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Home My WebLink About2012-10-02 Resolution3d(1) Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5144 RESOLUTION NO. 12 -427 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE LANDFILL GROUNDWATER UNDERDRAIN LIFT STATION PROJECT. WHEREAS, Maxwell Construction, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of $112,138.80 for construction of the above -named project; and WHEREAS, funds for this project are available in the Landfill FY09 Cell Reconstruction account # 3321. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above -named project is hereby awarded to Maxwell Construction, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above -named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above -named project. Passed and approved this 2nd day of October -720 12 App--proved by ATTEST: ccAM CITYtLERK City Attorney's Office 9 It was moved by rums and seconded by Dobyns 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 \masters\awrdcon.doc Publish 9/11 ADVERTISEMENT FOR BIDS GROUNDWATER UNDERDRAIN LIFT STATION CONSTRUCTION AT THE IOWA CITY LANDFILL AND RECYCLING CENTER Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 25th day of September, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 2nd day of October. 2012, or at a special meeting called for that purpose. The Project will involve the following: Groundwater Underdrain Lift Station Construction at the Iowa City Landfill and Recycling Center. All work is to be done in strict compliance with the plans and specifications prepared by HR Green, Inc., 8710 Earhart Lane S.W., P.O. Box 9009, Cedar Rapids, IA 52409 -9009, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Completion Date: November 30, 2012. Liquidated Damages: 500 /da . The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of HR Green. Inc., 8710 Earhart Lane S.W., P.O. Box 9009, Cedar Rapids, IA 52409- 9009, by bona fide bidders. A pre -bid conference will be held at 9:00 a.m. on September 18, 2012 at the landfill site. Attendance at the pre -bid conference is encouraged but not required. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242 -4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK 3iii■r Prepared by: Melissa Clow, Public Works Department, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5413_ RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE AYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CO TRUCTION OF THE IOWA CITY PUBLIC WORKS FUEL FACILITY PROJECT/e-ned WHEREAS, of a submitted the lowest responsible bid of $_ for construction of troject; and WHEREAS, funds for this proj\ae ilable in tFacility Site Work account # 3956 and the Public Works Fuecount # 3NOW, THEREFORE, BE IT BY TH OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the of the ject is hereby awarded to adequate performance and payment o program statements. 2. The Mayor is hereby authorized si n construction of the above -named projec adequate performance and pay nt bond, program statements. 3. The Public Works Director i authorized to necessary in the constructi of the above -r Passed and approved this 0/ day of ATTEST: , subject to the condition that awardee secure insurance certificates, and contract compliance and the City Clerk to attest the contract for subject to the condition that awardee secure insurance certificates, and contract compliance MAYOR to change orders as they may become project. CITY CLERK It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: pwenglmasters\awrdcon. doc 20 by City A orney's Office the Resolution be ABSENT: mpion Mims Payne Throgmorton NOTICE TO BIDDERS IOWA CITY PUBLIC WORKS FUEL FACILITY PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3 P.M. on the 27th day of September, 2012. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine or email shall not be deemed a "sealed bid" for purposes of this Project. Proposals received after this deadline will be returned to the bidder unopened. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 2nd day of October, 2012. The Project will involve the following: New construction of a fuel facility at the new public works site located on South Gilbert Street between Napoleon Lane and McCollister Blvd. The new Fuel Facility consists three (3) fuel islands (each with two (2) pumps, four (4) nozzles and a fuel key pedestal), a canopy, security cameras, underground storage tanks, and a precast concrete building or an alternate bid for masonry with a warm storage room, restroom facilities and an alternate bid for a bulk water station. The package includes sitework, utility extension, general building construction and mechanical, electrical and special plumbing /piping systems. All work is to be done in strict compliance with the plans and specifications prepared by Kueny Architects, L.L.C., of Pleasant Prairie, Wisconsin, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100 %) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Construction Start Date: October 8, 2012 Specified End Date: July 14, 2013 (Buildings and Sitework) Liquidated Damages: $500 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the City of Iowa City, Engineering Division, 410 E. Washington Street, 3`d Floor, Iowa City, IA 52240 by bona fide bidders. A $40 refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of cash or check, made payable to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Inspections and Appeals at (515) 281 -5796 and the Iowa Department of Transportation Contracts Office at (515) 239 -1422. The lowest apparent bidder shall provide a list of the names of persons, firms, companies or other parties with whom the bidder intends to subcontract within 24 hours of the bid opening. This list shall include the proposed subcontrac- tors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK CITY OF IOWA CITY 3 dn3 ' M EMORAND UM DATE: September 21, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Rochester Avenue Bridge Property Acquisition Authorization Introduction: This project will construct a new bridge over Ralston Creek on Rochester Avenue. Additional sidewalk, stream bank stabilization, storm sewer and water main improvements will be made as necessary within the project area from the east side of the new bridge to 7th Avenue. This project is included in the capital program and permanent and temporary construction easements are required. History /Background: The existing Rochester Avenue Bridge, located between Montrose Avenue and Parsons Avenue, is a 40' x 24' I -beam bridge built in 1934 with a 5' sidewalk located on the south side. There is an aged wood truss pedestrian bridge that accommodates pedestrian traffic on the north side. Currently, the bridge is listed as Structurally Deficient and the bridge deck, in poor condition, is rapidly reaching the end of its useful life. In 2010, the bridge was posted for a 20 ton weight limit and speed / gear shifting restrictions were placed on City fire trucks and buses. Currently, the south sidewalk between the bridge and 7th Street is not contiguous and water main breaks in this area occur frequently. Significant stream bank erosion can be observed downstream of the bridge. Discussion of Solution: The Rochester Avenue Bridge project will replace the existing two lane bridge with a new bridge to carry two lanes of traffic, widened to match the existing street width, and sidewalks on both the north and south sides. The new bridge will be designed to meet local and state guidelines for traffic and pedestrians, and bridge aesthetics will be improved to enhance the neighborhood and views of the creek. New water main will be installed and the sidewalk will be extended from the west side of the bridge to 7th Avenue as part of this project. The plans include much needed stabilization in these areas and a hydraulic analysis of the creek has been completed to aid in the design. The project requires 20,987 SF (0.482 Ac) of temporary construction easements and 2,469 SF (0.057 Ac) of permanent storm water and drainage easements from 12 property owners. Financial Impact: The total cost of property acquisition for this project is $21,065. Recommendation: Staff requests authorization for property acquisition. r� d(3) Prepared by: Melissa Clow, Public Works Department, 410 E. Washington St., Iowa City, IA 52240 319 - 356 -5413 RESOLUTION NO. 12 -428 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY FOR CONSTRUCTION OF THE ROCHESTER AVENUE BRIDGE REPLACEMENT PROJECT. WHEREAS, the City of Iowa City desires to construct the Rochester Avenue Bridge Replacement Project ( "Project ") which includes demolition and reconstruction of the existing bridge and necessary improvements to water main and sidewalk; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary to construct, operate and maintain the proposed project; and WHEREAS, the City staff has determined the location of the proposed Project; and WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to the City; and WHEREAS, funds for this project are available in the Rochester Avenue Bridge account # 3919. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire property rights by warranty deed, quit -claim deed, and /or easement for the construction of the Rochester Avenue Bridge Replacement Project ( "Project ") which Project constitutes a public improvement under Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of property rights by warranty deed, quit -claim deed and /or easement for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign purchase agreements for the purchase of property and /or easements, and offers to purchase property and /or easements. 3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and directed to establish, on behalf of City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. 4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Resolution No. 2 -428 Page 2 Passed and approved this 2nd day of ATTEST: CI LERK October 20 12 MAYOR It was moved by Mims and seconded by adopted, and upon roll call there were: AYES: NAYS: — x x x X X _ —x x pwengUnasterslacqu1 reprop. doc Approved by City Attorney's Office nobyns the Resolution be ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -429 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2204 NEVADA AVENUE, 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 October 9, 2009, recorded on October 15, 2009, in Book 4516, Page 194 through Page 199, in the Johnson County Recorder's Office covering the following described real estate: Lot 20, Block 12, Fair Meadows Addition Fourth Unit, Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, MidWestOne Bank has refinanced a mortgage to the owner of the property located at 2204 Nevada Avenue and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, the purpose of the refinancing is, solely to obtain a lower interest rate, and MidWestOne Bank will be providing no additional funds to the owner; and WHEREAS, MidWestOne Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; and WHEREAS, the subordination will not change the City's current position, that is it will remain is second position and inferior to the owner's primary lender. 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 subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa City, Iowa. Passed and approved this 2nd day of October , 20_2— MAYOR ATTEST: CITY KERK Approved by �- tS-- /4" City Attorney's Office -1 3� Resolution No. Page 2 12 -429 It was moved by Mims and seconded by nobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -- 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 MidWestOne Bank, Iowa City. Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $25.859.34, and was executed by Deanna Sue Miller (herein the Owner), dated October 9. 2009, recorded October 15, 2009, in Book 4516, Page 194 through Page 199, Johnson County Recorder's Office, covering the following described real property: Lot 20, Block 12, Fair Meadows Addition Fourth Unit, Iowa City, Iowa, according to the recorded plat thereof. WHEREAS, the Financial Institution has loaned the sum of $60.700 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 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 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 of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this a N° day of (7cro8E2 , 20 la CITY OF IOWA CITY Mayor Attest: WAD ' . X U10i L-M M CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION On this a ND day of QcTo_girt , 20 is , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared J 7 gawe-4 and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did s2 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. la- passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the .7 'iQ day of Qcrag&-x-- , 20/,q , and that Mr-ftAtw J_ Ao.Ve K and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT _ Commission Number 159791 Se4u Firb o MyCommis ��/ Expires 3 Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day �_• y of �e,b1�!YI l , 20 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared l- • Ne-f u , to me personally known, who being by me duly sworn, did say that he /she is the %iC� �f+ -Zi d v-,�1 / of I' II d [j&cf no &A N� that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said &AUJ, NXIe4ei acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. 4WV Notary Public in and for the State of Iowa I _* My Commission Expires My Commission expires: 1 ^11— W ipWp 1-11-10 AQ'R1AG s, D DANIEL POSSEHL Z � C Commission Number 766236 I "t+9 3d(5) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -430 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 2641 GABLE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Forgivable Mortgage, executed by the owner of the property on November 5, 2009, recorded on November 12, 2009, in Book 4526, Page 142 through Page 147, in the Johnson County Recorder's Office covering the following described real estate: Lot 10, General Quarters - Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa. WHEREAS, MidWestOne Bank has financed a mortgage to the owner of the property located at 2641 Gable Street and is securing the loan with a mortgage covering the real estate described above; and WHEREAS, MidWestOne Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; and WHEREAS, there is sufficient value in the above - described real estate to secure the City position. 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 subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa City, Iowa. Passed and approved this 2nd day of October , 20 12 �- Approved by City Attorney's Office Resolution No. 12 -430 Page 2 It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _may_ 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 MidWestOne Bank, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Forgivable Mortgage which at this time is in the amount of $32,382, and was executed by Darrel P. Kirby (herein the Owner), dated November 5, 2009, recorded November 12, 2009, in Book 4526, Page 142 through Page 147, Johnson County Recorder's Office, covering the following described real property: Lot 10, General Quarters — Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $25,000 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 Forgivable Mortgage 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 Forgivable Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Forgivable Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this a ND day of bc-tosER- , 20 Ja CITY OF IOWA CITY By Mayor Attest: City CI Tk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION B Y 00 ND On this a ' day of Qc- j- nB>`rz , 20 /a , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared cw 14aW*-K and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did sa 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. /.? -- 4t3a passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the a AO day of Oc nat3E-ta- , 20_jgL_, and that era a ( and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. o E DRAE FORT on Number 159791 mission Expires 4704 Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 20th day of September , 2012 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Patrick J Sullivan , to me personally known, who being by me duly sworn, did say that he /she is the Vice President, Consumer Loan Manager of MidWestOne Bank that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said Patrick J Sullivan acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him /her voluntarily executed. NotawAblic ip-0—d1of the State of Iowa My ComrhLs§ion expir : 08/05/2013 s JOHN SCHICKEDANZ A?VLIAt o y Commission Number 764101 /oWP My qommission Expires I NotawAblic ip-0—d1of the State of Iowa My ComrhLs§ion expir : 08/05/2013 Illlllliilillllillllllllllllliillllilllllltlllllllllillllllllllllllllilillilllll ; GEN ;Doc ID: 021676150006 Type: Kind. MORTGAGE FeeoAmt� $34 /00 /Paae itofZ649:43 PM Johnson Countv Iowa Kim Painter Countv Recorder BK4526P442 -147 Prepared by and return to: Tracy Hightshoe, City of Iowa City, 410 E. Washington St. Iowa City, Iowa Mortgagor/Taxpayer: Darrel P. Kirby, 2641 Gable Street, Iowa City, IA Mortgagee: City of Iowa City, 410 E. Washington St., Iowa City, IA 52240 Legal Description: See page 1. FORGIVABLE MORTGAGE FROM Darrel P. Kirby TO CITY OF IOWA CITY November 5, 2009 Notice: This Mortgage secures a loan in the amount of $53,970. This Loan is senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens, unless the Lender enters into a written subordination agreement. 