Iowa City is the custodian and trustee of certain real estate known as Black Hawk Park; and WHEREAS, Moka Java LLC is the owner of property addressed as 207 E. Washington Street and legally described as Lot 3 and the east 20' of the north 74' of Lot 4, including that land described in Book 859 Page 153 and Book 996 Page 428, Block 65, Original Town, Iowa City, Iowa; and WHEREAS, Moka Java LLC will be undertaking the replacement of windows at the building located on their property previously described; and WHEREAS, Moka Java LLC has requested a Temporary Construction Easement from the City of City to allow for the placement of scaffolding within Black Hawk Park; and WHEREAS, a Temporary Construction Easement was previously approved by Resolution #11- 363 on November 22, 2011; and WHEREAS, due to a delay in the delivery of materials, the contractor was unable to undertake the installation of the replacement windows during the dates designated in the previously approved Temporary Construction Easement; and WHEREAS, Moka Java LLC has requested a new Temporary Construction Easement with revised dates from the City of City to allow for the placement of scaffolding within Black Hawk Park; and WHEREAS, Staff recommends granting this easement according to the terms of the Temporary Construction Easement attached thereto, as it finds said easement to be a minimal intrusion to the public's use of Black Hawk Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The City Council hereby approves granting Moka Java LLC a temporary construction easement at Black Hawk Park according to the terms described in the attached Temporary Construction Easement Agreement. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the attached Temporary Construction Easement Agreement. 3. The City Clerk is hereby directed to record this Temporary Construction Easement Agreement with the Johnson County Recorder at Moka Java LLC's expense. Resolution No. Page 2 12 -9 Passed and approved this 10th day of January , 2011. I A e. ATTEST: Aay,,,�2 ?e - CIT CLERK Approved by: La.'e'. City Attorney's Office It was moved by Champion and seconded by Trims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns _x Hayek x Mims x Payne X Throgmorton Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Agreement is made by and between Moka Java LLC, a limited liability corporation, (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City "). In consideration of their mutual promises herein, Owner and City agree as follows: 1. City states and covenants that it is the owner of certain real estate known as Black Hawk Park and legally described as the west 58.5' feet of the north 110' of Lot 4, Block 65, Original Town, Iowa City, Iowa, by virtue of legal and /or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey this easement. 2. Owner states and covenants that it is the owner of certain real estate adjacent to Black Hawk Park, addressed as 207 E. Washington Street and legally described as Lot 3 and the east 20' of the north 74' of Lot 4, including that land described in Book 859 Page 153 and Book 996 Page 428, Block 65, Original Town, Iowa City, Iowa. 3. City does hereby grant and convey to Owner a temporary construction easement in, over and across that portion of City's property described and shown in Exhibit A, attached and incorporated herein [hereinafter "Temporary Easement Area "] for the purpose of facilitating Owner's window replacement project at 207 E. Washington Street, the granting of which shall include the right to install and use of scaffolding, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said window replacement project. 4. In consideration of City's permission herein to grant the Temporary Construction Easement as detailed in Attachments A and B, Owner agrees to secure the construction site against pedestrian traffic by providing adequate pedestrian passage, adequate traffic control, and signage, and by securing access to the scaffolding from pedestrians, thereby ensuring public safety. 5. Owner agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: a. Route pedestrians through or around the closure area as approved by the City during construction. b. Provide advance warning. C. Provide for the orderly, predictable and ADA accessible movement of pedestrian traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 6. Owner shall be responsible for the removal, storage, and replacement of items located within the Temporary Construction Easement which could be damaged during the window replacement project. Items may include, but are not limited to, planters, tree grates, benches, electrical services, trees, and brick pavers. 7. After the window replacement project is complete, Owner agrees to restore any and all portion of the Temporary Construction Easement area to its original condition, as determined by the City in its sole discretion. Once the Temporary Construction Easement Area has been restored to its prior condition, Owner shall have no further responsibility for maintaining the easement area. City and Owner agree this Temporary Construction Easement Agreement shall be in effect beginning January 11, 1012 and end upon substantial completion of the work, but no later than February 3, 2012. 8. Notwithstanding the above, upon receipt of verbal or written notice from the City, Owner agrees to immediately cease and desist its temporary use and closure of the Temporary Construction Easement area and to remove any and all obstructions from said area in the event that Owner breaches this agreement. 9. If Owner fails to remove any obstructions, barricades or signage from the Temporary Construction Easement area as required in this agreement, the City may remove the obstructions, barricades or signage, restore the area to its prior condition, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal and restoration costs shall be certified to Johnson County as a statutory lien and assessed against the adjacent property addressed as 207 E. Washington Street and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2011). 10. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and use of the Temporary Construction Easement area under this agreement, and those of its contractors, subcontractors, agents, employees and assigns specifically including any and all claims and /or liabilities which may be alleged against the City as a result of its decision to allow Owner to temporarily close and /or use the Temporary Construction Easement area. Owner further agrees to carry Class II liability insurance in the minimum amounts of $1 million each occurrence, $2 million aggregate bodily injury, and $500,000 aggregate property damage with contractual liability coverage included. Owner shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. 9. The provisions hereof shall inure to the benefit of and bind the successors and assigns for the respective parties hereto, shall be deemed a covenant which runs with the land and with the title to the land, and may be recorded in the Johnson County Recorder's Office, at Owner's expense. �6 SIGNED this CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor day of JAm" , 2012. ATTEST: JZ:ie�2 9l�/ 444-) Man -K. Karr, City Clerk STATE OF IOWA ) )SS: JOHNSON COUNTY ) OWNER Approved by:-� City Attorney's Office This instrument was acknowledged before me on 4 h dayl CAunvU , 2012, by 0" C ,re-'-`k (name) as "\&Atk0 (title) of M Ic (company). ` Notary P and for the t to of Iowa �+-&u STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ID day of J ate_, 2012, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation, executing the 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 Matthew J. Hayek and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. SONDRAE FORT riA Commission Number 159791 MyCommissionExphu Notary Public in and for the State of Iowa ao /� rMM CN o kv-�rn,,M 10 S�5 T\ clq� Qn. Fh Nov 04 2011 3:07PM Geopier Foundation Compan 515 -221 -9683 Greg J. Gear Engineering Phone: 515 -221 -9291 5020 Grand Avenue -West Des Moines, Iowa 50265 Fax : - 515 -221 -9683 November 4, 2011 All American Scaffold 45058 th Ave. SW Cedar Rapids, Iowa 52404 Re: Paul Henneh Bldg Entrance Protection Iowa City, Iowa Attn: Bryan Leisure Mr. Leisure: I have reviewed the scaffold support over the entrance on the above referenced project. The 2- F07SP frames will be placed 7' -0" apart. The planking over the frames will be 1.75 "0.5" LVL laid flat, spanning 7' -0" with 3/4" Plywood over the LVL's. I understand that this frame Is being used to provide protection from failing objections for people entering the bldg. The work directly over this area is the Installation of new windows. This sidewalk canopy frame can support a 2500#1 load falling directly on the scaffold deck. This loading Is far greater than the weight of the materials being installed over the entrance. Based on the above, the sidewalk canopy frame being used is sufficient to provide protection to persons entering this building directly under this support frame. Very truly yours; Greg J. Gear P.E. Structural Engineer .0 at 0& ': 0RE(30L�Y �Q Id3T1 r ;p ;vwh,�,��, : V3 p.2 I Flu &I Prepared by: Terry Robinson, Parks Administration, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -2066 RESOLUTION NO. 12 -10 RESOLUTION ACCEPTING THE WORK FOR THE COLLEGE GREEN PARK LIGHTING REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the College Green Park Lighting Replacement Project, as included in a contract between the City of Iowa City and Advanced Electrical Services of Iowa City, Iowa, dated August 15, 2011, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the College Green Lighting Replacement Project account #4172; and WHEREAS, the final contract price is $98,608.41. