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HomeMy WebLinkAbout2014-10-21 Resolution4c(15) Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5043 RESOLUTION NO. 14 -296 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, HOS LLC at 316 E. Burlington St. in Iowa City, Iowa, has surrendered Cigarette Permit No. 015 -4 , expiring .T,,n. 'In, 9015 and requests a refund on the unused portion, now thereof, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Cigarette Permit No. C15 -46 , issued to Zombie Tobacco & More be cancelled and, BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50 , payable to HOS LLC. as a refund on Cigarette Permit No. C:1 5 -4h Passed and approved this 21st day of October -'20 14 MAYOR Approved by ATTEST: CIT LERK City Attorney's Office It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton 4d(1) Prepared by: Ben Clark, PE, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5436 RESOLUTION NO. 14 -297 RESOLUTION ACCEPTING THE WORK FOR THE WETLAND MITIGATION FOR THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Wetland Mitigation for the Wastewater Treatment Facilities Conolidation Project, as included in a contract between the City of Iowa City and Stek Earthmoving of New Sharon, Iowa, dated May 20th, 2014, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, funds for this project are available in the South Wastewater Expansion Fund account # V3135; and WHEREAS, the final contract price is $49,548.10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of October 120 14 Approved by ATTEST: CI Y CLERK City Attorney's Office lhq It was moved by Mims adopted, and upon roll call there were: AYES: and seconded by Dickens the Resolution be NAYS: ABSENT: X Botchway X Dickens X Dobyns X Hayek X Mims X Payne X Throgmorton Pweng /masters /acptwork.doc 10/14 ENGINEER'S REPORT October 10, 2014 � r #' z®,. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org City Clerk Iowa City, Iowa Re: Wetland Mitigation for the Wastewater Treatment Facilities Consolidation Project Dear City Clerk: I hereby certify that the construction of the Wetland Mitigation for the Wastewater Treatment Facilities Consolidation Project at the Makada Buffer Site has been completed by Stek Earthmoving of New Sharon, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City. The project was bid as a unit price contract and the final contract price is $49,548.10. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer M771 77� 4d(2) Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5142 RESOLUTION NO. 14 -298 RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, SANITARY SEWER, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR GALWAY HILLS SUBDIVISION - PART ELEVEN, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, and water main improvements for Galway Hills Subdivision - Part Eleven, as constructed by Carter & Associates of Coralville, Iowa. Paving improvements for Galway Hills Subdivision - Part Eleven, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the City of Iowa City has notified those contractors listed previously of the date on which it will consider acceptance of the aforementioned public improvements; and WHEREAS, the traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this 21st day of October , 20 14 ATTEST: Au t� CITY CLERK It was moved by Mims adopted, and upon roll call there were: AYES: x x x x x x pweng\masterslacpt- improvements. doc MAYOR Approved by and seconded by NAYS: City Attorney's Office Dickens the Resolution be ABSENT: Botchway Dickens x Dobyns Hayek Mims Payne Throgmorton � r i %7pt ]LI,* I Z�SZW 11 22 TUL CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX ENGINEER'S REPORT www.icgov.org October 9, 2014 Honorable Mayor and City Council Iowa City, Iowa Re: Galway Hills Subdivision — Part Eleven Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Galway Hills — Part Eleven has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer and water main improvements constructed by Carter & Associates of Coralville, Iowa and paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the above - referenced improvements be accepted by the City of Iowa City. Sincerely, Ronald R. Knoche, P.E. City Engineer Prepared by: Michael Moran, Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5100 RESOLUTION NO. 14 -299 RESOLUTION ACCEPTING THE WORK FOR THE NORMANDY DRIVE PHASE ONE LANDSCAPING PROJECT WHEREAS, the Parks & Recreation Director has recommended that the work for construction of the Normandy Drive Phase One Landscaping Project, as included in a contract between the City of Iowa City and Iowa State Contractors of Ottumwa, Iowa, dated October 23, 2012, be accepted; and WHEREAS, the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $173,765.29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 21st day of ATTEST: CITY CtERK It was moved by Mims adopted, and upon roll call there were: AYES: x x x x x x Parksredres/accept project.doc 10/14 tober ,20 14 _A MAYOR -A. Approved by and seconded by NAYS: 1��w to City Attorney's Office Dickens the Resolution be ABSENT: Botchway Dickens x Dobyns Hayek Mims Payne Throgmorton �lg!