4834 - 0089 - 6259 \4 \419462 \00017 11/2/2009 SINGLE FAMILY NEW CONSTRUCTION UNIT PRODUCTION PROGRAM HOMEBUYER ASSISTANCE FORGIVABLE MORTGAGE Notice: This Forgivable Mortgage ( "Mortgage ") secures a loan ( "Loan ") in the amount of $53,970 ( "Original Loan Amount "). This Loan is senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens, unless the Lender enters into a written subordination agreement. Grant of Mortgage. For valuable consideration, Darrel P. Kirby, a single person, (singularly, "Grantor and collectively, "Grantors "') hereby grant[s], mortgage[s] and convey[s] to City of Iowa City, a municipal corporation ( "Lender) a security interest in all of Grantor['s] right, title, and interest in and to the following described real property ( "Mortgaged Property') located in the County of Johnson: Lot 10, General Quarters - Part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa. The Mortgaged Property or its address is commonly known as 2641 Gable Street, Iowa City, Iowa. The security interest in the Mortgaged Property includes all existing or subsequently erected or affixed buildings, improvements, and fixtures. This Mortgage is given to secure the Grantor['s] performance of any and all obligations under the Forgivable Loan Promissory Note ( "Note ") executed by the Grantor[s] on this date and payable to the Lender. Performance. Except as otherwise provided in this Mortgage or the Note, the Grantor[s] shall strictly perform all of Grantor['s] obligations under this Mortgage and the Note. Terms and Conditions 1. Affordability Period. The Grantor[s] shall comply with the terms of the Note and this Mortgage for a term of five (5) years from the date of execution of this Mortgage ( "Affordability Period'). The Loan shall be forgiven in the amount of 1 /5th of the Original Loan Amount on each anniversary of the date the Grantor[s] executed this Mortgage for each year during the Affordability Period. 2. Principal Residence Requirement: Notice of Sale and Recapture The Grantor[s] shall own and occupy the Mortgaged Property as the Grantor['s] principal residence. The Grantor[s] shall notify the Lender if any Grantor sells, rents, or otherwise transfers any legal or equitable interest in the Mortgaged Property, whether voluntarily or involuntarily, or if any Grantor vacates or abandons the Mortgaged Property prior to the termination of the Affordability Period. If, during the Affordability Period, the Grantor[s] sell[s], rent[s], or otherwise transfer[s] any legal or equitable interest in the Mortgaged Property, whether voluntarily or involuntarily, or vacate[s] or abandon[s] the Mortgaged Property during the Affordability Period, the Grantor[s] shall pay immediately the Lender the un- forgiven principal amount of the Loan. 3. [This paragraph is purposely left blank.] 4. Refinance. The Grantor[s] shall grant no more than one additional mortgage on the Mortgaged Property (a "Principal Mortgage ") that is senior in priority to this Mortgage. If the Grantors] refinance[s] both the first lien and this mortgage during the Affordability Period, the Grantor[s] shall pay the Lender the entire un- forgiven principal amount of the Loan. 5. Duty to Maintain. Grantor[s] shall maintain the Mortgaged Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value and shall not cause or suffer waste on or to the Mortgaged Property. 6. Taxes and Liens. Grantor[s] shall pay all taxes and special assessments before the taxes or special assessments become delinquent. Grantor[s] shall maintain the Mortgaged Property free of any liens having priority over the interest of the Lender, except as specifically agreed to in writing by the Lender. 7. Insurance. Grantor[s] shall keep in force homeowners insurance with a standard mortgagee clause in favor of the Lender covering all improvements on the Mortgaged Property against loss by fire, tornado and other hazards in an amount not less than the total combined mortgages and liens on the Mortgaged Property. Grantor[s] shall provide proof of insurance and appropriate riders to the Lender and shall pay all premiums on the insurance when due. 8. Lender's Expenses. If the Grantor[s] fail[s] to (a) pay all taxes, (b) maintain required insurance coverage on the Mortgaged Property, or (c) maintain the Mortgaged Property in good condition, the Lender may do so, at the Lender's sole discretion. The Grantor[s] shall be obligated to repay all expenses incurred or paid by Lender for such purposes. The rights provided in this paragraph shall be in addition to any other rights or any remedies to which the Lender may be entitled as a result of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. 9. Default Events. At Lender's option, Grantor[s] will be in default under this Mortgage if any of the following happens: a. The Grantor[s] fail[s] to occupy the Mortgaged Property as Grantor['s] principal residence for a period of two consecutive months. b. The Grantor[s] sell[s], rent[s], or otherwise transfer[s] any legal or equitable interest in the Mortgaged Property, whether voluntarily or involuntarily. c. The Grantor[s] fail[s] to pay all taxes when due, to pay the insurance when due, or to maintain the property in good condition as required herein. d. The Grantor[s] breaches the Note executed on even date herewith. 10. Acceleration of Maturity and Receivership. If [any of ]the Grantors defaults on this Mortgage and /or the Note, the Lender may declare the Grantor in default and the entire un- forgiven amount of the Loan plus any payments made by the Lender for taxes, assessments, insurance premiums, or repairs shall become due and owing and the entire amount shall be collectable by foreclosure or otherwise. At any time after the commencement of any action in foreclosure, or during the period of redemption, and upon the request of the Lender, the court shall appoint a receiver to take immediate possession of the Mortgaged Property. 11. Non - judicial Foreclosure. Lender may exercise the right to non judicial foreclosure pursuant to Iowa Code section 654.18 and Chapter 655A as currently enacted or hereafter modified, amended or replaced. 12. Attorneys Fees. If Lender institutes any suit to enforce this Mortgage and the Note and to foreclose on the Mortgage, the Grantor[s] shall pay all costs of the action, including reasonable attorneys' fees, court costs, and abstracting fees. 2 13. Shortened Redemption. It is agreed that if this Mortgage covers less than ten (10) acres of land, and in the event of foreclosure of this Mortgage and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statute of the State of Iowa shall be reduced to six (6) months provided the Lender, in such action files an election to waive any deficiency judgment against Grantor which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Grantor, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this Mortgage shall be reduced to sixty (60) days if all of the three following contingencies develop: (i) the Land is less than ten (10) acres in size; (ii) the court finds affirmatively that the Land has been abandoned by the owners and those persons personally liable under this Mortgage at the time of such foreclosure; and (3) the Lender files an election to waive any deficiency judgment against the Grantor or their successors in interest in such action. If the redemption period is so reduced, the Grantor or the Grantor's successors in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of the Grantor shall be a presumption that the property has not been abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 28 of the Iowa Code. 14. Forbearance not a Waiver. Rights and Remedies Cumulative. No delay by the Lender in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the exercise of such right or remedy, and no waiver by the Lender of any particular provisions of this Mortgage shall be deemed effective unless in writing signed by the Lender. All such rights and remedies provided for herein or which the Lender may have otherwise, at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. 15. Governing Law. This Mortgage and the Note shall be construed in accordance with the laws of the State of Iowa. 16. Warranty of Title. The Grantor[s] warrants] that Grantor[s] hold[s] good and marketable title of record to the Mortgaged Property in fee simple, clear of all liens and encumbrances other than MidWestOne Bank for $125,930. 17. Eminent Domain. If the Mortgaged Property is subject to eminent domain proceedings, the transfer shall constitute a sale of the Mortgaged Property and the proceeds shall be subject to the recapture provisions as provided in Section 2 hereof. 18. Severabilitv. If any portion of this Mortgage shall, for any reason, be held to be invalid, illegal or unenforceable in whole or in part, the remaining provisions shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court finds that any provision of this Mortgage is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable then such provision shall be deemed to be written, construed and enforced as so limited. 