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 10th day of January , 20 12 •' ATTEST: 2kdlam�7y CITY btERK Approved • City Aft ey s J • - It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns `x Hayek x Mims x Payne x Throgmorton Pweng /res/CollegeGreenLighting- acptwork.doc 1/12 01-10-1r- 5 Prepared by: Terry Robinson, Parks Administration, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5044 RESOLUTION NO. RESOLUTI N ACCEPTING THE WORK FOR THE COLLEGE REEN PARK LIGHTING R PLACEMENT PROJECT WHEREAS, the Engine ing Division has recommended that the work for construction of the College Green Park Lighti Replacement Project, as included in a ntract between the City of Iowa City and Advanced ctrical Services of Iowa City, Iowa, dated August 15, 2011, be accepted; and i WHEREAS, the Engineer's Repo nd the performance and palyment bond have been filed in the City Clerk's office; and WHEREAS, funds for this project are available in the �ollege Green Lighting Replacement Project account #4172; and WHEREAS, the final contract price is $99,25 NOW, THEREFORE, BE IT RESOLVED BY CITY, IOWA, THAT said improvements are her Passed and approved this day of ATTEST: CITY CLERK It was moved by adopted, and upon roll call AYES: Pweng/ res/ CollegeGreenLighting- acptwork.doc 1/12 MAYOR CITY COUNCIL OF THE CITY OF IOWA :cepted by the City of Iowa City, Iowa. and seconded by were: NAYS: ABSENT: 20 the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton M �y �d1r' 5e(1) Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12-11 RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 24, 2012, ON A PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOCATED AT 317 DOUGLASS COURT. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 317 Douglass Court, Iowa City; and WHEREAS, the City has received an offer to purchase 317 Douglass Court for the principal sum of $88,000 (the amount the City paid to acquire the home), plus the "carrying costs ", which are all costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, this sale is conditioned on the family securing adequate financing for the purchase of the home. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does hereby declare its intent to convey a single family home located at 317 Douglass Court, Iowa City, Iowa, also known as Lot 45, Wise Addition, for the sum of $88,000, plus the "carrying costs ". Resolution No. 12 -11 Page 2 2. A public hearing on said proposal should be and is hereby set for January 24, 2012, 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. It was moved by Champ ; nn and seconded by Mims the Resolution be adopted, and upon roll calf there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns X Hayek �- Mims x Payne x Throgmorton Passed and approved this 10th day of January , 2012. Approved by I d -d& `fl City Attorney's Office LVA G. ATTEST: '4" CITY ERK Y ,, (1) ra Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52,40 (319356- 5Q3A61 RESOLUTION NO. 1 ``� cry rn RESOLUTION SETTING PUBLIC HEARING FOR JANUARY 24 201g�N1 X -- PROPOSAL TO CONVEY A SINGLE FAMILY HOME LOC ED b 317r,) DOUGLASS COURT. WHEREAS, the UniverCity Neighbo \od artnership Program,' a joint effort between the University of Iowa and the City to en home ownership a d reinvestment in d esignated neighborhoods surrounding the Univeowa; and WHEREAS, the City has received a illion I -Jobs grarSt to assist in the acquisition and rehabilitation of twenty -six single faes to provide/affordable housing in designated neighborhoods surrounding the Univeowa; and % WHEREAS, Resolution 09 -384 authorized e City t� acquire and rehabilitate properties consistent with the grant agreement for I- bs fus for the UniverCity Neighborhood Partnership Program; and / WHEREAS, the City purchased and rehabilitated a gle family home located at 317 Douglass Court, Iowa City; and WHEREAS, the City has received an offer to p cha 31 sum of $88,000 (the amount the City paid to acq ire the om are all costs incurred by the City to acquire the ho , abstracting and recording fees, interest on th loan to pu removal, utilities, real estate taxes, and any co is in excess the home; and WHEREAS, this sale would provide affordable housing in a University of Iowa; and / WHEREAS, this sale is conditioned on die family securing of the home. / 7 Douglass Court for the principal e), plus the "carrying costs ", which maintain it and sell it, including hase the home, mowing and snow f $50,000 to repair and rehabilitate area surrounding the financing for the purchase NOW, THEREFORE, BE IT RESO ED BY THE CITY COUNCIL THE CITY OF IOWA CITY, IOWA, that: 1. The City Council does he by declare its intent to convey a single family home located at 317 Douglass Court, low City, Iowa, also known as Lot 45, Wise Addition, for the sum of $88,000, plus the "carrying costs ". Resolution No. Page 2 2. A public hearing on said proposal should be and is hereby set for January 24, 2012, 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. It was moved by and seconded by adopted, and upon roll cal Mere were: AYES: NAYS: ABSENT: Passed and approved this day of MAYOR ATTEST: CITY CLERK Approved by ccb City Attorney's Office the Resolution be Champion Dickens Dobyns Hayek Mims Payne Throgmorton 2012. 0 r �w� Na 5e(2) Prepared by: Ben Clark, Public Works /Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5436 RESOLUTION NO. 12 -12 RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 24, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Wastewater Treatment Capital account # 3135. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 24th day of January, 2012, at 7:00 P.M. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized, and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 10th day of January , 20.12 ATTEST: CITY C RK pweng /res /setph -wwtr consolidation.doc 1/12 �X 4 MAYOR Approved by City Attorney's Office 1 �3��Z Resolution No. 12 -12 Page 2 It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x_ Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 5e(3) Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5410 RESOLUTION NO. 12 -13 RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 24, 2012, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 218 AND MELROSE AVENUE TRAFFIC SIGNALIZATION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the Traffic Signal Projects account # 3814. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 2e day of January, 2012, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 10th day of T_ anuary , 20,x_. ATTEST: 7&4. d CITY CLERK pweng/res/setph.doc 12/11 Is Approved by City Attorney's Office i N1 I Z Resolution No. 12 -13 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x Mims ABSENT: the Champion Dickens Dobyns Hayek Mims Payne Throgmorton q> - s1-10-= Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5145 5� ei�) RESOLUTION NO. 12-14 RESOLUTION SETTING A PUBLIC HEARING ON JANUARY 24, 2012 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH MARKET SQUARE PARK PAVILION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the North Market Square Improvement Project account # 4320 - 441870. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 24th day of January, 2012, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this loth day of January , 2012. _S `wd ATTEST: City erk Approved by: J, A"-,.A "a "", . City Attorney's Office i; 3�IZ Resolution No. 12 -14 Page 2 It was moved by Champion and seconded by Resolution be adopted, and upon roll call there were: Mims AYES: NAYS: ABSENT: the x Champion x Dickens x Dobyns x Hayek x Mims x Payne x— Throgmorton I Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. -mom RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMI H me LOCATED AT 410 DOUGLASS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint eft betweenr" University of Iowa and the City to encourage home ownership a d reinvestni6T'in signW,d neighborhoods surrounding the University of Iowa; and e- WHEREAS, the City has received a 1.25 million I -Jobs gra to assist in the acquisition and rehabilitation of twenty -six single fami homes to provide ffordable housing in designated neighborhoods surrounding the Universit f Iowa; and WHEREAS, Resolution 09 -384 authorized the City t acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funs for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a gle family home located at 410 Douglass Street, Iowa City; and WHEREAS, the City has received an offer to p chase \410 Douglass Street for the principal sum of $105,000 (the amount the City paid to ac uire the home); and WHEREAS, this sale would provide affordable housing in \Rn rea surrounding the University of Iowa; and WHEREAS, on December 6, 2011, the C' Council adopte proposing to convey its interest in 410 Douglass Street, auth rizing public notice ed conveyance, and setting the date and time for the public Daring; and WHEREAS, following the public hearing on the proposed e City Council finds that the conveyance is in the p ublic interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C E CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk ar authorized to execute a warranty deed conveying the City's interest in 410 Douglass `Street, legally described as part of, ,Lot 10, Wise Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. Page 2 It was moved by adopted, and upon roll call there were: and seconded by AYES: NAYS: ABSENT: Passed and approved Approved by City Attorney's Office the Resolution be Champion Dickens Dobyns Hayek Mims e+ o- S% Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -15 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 410 DOUGLASS STREET. WHEREAS, the UniverCity Neighborhood Partnership Program is a joint effort between the University of Iowa and the City to encourage home ownership and reinvestment in designated neighborhoods