$� CITY OF IOWA CITY 4d(3) MEMORANDUM Date: October 15, 2014 To: Tom Markus, City Manager From: Michael Moran, Director of Parks and Recreation Re: RESOLUTION ACCEPTING THE WORK FOR NORMANDY DRIVE LANDSCAPING PROJECT PHASE ONE Introduction: This resolution will accept the final work for the completion of the Normandy Drive Landscaping work Phase One. History /Background: The city received many properties through the FEMA buyout in the Normandy Drive area. Money was appropriated for the landscaping of those lots and will do so through three phases. This is the completion of Phase One. Discussion of Solution: By accepting and passing this resolution the City can make final payment to the contractor for the finished project. Financial Impact: After accepting this project the City will incur expenses in the maintenance of these areas as new parkland. Recommendation: Approve and pass this resolution �10-21-14 4d(4) CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 October 14, 2014 Mayor Matthew J. Hayek 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the October 13, 2014 meeting the CPRB voted in open session to request an extension to the Board's deadline to file its Public Report for Complaint #14 -02. Paragraph 8- 8- 7(B)(6) of the enabling local ordinance provides that the city council may grant a request for an extension upon a showing of good cause. The Board's good cause in support of this request is shown as follows: • The Police Chief's investigative report for CPRB Complaint #14 -02 was received July 30, 2014. • As required by local ordinance 8- 8- 7(B)(6), the CPRB's public report is due October 28, 2014. • The CPRB currently has a vacancy on its board. That vacancy will not be filled until after the Board's filing deadline for Complaint #14 -02 has passed, unless an extension is granted by the city council. • The Board is requesting that the Police Chief modify the findings in the Chief's investigative report, pursuant to the authority of local ordinance 8- 8- 7(B)(2). The Board hereby requests that the City Council extend the Board's deadline to complete its public report for CPRB Complaint #14 -02. The Board requests that the deadline be extended to 60 days after the original deadline. The public report would be due December 29, 2014. Sincerely, M Melis Jensen, Ch it Citizens Police Review Board ^ I ,® CITY OF IOWA CITY 4e(1) mom" ®�� MEMORANDUM Date: October 15, 2014 To: Tom Markus, City Manager From: Ron Knoche, City Engineer�� Re: Ralston Creek Stabilization 2014 Project Introduction The proposed project addresses creek bank erosion, loss of property, and risk of structural damage along Ralston Creek between Muscatine Avenue to south of Sheridan Avenue. History /Background Ralston Creek is a flashy waterway in the center of Iowa City, and is the conduit of stormwater for the largest watershed in Iowa City. Currently there is severe erosion along both the east and west banks of Ralston Creek in a three block length between Muscatine Avenue and Sheridan Avenue. This Phase 1 Project would address issues in a portion of that corridor from Muscatine Avenue south to Center Avenue. Such erosion has caused undercutting of the bank slopes, loss of trees, loss of property, and has increased the risk of damage to fences and other private structures. Several creek bank maintenance and stabilization projects have been completed along Ralston Creek, some of which include isolated areas on both ends of this project as well as within the project limits. Areas within the limits of this project that have already been properly stabilized will be protected and left as is or adjusted as needed. Discussion of Solutions Bank stabilization improvements will consist of clearing and grubbing of understory and involuntary trees, earthen fill and reshaping to re- establish proper bank slopes, hard armoring of slope toes, gabion baskets, and installation of soil choked rip -rap (armoring) along the slopes. Riffle pools will be strategically located and installed to assist with lowering flow velocity within the creek to assist with reducing scour, and outlet pipes and discharge points along the creek will be improved as necessary and properly armored. Financial Impact The estimated construction cost for this project is $180,225. This project will be funded with 04/13 Flooding — Storm Water funds. Recommendation Staff recommends proceeding with the following schedule for this project: October 21 — Set Public Hearing November 4 — Hold Public Hearing (approve plans and specifications) December 2 — Award Project Prepared by: Jason Reichart, Public Works/ Engineering, 410 E. Washington St., Iowa City, IA 52240, (319)356 -5416 RESOLUTION NO. 14 -300 RESOLUTION SETTING A PUBLIC HEARING ON NOVEMBER 4, 2014 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE RALSTON CREEK IMPROVEMENTS PROJECT - PHASE 1, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. WHEREAS, funds for this project are available in the 04/13 Flooding — Storm Water account # M3627. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above - mentioned project is to be held on the 4th day of November, 2014, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above -named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above -named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 21st day of October 020 14 MAYOR Approved by ATTEST: CITY CtERK City Attorney's Office pweng\masters \setph. doc 1/11 Resolution No. 14 -300 ]Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 14 -301 RESOLUTION APPROVING AMENDMENT NO. 2 TO THE SYCAMORE AND FIRST AVENUE URBAN RENEWAL PLAN TO ADD A PROPOSED URBAN RENEWAL PROJECT. WHEREAS, September 16, 2014, City Council adopted a resolution of necessity (Reso. No. 14 -249) contemplating an amendment to the Sycamore and First Avenue Urban Renewal Plan to facilitate consideration of a new urban renewal project, said amendment being the second amendment thereto, and WHEREAS, in addition to the projects in the Sycamore and First Avenue Urban Renewal Plan, as previously amended, proposed Urban Renewal Projects under this amendment include additional private development agreements for Core Sycamore Town Center, LLC, for the renovation and rehabilitation of portions of the mall, improved pedestrian access and certain hardscape and landscape improvements to the parking lot, and WHEREAS, pursuant to Reso. No. 14 -273, consultation with affected taxing entities was duly held and all required responses to the recommendations made by the affected taxing entities, have been timely made as set forth in the report of the Economic Development Coordinator filed herewith and incorporated herein by the reference, which report is in all respects approved; and WHEREAS, pursuant to said Reso. No. 14 -273, a public hearing was held after due and proper notice of said public hearing was given, as provided by law, by timely publication in the Press Citizen. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. This Council finds that the Amendment No. 2 to the Sycamore and First Avenue Urban Renewal Plan conforms to the general plan for the development of the City as a whole; and. Section 2. That the Amendment No. 2 is hereby approved and adopted as the "Amendment No. 2 to the Sycamore and First Avenue Urban Renewal Plan "; and the City Clerk is hereby directed to file a certified copy of said Amendment No. 2 with the proceedings of this meeting. Section 3. That the Sycamore and First Avenue Urban Renewal Plan, as amended herein, shall be in full force and effect from the date of this resolution until the later of the date of termination set forth in the Plan, as amended, or the date on which payment of all obligations issued or advances made to carry out the purposes thereof shall be fully provided for. Said Amendment No. 2 shall be forthwith certified by the City Clerk, along with a copy of this Resolution, to the Recorder for Johnson County, Iowa, to be filed and recorded in the manner provided by law. PASSED AND APPROVED this 21st day of October , 2014. so ATTEST: City Cle k ed By ellt -ZL-1 OWAftmay's Office -2- Mayor Resolution No. 14 -301 ]Page 3 It was moved by Mims and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton Sycamore and First Avenue Urban Renewal Plan Amendment No. 2 City of Iowa City, IA Original Plan Adopted 2000 Amendment No.1 -- 2003 Table of Contents Section 1 - Introduction Section 2 - Urban Renewal Goals and Objectives Section 3 - Proposed Urban Renewal Projects Section 4 - Debt Section 5 - Urban Renewal Plan Amendments Section 6 - Effective Period Section 7 - Repealer Section 8 - Severability Clause -2- SECTION 1- INTRODUCTION The Sycamore and First Avenue Urban Renewal Plan ( "Plan ") for the Sycamore and First Avenue Urban Renewal Area ( "Area ") was originally adopted in 2000 to address vacancy rates in the Sycamore Mall and other properties and the general decline of the property values in the area. Amendment #1 was adopted in 2003 to add more area to the Plan. This Amendment #2 does not change the goals for the Area, but rather allows the City to support an economic development project at the Iowa City Marketplace, formerly known as the Sycamore Mall. No land is being added to the Area by this Amendment #2. Except as modified by this Amendment, the provisions of the Sycamore and First Avenue Urban Renewal Plan, as amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect. In case of any conflict or uncertainty, the terms of this Amendment shall control. SECTION 2- URBAN RENEWAL GOALS AND OBJECTIVES The goals of the plan remain unchanged: to formulate and execute a workable program using public and private resources to develop the Urban Renewal Project Area for retail, office, other commercial and industrial uses. SECTION 3 - PROPOSED URBAN RENEWAL PROJECTS Although certain project activities may occur over a period of years, in addition to the projects previously proposed in the Plan, as amended, the following proposed urban renewal projects are hereby added to the Plan: Economic Development: Project Date Estimated Cost Rationale A TIF rebate agreement 2014— $1,750,000 After the former anchor tenant was with mall owner, CORE 2015 compelled to relocate, other mall Sycamore Town Center, tenants left, relocated or sold their LLC to assist with the businesses, creating a steep decline cost of renovations in property value and a high rate of required for tenant vacancy. Securing new anchor improvements for new tenants will help ensure the long - anchor tenants. term viability of this development and increase the taxable valuation of the property. $1,750,000 -3- SECTION 4 - DEBT 1. FY 2014 constitutional debt limit: $233,415,950 2. Outstanding general obligation debt: $67,001,000 3. Proposed amount of loans, advances, indebtedness or bonds to be incurred: The specific amount of debt to be incurred for the Not to exceed Proposed Urban Renewal Projects has not yet been $1,750,000 determined. The