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HomeMy WebLinkAbout2010-06-01 ResolutionUti-U7 -1 U M-~ 2e 1 Prepared by: Dan Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5144 RESOLUTION NO. 10-275 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 15, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 420T" STREET IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 15T" day of June, 2010, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 1st day of June , 2010. /, ~ ~ MAYOR Appr ved by - 1 / ~/ ~~ ATTEST: ~~~-~ ~ `~~ CIT CLERK City Attorney's Office Pweng\res\420thstim prov.doc Resolution No. 10-275 Page 2 It was moved by champion and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: NAYS: " ABSENT: x Bailey x Champion ~_ Dickens X Hayek x Mims x .Wilburn x Wright wpdata/glossary/resolution-ic.doc '~~ 2e 2 Prepared by: Ron Knoche, City Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5138 RESOLUTION NO. 10-276 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 15, 2010, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PENINSULA FLOOD MITIGATION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. 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 .15th day of June, 2010, 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 1st day of June , 20 10 /~ ~! MAYOR Approved by ATTEST: ^~ 7~~ ~ ~~~~-~ ~ CIT CLERK City Attorney's Office s ~ zy (r v Pwe ng/re s/fl ood m it-setph. doc 5110 Resolution No. 10-276 Page 2 It was moved by champion and seconded by Giri g},r the Resolution be adopted, and upon roll call there were: AYES: x x x x X x x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc 2e 3 Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 10-277 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 15TH, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BOWERY STREET BRICK REPAIR PRO- JECT-SUMMIT STREET TO CLARK STREET, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 15th day of June, 2010, 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 1st day of June , 20 l0 /~~ ~ MAYOR Approved by ATTEST: y~ a-~/-~ CITY LERK ~~ ~~ City Attorney's Office ~ ~2H ~,,, pweng\res\B rickRepai r-setph-2010. doc Resolution No. 10-277 Page 2 It was moved by Champion and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc M~ 2e 4 Prepared by: Rick Fosse, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 10-278 RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 15, 2010 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," ARTICLE 3, ENTITLED, "POTABLE. WASTE USE AND SERVICE" OF THE CITY CODE TO INCREASE OR CHANGE WATER METER CHARGES AND SERVICE FEES. WHEREAS, Iowa City Code Section 3-4-3: Potable Water Use and Service sets the amount of fee, charge, bond, fine and penalty for various water use and service matters; and WHEREAS, the City wishes to align water meter charges and water service fees with the current cost to provide these water meters and with the current labor and equipment costs to provide these services; and WHEREAS, it is in the public interest to increase certain fees and charges associated with water meters and services; and WHERES, City Code requires that notice and public hearing on proposed changes in rates and fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: A public hearing on an ordinance amending Title 3 entitled "City Finances, Taxation and Fees," Chapter 4 entitled "Schedule of Fees, Rates, Charges, Bonds, Fines and Penalties," Article 3, entitled, "Potable Water Use and Service," of the City Code to increase or change water meter charges and service fees, is to be held on the 15th day of June, 2010, 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. 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. Passed and approved this 1st day of June 2010. ~~. ~ MAYOR . Approved by ATTEST: CIT LERK ~-~..~ City Attorney's Office S ay ~~ v Pwengfres/pots blewaste. doc Resolution No. 10-278 Page 2 It was moved by Champion and seconded by wry ~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~- -~- x x x x Bailey Champion Dickens Hayek' Mims Wilburn ' Wright wpdata/glossary/resolution-ic.doc M I~. 2f 1 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-279 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF THE RETENTION AGREEMENT AND DEED RESTRICTIONS FOR THE PROPERTY LOCATED AT 723 EASTMOOR DRIVE, IOWA CITY, IOWA. WHEREAS, the owners of 800 Eastmoor Drive received flood assistance through the Jumpstart Housing Assistance Program; WHEREAS, as a condition of receiving said assistance, the owners executed a Retention Agreement and Deed Restrictions that requires them to pay back a pro rate share of the assistance if they sell the property within five (5) years; WHEREAS, the Retention Agreement and Deed Restrictions contains the legal description for 723 Eastmoor Drive, not 800 Eastmoor Drive, and therefore is encumbering the wrong property; and WHEREAS, the Retention Agreement and Deed Restrictions encumbering 723 Eastmoor Drive should be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 723 Eastmoor Drive, from the Retention Agreement and Deed Restrictions recorded on May 20, 2009, at Book 4440, Pages 532-533. 2. The City Clerk is authorized and directed to certify a copy of this resolution for recordation in the Johnson County Recorder's Office, together with the attached Release of Lien, said recording costs to be paid by the City. Passed and approved this ist day of June , 2010 ATTEST: y~ i ~ CITY LERK MAYOR Approved f~ ~r- City Attorney's Office Resolution No, 10-279 Page 2 It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion X Dickens x Hayek x Mims X Wilburn ~_ Wright wpdatalglossary/resolution-ic. doc Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RELEASE OF LIEN The City of Iowa City does hereby release the property at 723 Eastmoor Drive, Iowa City, Iowa, and legally described as follows: Lot 89, in Park View Terrace Subdivision, Iowa City, Iowa, according to plat thereof recorded in Book 2, Page 69A, Plat Records of Johnson County, Iowa. from the Retention Agreement and Deed Restrictions recorded on May 20, 2009, at Book 4440, Pages 532-533 of the records in the Johnson County Recorder's Office. CITY OF IOWA CITY, IOWA By: ~°~ ~ . Mathew J. Hayek, Mayor By: _ ~l `~~~ Marian K. Karr, City Clerk Approved b 1 S -~©~~, City Attorney's Office STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this ~ day of ~~F , 2010, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Mathew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Mathew J. Hayek and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. o q~m SONDRAE FORT Sr,nd:na.~ ~e-r'D `~ Commission Number 159791 Notary Public in and for the State of Iowa r My Commission F~cpires . ow 3 ~ aoi 06-01-10 r;;~,~ 2f 2 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-280 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 25 PENTIRE CIRCLE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the owners of the property on February 20, 2009, recorded on February 25, 2009, in Book 4399, Page 261 through Page 266, in the Johnson County Recorder's Office covering the following described real estate: 25 Pentire Circle, Idyllwild Condominiums, Iowa City, Iowa, together with an undivided 1/104th interest in the common elements, according to the according to the Declaration of Condominium thereof recorded in Book 1516, Page 68, Records of Recorder of Johnson County, Iowa. WHEREAS, the Mortgage reflects the provisions of the state Jumpstart program, through which the owners received flood rehabilitation assistance; and WHEREAS, University of Iowa Community Credit Union has refinanced a mortgage to the owners of the property located at 25 Pentire Circle 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 University of Iowa Community Credit Union will be providing no additional funds to the owner; and WHEREAS, University of Iowa Community Credit Union has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, 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 University of Iowa Community Credit Union, Iowa City, Iowa. Resolution No. 10-280 Page 2 Passed and approved this 1st day of June , 20 10 ~~ ~ MAYOR ATTEST: ~/Ii~.~~~~~ 5S' ~ ~~ CIT1~tERK Approved by --- City Attorney's Office It was moved by Champion and seconded by wr~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey Champion ~ Dickens x x Hayek Mims X Wilburn ~_ Wright x SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and University of Iowa Community Credit Union, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 60 000, and was executed by Ronald R. Bednarz and Sybil M. Bednarz, (herein the Owners), dated February 20, 2009, recorded February 25, 2009, in Book 4399, Page 261 through Page 266, Johnson County Recorder's Office, covering the following described real property: 25 Pentire Circle, Idyllwild Condominiums, Iowa City, Iowa, together with an undivided 11104tH interest in the common elements, according to the according to the Declaration of Condominium thereof recorded in Book 1516, Page 68, Records of Recorder of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $134.000 on a promissory note to be executed by the Financial Institution and the owner, 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 proposed to be made by the Financial Institution. NO1/U, THEREFORE, in consideration of the mutual covenants acid 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 1st day of June , 20~_• CITY OF IOWA CITY BY ~ ~.T- Mayor FINANCIAL INSTITUTION By Attest: ~ ~~J City C rk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this l 5= day of ~~F , 20 /p ,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared M~.