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
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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
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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)
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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