Projects authorized in this Amendment are only proposed projects at this time. The City Council will consider each proposed project on a case -by -case basis to determine if it is consistent with the Plan and in the public's best interest. These proposed Projects, if approved, will commence and be concluded over a number of years. In no event will debt be incurred that would exceed the City's debt capacity. It is expected that such indebtedness, including interest thereon, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Proposed Urban Renewal Projects described above will be approximate) as follows: SECTION 5 — URBAN RENEWAL PLAN AMENDMENTS If the City of Iowa City desires to amend this Plan, it may do so in conformance with applicable state and local laws. SECTION 6 - EFFECTIVE PERIOD This Urban Renewal Plan Amendment #2 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution, or document, the Urban Renewal Plan shall remain in effect until terminated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code. SECTION 7 - REPEALER Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed. SECTION 8 - SEVERABILITY CLAUSE If any part of the Amendment is determined to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the previously adopted Plan M as a whole or the previous amendments to the Plan, or any part of the Plan not determined to be invalid or unconstitutional. -5- CITY OF IOWA CITY E M 0 RA N D U M M Date: October 14, 2014 To: Tom Markus, City Manager From: Geoff Fruin, Assistant City Manager Re: 136 S. Dubuque St. Lease Termination History/Background: In April 2013, the City entered into a three year lease agreement with The Wedge for property at 136 S. Dubuque Street. The lease includes a market rate rent and stipulates that the tenant also pay applicable property taxes and utilities. Earlier this year the City received a request from The Wedge to release the business of its lease obligations prior to the April 2016 lease expiration. Specifically, The Wedge has requested that it be released by November 1, 2014. Discussion of Solutions: The City has the option to negotiate an agreement to terminate the lease or to hold The Wedge to its lease obligations through April 2016. By reaching a mutual agreement, both parties can protect their respective interests to varying degrees. If the City chooses to maintain the current lease, there is a strong likelihood The Wedge will default on its financial obligations and that legal action will need to be taken to pursue lease payments owed to the City. This option will not only be time consuming, but it could be difficult to successfully collect any past due payments. Financial Impact: I believe it is in the best financial interest of the City to pursue a lease termination agreement with The Wedge. The attached agreement ensures the City is fully paid through November 1, 2014 and further ensures that our previously issued CDBG loan to the business will be paid back in full. However, it should be understood that the City does not have a tenant ready to assume the vacant space. It will likely be several months before a tenant can be identified and thus the City will be forgoing approximately $8,300 per month in rent and property tax payments while the space remains vacant. Recommendation: I am recommending that the City Council approve the attached lease termination agreement with The Wedge. I feel it is a fair agreement that has clear benefit to both parties. Assuming Council approval, staff will work diligently to find a replacement tenant. Any future lease agreements with a term greater than twelve months will need to come back before the City Council for approval. Prepared by: Eric Goers, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 14 -302 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AN AGREEMENT TO TERMINATE LEASE WITH THE WEDGE DOWNTOWN, INC., D /B /A THE WEDGE DOWNTOWN, FOR SPACE AT 136 S. DUBUQUE STREET. WHEREAS, the Iowa City Public Library Building contains commercial space which has been leased for commercial use since 2006; and WHEREAS, the space is currently leased to The Wedge Downtown, Inc., d /b /a The Wedge Downtown (hereinafter, "The Wedge "), through April 23, 2016; and WHEREAS, The Wedge desires to terminate said lease, effective November 1, 2014; and WHEREAS, the City Manager's Office, with assistance from the City Attorney's Office, has negotiated an Agreement to Terminate Lease, attached hereto, to facilitate an orderly transition of The Wedge out of the space, to the benefit of both parties; and WHEREAS, the lease space will become immediately available for other future tenants; and WHEREAS, it is in the public interest to approve the attached Agreement to Terminate Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Agreement to Terminate Lease, attached hereto and made a part hereof, are approved as to form and content. 