-df• ~-I and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did s y 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 staled on behalf of the corporation, by authority of its City Council, as contained in (~~) (Resolution) No. /c- a8,~ passed (the Resolution adopted)~r the City Council, under Roll Call No. ----------~ of the City Council on the ! ~ day of .Ju,~~ , 20 /a ,and that Matf- rT; -{-~ Z and Marian K. Karr acknowledged the execution of the instrument to be their vol ntary act and deed and the voluntary act and deed of the corporation, by if voluntarily executed. es SONDRAE FORT ~ c e ~~ z° ~ Commission Number 159791 °Y • M Co mission Expires Notary Public in and for the State of Iowa ow o?b LENDER'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this `~~ day of ~~` C~ ~ , 20 ~} ,before me, the undersigned, a Notary Public in and for the State of Iowa, pe ' onally appeared ~ ;~~; ~ 1~ c ~ ~-`c'~.~, roc .~ ` to me personally known, who being by me duly sworn, did say that he/she is the r-~~,- ~ r~'. 9 , ~ L,-~ of ~_,k I C c. ~ ~ _ ,that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said ~w , G' ,• ~~._/ acknowledged the execution of said instrument to be the voluntary act ~, and deed of s i corporation, by it and by him/her voluntarily executed. w ,~PA ts LAURIE E COOPER / ~ z°~~ Commissbn Number 754551 IOWA Nly Co mi sbn Expires -'Z - ~ ~ -~ Notary~Public in and for the State of Iowa i My Commission expires: ~ ~.~ ~~~% ~/ 2f 3 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-281 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1716 GRANTWOOD, IOWA CITY, IOWA. WHEREAS, on June 22, 2005, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located 1716 Grantwood, Iowa City, Iowa from a Mortgage and a Promissory Note, Book 3904, Page 439 through Page 444 of the Johnson County Recorder's Office. Passed and approved this 1st day of June , 20 10 i~4,~- MAYOR Approved by ATTEST: ~ ~ ~. CIT LERK City Attorney's Office It was moved by Champion and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~ Champion ~ Dickens x Hayek _~_ Mims g Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (3191356-5246 Legal Description of Property: see below Mortgagor(s): Justin W. and Emily M. Kaufman Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 1716 Grantwood, Iowa City, Iowa, and legally described as follows: Lot 25 in Part One Mount Prospect Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 8, page 70, Plat Records of Johnson County, Iowa. from an obligation of the owners, Justin W. and Emily M. Kaufman, to the City of Iowa City represented by a Mortgage and a Promissory Note, Book 3904, Page 439 through Page 444 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: 7~ - c1~ CITY ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) /~~L~~^ MAYOR Approved by Sst:~+. ~~ 1 f S- r C City Attorney's Office ~" On this ~ ~ day of JL,~lE , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the ins~tyrument was signed and sealed on behalf of the corp/or[g^t ion by authority of its City Council, as contained in Resolution No. ~a'ox f ,adopted by the City Council on the day V~thl~. , 20 ~O and that the said Matthew J. Hayek and Marian K. Karr as such officers ackno edged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,sWnt~ SONDRAE FORT _ ~ Commission Number 159791 S~~ My Co mission Expires Notary Public in and for Johnson County, Iowa iow >7 M~ 2f(4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO 10-282 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1550 GINTER AVENUE, IOWA CITY, IOWA. WHEREAS, on May 11, 2005, the owners executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the terms of the loan have been satisfied; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located 1550 Ginter Avenue, Iowa City, Iowa from a Mortgage and a Promissory Note, Book 3887, Page 182 through Page 187A of the Johnson County Recorder's Office. Passed and approved this 1st day of June 20 10 -~~-'~` MAYOR ATTEST: CITY LERK A~r`o~ved b~ City Attorney's Office It was moved by Champion and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey ~ Champion _ x Dickens X Hayek x Mims g Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagorls): Douglas W. Small and Guylia L. Small Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 1550 Ginter Avenue, Iowa City, Iowa, and legally described as follows: Lot C in Survey of Lot 61, C.R. Regan Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 4, Page 378, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. from an obligation of the owners, Douglas W. Small and Guylia L. Small, to the City of Iowa City represented by a Mortgage and a Promissory Note, Book 3887, Page 182 through Page 187A of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: Q.L~J CITY CLERK STATE OF IOWA 1 SS: JOHNSON COUNTY 1 MAYOR Appro by City Attorney's Office S~ On this ~_ day of ~i.lnt F , A.D. 20 ~ ZJ ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No.10° ~ adopted by the City Council on the ~ day ~ N~ , 20 l tJ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~~~s SONDRAE FORT c- _ ~ Commission Number 159791 Jr7r+c~n: ~ r `ri'~ • ow My Com~D ~~ Expires Notary Public in and for Johnson County, Iowa M~ 2f 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-283 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 627 3~d AVENUE, IOWA CITY, IOWA. WHEREAS, on May 11, 2007, the owner executed a Mortgage with the City of Iowa City to secure a loan; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located 627 3~d Avenue, Iowa City, Iowa from a Mortgage, Book 4160, Page 289 through Page 294 of the Johnson County Recorder's Office. Passed and approved this ist day of June , 20 10 MAYOR Approved by ATTEST: J -~ • • CIT LERK City Attorney's Office It was moved by Champion ~ and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~_ Champion ~_ Dickens x Hayek g Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): David R. Lord Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the property at 627 3rd Avenue, Iowa City, Iowa, and legally described as follows: Lot 4, Block 23, East Iowa City, a subdivision of Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 92, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record. from an obligation of the owner, David R. Lord, to the City of Iowa City represented by a Mortgage, Book 4160, Page 289 through Page 294 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~ 9 CITY C ERK STATE OF IOWA ) 1 SS: JOHNSON COUNTY 1 1~- ~n MAYOR Approved by City Attorney's Office On this ~ day of ~tiJF , A.D. 20 i~ ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. I©- '~, adopted by the City Council on the ~ day~ier1E 20 /8 and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~m SONDRAE FORT S ~~ ° ~ Commission Number 159791 cn "czi My Commission FJCpireS Notary Public in and for Johnson County, Iowa . iow 3 7 aoi~. M-k~ Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-284 RESOLUTION ACCEPTING THE WORK FOR THE CITY OF IOWA CITY/SHERATON HOTEL PEDESTRIAN WALKWAY IMPROVEMENT JOINT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the City of Iowa City/Sheraton Hotel Pedestrian Walkway Improvement Joint Project, as included in a contract between the City of Iowa City and Calacci Construction Company Inc. of Iowa City, Iowa, dated July 28, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $247,208.74. 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 lst day of June 20 10 MAYOR Approved by ATTEST:_ ~ ,~~ i~~~C~-~/ CIT~I~C-LERK City Attorney's Office S~~~liv It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: X X X ~_ ~- X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res/Sheraton Walkway-acptwork. doc 5/10 ^~®~ C[TY OF IOWA CITY 2f6 ~ ~~n~~~~ EMOR M Date: May 20, 2010 To: Dale Helling From: Kim Sandberg,~~ Re: Agenda Items The following are costs associated with the Capital Improvement Project being presented for acceptance at the June 1St Council meeting: 1) Iowa City /Sheraton Hotel Pedestrian Walkway Improvement Joint Project Contractor: Calacci Construction Company • Project Estimated Cost: $ 249,500.00 • Project Bid Received: $ 237,600.00 • Project Actual Cost: $ 247,208.74 2) Landfill Gas System 2009 Expansion Project Contractor. Summers Enterprise • Project Estimated Cost: $ 345,000.00 • Project Bid Received: $ 227,928.10 • Project Actual Cost: $ 236,637.04 3) 2009 PCC Pavement Patching Project Contractor.' All American Concrete • Project Estimated Cost: $ 240,000.00 • Project Bid Received: $ 239,250.00 • Project Actual Cost: $ 262,995.10 4) 2009 Storm Sewer Improvements Project Contractor: • Project Estimated Cost: $ 43,720.00 • Project Bid Received: $ 74,525.00 • Project Actual Cost: $ 46,086.50 ~ r _~ ~;~~~`~ --ti.a~._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319J 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org May 17, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: City of Iowa City/Sheraton Hotel Pedestrian Walkway Improvement Joint Project Dear Honorable Mayor and Councilpersons: hereby certify that Calacci Construction, Inc., of Iowa City, Iowa has completed the construction of the City of Iowa City/Sheraton Hotel Pedestrian Walkway Improvement Joint Project in substantial accordance with the plans and specifications prepared by Neumann Monson Architects, PC of City of Iowa City of Iowa City, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $247,208.74 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ."~ ~' Ron Knoche, P.E. City Engineer S 1ENG\ARCHITECTURE FILE\Projects\Sheralon Exterior Walkway Project\Enginear's Report_City of Iowa City Sheraton Hotel Pedestrian Walkway Improvement Joint Project doc (~~~,~~. Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 10-285 RESOLUTION ACCEPTING THE WORK FOR THE LANDFILL GAS SYSTEM 2009 EXPANSION PROJECT 06-01-10 2f 7 WHEREAS, the Engineering Division has recommended that the work for construction of the Landfill Gas System 2009 Expansion Project, as included in a contract between the City of Iowa City and Summers Enterprise, Inc. of Masonville, Iowa, dated June 1St, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $236,637.04. 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 i st day of TnnP , 20~--- 1-~' MAYOR Approved by ATTEST: / ~(~~-~~ ~' ~~ CITY CLERK City Attorney's Office s~c~~lc> It was moved by chamvion and seconded by w,-;ghr the Resolution be adopted, and upon roll call there were: AYES: x x x _._~-_ x x x ABSENT: NAYS: Bailey Champion Dickens Hayek Mims Wilburn Wright Pwenglres/Acptwk-landfi Ilgassystem. doc 5110 ~~~7~ ~~ r ~ ~..:.® ~ ~m,~~. ~ • wr,®~~~ -rt.at~_ 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 May 18, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Landfill Gas System 2009 Expansion Dear Honorable Mayor and Councilpersons: I hereby certify that Summers Enterprise, Inc., of Masonville, Iowa has completed the construction of the Landfill Gas System 2009 Expansion Project in substantial accordance with the plans and specifications prepared by Howard R. Green Company of Cedar Rapids, Iowa. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $236,637.04. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, /~----.. Ronald R. Knoche, P.E. City Engineer pweng\Itr\engrept-landfill gassystem.doc M-k~ 2f 8 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 10-286 RESOLUTION ACCEPTING THE WORK FOR THE 2009 PCC PAVEMENT PATCHING PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2009 PCC Pavement Patching, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated June 30th, 2009, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the City Clerk's office; and WHEREAS, the final contract price is $262,995.10. 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 ist day of ATTEST: ~• %'~~ CITY ERK ,~ o ~( ~~ City Attorney's Office ~~~~`~v It was moved by Champion and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: _~_ X ~_ x x ~- x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright une 20 10 /~' ?C( MAYOR Approved by Pweng/res/Acptwk-09 pccpavemtpatch.doc 5110 r ~~ ~~ 1 ~~~®~~ :rm~ ,. .tom,®i,~~~ -•~.a~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 5 2 240- 1 82 6 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org May 18, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: 2009 PCC Pavement Patching Project Dear Honorable Mayor and Councilpersons: I hereby certify that All American Concrete, Inc., of West Liberty, Iowa has completed the construction of the 2009 PCC Pavement Patching Project in substantial accordance with the plans and specifications prepared by the Engineering Division. The required performance and payment bond is on file in the City Clerk's office. The final contract price is $262,995.10. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~~-~ ~-~ ~' Ronald R. Knoche, P.E. City Engineer pweng\Itr\engrept-landfill gassystem.doc M-ky 0 Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 10-287 RESOLUTION ACCEPTING THE WORK FOR THE 2009 STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, the Engineering Division has recommended that the work for construction of the 2009 Storm Sewer Improvements Project, as included in a contract between the City of Iowa City and Carter and Associates, tnc. of Coralville, Iowa, dated November 20tH 2009, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Engineer's office. WHEREAS, the final contract price is $46,086.50. 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 1st day of June , 2010. Mayor ATTEST: ~~~~ ~• `~~ Cit-~y~,~terk Approved by: City Attorney's O ice s ay ~Io 2f 9 Resolution No. 10-287 Page 2 It was moved by champion and seconded by wri;;ht the Resolution be adopted, and upon roll call there were: AYES: ~- X _~- x x x x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ~~ ~~) ~ r ~;~~'~r~i` ~ ',~®~~~ -.~.~_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org May 20, 2010 City Clerk City of Iowa City, Iowa Re: 2009 Storm Sewer Improvements Dear City Clerk: I hereby certify that the construction of the 2009 Storm Sewer Improvements Project has been completed by Carter and Associates, Inc. of Coralville, Iowa in substantial accordance with the plans and specifications prepared by the City of Iowa City Engineering Division. The final contract price is $46,086.50. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, -~ Ronald R. Knoche, P.E. City Engineer Mk8 2f 10 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 10-288 RESOLUTION ACCEPTING THE WORK FOR THE STORM .SEWER PUBLIC IMPROVEMENTS FOR LOT 276, WINDSOR RIDGE -PART' 'TWENTY B. 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: Storm sewer public improvements for Lot 276, Windsor Ridge -Part Twenty B, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bond has been filed in the City Engineer's office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said storm sewer improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this t st day of .Tune , 20~D-• ATTEST: ~~~/~•~~ ~ • °~~~~ CI LERK MAYOR Approved by City Attorney's Office ~- /9' Fo It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x X ~_ ~- -X- ~- NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright pweng/res/wind sorpart206. doc a~ ~ ~/d> ~~ r ~ ',~®~•~ -•~...__ CITY OF IOWA CITY 410 East Washington Slreet Iowa City, Iowa 52240- I8Z6 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT May 19, 2010 Honorable Mayor and City Council Iowa City, Iowa Re: Lot 276, Windsor Ridge, Part Twenty B Dear Honorable Mayor and Councilpersons: I hereby certify that construction of the storm sewer public improvements for Lot 276, Windsor Ridge -Part Twenty B has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Engineer's office for said storm sewer improvements constructed by Maxwell Construction, 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 pweng\letters\WindsorPart20B. doc M-~ 2f 11 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 10-289 ___ RESOLUTION NAMING DEPOSITORIES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City of Iowa City, in Johnson County, Iowa, approves the following list of financial institutions to be depositories of the City of Iowa City funds in conformance with applicable provisions of Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit the City of Iowa City funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Maximum Balance Maximum Balance Depository in effect under in effect under Name Location of Home Office Local Location prior resolution this resolution U.S. Bank N.A. 800 Nicollet Mall 204 East Washington St. 65,000,000.00 65,000,000.00 Minneapolis, MN 55402 Iowa City, IA 52240 MidWestOne Bank 102 S. Clinton St. Same 35,000,000.00 35,000,000.00 Iowa City, IA 52244-1700 Hills Bank & Trust Co. 131 Main Street 132 E. Washington St. 25,000,000.00 25,000,000.00 Hills, IA 52235 Iowa City, IA 52240 Regions Bank P.O. Box 387 501 12th Ave, Ste 100 35,000,000.00 35,000,000.00 Memphis, TN 38147-0001 Coralville, IA 52241 West Bancorporation, Inc. 1.601 22nd St., Suite 209 229 South Dubuque 35,000,000.00 35,000,000.00 West Des Moines, IA 50266 Iowa City, IA 52240 Bank of the West P.O. Box 73850 301 S. Clinton St. 75,000,000.00 75,000,000.00 Cedar Rapids, IA 52407-3850 Iowa City, IA 52240 Wells Fargo Bank, N.A. University of Iowa Community Credit Union Freedom Security Bank Farmers & Merchants Savings Bank 15,000,000.00 15, 000, 000.00 Liberty Bank 6400 Westown Parkway 205 E College 25,000,000.00 25,000,000.00 Des Moines, IA 50266 Iowa City, IA 52240 First American Bank 1207 Central Avenue 640 Highway 1 West 35,000,000.00 35,000,000.00 Fort Dodge, IA 50501 Iowa City, IA 52246 American Barik & Trusf 4301 East 53rd Street 805 22nd Avenue - 25,000,000.00 0.00 Davenport;'IA 52807 Coralville, IA-52241 Two Rivers Bank & Trust 222 N. Main Street 805 22nd Avenue ' 0.00 10,000,000.00 Burlington, lA 52601 Coralville, IA 52241 Passed and approved this 1st day of June , 2010 ~- MAYOR Approved by r ATTEST: ~e,c,,.J ~ • ~~ ~i ~~ CITY CLERK City Attorney's Office S:\FIN\TREAS\BRIAN\bank resolution.xls 666 Walnut St. Des Moines, IA 50309 500 Iowa Avenue Iowa City,lA 52244-2240 140 Holiday Rd. Coralville, IA 52241 1550 S. Gilbert St. Iowa City, IA 52240 112 S Dubuque St Iowa City, IA 52240 Same Same Same 50,000,000.00 50,000,000.00 50,000,000.00 15,000,000.00 15,000,000.00 50, 000, 000.00 Resolution No. 10-289 Page 2 It was moved by Champion and seconded by Wrieht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~_ x x x x ~- Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 10-290 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY, IOWA, FOR THE APPLICATION AND ADMINISTRATION OF ANY AWARDED EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARDS WHEREAS, the Iowa City Police Department, in partnership with the Johnson County Sheriffs Office, is making application for the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) program administered by the U.S. Department of Justice; and WHEREAS, the Departments were notified by the federal government that they were eligible for a total of $62,440; and WHEREAS, in accordance with past practice and the application process, the parties have agreed that the City of Iowa City will receive 52% ($32,469) and Johnson County will receive 48% ($29,971), and Iowa City will take responsibility for making the application and managing this grant under the terms of the interlocal agreement; and WHEREAS, the agencies wish to memorialize this agreement in an interlocal agreement between the City of Iowa City and Johnson County outlining the amount of the grant to be awarded each department and each entities' rights and responsibilities under said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest an interlocal agreement for cooperation between the City of Iowa City and Johnson County, Iowa attached hereto and incorporated by reference herein. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution along with the original Agreement and shall forward one original of same to the Johnson County Sheriffs Office. Passed and approved this 1st day of June , 2010. Appr ed b ,,,- ,. ~t MAYOR ~^ ATTEST: ~~ ~~ ~~c/ ITY CLERK Resolution No. 10-290 Page 2 It was moved by champion and seconded by w,-; Qhr the Resolution be adopted, and upon roll call there were: AYES: x X ~_ _~ x x x NAYS: ~ ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc 2010-H6831-IA-DJ THE STATE OF IOWA KNOW ALL BY THESE PRESENT COUNTY OF JOHNSON INTERLOCAL AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND COUNTY OF JOHNSON, IOWA 2010 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 3ra day of June, 2010, by and between The COUNTY of Johnson, acting by and through its governing body, the Board of Supervisors, hereinafter referred to as COUNTY, and the CITY of Iowa City, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Johnson County, State of Iowa, witnesseth: WHEREAS, this Agreement is made under the authority of Iowa Code Chapter 28E; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the COUNTY 29971.00 from the JAG award for the Equipment/Technology Program; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to allocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. City agrees to pay COUNTY a total of $29,971.00 of JAG funds. Section 2. COUNTY agrees to use 29 971.00 for the Equipment/Technology Program as outlined in the grant application. Page 1 of 2 2010-H6831-IA-DJ Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Iowa Tort Claims Act. Section 5. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create .any rights in any party not a signatory hereto. CITY OF IOWA CITY, IOWA Mayor, Matt Hayek ATTEST: 9C _ ~~ City City lj~tforn 5-2~- /d COUNTY OF JOHNSON, IOWA hairpers n, oard of Supervisors ATTEST: Co ty Audito County Attorney *By~he City Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). Page 2 of 2 Ub-U7 -1 U 2f 12 INTER-DEPARTMENT MEMO Tp: Mr. Hayek and City Council ROM: Chief Sam Har adine .~`'`'r~~~ F 9 ~ V RE: Edward Byrne Memorial Justice Grant Notification DATE: May 26, 2010 The Iowa City Police Department in partnership with the Johnson County Sheriffs Office is making application for the 2010 Edward Byrne Memorial Justice Grant administered by the Bureau of Justice Assistance, U.S. Department of Justice. The Departments were notified that they are eligible for $62,440. It has been agreed that the Iowa City Police Department will take responsibility for application and management of this grant. In return, Iowa City will receive 52% of the funds ($32,469.00) and Johnson County will receive 48% ($29,971). The Iowa City Police Department would tike to use the $32,469 towards the establishment of a Police Sub-Station in the South East side of Iowa City. These funds would be utilized to furnish the sub station with furniture, computer work stations, phones, security alarms and monitoring equipment. Presently, a potential site has been identified and negotiations are underway. A final recommendation will be brought to Council in the near future. y 9 MICHAEL A. MAURO ~, ~:: y, SECRETARY OF STATE ~ ~ ~~ v p~ S AV h rdRY OF OFFICE OF THE IOWA SECRETARY OF STATE Marian Karr City Clerk City of Iowa City 410 E. Washington St. Iowa City, IA 52240-1826 Re: Resolution #10-291 Dear Ms. Karr, STATEHOUSE DES MOINES, IA 50319 June 9, 2010 You are hereby notified that the resolution, plat map, and other documents pertaining to the voluntary annexation of territory to the City of Iowa City have been received and accepted by this office as requirement of Iowa Code section 368.7. You may consider the annexation filed. Sincerely, Michael A. Mauro Iowa Secretary of State - N Jarrett Schneider _° Office of the Secretary of State ~-; ~- -~~° - ~;, . a R ~,..p i '.~ •` 1 ~y:{:~ il `! ~~ Phone 515-281-8993 Fax 515-242-5952 www.sos.state.ia.us sosG~sos.state.ia.us M~~ 4d Prepared by: Sarah Walz, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5251 RESOLUTION NO. 10-291 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 2.37 ACRES OF LAND LOCATED AT 4265 OAK CREST HILL ROAD SE. (ANN10-00001) WHEREAS, the Johnson County Agricultural Extension District, hereafter referred to as Applicant, is owner of approximately 1.66 acres of land located at 4265 Oak Crest Hill Road SE and has requested annexation of said land into the City of Iowa City; and WHEREAS, an additional 0.71 acres consistirig of contiguous sections of Oak Crest Hill Road (Old Highway 218 South) and Cedar Rapids and Iowa City Railroad (CRANDIC) right-of-way must be annexed in order for the property to adjoin the boundary of Iowa City; and WHEREAS, the CRANDIC Railroad the has consented to annexation of-said land into the City of Iowa City; and WHEREAS, the aforementioned properties are within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, annexation of the properties would be consistent with the growth and development pattern in this part of the City and will not impose an undue burden on the City; and WHEREAS, control of the development is in the City of Iowa City's best interest because it is the property is within the Long-Range Planning boundary and properties to the east side of the highway and railroad are already within City Limits; and WHEREAS, all procedures and notification requirements of Iowa Code 368.7 have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: A PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00°00'00"E ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 28, A DISTANCE OF 1193.65 FEET TO A POINT ON THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF A TRACT OF LAND SHOWN ON A PLAT OF PART OF THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" P.M., JOHNSON COUNTY, IOWA AS RECORDED IN PLAT BOOK 4 AT PAGE 233 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER; THENCE N86°43'02"E, ALONG SAID WESTERLY EXTENSION OF THE NORTHERLY LINE AND ALONG SAID NORTHERLY LINE, 1205.20 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N86°43'02"E, ALONG SAID NORTHERLY LINE, 575.97 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE CRANDIC RAILWAY; THENCE S01 °36'13"W, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 184.02 FEET; THENCE S87°03'36"W, 560.31 FEET; THENCE N03°16'58"W, 180.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2.37 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary documents as required by Iowa law under Section 368.7 (2009) at Applicant's expense. Resolution No. 10-291 Page 2 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 1st day of June , 2010. /ate- ~I „ MAYOR Approved~/by ATTEST: ~~ ~~ ~d ~~/ CITY -ERK City Attorney's Office ~~~<v~0 Resolution No. 10-291 Page 3 It was moved by Champion and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X ~_ ~- x x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc ~/is ~ 4 Prepared by: Karen Howard, Associate Planner, 410 E. Washington St, Iowa City, IA 52240; 319-356-5251 (SUB - 00005) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOSS GREEN URBAN VILLAGE, IOWA CITY, IOWA. WHEREAS, the owner, Moss Green Development Corporation, filed with the City Clerk an application for approval of the preliminary plat of Moss Green Urban Village, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Moss Green Urban Village, Iowa City, Iowa, is hereby approved. 