19. Notices. Any notice provided for under this Mortgage shall be given in writing by registered or certified mail, by receipted hand delivery, or by courier and addressed to the Grantor[s] at the commonly known street address of the Mortgaged Property listed on page 1. Notice shall be effective at the earliest of (a) the time it is actually received, (b) within one day if it is delivered using an overnight courier service, or (c) within five days after it is deposited in the U.S. mail if it is delivered using registered or certified mail. 20. Successors and Assigns. Subject to any limitations stated in this Mortgage, this Mortgage shall be binding on and inure to the benefit of the parties' successors and assigns. 21. Time is of the Essence. Time is of the essence in the performance of this Mortgage and the Note. 22. Release of Rights of Dower. Homestead and Distributive Share. [Each of] the undersigned Grantor[s] hereby relinquishes all rights of dower, homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. If a Grantor is not an owner of the Property, that Grantor executes this Mortgage for the sole purpose of relinquishing and waiving such rights. 23. Impact on Real Property. All of the terms and conditions herein shall run with and encumber the Mortgaged Property and the improvements thereon, and be binding upon the Grantor[s] and the Grantor['s] successors and /or assigns during the Affordability Period. The lien of this Mortgage upon the Mortgaged Property shall automatically terminate at the end of the Affordability Period. EACH GRANTOR ACKNOWLEDGES HAVING READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH AGREES TO ITS TERMS. GRANTOR ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS MORTGAGE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. Darrel P. Kirby, Individually INDIVIDUAL ACKNOWLEDGEMENT STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) This instrument was acknowledged before me this5�h day of , 2009, by Darrel P. Kirby. Seal Nota ublic 'n nd for the State of Iowa C mmissi Expires: I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP OUR RIGHT TO THIS PROTECTION 4 SCOTT SCHROEDER �PVdAt s i Commission Number 189383 * /owP My Commission Expires 3-Z -ZQL2— Nota ublic 'n nd for the State of Iowa C mmissi Expires: I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP OUR RIGHT TO THIS PROTECTION 4 FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. GRANTOR: r4j A �y Darrel P. Kir individually INDIVIDUAL ACKNOWLEDGEMENT STATE OF IOWA ) )SS COUNTY OF JOHNSON ) This instrument was acknowledged before me this 5 6 day of Alojpin 2009, by Darrel P. Kirby. Se I �pg1A� o * ,oWP SCOTT SCHROEDER Commission Number 189383 My Commission Expires 3- 26 -20I y Nota lubli and for the State of Iowa CokmissAt Expires: SINGLE FAMILY NEW CONSTRUCTION UNIT PRODUCTION PROGRAM HOMEBUYER ASSISTANCE FORGIVABLE LOAN PROMISSORY NOTE Borrower: Darrel P. Kirby, a single person Lender: City of Iowa City, a municipal corporation For the value received, I (We) (singularly "Borrower" and collectively, "Borrowers ") jointly and severally promise to pay to the City of Iowa City, a municipal corporation, its successors or assigns, the sum of $53,970 ( "Loan Amount"). Terms and Conditions: The Borrower[s] agree[s] that: 1. Affordability Period. The Borrower[s] shall comply with the terms of this Forgivable Loan Promissory Note for a term of five (5) years from the date of execution of this Forgivable Loan Promissory Note ( "Affordability Period'). The Loan shall be forgiven in the amount of 1 /5th of the Loan Amount on each anniversary of the date the Borrower[s] executed this Forgivable Loan Promissory Note for each year during the Affordability Period. 2. Principal Residence Requirement: Notice of Sale and Recapture. The Borrower[s] shall own and occupy the property located at 2641 Gable Street, Iowa City, Iowa ( "Mortgaged Property ") as the Borrower's principal residence. The Borrower[s] shall notify the Lender if any Borrower sells, rents, or otherwise transfers any legal or equitable interest in the Mortgaged Property, whether voluntarily or involuntarily, or if any Borrower vacates or abandons the Mortgaged Property prior to the termination of the Affordability Period. If, during the Affordability Period, any Borrower[s] sell[s], rent[s], or otherwise transfer[s] any legal or equitable interest in the Mortgaged Property, whether voluntarily or involuntarily, or vacates or abandons the Mortgaged Property during the Affordability Period, the Borrower[s] shall pay immediately the Lender the un- forgiven principal amount of the Loan. 3. Refinance. If the Borrower[s] refinance[s] the first lien on the Mortgaged Property during the Affordability Period, the Lender may, in its sole discretion, agree to sign a subordination agreement subordinating the mortgage securing this debt to the new mortgage. If the Borrower[s] refinance[s] both the first lien and this Loan during the Affordability Period, the Borrower[s] shall pay the Lender the entire un- forgiven principal amount of the Loan. 4. Collateral and Mortgage. Borrower[s] acknowledge[s] this Forgivable Loan Promissory Note is secured by a Forgivable Mortgage executed on even date herewith (the "Mortgage "). Borrower[s] further agree[s] to be bound by the terms and conditions of the Mortgage and agrees that the terms and conditions of the Mortgage are incorporated into this Forgivable Loan Promissory Note as fully set forth herein. BEFORE SIGNING THIS FORGIVABLE LOAN PROMISSORY NOTE, I (WE) READ AND UNDERSTOOD ALL THE PROVISIONS AND I (WE) AGREE TO THE TERMS OF THIS FORGIVABLE LOAN PROMISSORY NOTE. I (WE) ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS FORGIVABLE LOAN PROMISSORY NOTE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORR WER: uarrel P. Kirby DATE =�d(�6) Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356 -5246 RESOLUTION NO. 12 -431 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST, HILLS, IOWA FOR PROPERTY LOCATED AT 720, 724, 728 & 732 FOSTER ROAD AND 701, 705,709 & 713 ARCH ROCK ROAD, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owner of the property, The Housing Fellowship, on April 19, 2011, recorded on April 20, 2011, in Book 4742, Page 278 through Page 282, in the Johnson County Recorder's Office covering the following described real estate: Units 720, 724, 728, 732 to be constructed on Lot 3 and Units 701, 705, 709, 713 to be constructed on Lot 6, all of Mackinaw Village Townhomes Part 1 B, created by amendment to declaration recorded in Book 4558, Page 191, Records of Johnson County Recorder, which amendment modifies the original Declaration which was recorded in Book 3978, Page 753. Lots 3 and 6 referred to above are in Mackinaw Village, part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48, Page 106, Plat Records of Johnson County, Iowa. WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of Hills Bank and Trust, secured by the mortgage in order to induce Hills Bank and Trust to secure first position on such a loan; and WHEREAS, Hills Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Hills Bank and Trust; and WHEREAS, there is sufficient value in the above - described real estate to secure the City's position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Hills Bank and Trust, Hills, Iowa. Resolution No. Page 2 12 -431 Passed and approved this 2nd day of October , 20_]L2_ MAYOR Approved by ATTEST: CITY ItLERK City Attorney's Office It was moved by Mims and seconded by Dobyns the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns _ Hayek Mims x Payne x Throgmorton SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust. Hills, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of certain Mortgage which at this time is in the amount of $191.671, and was executed by The Housing Fellowship (herein the Owner), dated April 19, 2011, recorded April 20. 2011, in Book 4742, Page 278 through Page 282, Johnson County Recorder's Office, covering the following described real property: Units 720, 724, 728, 732 to be constructed on Lot 3 and Units 701, 705, 709, 713 to be constructed on Lot 6, all of Mackinaw Village Townhomes Part 1B, created by amendment to declaration recorded in Book 4558, Page 191, Records of Johnson County Recorder, which amendment modifies the original Declaration which was recorded in Book 3978, Page 753. Lots 3 and 6 referred to above are in Mackinaw Village, part One, Iowa City, Iowa, according to the plat thereof recorded in Book 48, Page 106, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $1,596.911.20 on a promissory note to be executed by the Financial Institution, securing a mortgage, dated April 20, 2012, recorded April 24, 2012, in Book 4897, Page 708 through Page 721, Johnson County Recorder's Office, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage 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: Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this a 1A day of OCraBEjz , 20 1A . CITY OF IOWA CITY By A Mayor Attest: City C � CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) FINANCIAL INSTITUTION By Je gj;,_ J (OX Benson, Senior Vice President, Director of Legal & Credit Administration On this . do day of , 20 /a- , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ma-Ohew J. (- IL,�.t{ and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say ffiat they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. 