surrounding the University of Iowa; and WHEREAS, the City has received a $1.25 million I -Jobs grant to assist in the acquisition and rehabilitation of twenty -six single family homes to provide affordable housing in designated neighborhoods surrounding the University of Iowa; and WHEREAS, Resolution 09 -384 authorized the City to acquire and rehabilitate properties consistent with the grant agreement for I -Jobs funds for the UniverCity Neighborhood Partnership Program; and WHEREAS, the City purchased and rehabilitated a single family home located at 410 Douglass Street, Iowa City; and WHEREAS, the City has received an offer to purchase 410 Douglass Street for the principal sum of $105,000; and WHEREAS, this sale would provide affordable housing in a designated area surrounding the University of Iowa; and WHEREAS, on December 6, 2011, the City Council adopted a Resolution proposing to convey its interest in 410 Douglass Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 410 Douglass Street, legally described as part of Lot 10, Wise Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Resolution No. 12 -15 Page 2 It was moved by Champion and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens X Dobyns x_ Hayek x Mims x Payne x Throgmorton Passed and approved this 10th day of January , 2012. a � A MAYOR ATTEST: dlTftLERK Approved by < � I J - td,-ll City Attorney's Office M9 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5230 ` Resolution No. 12 -16 RESOLUTION AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO MIDAMERICAN ENERGY ACROSS RALSTON CREEK LOCATED WITHIN A PORTION OF LOT 1, BLOCK 20, COUNTY SEAT ADDITION, IOWA CITY, IOWA. WHEREAS, MidAmerican Energy wishes to install underground electrical utility lines across Ralston Creek located within a portion of Lot 1, Block 20, County Seat Addition, Iowa City, Iowa, for the provision of electrical service to nearby properties; and WHEREAS, in order to install such utilities, MidAmerican Energy has requested the City grant it an underground utility easement in exchange for the payment of $740; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of an underground utility easement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize the Mayor and City Clerk to execute an underground utility easement and any other documents necessary to convey a utility easement across Ralston Creek located within a portion of Lot 1, Block 20, County Seat Addition, Iowa City Iowa, to MidAmerican Energy in consideration for $740. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 10th day of January 2012. f _ MAYOR ATTEST:�r�/ CITY CLERK Approved by �Ccc� Au4?,2� 4�be? City Attorney's Office Resolution No. 12- Page 9 It was moved by Dickens and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: Mims ABSENT: the Champion Dickens Dobyns Hayek Mims Payne Throgmorton ABSTAIN: x Prepared by and return to: Adam Jablonski 515- 281 -2334 MIDAMERICAN ENERGY ATTN: RIGHT -OF -WAY SERVICES PO BOX 657 DES MOINES, IA 50306 -0657 MIDAMERICAN ENERGY COMPANY UNDERGROUND ELECTRIC EASEMENT State of Iowa Folder No. 441 -11 County of Johnson Work Req. No. DR2250019 Section 15 Project No. 11155 Township 79 North Range 6 West of the 5`" P.M. 1. For and in consideration of the sum of One and no /100 - -- Dollar ($1.00), and other valuable consideration, in hand paid by MIDAMERICAN ENERGY COMPANY, an Iowa corporation, receipt of which is hereby acknowledged, the undersigned owner(s) The City of Iowa City, a municipal corporation of the State of Iowa (Grantor), its successors and assigns, does hereby grant to MIDAMERICAN ENERGY COMPANY (Grantee), its successors and assigns, a perpetual, non - exclusive easement to construct, reconstruct, operate, maintain, replace or remove underground conduits, wires and cables for the transmission and distribution of electric energy and for communication and electrical controls, including other reasonably necessary equipment incident thereto (collectively "facilities ") under and on the surface of the ground, through and across certain property described below, together with the right of ingress and egress to and from the same, and all the rights and privileges incident and necessary to the enjoyment of this easement ( "easement area "). DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA: A portion of Lot 1, Block 20, County Seat Addition, Iowa City, Johnson County, Iowa. EASEMENT AREA: An underground electric easement described as follows: Easement area described and depicted as Utility Easement on the Easement Plat, attached hereto and made a part hereof. 2. Additionally, Grantee shall have the right to remove from the easement area described above, any obstructions, including but not limited to, trees, plants, undergrowth, buildings, fences and structures that interfere with the proper operation and maintenance of said facilities and equipment. Page 1 Ver UGEE 11 -21 -11 3. Grantor agrees that it will not construct or place any permanent or temporary buildings, structures, fences, trees, plants, or other objects on the easement area described above, or make any changes in ground elevation without written permission from Grantee indicating that said construction or ground elevation changes will not result in inadequate or excessive ground cover, or otherwise interfere with the Grantee's rights to operate and maintain its facilities. 4. In consideration of such grant, Grantee agrees that it will repair or pay for any damage which may be caused to crops, fences, or other property, real or personal of the Grantor by the construction, reconstruction, maintenance, operation, replacement or removal of the facilities, (except for damage to property placed subsequent to the granting of this easement), that Grantee determines interferes with the operation and maintenance of the facilities and associated equipment. The cutting, recutting, trimming and removal of trees, branches, saplings, brush or other vegetation on or adjacent to the easement area is expected and not considered damage to the Grantor. Dated this /a day of —JA , 20 Ja City of Iowa City, Iowa AAA9 Matthew J. Hayek Mayor STATE OF IOWA ) ) ss COUNTY OF JOHNSON ) Marian "K.-Karr City Clerk ACKNOWLEDGMENT *4 1 t R On this /D day of JANLkA2a A. D. 2011, before me, a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 0 -- 1(o passed (the Resolution adopted) by the City Council, under Roll Call No. — - of the City Council on the /O 4-� day of - T .^p ty,y 201 � nd that the Mayor and the City Clerk acknowledged the execution of the instrument to be their voluntary act and deed and it voluntarily executed. SONDRAE FORT Commission Number 159791 My om �/ Expires 3 Notary Public in and for said State `11 - PREPARED BY AND RETURN TO: MMS CONSULTANTS, INC. 1917 S GILBERT ST. IOWA CITY, IOWA 52240 (319)351 -8282 LS/r.1J NORTHEAST CORNER `oo som cwmm -r OF ; BLOCK 20 PLATTED PORTION or HARRISON STREET RI6hT -GP -WAY C -S00', 4 KE F PIOIN BEGIN, dO N5359'2 E- O 'LOT SURVEY ANP LEGAL PESGRIPTONS" 1225' AS RE60RPEP IN PLAT t)OGK '1 AT PAGE i GE TI'E RECORDERS GEFI(E IJ(.T! Gq,NTY N00'44'22'W/ 25.541 �® j C, LEGAL DESCRIPnON - UnUTY EASEMENT — A Portion of Lot 1 of Block 20, of County ' Seat Addition to Iowa City, in accordance IIIIIAND with the Plat thereof Recorded In Deed �C Book 1 and 2, at Page 253 of the records O`J of the Johnson County Recorders Office, described as follows: pp Commencing at the Northeast Comer of D. Block 20, of County Ssat Additon to Iowa ' =J- MEISNER City, in accordance with the Plat thereof Recorded In Deed Book 1 and 2, at Page / 253 of the Records of the Johnson County Recorder's Office Thence SOO'44 "22 "E, / / / /IIIIIIIIIIIIIIIIIIP along the East Line of said Block 20, o distance of 18.97 feet, to a Point on the Northerly Top of Bank of Ralston Creek; Thence S53'59'22'W, along said Top of Bank, 16.16 feet, to the Point of Beginning; Thence SOO'44'22 "E, 25.97 feet, to a Point on the Centerline of cold Ralston Creek; Thence S55'3B'50 "W, along said Centerline, 1201 feet; Thence N00"44'22 "W, 25.54 feet, to a Point on �t said Northerly Top of Bank; Thence �OU N53'59 ' 22 F, along said Northerly Top of Bank, 12.25 feet, to the Point of Beginning. Said Utility Easement contains 258 square feet, and is subject to easeents and restrictions of record. m N NEW tiy, 'I I 258 SF 0 E WIDE WENT LEGEND AND NOTES • - PROPERTY CORNER'S), FOUND (as noted) ® - CUT 'X' - PROPERTY & /or BOUNDARY LINES — - -- — - -- — --- — - RIGHT -OF -WAY UNES - CENTER LINES - LOT LINES, PLATTED OR BY DEED -- — EASEMENT LINES, WIDTH & PURPOSE NOTED ----------- - - - - -- EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS (M) - MEASURED DIMENSIONS UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Lt. -9 !2 _ e ,rte /L 11 201 GLEN D. MEISNER, L.S. Iowa Lic. No. 8165 My license renewal date is December 31, 20 /Z. Pages or sheets covered by this seal: -sf-i IL SEAL Designed by. Scale. EASEMENT PLAT MMS CONSULTANTS, INC. Date ( Revision GDM 1 " =50' IOWA CITY, IOWA 52240 M Drca n by. Date. A PORTION OF LOT 1 (319) 351.8282 RLW 11- 14.2011 BLOCK 20 www.mmsconsultants.net RA Checked by+ Pro t Noy COUNTY SEAT ADDITION GDM IC 4863021 IOWA CITY JOHNSON COUNTY, IOWA C: \4863 \4863- 021- \4863021H1.dwg 11/15/2011 8:50:07 AM CST IIIIIAND PA \\\��o��lpnl' % � II® PA TE \\ .,',GLEN D. =J- MEISNER 0 5 25 50 / / / /IIIIIIIIIIIIIIIIIIP GRAPHIC SCALE IN FEET 1" =50' N NEW tiy, 'I I 258 SF 0 E WIDE WENT LEGEND AND NOTES • - PROPERTY CORNER'S), FOUND (as noted) ® - CUT 'X' - PROPERTY & /or BOUNDARY LINES — - -- — - -- — --- — - RIGHT -OF -WAY UNES - CENTER LINES - LOT LINES, PLATTED OR BY DEED -- — EASEMENT LINES, WIDTH & PURPOSE NOTED ----------- - - - - -- EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS (M) - MEASURED DIMENSIONS UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Lt. -9 !2 _ e ,rte /L 11 201 GLEN D. MEISNER, L.S. Iowa Lic. No. 8165 My license renewal date is December 31, 20 /Z. Pages or sheets covered by this seal: -sf-i IL SEAL Designed by. Scale. EASEMENT PLAT MMS CONSULTANTS, INC. Date ( Revision GDM 1 " =50' IOWA CITY, IOWA 52240 M Drca n by. Date. A PORTION OF LOT 1 (319) 351.8282 RLW 11- 14.2011 BLOCK 20 www.mmsconsultants.net RA Checked by+ Pro t Noy COUNTY SEAT ADDITION GDM IC 4863021 IOWA CITY JOHNSON COUNTY, IOWA C: \4863 \4863- 021- \4863021H1.dwg 11/15/2011 8:50:07 AM CST ^,® m CI TY OF IOWA CI TY � M EMS RAN a u M 13 � DATE: December 13, 2011 TO: Tom Markus, City Manager FROM: Andy Rocca, Fire Chief RE: 28E Agreement for Fire Protection — Agenda/January 10, 2012 Introduction: The 28E Agreement for fire protection is subject to periodic review by the signatory agencies. History /background: For over 30 years, fire departments with jurisdiction in Johnson County, Iowa, have participated in the 28E Agreement for fire protection services. The agreement provides for sharing resources, to include personnel and equipment when the hosting jurisdiction's resources have been exhausted. Discussion of Solution: The 28E Agreement for Fire Protection has been amended to include: Section IV., last paragraph, a reference to training as required by Iowa Code; and Section V., first paragraph, references to the incident commander. Recommendation: Pass a resolution allowing the mayor to sign the Johnson County Fire Protection Mutual Aid 28E Agreement on behalf of the City of Iowa City. AJR/bdm I FILED 28 Agreement LL M505851 1118/2013 9:32:29 AM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Matt Schultz or ,oy 'County y4pic Secretary State N <NY Or of State of Iowa I FILED 28 Agreement LL M505851 1118/2013 9:32:29 AM LL PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: `Enter "Other' it not in Iowa Item 2. The type of Public Service included in this agreement is: 210 Fire Response (Enter only one Service Code and Description) Code Number service Description Item 3. The purpose of this agreement is: (please be specific) Agreement among the City of Iowa City and certain other cities and independent fire districts in Johnson County for mutual fire aid protection. Item 4. The duration of this agreement is: (check one) ❑Agreement Expires 0Indefinite Duration Immidd /yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing # of the agreement: M036489 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www,sos.stateAa.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Administrative Assistant Department Administrative Assistant Email kellie- tuttle(o)iowa- city.org Phone 319 - 356 -5043 Full Legal Name Organization Type 'County Party 1 City of Iowa City City Johnson Party 2 County of Johnson County Johnson Party 3 Party 4 Party 5 `Enter "Other' it not in Iowa Item 2. The type of Public Service included in this agreement is: 210 Fire Response (Enter only one Service Code and Description) Code Number service Description Item 3. The purpose of this agreement is: (please be specific) Agreement among the City of Iowa City and certain other cities and independent fire districts in Johnson County for mutual fire aid protection. Item 4. The duration of this agreement is: (check one) ❑Agreement Expires 0Indefinite Duration Immidd /yyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing # of the agreement: M036489 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: www,sos.stateAa.us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Administrative Assistant Department Administrative Assistant Email kellie- tuttle(o)iowa- city.org Phone 319 - 356 -5043 M �A =� RESOLUTION NO. 12 -17 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A 28E AGREEMENT AMONG THE CITY OF IOWA CITY AND CERTAIN OTHER CITIES AND INDEPENDENT FIRE DISTRICTS IN JOHNSON COUNTY, IOWA, FOR MUTUAL FIRE AID PROTECTION. WHEREAS, the fire departments or fire districts of all the parties named in the incorporated 28E Agreement are members of the Johnson County Mutual Aid Association; and WHEREAS, the stated purpose of the Association is to provide mutual aid fire protection, fire prevention, hazardous material release mitigation, emergency medical services, and rescue; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment and personnel maintained and provided by any one of the parties named in the incorporated 28E Agreement; and WHEREAS, in such a situation that availability of additional firefighting personnel and equipment from outside sources might well avert disastrous results; and WHEREAS, Chapter 28E of the Code of Iowa (2011) 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, privileges, and authority by entering into agreements to cooperate for their mutual advantage; and WHEREAS, the City of Iowa City has negotiated the attached 28E Agreement with the other cities and independent fire districts for the provision of mutual aid fire protection, which is in the public interest. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council of the City of Iowa City, Iowa, hereby authorizes the Mayor to sign and the City Clerk to attest the attached 28E Agreement between the City of Iowa City and certain other cities and independent fire districts in surrounding Johnson County, Iowa, for the provision of mutual aid fire protection. 2. Upon execution of the attached 28E Agreement by all parties to said agreement, the City Clerk shall certify a copy of this Resolution and the agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. Passed and approved this 10th day of Janua MAYOR 2012. Approved by ATTEST: l rimer it • 2(a. !) I a/ � i/ CITY CLERK City Attorney's Office Resolution No. Page 2 It was moved by there were: 12 -17 Mims and seconded by Payne the Resolution be adopted, and upon roll call AYES: NAYS: ABSENT: g Champion g Dickens X Dobyns —_ Hayek g Mims % Payne x Throgmorton AGREEMENT FOR MUTUAL AID FIRE PROTECTION IN AND SURROUNDING JOHNSON COUNTY, IOWA JANUARY 2012 THIS AGREEMENT is made pursuant to Chapter 28E, Code of Iowa, between any and all of the following: City of Coralville, Iowa; City of Hills, Iowa; City of Iowa City, Iowa; City of Lisbon, City of Lone Tree, Iowa; City of North Liberty, Iowa; City of Oxford, Iowa; City of Riverside, Iowa; City of Shueyville, Iowa; City of Solon, Iowa; City of Swisher, Iowa; City of Tiffin, Iowa; City of University Heights, Iowa; Wellman Volunteer Fire Department, City of West Branch, Iowa; Fremont, Lincoln and Pleasant Valley Fire Association; Tiffin Fire Association; Jefferson - Monroe Fire Department, Inc.; Kalona Volunteer Fire Department; Tri- Township Fire Department; Iowa, Highland, Jackson, Liberty, and Sharon Townships; and City of West Liberty Fire Department. WHEREAS, the fire departments or fire districts of all the undersigned parties are members of the Johnson County Mutual Aid Association; and WHEREAS, a stated purpose of the Association is to provide mutual aid in fire protection, fire prevention, hazardous material mitigation, emergency medical service, and rescue; and WHEREAS, occasions may arise whereby extra alarm fires or other emergencies would exhaust the available firefighting equipment maintained by one of the parties herein; and WHEREAS, in such a situation the availability of additional firefighting personnel and equipment from outside sources might well avert disastrous results; 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 fire and emergency assistance upon a reciprocal basis. THEREFORE, THE PARTIES HERETO mutually agree to give fire and emergency assistance when needed on a reciprocal basis under the following terms and conditions: SECTION I. AUTHORITY TO RESPOND TO PROVIDE ASSISTANCE The power to make a request for assistance or to provide aid under this agreement shall reside in the member department fire chief or his official designee only. For purposes of this agreement, the "requesting department" shall mean the fire chief or designee asking for assistance and the "responding department" shall mean the fire chief or designee sending assistance. Any member department shall have the right to request assistance from any other member department or departments, subject to the terms and conditions of this agreement. For the purpose of this agreement, the terms "member department" and "member" shall mean the fire department of the respective parties hereto. SECTION II SITUATION WHERE ASSISTANCE IS REQUESTED Utilizing the Johnson County Mutual Aid Box Alarm System (MABAS), automatic aid agreement, or by special request, a member department may request assistance from another member department only when the requesting department has concluded that such assistance is essential to protect life and /or property at a location afforded fire protection, fire prevention, hazardous material releases, emergency medical service, and technical rescue service by the requesting department. SECTION III. RESPONSE TO REQUEST Upon request, a responding department, upon determination that an emergency situation exists and subject to the availability of personnel and equipment, shall dispatch personnel and equipment to aid the requesting department. SECTION IV. PERSONNEL AND EQUIPMENT PROVIDED The requesting department shall include in its request for assistance the amount and type of equipment and number of personnel required, and shall specify the location where the personnel and equipment are needed. The final decision on the number and the amount and type of equipment to be sent shall be solely that of the responding department. The responding party shall be absolved from liability in connection with all acts associated herewith provided that the final decision is made with reasonable diligence. No member department shall make any claim whatsoever against another member