2. The Mayor and, City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 1S` day of June, 2010. 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Washington St, Iowa City, IA 52240; 319-356-5234 (SUB10-00006) RESOLUTION NO. 10-292 RESOLUTION APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTS, SECOND TO FIFTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Steve Kohli Construction, L.L.C, filed with the City Clerk, an application for approval of the preliminary plat of BROOKWOOD POINTS, SECOND TO FIFTH ADDITION, Iowa City, Iowa; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval subject to an agreement for extension of a sanitary sewer to Sand Hill Estates; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat subject to an agreement for extension of a sanitary sewer to Sand Hill Estates; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The preliminary plat of BROOKWOOD POINTS, SECOND TO FIFTH ADDITION, Iowa City, Iowa, is hereby approved subject to an agreement for extension of a sanitary sewer to Sand Hill Estates at the time of final plat approval. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 1 S` day of June, 2010. ~ ~~~ MAYOR ATTEST: ~J CITY ERK Approved by City Attorney's Office I ~ I I b s\pcd\brookwood Pointe preliminary plat -resolution Resolution No. 10-292 Page 2 It was moved by Bailey and seconded by M; mG the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion _~ Dickens X Hayek x Mims g Wilburn ~ Wright ~~ STAFF REPORT To: Planning & Zoning Commission Prepared by: Jake Rosenberg, Planning Intern Item: SU610-00006 Date: May 6, 2010 Brookwood Pointe GENERAL INFORMATION: Applicant: Steve Kohli Construction, L.C. 3129 Dubuque Street NE Iowa City, IA 52240 Contact Person: Steve Kohli Phone: 319-936-6880 Requested Action: Preliminary Plat Purpose: 81-lot single family subdivision Location: Russell Drive and Terrapin Drive, west of Sycamore Street Size: 21.92 acres Existing Land Use and Zoning: Undeveloped, zoned RS-5 and RS-8 Surrounding Land Use and Zoning: North: Residential, RS-5 South: Residential, RS-8 East: Residential, RS-5 West: Park and undeveloped, P and OPDH-5 Comprehensive Plan: Residential File Date: April 13, 2010 45 Day Limitation Period: May 28, 2010 SPECIAL INFORMATION: Public Utilities: Sanitary sewer and water are available Public Services: Police, fire protection, refuse and recycling are provided by the City. Two transit routes, Lakeside and Eastside Loop, serve this area with a stop located approximately two blocks north on Sycamore Street. 2 BACKGROUND INFORMATION: In June 2005 this property was rezoned from Interim Development (ID-RS) to Low Density Single-Family (RS-5) (the northern 10.92 acres), and Medium Density Single-Family (RS-8) (the southern 18.34 acres). At the same time a preliminary plat of Brookwood Pointe, Additions 1-4, was approved to allow the subdivision of the property into a 106 lot residential subdivision. The final plat of Brookwood Pointe, Addition 1, a 26-lot subdivision, was also approved in August of 2005 and is now mostly built. The preliminary plat for Additions 2-4 expired in June 2007. In August 2008 new subdivision regulations were adopted. The new regulations contained revised standards for street design. The applicant has submitted a preliminary plat for Brookwood Pointe, Second-Fifth Addition, which complies with the new standards where possible. There is a conditional zoning agreement for this property requiring: 1. Contribution of 52507.08 per acre toward the improvement of Sycamore Street at the time of final plat approval, 2. The construction of the storm water management facilities on Outlot A with Addition 1 (this has been completed), 3. An easement to facilitate construction of a sanitary sewer line from Southpointe Subdivision to Sand Hill Estates, 4. A landscape buffer for double fronting lots on Sycamore Street. These conditions will apply to the final plats of Brookwood Pointe, Second-Fifth Addition. The applicant has indicated that they have chosen not to use the "Good Neighbor Policy" and has not had discussions with neighborhood representatives. ANALYSIS: Street Design -Brookwood Pointe is accessible from Sycamore Street to the east from Terrapin Drive and Russell Drive to the north and south. The preliminary plat shows the proposed north-south connection of Russell Drive and the continuation of Terrapin Drive. As proposed, Terrapin Drive will continue west, intersect Russell Drive, curve north, intersect with Covered Wagon Drive, and terminate in a cul-de-sac. Vesti Lane runs east-west between Terrapin Drive and Russell Drive. Running parallel to Vesti Lane to the north is Ashlynd Court which is connected to Russell Drive and terminates in a cul-de-sac. A sidewalk will connect the end of Ashlynd Court to Sycamore Street. Connecting Vesti Lane and Ashlynd Court is Brookwood Pointe Terrace, anorth-south street providing additional connectivity within the neighborhood. In Staff's view, the street design adheres to the Comprehensive Plan and Subdivision Design Standards. The subdivision code, under which the expired version of Brookwood Pointe was approved, required 50 foot right-of-ways for local streets. The City's current subdivision code requires a 60 foot wide right-of-way. The additional space provides sufficient room for sidewalks, utilities and street trees. Because Vesti Lane has already been started with a 50 foot right- of-way it is shown as continuing with 50 feet to be consistent with the portion of the street 3 that has already been constructed. Ashlynd Court, Brookwood Pointe Terrace, and Terrapin Drive are shown with a 60' right-of-way to comply with the subdivision regulations. Lots 80, 81 and 22 are double-fronting lots along Sycamore Street. The subdivision regulations discourage such lots, but recognize that on arterial streets they are sometimes unavoidable. Where such lots are unavoidable, the design standards require that lots with multiple frontages shall be 125% of the required lot area for the zone. In this case lots 80, 81 and 22 exceed this requirement. Double frontage lots where dwellings will have side or rear-building facades oriented toward an arterial street are required to provide a minimum 20-foot wide landscaped buffer area along the arterial street frontage. The buffer area must be planted with a mixture of coniferous and deciduous vegetation. In conjunction with this buffer, the conditional zoning agreement specifies that any fencing be located at least 25 feet west of Sycamore Street. This restriction must be noted in the subdivider's agreement and on the plat. Due to the future improvement of South Sycamore Street, the required landscaping cannot be planted prior to road construction. Instead, the subdivider will be required to contribute a fee towards a landscape buffer which will be installed when the City rebuilds Sycamore Street. The legal papers for the final plat should include this requirement. Phasing -The 2005 preliminary plat for Brookwood Pointe phased development in a pattern that would have resulted in the Terrapin Drive and Covered Wagon Drive connecting to the Sand Hill Estates subdivision to the west as part of phase 2 of Brookwood Pointe. This would have provided sanitary sewer access to the northeast part of Sand Hill Estates, which is currently undeveloped. With this application the phasing plan would include Vesti Lane as the second phase, the connection of Terrapin Drive and Covered Wagon Drive would occur in phase 3. Staff does not object to the revised development phasing provided that there is an agreement for the instillation of a sanitary sewer connecting Brookwood Point to Sand Hill Estates. This will need to be addressed in the legal papers for the final plat. Sensitive Areas -The subject property contains Hydric Soils, which may require basement sump pumps and street construction that allows proper drainage. This will need to be addressed with the construction plans at the time of final plat approval. Existence of Hydric Soils does not necessitate Sensitive Areas Overlay and there are no other sensitive environmental features identified on the property. Storm Water Management - A small part of the eastern portion of Brookwood Pointe utilizes the Sycamore Regional stormwater System. In lieu of providing stormwater management within this part of the subdivision, the developer is required to pay a fee for use of the regional stormwater management system. At the time of final plat approval the legal papers will need to address the payment of this fee. Storm water management facilities were built on Outlot A in Addition 1 of Brookwood Pointe and will accommodate the remainder of the lots within the Second-Fifth Additions. Neighborhood parkland - At the time Brookwood Pointe was approved in 2005, the Parks and Recreation Commission chose to collect fees in lieu of open space because of the subdivision's proximity to Weatherby Park. The plat will be reviewed by the Parks and Recreation Commission to confirm that their wish to collect fees in lieu of open space. If that is the case the legal papers for the final plat should address the fee requirement. 