14-431 passed (the Resolution adopted) by the City Council, under Roll Call No. r-- of the City Council on the a 10 day of Orma a.2 , 20 /a- , and that w , 4Aet$*,,.-K and Marian K. Karr acknowledged the execution of the instrument to be their volunt ry act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Er SONDRAE FOCommission Number 159791 My Com m0'n F�cpires r Notary Public in and for the State of Iowa LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this --2-5 +"— day of September, 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared John Benson, to me personally known, who being by me duly sworn, did say that he is the Senior Vice President, Director of Legal & Credit Administration of Hills Bank & Trust Company, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said John Benson acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. ayw y4�g Notary Public in and for the State of Iowa My Commission expires:! .r RMEE HARNED i Cormnhm x Number 728012 My ission SUN 145 3d(7) Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 12 -432 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS EASEMENT AGREEMENT WITH NEAL LLEWELLYN AND HILLS BANK AND TRUST FOR A PORTION OF LAND LOCATED ON NORTH DODGE STREET NORTH OF 1 -80, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the City desires to access certain property owned by Neal Llewellyn and Hills Bank and Trust Co, as Trustee for the Otologic Medical Services Trust (collectively "Owners ") located at north of the 1 -80 and North Dodge Street interchange for the purpose of performing certain surveys and studies for the construction of a road across said property; and WHEREAS, Owners have agreed to grant access to their property for such limited purposes; and WHEREAS, Staff finds it in the public interest to enter in to said temporary access easement with the Owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Acceptance of the above - referenced easement is hereby approved and authorized. 2. The City Manager is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, including a temporary access easement agreement. Passed and approved this 2nd day of October _,2012. i �� MAYOR Approved by r ATTEST: & CITY LERK City Attorney's Office // Resolution No. 12 -432 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: AYES: x x x x X x x NAYS: Dobyns the ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton 3d(8) NNNE�I Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 12 -433 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS EASEMENT AGREEMENT WITH NCS PEARSON, INC. FOR A PORTION OF 2510 NORTH DODGE, IOWA CITY, JOHNSON COUNTY, IOWA. WHEREAS, the City desires to access certain property owned by NCS Pearson, Inc. (Owner) located at 2510 North Dodge, Iowa City, for the purpose of performing certain surveys and studies for the construction of a road across said property; and WHEREAS, Owner has agreed to grant access to its property for such limited purposes; and WHEREAS, Staff finds it in the public interest to enter in to said temporary access easement with the Owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Acceptance of the above - referenced easement is hereby approved and authorized. 2. The City Manager is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the acceptance of said dedication, including a temporary access easement agreement Passed and approved this 2nd day of October , 2012. !� 4 MAYOR Approved by ATTEST: "L ✓�L c2-ni r17 CITYttERK City Attorney's Office Resolution No. 12 -433 Page 2 It was moved by Mims . and seconded by Dobyns the Resolution be adopted, and upon roll call there were: DI =O IOW x Champion x Dickens x Dobyns __ Hayek x Mims x Payne x Throgmorton -10-02-12 6 Prepared by: Jason Havel, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5410 RESOLUTION NO. 12 -434 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LOWER MUSCATINE ROAD RECONSTRUCTION PROJECT (KIRKWOOD AVE. TO 1ST AVE.) [STP -U- 3715(654)-- 70 -52], ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, this project will be bid by the Iowa Department of Transportation (IaDOT); and WHEREAS, bids will be accepted on October 16, 2012 at 10:00 a.m. by the IaDOT in Ames, IA; and WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above -named project was published as required by law, and the hearing thereon held; and WHEREAS, funds for this project are available in the Lower Muscatine — Kirkwood to First Avenue account #3803. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The plans, specifications, form of contract and estimate of cost for the above -named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above - named project shall be in the form and amount prescribed in the bidding proposal. 3. The City Clerk is hereby authorized and directed to publish notice, not less than 4 and not more than 45 days before the date for filing the bids, for the receipt of bids by the IaDOT for the construction of the above -named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Sealed bids for the above -named project are to be received by the IaDOT in Ames, Iowa (800 Lincoln Way, Ames, IA 50010) before 10:00 a.m. on the 16th day of October, 2012. Thereafter the bids will be opened and announced by the IaDOT, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 13th day of November, 2012, or at a special meeting called for that purpose. Passed and approved this 2nd day of October -120 12 n MAYOR Approved by Resolution No. 12 -434 Page 2 ATTEST: 2kL-e-� /K 2i6�!J� CITYIGLERK pweng\mastersVes appp &s.doc 9/12 City Attorney's Office, �ay�� Resolution No. 12 -434 Page 3 It was moved by Dobyns and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x x x x -x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton r CITY OF IOWA CITY -7_ MEMORANDUM Date: August 15, 2012 To: Tom Markus, City Manager From: Rick Fosse, Public Works Director _Wsr:�o RE: Sidewalk Cafe Code Revisions -Cafes in the Street Introduction The October 2, 2012 agenda contains a resolution adopting a Sidewalk Cafe Policy that allows for cafes in the street. History /Background There has been considerable discussion regarding the content and parameters of the Sidewalk Cafe Policy. At the September 4, 2012 meeting, Council passed a resolution that adopted a Sidewalk Cafe Policy that excluded cafes in the street pending further discussion. At the September 18, 2012 work session, staff received the direction necessary to prepare a revised policy to allow for cafes in the street. Discussion of Solution The proposed policy reflects the Council's direction regarding competing applications, extent of cafes as they relate to the property line extended, consent of neighboring properties and priority. Financial Impact The financial impact of this change will be revenue neutral. There are no proposed changes in fees at this time. However, we expect that new fees will be proposed during the budget process and the fees changed for use of parking spaces will be subject to future changes in parking rates. Recommendation Staff recommends approval of the resolution. Mfg Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356 -5030 RESOLUTION NO. 12 -435 RESOLUTION ADOPTING A POLICY FOR USE OF PUBLIC RIGHT - OF -WAY FOR SIDEWALK CAFES AND RESCINDING RESOLUTION NO. 12 -414. WHEREAS, sidewalk cafes are a use of the public right of way in the C132, C65, and CB 10 zones; WHEREAS, in Resolution No. 12 -414, City Council adopted a policy for sidewalk cafes that did not provide for cafes to be located on the street; and WHEREAS, the City should adopt a policy that allows cafes to be located on the street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The attached "Sidewalk Cafe Policy" is adopted. 2. Resolution No. 12 -414 is rescinded in its entirety. Passed and approved this 2nd day of October , 2012. ATTEST: l,, CITY "'CLERK Il- e� Approved by: c; (j, City Attorney's Office s Resolution No. L2_4 35 Page 2 It was moved by Mims and seconded by Payne the Resolution be adopted, and upon roll call there were: AYES: x x x -x x x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton SIDEWALK CAFE POLICY (adopted Res. No. 12 -435 In addition to the policy set forth below, sidewalk cafes are governed by Section 10 -3 -3 of the City Code, which is set forth below at the end of the policy. Location 1. Sidewalk cafes may be located in the public right of way only in the CB -2, CB -5 and CB- 10 zones (the downtown and the commercial areas directly north and south of the downtown). 