department for refusal to send the requested equipment or personnel where such refusal is based on the judgment of the responding department that such personnel and equipment are needed to protect the district of the responding department. The responding department holds all responsibility for training structural firefighters to the minimum requirements, as stated in the Iowa Code. The responding department will make the incident commander aware of any firefighters that responded that do not meet the minimum standard, as stated in the Iowa Code. 2 party shall provide appropriate and reasonable insurance for its member department's personnel who may suffer injury, disability, or death and /or are involved in loss or damage to private property, and/or death of or injury to private individuals in the performance of official duties while assisting another member department under the terms of this agreement and shall supply proof of such reasonable insurance to the other parties hereto by providing a certificate thereof. Each party hereto shall be responsible for defending against claims made against it or its member 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 other parties hereto, or against the member departments or personnel of said parties. SECTION VIII. TOWNSHIP AGREEMENTS The cities and independent fire districts which are parties hereto and which have fire protection agreements with each other wherein the independent fire district is a public safety provider for the respective city agree to maintain such agreements in force, and to provide copies of same to the other parties upon request, thereby making them part of this agreement, and by promptly notifying in writing the other parties of any amendment, renewal, or termination of such agreements. In the event such an agreement lapses, there shall be no further obligation by the other parties hereto to respond to a request for assistance within the fire protection area covered by such lapsed agreement. SECTION IX. TERM OF AGREEMENT This agreement shall be in full force and effect upon execution by all parties hereto and the filing and recording thereof as provided in Section 12. 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. The agreement may be amended by agreement of all parties. Any party may withdraw from the agreement by giving thirty (30) days written notice to each of the other parties hereto by certified mail, in which case said notifying party shall be deleted from further operation of the agreement. SECTION X. ADMINISTRATION OF AGREEMENT This agreement shall be administered by the Johnson County Mutual Aid Association, which shall periodically review said agreement and attempt to resolve any problems which may arise in carrying out said agreement. SECTION XI. NOTICES Any written notice as required in this agreement shall be sent to the address of the respective parties as shown on the execution portion of this agreement. 4 SECTION V. COMMAND AT FIRE SCENE In accordance with the National Incident Management System (NIMS), the responding department personnel and equipment shall report to the incident commander of the requesting department who shall be in charge at the incident location unless he /she specifically relinquishes this authority to another officer. The incident commander shall have the power to issue reasonable orders and directives, and responding officers will then act on said orders. The responding department personnel and equipment shall be released by the requesting department when the services of the responding department are no longer required or when the responding department personnel and /or equipment are needed in their home districts. Responding district personnel 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 VI. NO REIMBURSEMENT FOR COSTS No member department shall be required to reimburse any other member department for the cost of providing the services set forth in this agreement. Each member department shall pay its own costs (salaries, repairs, materials, compensation) for responding to the requests of other member departments. However, the requesting department shall provide without charge, such additional fuel as may be required by the responding department to carry on the combined efforts after its initial fuel supply is depleted, plus sufficient fuel to fill their fuel tanks before they return to their home district. Further, the requesting department shall reimburse the responding department(s) for the cost of special materials, such as but not limited to, foam or other special materials, specifically requested by the requesting department and which are provided by the responding department and utilized at the site of assistance. SECTION VII. LIABILITY Employees of any member department 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 to be employees of their member department. Each party hereto shall bear the liability and/or cost of damage to its member department's equipment and the death of or injury to its member department's personnel, whether the death, injury or damage occurs at an incident in the member's own fire protection area, or in a fire protection area where the firefighter is working as a member of a responding department. Each 3 SECTION XII. PRIOR FIRE MUTUAL AID AGREEMENTS This agreement supersedes any and all prior fire mutual aid agreements between and among the parties or their respective member departments. SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF IOWA CITY, IA Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 11I Mayor Attest: /��2 4!4d— City Clerk Date: January 10, 2012 FIRE Swisher, 52 8 (As a Fire rot ction Provider for the City o visher, IA, and the City of Sh ville, IA) By: Attest: Date: By: N. By: Attest: / _ Attest: Date: / Date: 9 CITY,OF CORALVILL ; IA Coraldille City Hall 1512 -7`� treet Coralville, 5 41 CITY OF SHUEYVILLE, IA Shueyv lle Community Bldg. Rural Mite 2 Cedar Rapids, IA 52401 By: Attest: Date: CITY OF LONE TREE, IA Lone Tree City Hall Lone Tree, IA 52755 By: Attest: Date: CITY OF TIFFIN, IA Tiffin City Hall Tiffin, IA 52340 By: Attest: Date: By: Attest: Date: Attest: Date: By: Attest: Date: 7 CITY OF UNIVERSITY HEIGHTS, c/o City Clerk / 207 Golfview Avenue Iowa City, IA 52240 FRE NT, LINCOLN & PLEASANT VA EY FIRE ASSOCIATION L e Tree, IA 52755 s a Fire Protection Provider for the City of Lone Tree, IA) TIFFIN FIRE ASS( Tiffin, IA 52340 N (As a Fire Protectio City of Tiffin, IA) for the CITY OF RIVERSIDE, IA rverside City Hall Riverside, IA 52327 By: By: Attest: Attest: Date: \ Date: CITY OF WEST BRA CH, IA West Branch City Hall West Branch, IA 52358 By: By- Attest: ttes Date: Dat CITY OF NORTH LIB] North Liberty City Hall North Liberty, IA 523 � m Attest: IOWA, HIGHLAND, JACKSON, LIBERTY, & SHARON TOWNSH Riverside, IA 52327 (As a Fire Protection Provider r the City of Riverside, IA) VOLUNTEER FIRE IA 52247 IA CI Y OF HILLS, IA Hills ity Hall Hills, 1A, 52235 is Attest: Date: / Date: 0 M Attest: Date: By: Attest: Date: CITY OF SOLON, IA Solon City Hall Solon, IA 52333 CITY OF OXFORD, Oxford City Hall Oxford, IA 52322 CITY OF LISBON, IA Lisbon City Hall Lisbon, IA 52253 TRI- TOWNSHIP FIRE DEPAR Solon, IA 52333 / m Attest: Date: CITY F WEST LIBERTY, IA We Liberty City Hall est Liberty, IA 52776 By: ,MAN VOLUNTEER FIRE DEPT. Street an,IA 52356 By: / By: Attest: / Attest: Date: / Date: m SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF CORALVILLE, IA Coralville City Hall 1512 -71" Street Coralville, IA 52241 By: Attest: Date: SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. LN Attest: Date: JEFFERSON- MONROE FIRE DEPARTMENT, INC. Swisher, to 52338 (As a Fire Protection Provider for the City of Swisher, 1A, and the City of Shueyville, IA) SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the dates) as shown below. In Attest Date: CITY OF SWISHER, IA Swisher City Hall Swisher, IA 52338 II. FILING AND RECORDING SECTION XI of State and Upon execution by all parties hereto, this agreement shall be filed with the Secretary recorded with the Johnson County Recorder. executed this agreement effective on the IN WITNESS THEREOF' the parties hereto have duly date(s) as shown below. CITY OF SaMyVILLE, IA Shueyville Community Bldg, Rural Route 2 Cedar Rapids, IA 52401 m Attest: vv I / - 7d [ Date: SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the datc(s) as shown below. CITY OF LONE TREE, IA Lone Tree City Hall Lone Tree, IA 52755 SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the 7olmson County Recorder. IN WITNESS TIM the parties hereto have duly executed this agreement effective on the E date(s) as shown below. FREMONT, LINCOLN & PLEASANT VALLEY FIRE ASSOCIATION Lone Tree, IA 52755 (As a Fire Protection Provider for the City of Lone Tree, IA) By: Attest: Date: SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF TIFFIN, IA Tiffin City Hall Tiffin, IA 52340 By: Attest: Date: SECTION %III. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder, IN WITNESS TH REOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. M Attest; Date: TIFFIN FIRE ASSOCIATION Tiffin, IA 52340 (As a Fire Protection Provider for the City of Tiffin, IA) pe � T1-- iG SECTION XIII. TILING AND RTC,ORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of Stele vxl recorded with the Johnson County Recorder, IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the dates) as shown below, By: Attar. Date, CITY OF UVERSIDE, IA Riverside City Hall Riverside, IA 52327 SL+MON XUL FILING AND RE, CORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and retarded with the Johnson County Recorder, IN WITNESS THEIMOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. By: Attost Date: IONVA, HIGHLAND, JACKSON, LIBERTY, & SHARON TOWNSIITPS Mverside, TA 52327 (As a Fire Protection Provider for the SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF WEST BRANCH, IA West Branch City Hall West Branch, IA 52358 By: Attest: Date: p,,,l r� ss � �� 1,1iAyOP, �Vja,7f /// uckay, n,� Ci` /j AWm, 1s1k,44oK10eA SECTION %III. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THE REOF, the parties hereto have duly executed this agreement effective on the date(s) as shown KALONA VOLUNTEER FIRE DEPARTMENT Kalona, IA 52247 CX By: Att e�te' Date: //`__ ' � — SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the dates) as shown below. CITY OF NORTH LIBERTY, IA North Liberty City Hall North Liberty, IA 52317 By: C�4� Attest: Date: SECTION %III. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEROF, the parties hereto have duly executed this agreement effective on the E date(s) as shown below. CITY OF HILLS, IA Hills City Hall Hills, IA 52235 By. I �^ Attest: Date: SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF SOLON, IA Solon City Hall Solon, IA 52333 i Date: Y- d7" Ick SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. TRI- TOWNSHIP FIRE DEPARTMENT Solon, IA 52333 :��i�4 SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF OXFORD, IA Oxford City Hall Oxford, IA 52322 SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and Count recorded with the Johnson y Recorder. IN WITNSS THEREOF, the parties hereto have duly executed this agreement effective on the E date(s) as shown below. CITY OF WEST LIBERTY, IA West Liberty City Hall West Liberty, IA 5� M Attest: Date: !J aZ 1 r SECTION XIII. FILING AND RECORDING Upon execution by all parties hereto, this agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. IN WITNESS THEREOF, the parties hereto have duly executed this agreement effective on the date(s) as shown below. CITY OF LISBON, IA Lisbon City Hall Lisbon, IA 52253 By: Attest: Date: \\ -\ 3 S I CTION X11) TILING AND RECOMMG Upon execution by att patties hereto, tills agreement shalt be filed with til e Secretary of State and recorded with tho Joluison County Recorder. IN'WITNPSS TIMRg'OT, tho patties hereto have duty executed lids agreement effoctive on tile date(s) as sliown below. 11Y: Attest; Date; WELLMAN VOLUNTEER FIREDEPT. 95 -3 ", Street Wellman, IAA 52356 -011 _I -, Ak- IN% I% .� d aty Of January 12, 2012 Please sign the attached 28E agreement and pass along to next City or Fire District. When the 28E agreement has been fully executed please return to: Marian Karr, City Clerk City of Iowa City 410 East Washington Street Iowa City, IA 52240 The City will record with the County Recorder and Secretary of State. If you have any questions please contact Fire Chief Andy Rocca, 356 -5256 Z' Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 12 -18 RESOLUTION APPROVING AN AGREEMENT TO PURCHASE AUDITORS PARCEL 2011125, A.30 ACRE PARCEL OF PROPERTY ABUTTING RALSTON CREEK AND ACROSS FROM THE LONGFELLOW TRAIL AS PUBLIC PARKLAND WHEREAS, Jerrie and Dorothy Rogers have approached the Parks and Recreation Commission and offered to sell a .30 acre of property abutting Ralston Creek and across from the Longfellow Trail for public parkland; and WHEREAS, the Parks and Recreation Commission recommends the acquisition and City staff has negotiated a purchase agreement with the owners that requires City Council approval; and WHEREAS, the funds for the acquisition will come out of Capital Improvements Project 4130, Parks Annual Improvements; and WHEREAS, the City finds that said purchase agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached purchase agreement is approved. 2. Upon the direction of the City Attorney, the City Manager is authorized to execute all documents necessary to purchase the property in accordance with said purchase agreement. Passed and approved this 10th day of January , 2012. ATTEST: G CITY-CLERK tom:.:.. App 6edy.._ City ttorney's Office 14 Resolution No. 12 -18 Page 2 It was moved by Champion and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ASSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton PURCHASE AGREEMENT (NON- RESIDENTIAL) TO: Jerry W. and Dorothy Rogers (SELLERS) The undersigned BUYER hereby offers to buy and the undersigned SELLERS by their acceptance agree to sell the real property situated in Iowa City, Johnson County, Iowa and legally described as: [LEGAL DESCRIPTION TO BE INSERTED ACCORDING TO PARAGRAPH 9. Property is generally described as the "remaining area" consisting of .30 acre or 13127.93 Sq. Ft. on the plat of Auditor's Parcel 2011672] together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions provided BUYER, on possession, are permitted to use the Property for all lawful purposes. 1. PURCHASE PRICE. The Purchase Price shall be $6,500 to be paid in full at the time of closing and transfer of possession. 2. REAL ESTATE TAXES. Seller shall pay the 2010 -2011 real estate taxes and any unpaid real estate taxes payable in prior years. Seller shall also give Buyer a credit for a prorated portion of the 2011 -2012 real estate taxes, if any, assessed against the Real Estate. Buyer shall pay all real estate taxes against the property after closing. Any proration of real estate taxes on the Real Estate shall be based upon the most current assessed valuation, legislative rollback and applicable levy rate. 3. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of closing and all special assessments due, but if not paid, that would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. All other special assessments shall be paid by Buyer. 4. RISK OF LOSS AND INSURANCE. The Property shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. SELLER shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLER agrees to maintain existing insurance and BUYER may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, BUYER shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The Property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. 5. POSSESSION AND CLOSING. If BUYER timely performs all obligations, possession of the Property shall be delivered to Buyer on January 2, 2012, and any adjustments of rent, insurance, interest and all charges attributable to the SELLER's possession shall be made as of the date of possession. Closing shall occur after the approval of title by BUYER and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect the Property within 72 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. This transaction shall be considered closed upon the delivery of the title transfer documents to BUYER and receipt of all funds then due at closing from BUYER under the Agreement. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. 7. CONDITION OF PROPERTY. The property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the SELLER in its present condition until possession, ordinary wear and tear excepted. SELLER makes no warranties, expressed or implied, as to the condition of the property. Within ten (10) days after the acceptance of this Agreement, BUYER may, at their sole expense, have the property inspected by a person or persons of their choice to determine if there are any structural, mechanical, plumbing, electrical, environmental, or other deficiencies. Within this same period, the BUYER may notify in writing the SELLER of any deficiency. The SELLER shall immediately notify the BUYER in writing of what steps, if any, the SELLER will take to correct any deficiencies before closing. The BUYER shall then immediately in writing notify the SELLER that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to BUYER. 8. ABSTRACT AND TITLE. SELLER, at its expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to BUYER'S attorney for examination. It shall show marketable title in SELLER in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. SELLER shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLER's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten (10) days written notice to the other party. The abstract shall become the property of BUYER when the Purchase Price is paid in full. SELLER shall pay the costs of any additional abstracting and title work due to any act or omission of SELLER, including transfers by or the death of SELLER or its assignees. The abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances, SELLER shall pay the costs thereof. BUYER may, at BUYER's expense prior to closing, have the property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. The legal description from the survey shall become the description of the Real estate for purposes of conveyance hereunder. 10. ENVIRONMENTAL MATTERS. A. SELLERS warrant to the best of their knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, burial sites or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require remediation under current governmental standards, and SELLERS have done nothing to contaminate the Property with hazardous wastes or substances. SELLERS warrant that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, burial sites or underground storage tanks. SELLERS shall also provide BUYER with a properly executed GROUNDWATER HAZARD STATEMENT showing no wells, solid waste disposal sites, hazardous wastes and underground storage tanks on the Property unless disclosed here: B. BUYER may at their expense, within 30 days after the date of acceptance, obtain a report from a qualified engineer or other person qualified to analyze the existence or nature of any hazardous materials, substances, conditions or wastes located on the Property. In the event any hazardous materials, substances, conditions or wastes are discovered on the Property, BUYER'S obligation hereunder shall be contingent upon the SELLER'S removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to BUYER. However, in the event SELLERS are required to expend any sum in excess of $ 1,000 to remove any hazardous materials, substances, conditions or wastes, SELLERS shall have the option to cancel this transaction and declare this Agreement null and void. The expense of any inspection shall be paid by BUYER. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by SELLERS, subject to SELLERS' right to cancel this transaction as provided above. 11. RIGHT OF ACCESS BEFORE CLOSINGANDEMNIFICATION. Prior to closing on the purchase of the Property, BUYER and its agents may have reasonable access to the Property for survey, soil tests, environmental investigation and other similar activities for the purpose of satisfying the contingencies and obligations of this Agreement. BUYER shall promptly repair and restore any damage caused by such access. BUYER hereby agrees to indemnify and hold harmless SELLER from any and all expenses, claims or losses arising from or in connection with any activities of BUYER, its officer, agents, employees or contractors on the Property prior to the closing date, including without limitation, any attorney's fees or court costs occasioned by such claims. 12. DEED. Upon payment of the Purchase Price, SELLERS shall convey the Property to BUYER by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by BUYER. 13. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLERS, immediately preceding acceptance of the offer, hold title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the SELLERS, then the proceeds of this sale, and any continuing or recaptured rights of SELLERS in the Property, shall belong to SELLERS as joint tenants with full rights of survivorship and not as tenants in common; and BUYER in the event of death of any SELLER, agrees to pay any balance of the price due SELLERS under this contract to the surviving SELLERS and to accept a deed from the surviving SELLERS consistent with Paragraph 15. 14. JOINDER BY SELLER'S SPOUSE. SELLER'S spouse, if not a title holder immediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate contract for this purpose. 15. STATEMENT AS TO LIENS. If BUYER intends to assume or take subject to a lien on the Property, SELLERS shall furnish BUYER with a written statement prior to closing from the holder of such lien, showing the correct balance due. 16. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 17. APPROVAL OF COURT. If the Property is an asset of an estate, trust or conservatorship, this Agreement is contingent upon Court approval unless Court approval is not required under Iowa law and title standards of the Iowa State Bar Association. If the sale of the Property is subject to Court approval, the fiduciary shall promptly submit this Agreement for such approval. If this Agreement is not so approved by prior to closing, either party may declare this Agreement null and void, and all payments made hereunder shall be made to BUYER. 18. REMEDIES OF THE PARTIES. BUYER and SELLERS are entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by SELLERS and BUYER. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. This Agreement shall be construed and interpreted in accordance with the laws of the State of Iowa. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 23. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to BUYER on or before the 21st day of November, 2011, this Agreement shall be null and void and all payments made shall be returned immediately to BUYER. If accepted by SELLERS at a later date and acceptance is satisfied by BUYER in writing, then this contract shall be valid and binding. 24. IOWA CITY COUNCIL APPROVAL. The parties' obligations under this Agreement are contingent upon formal approval by the City Council for Iowa City, pursuant to Section 364.7 of gC� the Code of Iowa. BUYER shall seek said approval promptly after acceptance of this Agreement by SELLER. If this Agreement is not approved by the City Council for Iowa City within 'days after acceptance of this Agreement, this Agreement shall be null and void and all earnest money shall be returned to the BUYER. ST This Offer is presented to the SELLER on this o1 l ' day of October 2011. BUYER CITY OF IOWA CITY, IOWA 410 E. Washington ow Io a 52245 BY: om Markus, City Manager This Offer is accepted by SELLER on this Y -H) day of i�J� , 2011. S LER } dress: � G} Y: ^�'-r, -4 CITY OF IOWA CITY _ � ,MEMORANDUM . � 15 DATE: January 4, 2012 TO: Tom Markus, City Manager FROM: Rick Fosse, Public Works Director P� RE: Consultant Agreement with Neumann Monson Architects for the Animal Center Project Phase I- Programming Review and Design Introduction: The City of Iowa City solicited Requests for Qualifications (RFQ) from Architecture and Engineering firms to design a new Animal Center to replace the facility destroyed in the 2008 flood. Of the nine firms that submitted their qualifications, three companies were shortlisted for interviews with City Staff. The firm that was selected and is recommended to design the future Animal Care Facility is Neumann Monson Architects of Iowa City, Iowa. History /Background: The former Animal Control Facility was damaged beyond repair in the 2008 flood. Operations since the flood have been housed in a rented facility south of town. The future Animal Center will be located on City property west of the Public Works Administration Building and Salt Storage structure at 3800 Napoleon Lane. This site has been approved by the Federal Emergency Management Agency (FEMA) for relocation. Currently the scope of the project is based on FEMA reimbursement and is limited to a facility that would replace the building that was flooded in 2008, which was quantified as 7000 square feet with $1.4 million obligated by FEMA. The size of the future facility will ultimately be dependent upon fiscal support from other local governmental agencies for the construction of a facility to support their Animal Center needs, and from a pending Capital Campaign by the Friends of the Animal Center Foundation (FACF). Discussion of Solutions: The work to be performed by the design consultant will be separated into two contractual phases: • PHASE I- Programming Review and Schematic Design • PHASE II- Design Development through Construction Administration Two phases are necessary because the ultimate scope of the project has not yet been determined. The final scope will be determined by the fiscal support from neighboring communities and the Capitol Campaign by the FACF. Neumann Monson Architects will assist the City in developing the final scope. January 4, 2012 Page 2 The tentative Animal Center project schedule is as follows: January 10, 2012 Council Awards agreement for PHASE I March, 2012 Phase I- Programming Review &Schematic Design complete April 2012 FEMA Review /Improved Project Request May 2012 PHASE II- A & E agreement submitted to Council for approval October 2012 Final Plan Submission /Final FEMA review May 2014 Construction Complete Financial Impact: The fee for this contract is considered a reimbursable expense to the City by FEMA. For economy, the Phase I fees will be separated into three parts: • A not -to- exceed hourly Programming fee of $30,000.00, and • A fixed Schematic design fee of $29,300.00; and • Reimbursables expenses not to exceed $7,500. Recommendation: Staff recommends that Council approve the agreement to enter into a Phase I- Programming Review and Schematic Design contract with Neumann Monson Architects. cc: Kumi Morris, Engineering Division Rick Wyss, Police Department a. Prepared by: Kumi Morris, Archt. Services Coordinator, 410 E. Washington St., Iowa City, IA 52240; (319) 356 -5044 RESOLUTION NO. 12 -19 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NEUMANN MONSON PC TO PROVIDE ARCHITECTURE AND ENGINEERING CONSULTANT SERVICES FOR THE ANIMAL CARE AND ADOPTION CENTER PROJECT. WHEREAS, the City of Iowa City desires to design and replace the 2008 flooded Animal Care and Adoption Center; and WHEREAS, programming and schematic design are necessary to determine the facility size and costs; and WHEREAS, the City desires the services of a consulting firm to prepare programming and schematic development of scope with FEMA and design for the Animal Care and Adoption Center Project; and WHEREAS, the City of Iowa City had released a Request for Qualifications (RFQ) for Architectural Services and received nine submittals, shortlisted three firms for interviews and selected Neumann Monson PC; and, WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Neumann Monson PC, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Neumann Monson PC. WHEREAS, funds for this project are available in the Animal Care and Adoption Center Project account #4422- 432040; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this t oth day of January , 20 12 MAYOR ATTEST: 4 CITY-CLERK pweng /res /designagt -ani ma Ictr. doe Approved by City Attorney's Office Resolution No. 12-19 Page 2— It was moved by Payne and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion Dickens x Dobyns x Hayek x Mims x Payne Y CONSULTANT AGREEMENT THIS AGREEMENT,. made and entered into this Lath day of Tanaary , 2012, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Neumann Monson PC, of Iowa City, hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City has received a grant from the Federal Emergency Management Agency (FEMA) to construct a new Animal Center to replace the previous facility damaged by the 2008 flood of the Iowa River; and WHEREAS, the City previously retained Jackson and Ryan Architects to conduct a general animal shelter programming needs study ( "the Iowa City Animal Care and Adoption Center Program Study ") prior to the selection of a site for a new facility; and WHEREAs, the City has now identified a site located near southwest of the Iowa City Public works Streets Administration and Salt Storage Building located at 3800 Napoleon Lane for the new Animal Shelter; and WHEREAS, the City desires to retain Consultant, an architectural firm registered in the State of Iowa, to perform programming review and architectural schematic design alternatives for the new facility at the selected location; WHEREAS, the schematic design alternatives shall include alternatives showing improvements beyond those included in the FEMA grant agreement. Such alternatives shall be considered "Improved Project" alternatives. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. PHASE I- Programming Review and Schematic Design A. PROGRAMMING: 1. Conduct site visits and include site information gathered, including, but not limited to photographs taken, topographic information, utility locations that as part of the dialogue and final analysis. 2. Conduct meetings and organize information between the subconsultants, including Jackson and Ryan Architects, and the City. 3. Incorporate the information in the Jackson and Ryan Architect's Iowa City Animal Care and Adoption Center Program Study to develop a modern animal care facility on the new site. B. SCHEMATIC DESIGN: 1. Conduct meeting(s) with the City staff to confirm the Program requirements previously established by the Program study. Consultant shall ascertain the current wants and /or versus needs for the facility and exterior spaces. The meetings will involve intensive input process involving users of the facility, Jackson and Ryan Architects, FEMA and FACF, the public and other neighboring entities and institutions. 2. Prepare drawings and other documents which depict several alternative concepts which satisfy program, schedule and budget requirements, and will make a recommendation to the City of the most appropriate alternative and /or a ranking of alternatives. 3. Evaluate conceptual options and alternatives in relation to original FEMA requirements and funding and an Improved Project, if approved. 4. Assist in geotechnical services and survey work, which shall include a site analysis, including access to neighboring roads and trails. 5. Determine if a phased implementation plan will be necessary. 6. Establish preliminary costs estimates for each phase, if phasing is recommended. 7. Should the concept plans include plans for an "improved project ", Consultant shall separate cost estimates for the FEMA- approved project components (7,000 square feet at $1.4 Million), improvements required to comply with code changes, and the improved project components. 8. Create renderings of the final selected concept plan(s) to be used by the City and auxiliary organizations for presentations on the proposed facility. 9. Provide presentations to City Staff, City Council, FEMA, auxiliary groups and the public to provide an appropriate summary of the project as needed. C. SUBCONSULTANT SCOPE - Jackson & Ryan Architects- Technical Advisor. The Consultant will enter into a subconsultant agreement with Jackson & Ryan Architects, of Houston, Texas, to perform the following technical advisory functions to assist Consultant in its performance of the Scope of Services detailed above: 1. Confirm Program requirements previously established. 2. Prepare Schematic Design floor plan. 3. Assist with Schematic Design site plan. 4. Assist with exterior elevations. 5. Conduct two site visits. II. TIME OF COMPLETION The Consultant shall complete Scope of Services in accordance with the project schedule as follows: January 10, 2012 Council Awards agreement March 30, 2012 Phase I- Programming Review & Schematic Design Completion III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the 'lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. 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. L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged 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. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $1,000,000 per claim /aggregate. IV. COMPENSATION FOR SERVICES Consultant shall perform the Scope of Services for the following fees: A. Programming: to be performed on an hourly basis, for a not to exceed fee of $30,000 according to the Schedule of Hourly Rates attached hereto as Appendix A and incorporated herein by this reference. This fee shall include any fees charged to Neumann Monson by any subconsultant, including Jackson & Ryan, but does not include reimbursable expenses. B. Schematic Design: to be performed for a fixed fee of $29,300. This fee does not include reimbursable expenses. C. Reimbursable expenses, defined below, shall not exceed $7,500. Said expenses may include transportation in connection with the Project; fees paid for securing approval of authorities having jurisdiction over the Project; reproductions, plots, standard form documents, postage, handling and delivery of Instruments of service; renderings, models, and mock -ups requested by the City, other similar Project - related expenditures. Reimbursable Expenses shall be reimbursed at a rate of 1.1 times the expense incurred by Consultant or subconsultants. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C Upon completion of the Scope of Services detailed above, the City may choose, at its sole discretion, to retain and enter into a separate contract with Consultant to perform certain Phase II services which may include, but not be limited to, the following: DESIGN DEVELOPMENT: Development documents consisting of drawings and other documents to fix and describe the size and character of the Project, as to the architectural, structural electrical, civil and mechanical systems. These documents shall also include information on materials and other such elements as may be appropriate and clearly define the separate scope and costs if an Improved Project is approved by all governmental agencies. ii. Compile comprehensive equipment list and specifications. iii. Organize and coordinate information from the City and external entities, such as Utility companies, FEMA, and FACF. iv. Advise the City of any adjustments to the preliminary estimate of Construction Costs, including original FEMA obligation and Improved Project costs. 2. CONSTRUCTION DOCUMENTS: Based on approval of the Design Development Documents, the Consultant shall prepare Construction Documents consisting of Drawings and Specifications setting forth detail in the requirements for the construction of the Project which shall comply with all regulatory requirements of the Iowa City Building and Fire Codes, Workplace, Health and Safety, the State, OSHA and Controlled Product Standards and any other applicable codes /bylaws ii. Assist the City in the preparation of necessary bidding information and contractual documentation. iii. Assist the City in the City's responsibilities for filing documents required for the approval of governmental authorities having jurisdiction over the Project. iv. Establish a final construction cost estimate. 3. BIDDING AND NEGOTIATION: i. Assist the City in preparation of bid documents, conduct the prebid meeting, formally answer bidders' questions, and review and analyze the bid documents and make a formal recommendation to the City. 4. CONSTRUCTION ADMINISTRATION: i. Provide administration of the construction according to the City- approved plans and specifications. ii. Review and monitor the costs and schedule throughout the process; immediately report any deviations from approved cost and, schedule to the City. Track all project costs, including soft costs, and other project charges as provided by the City, to ensure that overall budget guidelines are followed. iii. Provide Record Drawings. 5. SUBCONSULTANT SCOPE: i. Consultant shall retain as a subconsultant, Jackson & Ryan Architects to perform the following services during Phase II: a. Design Development: Prepare interior elevations of animal environments, prepare animal equipment specifications and cut sheets. b. Construction Documentation: review all animal related documentation in drawings and specification; assist with animal environment detailing. c. Bidding Negotiation: Review proposals for animal equipment costs. d. Construction Administration: Conduct three site visits- one for the pre - construction meeting, one during the installation of the animal environment equipment and one post- construction visit to develop a punch list of animal environments. 6. COMPENSATION FOR SERVICES FOR PHASE II SCOPE i. Consultant fee for Phase II Services, if the parties choose to contract for such services, is anticipated to be 8% of the estimated construction cost. FOR THE CITY FOR THE CONSULTANT By. �� ^ By: - Matthew J. Hay Title: Mayor Title: Date: 7an„ary n 20� 2 ATTEST: 'it Clerk Date: I -'t - I;?— Approved by: City Attorneys Office D to APPENDIX A SCHEDULE OF HOURLY RATES 2012 NEUMANN MONSON P.C. IOWA CITY and DES MOINES, IOWA Various personnel of the firm have been classified according to experience and technical training, and the following schedule of charges for services will apply for all work performed during 2012. For the work undertaken in subsequent years, this schedule may be negotiated upward as a direct result of salary escalation. SERVICES Classification Hourly Rate Clerical I $55.00 Clerical I1 $60.00 Clerical III $65.00 Drafter I $55.00 Drafter II $65.00 Drafter III $70.00 CAD Operator 1 $75.00 CAD Operator II $80.00 CAD Operator III $85.00 CAD Operator IV $90.00 Technical Staff I $100.00 Technical Staff II $105.00 Interior Designer I $85.00 Interior Designer II $90.00 Interior Designer III $95.00 Intern Architect I $85.00 Intern Architect II $90.00 Intern Architect III $95.00 Intern Architect IV $100.00 Architect 1 $110.00 Architect II $115.00 Architect 1II $120.00 Structural Engineer $160.00 Associate I $125.00 Associate II $135.00 Associate 1II $145.00 Associate IV $155.00 Director $165.00 Principal I $170.00 Principal II $190.00 Confidential 2011