4 lnfiastructure fees: sanitary sewer and water main -Water main extension fees of 5395 per acre; sanitary sewer tap-on fees of 51796 per acre and Sycamore Street improvement fees of 52507.08 per acre need to be included in the legal papers at the final plat approval. A revise preliminary plat was submitted on April 27. The City Engineer has not yet completed review of the plat. Approval should be subject to correction of any deficiencies identified by the City Engineer. STAFF RECOMMENDATION: Staff recommends that SUB10-00006 the preliminary plat of Brookwood Pointe, an 81-lot, 21.98 acre residential subdivision located west of Sycamore Street be approved subject to an agreement for extension of a sanitary sewer to Sand Hill Estates and approval of the City Engineer. ATTACHMENTS: 1. Location Map 2. 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Ol ON0035 '31NIOd OOOMNOONA N ~ ~\ o Z 30tld - ltlld 18tlNIY11138d ~~ 5 ~ ~ a ~ >g~~~~~~~~~ gg .~~g$agq$7~ gpg~~~pg~ y@Q ; 9 ~_ ~~~9 ~~~53~E ~~E5K3~~ G dg C o~ d- 1 y ~ ER~^ E 8?~~ ~ 3A8c ~ ~ ~~; ~ ~~~ e '. 1332115 321OWdJAS ~ ~ ~~~ ., a • _ ~ _ ion., ,~ - _ ~- . ,. z 0 Q g~ \~ ~ T O Q U ti ~ W z W~ ~ ~ a O Y O O m - ~ , , i _ // s ~ ~ ~'' ~' ~ - - / R "' 1 ~ ~ 1 r -~ - i ~ ~' ~ i , \\ \~~ // 9 /~ \ ~ \ -~~ ~ // I 1 \ ~ i a ~~ I ~ g 4 I I ~ ~ Q,' I ~- - ~ - - - -~ 1 li I ~ 3 ,, ~ ~ I ----;,-I ; ~ ~ 3 ~I ..~{ ~ i r § - ~ i - - - E~ fi ~~~ ,~~ ~,~ z~~ g~~ a~ ~¢ ~~~ ~.. - w ~; Y7 ~_ ~~ Prepared by: Jake Rosenberg, PCD Intern, 410 E. Washington St, Iowa City, IA 52240; 319-356-5234 (SUB10-00006) RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF BROOKWOOD POINTE, SECOND TO FIFTH ADDITION, IOWA CITY, IOWA. WHEREAS, the owner, Steve Kohli Construction, L.L.C, filed with ' e City Clerk, an application for approval of the preliminary plat of BROOKWOOD POINTE, S COND TO FIFTH ADDITION, Iowa City, Iowa; ard~ WHEREAS, the Departure of Planning and Community D elopment and the Public Works Department examined the pre' inary plat and recommende approval subject to an agreement for extension of a sanitary sewer t and Hill Estates; and WHEREAS, the Planning and Zoning mmission exam' ed the preliminary plat and, after due deliberation, recommended acceptance a d approval the plat subject to an agreement for extension of a sanitary sewer to Sand Hill Est es; and WHEREAS, the preliminary plat conforms with al the requirements of the City Ordinances of the City of Iowa City, Iowa. `~ NOW, THEREFORE, BE IT RESOLVED BY THE CITY~`~OUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: \\ ~ 1. The preliminary plat of BROO City, Iowa, is hereby approved to Sand Hill Estates at the time 2. The Mayor and City Clerk of to certify this resolution, w law. CW OD POINTE, SECO TO FIFTH'~iOflITlN, love s ject to an agreement for ension o~~~-s~nit~a~y sew final plat approval. , ~::; ~ City of Iowa City, Iowa are hereby author#~nc~direct shall be affixed to the plat after passage`anel~apt5roval by . - c~ Passed and approved this 1St~ay of June, 2010. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office s\pcd\brookwood Pointe preliminary plat - resolution.doc Resolution No. Page 2 It was moved by ~ and seconded by the Resolution be adopted, and upon roll call there~were: AYES: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright '~ m ..9 ~' ~ ~ ...r~ p ~~ 4r"J ~ {~ ~.ra pryv ~~ y + ~",'° = i ~c F ~fi- Y`Lr~ ~ i+ ~. y11~ i ~ i r, i0 0 h 4n, ~ .~ ~ 1 ~ ~ti. 4 ~ s .! r ~ .Fe ~ .~ ._ ~~ w i I ..~ P ~ ~' ~ ° - ,. ~ ~ , ~ ~~~ .- ' ~ ~ ~ ~y ~,1 ~LJ LI'~~ ~ __ „ . 7 y~ ~ ry ' krf ~ 5f 4r+ ,~f,y}y,y , ~ k ~~~ i~ ,_. -- ~-- y., _, ~~ r i ~ _~ w ~~~ ,.~~ ~ ~. ~ N - . ~ _ <<~ ~ ..,. -s .. f,. `: f ~ ., ~..~: f . ~ :- . ~fr a : . rs~ .{. ~ . _ ~~, ~ ,~_.~ m .. .. w '§~ _ y .~ ., _ ,' ~`~ ~ ~ g ~ .~n._ i p '~['1']~ L[~~.~'Y'I~T; L~r~ca~k~,~-~rr~c1 i~~~irrrt~ ~~lI~i~-~~Gli~~ Reif n 4' iBti # 4T 3 ~s'iv:=- ~fc00eC~'~''~0£] .°4?d~~~df't, Sc~~7~'+rl I L7 r-fi?"H :"~. 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S ~ w r ~~ era en . ~n •s, rvri ~ .~ ~~ e _ _ +~t*~~c.....~ s. . s r-r~! ®5 ~i :H ~y, 9.vagic~ ua~. `i ~r_~ s.r _~ ~~ ~, `•i ac ti- ~+ c ~ ~a c S L~~ } F' ~} .® ~~ ~'~ ~~.. ' ~ a ~ 'I s 9. i'+ f! s ~ ; t ~. ~ ~ '' lr~.,, y. .. ~ _,e~ h «. > -~ ~ ~ _ - , , _ : '~ Y ~.~ i ~ ..,g+s, ~' ~ ,may, '~ ~• s„ h * ~ _ a s ~ ,~ ti y +.t f .. a . , ~ ,$ .~ c. , ~ . ._ ~"V~ ." 1 .~ _ _ ~ ;'~'W~'x* ..~ .ivy, ~ ' _ j~ ~M1 Q __ 1-~ t ~ 1 ~~ ; , ~~,y ~+t ~ ~T ,e ~.'j"C_G . _ ~ '. ~r .~"~~ 'fit ~V ~. d 'E ~ 4yti}' ~'4 }y. I t _ ~ , _ tw 7 i ~ "°' ~ .'fy 3~ ` `a am .r i A - " K ' , i ~ `'f ~ / }' ~~ ~ 1 ' ~ ~ ~..: ~ ac^~ '~ ,~, ^ s ~ ~r k ~ } ~' i y~ .;i / ~ - k 9 ,.~ '63S k ~. .i 'y~.~ ` p 4 S ~ ~ ~ ~ ~ ~ ~ " s $ , e, -; '~,Y y ~ h~~ 9S ..r ~ apt & a~3tme ~~ 1 'F '.a'p't r r`. `~ a ~'~~ t~ ''~Yf -a^~ 3` '~> .f:, k .fir.. ~"~. ..a ., ....nr. ..~ _~. s ~~ Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 10-293 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SIDEWALK INFILL PROJECT, 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, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. 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 amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 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 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 City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, before 2:30 p.m. on the 1St day of July, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 12t day of July, 2010, or at a special meeting called for that purpose. Passed and approved this 1st day of June , 20 l0 MAYOR ATTEST: ~ ~u-~ CIT ERK Approved by CAA. /cti.t-~~+.c.r~nL ~~~B2,r~-~ City Attorney's Office S ~2S I ( O Pweng/resl10Sidewalklnfill-res-appp&s.doc 5/10 Resolution No. 10-293 Page 2 It was moved by sailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x X X -~ x x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ~_- Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 10-294 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING PROJECT, 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, 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. 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 amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 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 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 City of Iowa City, Iowa, at the office of the City Clerk at the City Hall, before 10:00 am on the 30th day of June, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon refered to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 12th day of July, 2010, or at a later date and/or time as determined by the Director of Public Works or designee. Passed and approved this 1st day of June , 2010. ATTEST: ~~ City lerk ~~ ~- Mayor Approved by: /,~ City Attorney's Office S~~s ~~~ Resolution No. ~0-294 Page 2 It was moved by Mims and seconded by Wri ghr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x ~- x x x x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc r - ~~-~p~~ CITY OF IOWA CITY 7 ~ ,~, ,,~~ ®~~~ M E M O RA N D U M DATE: May 26, 2010 TO: Dale Helling, Acting City Manager FROM: Ron Knoche, City Engineer RE: FY2011 Asphalt Resurfacing Project The FY2011 Asphalt Resurfacing Project will overlay the following streets: Jefferson Street -from Dubuque Street to Dodge Street Scott Boulevard -from Rochester Avenue to Court Street Burlington Street -from Summit Street to Muscatine Avenue Muscatine Avenue -from Jefferson Street to Court Street Evans Street Seventh Avenue -from Court Street to Muscatine Avenue Dodge Street -from Governor Street to Burlington Street Riverside Drive -from McCollister Boulevard to 1100' North City Park (Trails +Parking Lot) Airport Interior Drive Loop /Parking Area In addition, the following streets will be chipsealed: Napoleon Street -from Sand Road to Wastewater Treatment Plant Sycamore Street East/West -from Sycamore South to Sand Road Slothower Road Hebl Avenue (Landfill + Interior Pads) Taft Avenue -from Lower West Branch Road to Court Street Maier Avenue -from Rohret Road to City Limits Riverside Drive -from McCollister Boulevard to 1,200' South 06-01-10 ~~,®,~ CITY O F 1 0 V4! A C t T Y 13 ~ ~~~~~~~ RAC ~~ ~~ ~~_ Date: May 26, 2010 To: City Council From: Jeff Davidson, Director of Planning & Community Dev p ent Wendy Ford, Economic Development Coordinator Re: May 25, 2010 Economic Development Committee meeting, agenda item 13: Moss Green Urban Village TIF Development Agreement We have had several discussions with you regarding the arrangement we are working out for extension of municipal infrastructure to the Moss Green Urban Village site. The developer is responsible for the construction of all roadway, storm sewer, sanitary sewer, and water service infrastructure to enable the site to be developed. An agreement, attached for your consideration, has been drafted which would use Tax Increment Financing (TIF) funds to reimburse the developer for the expense of the public infrastructure to serve the development site. Details of the agreement are still being negotiated. Following is a summary of the salient points of the proposed agreement, in the order in which they appear: 1. The developer may not seek tax exempt status or locate a tax exempt business in the development site. 2. The developer is required to construct the minimum improvements in accordance with City standards. The minimum improvements are defined as installation of streets, street lighting, sanitary sewers, storm sewers, sanitary sewer trunkline extension, sanitary sewer lift station, sanitary sewer force main extension, water main extension, waterlines, sidewalks, extension of Oakdale Boulevard and Moss Place, together with other related site improvements, public utilities, public utility extensions, as well as all design, engineering, inspection, construction supervision, legal and financing costs. 