2. In City Plaza (a /k/a, the ped mall), cafes may be located in either zone 1 or zone 2 if in conjunction with zone 1. Zone 1 is the area within ten feet (10') of the buildings. Zone 3 is the emergency /service lane through the middle of City Plaza. Zone 2 is the remaining area. For the specific definitions of the zones in City Plaza, see Section 10 -5 -1 of the City Code. Usable Sidewalk Cafe Area 1. In the CB -10 zone with the exception of City Plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed walkway on the side of the cafe that is parallel to the building. The eight -foot (8') unobstructed walkway does not apply to cafes located on the street. 2. In City Plaza, there must be a minimum of eight feet (8') of unobstructed walkway between the side of the cafe that is parallel to the building and any public elevated planter. If a sidewalk cafe extends into zone 2, there must be a straight, unobstructed walkway, which is at least five feet (6) wide, through the cafe in zone 1. Said walkway shall be included within the sidewalk cafe area and as such, shall be under the control of the establishment and subject to the annual fee. The walkway must be delineated in such a manner that the entire cafe abuts the building. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe entirely in zone 1 such that said walkway would end at the abutting cafe, the cafe owner must relocate the cafe to zone 1 within thirty (30) days of written notice from the City. 3. In the CB -2 and CB -5 zones, the minimum of eight feet (8') of unobstructed sidewalk is not required if the existing sidewalk is less than eight feet (8') in width. If the sidewalk is less than eight feet (8') in width, a sidewalk cafe may not extend into or encompass in any manner the existing sidewalk and may not impede pedestrian traffic. 4. A sidewalk cafe area may not be located in street corner areas defined by building lines extended to the street and no closer than ten feet (10') from an alley. However, a cafe may be located between two feet (2') and ten feet (10') from an alley if the fencing located within ten feet (10') is a type that is less than twenty percent (20 %) solid. 5. A sidewalk cafe may not extend beyond the building line extended, except for those in a planter. 6. A sidewalk cafe serving alcohol shall be contiguous with a side of the building wherein the establishment is located. For cafes in planters and the street, the contiguous requirement may be satisfied by an overhead canopy at least five feet (6) wide connecting the building to the cafe. The design of the canopy shall be approved by the City. The area underneath the canopy shall be under the control of the establishment and is subject to the annual fee. 7. A cafe on the sidewalk that does not abut the building must be located a maximum of three feet (3') from the curb as determined by the City. Operation of Sidewalk Cafes 1. Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment on chairs, tables, umbrellas or other amenities, as approved by the City. 2. No blockage of building entrances or exits is permitted in a sidewalk cafe area. 3. Additional restroom capacity may be required to comply with local building and housing codes. 4. Occupancy limits are determined as set forth in the City building code. 5. No-additional parking is required for the operation of a sidewalk cafe. 6. Sidewalk cafes are subject to annual inspections and may be inspected at any other time at the City's discretion. 7. The sidewalk cafe owner is responsible for trash removal and shall maintain the area and surrounding five feet (6) in a clean and litter free manner during all hours of operation. 8. All sidewalk cafes must meet the accessibility standards of City, State, and federal law. Easement Agreement 1. The agreement shall be between the City and the cafe owner with the approval of the building owner, if different than the cafe owner. 2. The agreement shall provide that no property right is conferred and that it may be terminated if the City determines that the right of way is needed. 3. The agreement shall include provisions for insurance, indemnification, fencing, maintenance, including vegetation and the subsurface if applicable, and any other reasonable provision as determined by the City Manager, or designee. 4. The agreement shall include a schematic diagram that shows that the cafe and platform, if applicable, comply with this policy and the City Code. Except for cafes on City Plaza, the design shall include all existing streetscape amenities and utility features (such as valves and manholes) within eight feet (8') of the proposed cafe. 5. Except for cafes located on the street, the agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31. 6. The agreement shall be recorded at the cafe owner's expense. Fencina (For Cafes Not on the Street 1. Except during the term of the initial easement agreement and from December 1 to February 28 thereafter, and with the exception of the entrances to the walkway required When a cafe extends into zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectable by pedestrians who are visually impaired. 2. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 3. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable and shall not block or obstruct emergency exits. If anchored fencing is not used, tables, chairs and other items shall be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to its normal condition as a pedestrianway. 4. The cafe owner shall be responsible for any damages to the public right of way caused by the placement of any anchored fencing. 5. Planters with flowers and /or other vegetation are allowed as an alternative to temporary and anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or City Plaza at the end of the day's operation along with the tables, chairs, and other items. b. The planters shall not be less than twenty seven inches (27 ") or more than thirty six inches (36 ") in height excluding plantings. c. The planters shall be either metal or have a metal frame. 6. Anchored fencing on a concrete platform may remain year round. Public Amenities and Utilities 1. Except as provided herein, a sidewalk cafe shall not utilize or encompass any public amenities, including, but not limited to, benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, and pergolas. The City Manager or designee may approve the utilization, encompassing, or relocation of a public amenity on the condition that the cafe owner pay all associated costs. 2. A sidewalk cafe may encompass trees, tree rings, light poles, water valves, manholes, and stormwater intakes but shall not interfere with their care, maintenance or operation. Access shall be available to the City for their care and maintenance. 3 3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for purposes of the requirements of the eight foot (8) unobstructed walkway. 4. The amenities used in the sidewalk cafe area shall be maintained in good condition. 5. Upon payment of the electricity fee, the cafe owner may use the City's electrical outlet but only for lights. Planters 1. A sidewalk cafe may encompass or utilize an elevated planter if the proposed cafe meets the following criteria, as determined solely by the City: a. It does not interfere with pedestrian movement. b. It does not adversely affect drainage. c. It does not adversely affect public or city utilities. d. It does not adversely affect trees, shrubs or other plantings. e. It enhances the appearance of the surrounding area, and if in City Plaza, it enhances the use of City Plaza. f. It does not interfere with the functionality of any other existing sidewalk cafe. g. It is not otherwise contrary to public interest. 2. If utilizing two planters, the area between the planters shall be included in the sidewalk cafe area but need not be delineated as such unless tables and chairs are present. 3. With the consent of the adjacent property owner and first floor tenants, if any, the cafe may extend beyond the building line extended if the distance between the planter and the building line extended is less than ten feet (10'). The cafe may extend beyond additional building lines extended with the consent of those property owners and first floor tenants, if any. 4. The cafe owner shall pay all costs associated with the cafe including, but not limited to, the cost to move water mains and water service lines, to remove and plant vegetation, to move electrical outlets, and to cut and restore the limestone. 5. The City may require the cafe owner to add plantings within the cafe area at the cafe owner's cost. 6. There are a limited number of planters, and cafes in planters will entail a substantial financial investment. In order to address these two opposing concerns, a priority system and a lottery will be used. If a cafe owner enters into an easement agreement with the City, said cafe owner will have priority over subsequent applicants for a cafe in the planter for the following two cafe seasons assuming that the City continues to authorize cafes in planters. Cafe owners need to obtain the consent of adjacent property owner(s) and first floor tenant(s) only before entering the easement agreement for the first of the three -year, priority period. The priority is to the individual business owner of said cafe and cannot be assigned or sold to another cafe owner. Cafe owners with easement agreements for the 2012 cafe season will not be subject to the lottery until February 1, 2015. The lottery for planters will be conducted in the same manner as the lottery for cafes in the street. 