2. The Mayor and the City Clerk are authorized and directed to respectively execute and attest both the Agreement to Terminate Lease attached hereto. Passed and approved this 21st day of October , 20 14 MAYOR Approved by ATTEST: G CITY CtERK City Attorney's Office Resolution No. 14 -302 Page 2 It was moved by Mims and seconded by Resolution be adopted, and upon roll call there were: Dickens the AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x_ Mims x Payne x Throgmorton AGREEMENT TO TERMINATE LEASE WHEREAS, the City of Iowa City ( "City ") is the Landlord and The Wedge Downtown, Inc., d/b /a The Wedge Downtown ( "The Wedge ") is the Tenant under a Lease Agreement ( "Lease Agreement ") dated April 23, 2013 covering the space located at 136 S. Dubuque Street, Iowa City, Iowa; and WHEREAS, paragraph 3 of said Lease Agreement provides that the term of the lease is for three years, measured from the date in 2013 when the leased premises were no longer occupied by the previous tenant; and WHEREAS, The Wedge desires to terminate said Lease Agreement effective November 1, 2014, to which The City agrees, subject to the terms of this Agreement to Terminate Lease ( "Termination "); and WHEREAS, the parties now wish to reduce their agreement to writing, NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Termination of Lease Agreement. It is agreed by the parties that the Lease Agreement shall terminate at midnight on October 31, 2014, and that neither party shall have any further obligations under said Lease Agreement after said date, except for the obligations described herein. However, both parties remain obligated to each other under the terms of said Lease Agreement for their respective obligations under said Lease Agreement through and including October 31, 2014. 2. Return of Security Deposit. It is agreed that the City shall refund to The Wedge the security deposit previously paid by The Wedge, subject to any reduction for damage caused to, or cleaning required for, the lease space, and shall do so no later than December 1St, 2014, as long as the extent of the damage can be determined by that date. Return of the security deposit is further contingent on The Wedge's compliance with all terms contained herein. In the event quotes for cleaning or repair need to be secured, the balance of the deposit will be returned to The Wedge as soon as the final bills are received by The City, but in no event any later than February 1St, 2015. The final utility bill will also be deducted from the deposit. In the event the security deposit does not cover all utility charges and damages, The Wedge agrees to pay The City the shortfall no later than thirty (30) days following the delivery of the final itemization to The Wedge. 3. External Signage. The Wedge shall have the existing sign inserts for both The Wedge and May's located in the exterior signs on the leased premises professionally removed and replaced with blank sign inserts matching the sign bases at The Wedge's expense no later than October 31, 2014. 4. Repayment of Community Development Block Grant loan. Execution of this Termination will be accompanied by repayment by The Wedge of any and all Community Development Block Grant ( "CDBG ") loans outstanding. Said repayment will be made by separate check payable from The Wedge to The City. Without repayment of the CDBG loans, this Termination will not be effective. 5. Fixtures. The Wedge shall be entitled to remove all furniture, kitchen fixtures, countertops, hanging light fixtures, sales cases, and bathroom hand dryers, as long as the removal does not result in damage to the premises. No doors or doorframes will be removed. No other bathroom fixtures will be removed. Any electrical fixtures being removed shall be removed by a licensed electrician. Any plumbing fixtures being removed shall be removed by a licensed plumber. Electrical, plumbing, and HVAC facilities shall be left in a safe and secure state. Should The Wedge fail to utilize licensed electricians and plumbers for removal of the allowed electrical and plumbing fixtures, The City will hire a licensed electrician and licensed plumber to inspect the property and make any repairs at the sole cost of The Wedge. Removal of the walk - in cooler shall be coordinated with the Library's Building Manager. Upon completion of the removal of all items to be removed, The Wedge shall coordinate a walk - through with Stephen Harding and the Library's Building Manager to inspect the condition of the space. 6. Mutual Release. The parties agree that they mutually release each other from any and all claims or obligations under the original Lease Agreement from and after the date of termination, conditional upon each party fulfilling its respective obligations thereunder through and including October 31, 2014, as well as their obligations contained herein. DATED this 10` k day of l) coo 47e- CITY OF IOWA CITY By: Matthew J. Hayek, Mayor Attest: Marian—K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 2014. THE WEDGE DOWNTOWN, INC. D /B /A THE WEDGE DOWNTOWN By: �Stepkefi Harding, President APPMad By City Attomey's Office On this Z-/ S +day of QC.tokl_ /— , 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Matthew J. Hayek and Marian K. Karr, to me known to be the identical persons named in and who executed the within and 2 foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed_ FTC s KELLIE K. TUTTLE Commission Number 221819 My ComrssiT Expires STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Notary Public in and for the State of Iowa. /�/ �V� On this , , ` day of 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Stephen Harding to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. r Notary P c in and for the St e of Iowa. &t *141 HOLLY RICHARD i > Commission Number 783170 My Commission Expires • iown March 17, 2017