3. The developer is required to construct the minimum improvements within ten years. After ten years the developer has the option to provide an escrow for 110% of the cost of the remaining improvements and provide the property necessary for the construction. 4. The amount of tax increment generated will be certified annually and the developer will provide proof that all property taxes have been paid. 5. The City will make up to 20 annual grants to the developer, commencing in 2014 and ending in 2033, not to exceed $13.7 million which is the estimated expense of the minimum improvements that have been agreed to by the City. 6. The annual economic development grants will be equal to 50% of the newly created tax increment from the property. 7. Total economic development grants paid to the developer will be the lesser of: a) 20 years of 50% of the tax increment collected; b) the actual cost of the minimum improvements; or c) $13.7 million. 8. Grants are payable only from the Moss Green TIF account, which is created by the new incremental property taxes derived from new development on the Moss Green property. Let us know if you have any questions. cc: Sarah Holecek ~i~ Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN MOSS GREEN DEVELOPMENT CORPORATION AND THE CITY OF IOWA CITY FOR THE DEVELOPMENT OF MOSS GREEN URBAN VILLAGE WHEREAS, by Resolution No. 10-137, adopted on April 27, 2010, the City Council approved and adopted an urban renewal plan for the area designated as the "Moss Green Urban Village Urban Renewal Plan Area"; with stated objectives including the revitalization and development of an economic development area in the City of Iowa City; and WHEREAS, the City has received a proposal from Moss Green Development Corporation (the Developer), in the form of a proposed Agreement for Private Redevelopment (the "Agreement") by and between the City and the Developer, pursuant to which, among other things, the Developer would agree to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Moss Green Urban Village Urban Renewal Area as legally described in the Agreement hereto and incorporated herein by this reference (defined in the agreement as the "Development Property"), and upon completion of said Minimum Improvements, the Developer will be eligible for a Economic Development Grants; and WHEREAS, the Agreement further proposes that the City provide up to twenty (20) consecutive annual Economic Development Grant payments, the total, aggregate amount not to exceed the lesser of $13,700,000, fifty percent (50%) per fiscal year of the Tax Increments collected by the City on the Development Property or the actual evidenced costs of said minimum improvements, commencing no later than June 1, 2015 and ending on June 1, 2034, pursuant to Section 403.9 of the Urban Renewal Act, under the terms and following satisfaction of the conditions set forth in the Agreement; and WHEREAS, the Economic Development grants will be funded by placing 50% of the tax increment proceeds generated within the urban renewal area into an account specifically designated for those grants and the City will retain 50% of the tax increment proceeds for future incentives to businesses wishing to locate within the urban renewal area; and WHEREAS, the Iowa Code Chapters 15A and 403 (the "Urban Renewal Law") authorize cities to make loans and grants for economic development in furtherance of the objectives of an urban renewal project and to appropriate such funds and make such expenditures as may be necessary to carry out the purposes of said Chapters, and to levy taxes and assessments for such purposes; and WHEREAS, the Council has determined that the Agreement is in the best interests of the City and the residents thereof and that the performance by the City of its obligations thereunder is a public undertaking and purpose and in furtherance of the Urban Renewal Plan and the Urban Renewal Law and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code, as amended. Resolution No. Page 2 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 Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, and Moss Green Development Corporation, which is attached hereto and made a part thereof. Passed and approved this day of June, 2010. MAYOR ATTEST: CITY CLERK It was moved by and seconded by Resolution be adopted, and upon roll call there were: Ap roved„by' ,~ . %~ ~ ity Att rney's f~c 5-Z~ 10 AYES: NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright the AGREEMENT FOR PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND MOSS GREEN DEVELOPMENT CORPORATION FOR DEVELOPMENT IN THE CITY OF IOWA CITY, IOWA -1- AGREEMENT FOR PRIVATE DEVELOPMENT THIS AGREEMENT FOR PRIVATE DEVELOPMENT (the "Agreement"), is entered into this day of , 2010, by and between the City of Iowa City, Iowa, a political subdivision (the "City") established pursuant to the Code of Iowa and acting under the authorization of Chapter 403 of the Code of Iowa, 2009, as amended, (hereinafter called the "Urban Renewal ., Act) and Moss Green Development Corporation, an Iowa corporation, having an office for the transaction of business at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 (the "Developer"). WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the revitalization and development of an economic development area in the City of Iowa City, Iowa, and, in this connection, is engaged in carrying out urban renewal project activities in an area known as the Moss Green Urban Village Urban Renewal Plan Area, which area is described in the Moss Green Urban Renewal Plan, approved for such area by Resolution No. 10-137 on April 27, 2010; and WHEREAS, a copy of the foregoing Urban Renewal Plan, as amended, has been recorded among the land records in the office of the Recorder of Johnson County, Iowa; and WHEREAS, the Developer has the right to occupy certain real property located in the foregoing Urban Renewal Area as more particularly described in Exhibit A attached hereto and made a part hereof (which property as so described is hereinafter referred to as the "Development Property"); and WHEREAS, the Developer is willing to cause certain infrastructure and other improvements to be constructed on the Development Property and thereafter to cause the same to be administered in accordance with this Agreement; and WHEREAS, the City believes that the development of the Development Property pursuant to this Agreement and the fulfillment generally of this -2- Agreement are in the vital and best interests of the City and in accord with the public purposes and applicable provisions of State and local laws and requirements under which the foregoing project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I. DEFINITIONS Section 1.1. Definitions. In addition to other definitions set forth in this Agreement, all capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement and all appendices hereto, as the same may be from time to time modified, amended or supplemented. Certificate of Completion means one or more certifications in the form of the certificate attached hereto as Exhibit C provided to the Developer pursuant to Section 3.4 of this Agreement. City means the City of Iowa City, Iowa. Code means the Code of Iowa, 2009, as amended. Construction Plans means the plans, specifications, drawings and related documents reflecting the construction work to be performed by the Developer on the Development Property; the Construction Plans shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the city engineer and/or building inspector of the City as required by applicable City codes. Count means the County of Johnson, Iowa. Develo er means Moss Green Development Corporation, an Iowa Corporation, and its successors and assigns to the extent permitted in this Agreement. -3- Development Property means that portion of the Urban Renewal Area of the City described in Exhibit A attached hereto. Economic Development Grants mean the Tax Increment payments to be made by the City to the Developer under Article VIII of this Agreement. Event of Default means any of the events described in Section 10.1 of this Agreement. First Mortgage means any Mortgage granted to secure any loan made pursuant to either a mortgage commitment obtained by the Developer from a commercial lender or other financial institution to fund any portion of the construction costs of the Minimum Improvements, or all such Mortgages as appropriate. Minimum Improvements shall mean the construction of the