4 Platforms (For Cafes Not on the Street 1. Sidewalk cafes may be located on a platform on top of a public sidewalk if the City Manager or designee determines there is excessive slope in the sidewalk and approves the design and if suitable access is provided for persons with disabilities. 2. Sidewalk cafes may be located on a concrete platform in the right of way that is not a public sidewalk if the City Manager or designee approves the concrete design and if suitable access is provided for persons with disabilities. Fencing shall not be more than three feet (3') in height, measured from the plane on which the chair sits to the top of the railing, excluding finials. Cafes on the Street 1. An establishment cannot operate a cafe in the street if there is sufficient room on the sidewalk for a cafe with an area of at least one - hundred twenty square feet (120 sq. ft.). 2. There shall be a minimum four foot (4') buffer on either end of the cafe for safety reasons. These buffers shall be established and maintained by the City and may be used for moped parking and /or bicycle parking. The buffer is subject to the annual fee. As used in this policy, the term sidewalk cafe area does not include the 4 -foot buffer. 3. The sidewalk cafe area may not include the portion of the parking space beyond the building line extended. The 4 -foot buffer may be located beyond the building line extended. 4. Cafes, including the 4 -foot buffer, in each block face cannot utilize more than thirty percent (30 %) of the total parking spaces in that block face. 5. Cafes cannot be located in loading zones. 6. Cafes cannot be set up before April 1 and shall be removed no later than the Tuesday following the last University of Iowa home football game. Cafes may have to be removed temporarily at the cafe owner's sole expense to accommodate an event on the street permitted by the City (e.g., criterium). 7. The portion of the cafe located on the street shall be on a platform. The design features of the platform shall be submitted with the application. The platform shall not impede drainage in the street gutter. 8. The area for a sidewalk cafe shall be delineated by anchored fencing. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 9. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable. 10. Planters with flowers and /or other vegetation are allowed as an alternative to anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: 5 a. The planters shall be fastened to the platform. b. The planters shall not be less than twenty seven inches (27') or more than thirty - six inches (36 ") in height excluding plantings. C. The planters shall be either metal or have a metal frame. 11. The fee shall be a combination of the following four (4) fees: a) the annual square footage "right of way" fee for the portion of the cafe located on the sidewalk; b) the annual square footage "platform" fee for portion of the cafe located on the street and any portion that is be located on the sidewalk; c) the daily fee for each parking space regardless of the amount of the parking space that the cafe utilizes; and d) bollard fee. 12. There is no guarantee that the City will continue to authorize cafes in the street. The cafe agreement will include a paragraph in substantial compliance with the following: Cafe owner further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right -of -way, that the City is not empowered to grant permanent or perpetual use of its right -of -way for private purposes, that the City may order said locations and /or uses within the right -of -way to cease and desist if, for any reason, the City determines that said right -of -way is needed for a public use and should be cleared of any and all obstructions, and that the cafe owner shall not be entitled to any compensation should the City elect to do so. The "30% limitation" limits the number of establishments that will be allowed to operate a cafe on the street, and cafes on the street will entail a substantial financial investment. To address these opposing concerns, a priority system and a lottery will be used. The City will provide information on the lottery and the priority system on its website. Lottery. The logistics and deadlines for the lottery are as follows: • February 1. In order to be eligible for the lottery, an application with a preliminary (not drawn by a professional) schematic diagram must be submitted by this date. Applications received after February 1 will be considered on a first come, first serve basis and will be denied if there is no available space. • February 15. If there are competing applications, staff will notify the applicants by this date whether they have been selected to enter into easement agreements. Competing applications mean when there are applications for more than 30% of the parking spaces within a block face. The City will conduct a lottery to select applicants. • March 15. The applicant must sign an easement agreement by this date, which is dependent upon staff approval of its schematic diagram (drawn by a professional) and payment of all fees (except the parking space fee that will not be known until the platform is installed). If an applicant does not meet the March 15 deadline, staff will notify the next applicant that it is eligible for a cafe on the street. • April 15. The next applicant must sign an easement agreement by this date. Note: If one of these dates falls on a weekend, the applicable deadline will be the following Monday. Priority. If a cafe owner enters into an easement agreement with the City, said cafe owner will have priority over subsequent applicants for a cafe within the same block face for the following two calendar years assuming that the City continues to authorize cafes in the N. street (see Paragraph 12 above). The priority is to the individual business owner of said cafe and cannot be assigned or sold to another cafe owner. City Manager 1. The City Manager is authorized to approve any other provision or require any other restriction regarding the use of the public right of way by a sidewalk cafe that is not inconsistent with this policy or the City Code. Fees 1. Annual fee for sidewalk cafes located directly on the public right -of -way: $5.00 per square foot. 2. Annual fee for sidewalk cafes located on a structure /platform (including cement platform) placed on the public right -of -way: $10.00 per square foot. 3. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on .the public right -of -way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk cafe that is not located on the elevated planter: $5.00 per square foot. 4. Annual fee for a sidewalk cafe located on the street: $5.00 per square foot for the area located on the sidewalk plus $10.00 square foot for the area located on the platform on the street plus daily fee for each parking space as set forth in the City Code (presently, $12.00 per day) for every day the platform is on the street plus bollard fee. 5. Deposit for sidewalk cafes which place anchored fencing in the public right -of -way: $200.00. This deposit shall be refunded if the right -of -way, and planter if applicable, is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 6. Deposit for sidewalk cafes which place a structure /platform (including cement platform) on the public right -of -way, regardless of whether anchored fencing is used: $500.00. This deposit shall be refunded if the structure /platform is removed, and the right -of way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 7. Deposit for sidewalk cafes which utilize an elevated planter in the public right -of -way: $1,000.00. This deposit shall be refunded if the platform is removed, and the right -of -way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 8. If the initial easement agreement is for less than one season, the fees listed in Paragraphs 1 -4 above shall be prorated on a quarterly basis. 9. Electricity fee for using electrical outlet for lights for cafes in planters: $45 per year. 10. Bollard Fee: Actual cost of the bollards based on a five (5) year life cycle plus one (1) hour labor at the MWII pay grade to install, maintain, and remove the 4 -foot buffer. If the platform is removed temporarily during the year, the labor fee is assessed again when the platform is reinstalled. A minimum of two (2) bollards will be required, and the City shall determine if additional bollards are needed. 11. Recording fee for the easement agreement: Actual fee charged by County Recorder. Section 10 -3 -3 of the City Code A. Sidewalk cafes are permitted in the public right of way only in the CB -2, CB -5 and CB -10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk cafe without executing an easement agreement. C. Each sidewalk cafe applicant shall file an application for an easement agreement with the Public Works Department, on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is authorized to enter into a public right of way easement agreement. if the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and /or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the cafe operator to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H. Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol is consumed and shall dispense any alcoholic beverage under state and local law. J. Amplified sound equipment shall not be permitted. K. The operation of any sidewalk cafe shall be in conformity with all applicable federal, state, and local laws and regulations. M. All fees for the operation of a sidewalk cafe shall be set by resolution. N. The City Manager is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website. 9 M Keep Our Tax Dollars in Johnson County Vote 21 YES for the JUSTICE CENTER Safety • Security • Space Turn the Ballot Over on November 6 & VOTE YES to Build a justice Center attached to our historic Court House: A Bond Referendum will be on the November 6, 2012 ballot. Voters will be asked whether they support bonding $46.8 million to build a Justice Center that would be attached to the current historic courthouse. This Bond would add approximately $2.05 per month per $100,000 of assessed value to the property tax bill of the urban and rural residential home -owner over 20 years. Where will the Justice Center be built and what services will it include? The Justice Center would be located on land behind the current Courthouse. It would connect to the current historic Courthouse with a single secure, accessible entrance. The Justice Center would add additiona Courtrooms, and would house the Clerk of Court, the Sheriffs office, and include a 243 -bed jail facility Compelling Reasons to Support a YES VOTE: The Johnson County courthouse and jail are outmoded and inadequate to serve current needs. The Johnson County Courthouse opened in 1901 when the County's population was 24,000. Insecure conditions threaten the security of staff, visitors and the public at large. Space deficiencies hamper public safety and services. Our limited # of courtrooms and insufficient work and meeting areas contributes to a backlog of cases waiting to begin. The jail opened in 1981 with a capacity of 46 and was modified to house 9: inmates. Average daily census of jail inmates is between 160 -200. These inadequate jail facilities result in spending $1.3 million a year to house inmates outside of Johnson County. Conditions of overcrowding are unsafe for inmates and staff. The majority of inmates are persons awaiting trial for serious offenses and probation /parole violators. Paid for by Yes for Justice, Lynn E. Rowat, Treasurer www.jcjusticecenter.com E -mail jcjusticecenter @ gmail.com Keep Our Tax Dollars in Johnson County Vote R1 YES for the JUSTICE CENTER Safety e Security • Space Yes for Justice is a group of local concerned citizens supporting a sensible solution to the critical challenges facing our local justice system. Jean Lloyd -Jones Judy Atkins Kice Brown Tom Carsner Marian Coleman Martha Ann Crawford Rev. Orlando Dial Jill Dodds Bob Elliott Karin Franklin Don Gringer Barbara Haring Matt Hayek Kevin Kinney Ernie Lehman Shaner Magalhaes Larry Meister Cathy Pacha Patrick L. Moore, Jr. Michelle Payne Dottie Ray Don Saxton John Stratton Sally Stutsman Stephanie VanHousen Bob & Eunice Welsh James Yardley Please JOIN US! Phil Leff Russ Bailey Paul Burns Connie Champion Amy Correia George Dane Terry Dickens Sen. Bob Dvorsky Patti Fields Kent Fuller Mitch Gross Pat Harney Jim Hayes Lori Klockau John Lundell Jim McCarragher Roger Mills Larry Pacha Armond Pagliai Julie Pulkrabek Janelle Rettig Anna Moyers Stone Elizabeth Stratton Rod Sullivan Bruce Walker Larry T. Wilson Tom Yates Lynn E. Rowat John Balmer Crissy Canganelli Mike Cilek Susan Craig Gerene Denning Rick Dobyns Dorree Eckoff Brian Flaherty Patty Grabinski Joe Hanrahan David Hartwig Roy Justis Drew Lakin Janet Lyness Jeff McGinness Susan Mims Duke McGrath John Parcell Lonny Pulkrabek Dennis Roseman Jeff Stone Mike Streb William Sueppel Jim & Chris Walters Travis Weipert Frank & Gail Zlatnic PLEASE CHECK OUT OUR WEB -SITE for a complete list of organizations and individuals supporting a YES VOTE! Paid for by Yes for Justice, Lynn E. Rowat, Treasurer www.jcjusticecenter.com Vote YES on November 6 SAFETY •SECURITY•SPACE www.jcjusticecenter.com Yes for Justice ■A group of local concerned Johnson County residents supporting the November 6 bond referendum to build a new Justice Center Why a "Yes" Vote on November 6 ?? ■Insecure conditions threaten staff, visitors and public at large ■Inadequate jail facilities cost taxpayers $1.3M /year — paid to surrounding counties ■Better facilities mean improved services, safer community Isn't the Johnson County Jail relatively new? ■ Built in 1981 for inmate capacity of 46, modified to house 92 ■ Space shortage is critical; average daily census now 160 -200 ■ Jail facility is non - compliant with state space and safety requirements ■ Design deficiencies pose threats to visitors and employees What are the facts about our j ail population? ■Most inmates are individuals awaiting trial for serious offenses ■Taxpayers spend $1.3M /year transporting inmates to distant sites ■Inefficient & dangerous jail design requiring 1 staff person for every 2.3 inmates. Pry n t Y What services will be located in the new facility? • Five - level, 153,800 gross- square -feet with n courtrooms, judge's chambers, meeting space and court administration offices • Johnson County Clerk of Court ■ Johnson County Sheriff's Office plus housing for 243 inmates • Single entrance will integrate into existing Courthouse and provide entry screening procedures for all visitors • Inmates being escorted to court appearance will be separated from the public. What's the new facility going to cost? ■ Public bond issue not to exceed $46.8 million over 20 years ■Tax impact $24.60 per year per $100,000 of assessed urban and rural residential property owner ■ Operating costs partially offset by inmate - transfer savings Who's supporting this Bond Referendum? For a complete list of individuals and groups supporting a YES VOTE, please GO TO www.iciusticecenter.com The Risk is Real ■ Beaumont, TX - Courthouse shooti 3/14/2012 ■Montesano, WA - Grays Harbor County Courthouse shooting /stabbing, 3/9/2012 ■Tulsa, OK - Tulsa County Courthouse shooting, 3/7/2012 ■ Middletown, NY - Middletown City Court shooting, 2/8/2012 8 Prepared by: Marian K. Karr, City Clerk, 410 East Washington Street, Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 12 -436 RESOLUTION OF SUPPORT FOR THE NOVEMBER 6, 2012, JOHNSON COUNTY BOND REFERENDUM TO BUILD A JUSTICE CENTER WHEREAS, the current Johnson County Courthouse was designed in the 19th century and opened in 1901; and WHEREAS, numerous deficiencies in the Johnson County Courthouse affect safety, security and accessibility of jurors, courthouse workers, the courts and the general public; and WHEREAS, the current Johnson County Jail was built in 1981 for an inmate capacity of 46 (later modified as 92 inmates); and WHEREAS, average daily census in the Johnson County Jail is now 160 to 190 inmates; and WHEREAS, numerous deficiencies in the Johnson County Jail and having to transport overflow jail inmates outside Johnson County threaten staff, visitors and the general public; WHEREAS, inadequate jail facilities require that Johnson County spend $1.3 million per year in outside counties in order to house Johnson County overflow jail inmates; and WHEREAS, the proposed Justice Center, a 5 -story, 153,800 square foot facility would include the Sheriffs Office, six new court rooms, the Clerk of Court office, and a 243 -bed jail and is designed to solve current safety, security and space needs of the Sheriff, Jail and Court Operations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Iowa City, Johnson County, Iowa, that this City Council supports the $46.8 million bond referendum scheduled for the November 2012 general election; and encourages its citizens to become informed on the issue and vote on November 6, 2012. Passed and approved this 2nd day of October , 2012. ATTEST: Aadz� ) CITY CLERK Sires justicecenter.doc uG •: pr ed 9)-2"- City Attorney's Office 9_a 7 _� z Resolution No. 12 -436 Page 2 It was moved by Mims and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: (7/0 In accordance with Resolution x Champion #00 -117) _ x Dickens x Dobyns Y Hayek x Mims _ x Payne Throgmorton x