sanitary sewer trunk line extension, sanitary sewer lift station, force main extension, water main extension, extension of Oakdale Boulevard and Moss Place, together with storm sewer and other related site improvements as outlined in Exhibit "B" attached hereto and incorporated herein. Minimum improvements shall include the Developer's legal, engineering and design expenses to facilitate the development and the costs of financing the construction of said Minimum Improvements. Mortgage means any mortgage or security agreement in which the Developer has granted a mortgage or other security interest in the Development Property, or any portion or parcel thereof, or any improvements constructed thereon. Moss Green Development Corporation -Moss Green TIF Account No. 1 means a separate account within the Moss Green Urban Village Urban Renewal Tax Increment Revenue Fund of the City, in which there shall be deposited 50% of the Tax Increments received by the City with respect to the Development Property described in Exhibit A. Moss Green Urban Village Urban Renewal Area Tax Increment Fund means the special fund of the City created under the authority of Section 403.19(2) of the Code and the Ordinance, which fund was created in order to pay the principal of and interest on loans, monies advanced to, indebtedness or grants, whether funded, refunded, assumed or otherwise, including bonds or other obligations issued under the authority of Section 403.9 or 403.12 of the Code, incurred by the City to finance or refinance, in whole or in part, projects undertaken pursuant to the Urban Renewal Plan for the Development Property.. -4- Net Proceeds means any proceeds paid by an insurer to the Developer under a policy or policies of insurance required to be provided and maintained by the Developer, as the case may be, pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of such proceeds. Ordinance means Ordinance No. of the City, under which the taxes levied on the taxable property within the Development Property shall be divided and a portion paid into the Moss Green Urban Village Urban Renewal Tax Increment Revenue Fund of the City of Iowa City. Project means the construction and administration of the Minimum Improvements on the Development Property, as described in this Agreement. State means the State of Iowa. Tax Increments means the property tax revenues with respect to the Development Property added since the date of this Agreement that are divided and made available to the City by the Johnson County Auditor for deposit in the Moss Green Urban Village Urban Renewal Area Tax Increment Revenue Fund under the provisions of Section 403.19 of the Code and the Ordinance. Termination Date means the date of termination of this Agreement, as established in Section 12.9 of this Agreement. Unavoidable Delays means delays resulting from acts or occurrences outside the reasonable control of the party claiming the delay including but not limited to storms, floods, fires, explosions or other casualty losses, unusual weather conditions, strikes, boycotts, lockouts or other labor disputes, delays in transportation or delivery of material or equipment, litigation commenced by third parties, or the acts of any federal, State or local governmental unit (other than the City). Urban Renewal Plan means the Moss Green Urban Village Urban Renewal Plan, as amended, approved in respect of the Moss Green Urban Village Urban Renewal Plan of the City, described in the preambles hereof. ARTICLE II. REPRESENTATIONS AND WARRANTIES -5- Section 2.1. Representations and Warranties of the City. The City makes the following representations and warranties: (a) The City is a municipal corporation and political subdivision organized under the provisions of the Constitution and the laws of the State of Iowa and has the power to enter into this Agreement and carry out its obligations hereunder. (b) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the City is now a party or by which it is bound, nor do they constitute a default under any of the foregoing. Section 2.2 Covenants Obligations, Representations and Warranties of Developer. The Developer makes the following representations and warranties: (a) The Developer is a corporation duly organized and validly existing under the laws of the State of Iowa and has all requisite power and authority to occupy and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under the Agreement. (b) This Agreement has been duly and validly authorized, executed and delivered by the Developer and, assuming due authorization, execution and delivery by the City, is in full force and effect and is a valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Attached hereto and incorporated herein as Exhibit F is the opinion of Developer's counsel confirming this covenant. (c) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the Articles of -6- Incorporation and Bylaws of the Developer or its parents or subsidiaries of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. (d) There are no actions, suits or proceedings pending or threatened against or affecting the Developer in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position or results of operations of the Developer or which in any manner raises any questions affecting the validity of this Agreement or the Developer's ability to perform its obligations under this Agreement. (e) The Developer will cause the Minimum Improvements to be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan and all applicable local, State and federal laws and regulations, except for permitted variances necessary to construct the Minimum Improvements. Subject to unavoidable delay, construction of said Minimum Improvements shall be completed within ten (10) years of the execution of this Agreement, with the City's remedy for failure to complete same being the option to terminate this Agreement as outlined in Section 11.2, or, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. All construction plans for the Minimum Improvements shall be approved by the City in accordance with City construction standards prior to commencement of construction of same. The Developer acknowledges and agrees that Moss Place shall continue to be held by Developer as a private street, and the Developer shall continue to maintain such street unless and until Moss Place is otherwise dedicated to and accepted by an organized and viable lot owners' association; the City shall have no maintenance obligations for Moss Place. However, the Developer shall grant to the City, on behalf of the City and the general public at large, a public, emergency and -7- service vehicle access easement over Moss Place, the general terms of which shall be in the form of Exhibit E attached hereto. The Developer also acknowledges and agrees that certain outlots as indicated on the approved preliminary plat shall be held by Developer as private open space, and the Developer shall continue to maintain such open space unless and until the open space is otherwise dedicated to and accepted by an organized and viable lot owners' association; the City shall have no maintenance obligations for any private open space. (f) The Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met in connection with the Project. (g) The Developer represents that the Minimum Improvements, with the exception of Moss Place and the storm sewer serving Moss Place, all Stormwater Management Basins, wetlands and outlots to be held as private open space, shall be dedicated to the City subject to the terms of this Agreement, and shall exercise its best efforts to accomplish same in a timely manner. (h) The Developer has not received any notice from any local, State or federal official that the activities of the Developer with respect to the Development Property may or will be in violation of any environmental law or regulation (other than those notices, if any, of which the City has previously been notified in writing). The Developer is not currently aware of any State or federal claim filed or planned to be filed by any party relating to any violation of any local, State or federal environmental law, regulation or review procedure applicable to the Development Property, and the Developer is not currently aware of any violation of any local, State or federal environmental law, regulation or review procedure which would give any person a valid claim under any State or federal environmental statute with respect thereto. (i) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal, excessive noise or public safety problems which may arise in connection with the construction of the Minimum Improvements. -8- (j) The Developer would not undertake its obligations under this Agreement without the payment by the City of the Economic Development Grants being made to the Developer pursuant to this Agreement. (k) As a covenant running with the land, the Developer shall not, prior to the expiration of this agreement cause or voluntarily permit the Development Property and/or Minimum Improvements to become other than taxable property by applying for or seeking any industrial property tax exemption, by being owned by a utility or any other entity of a type where the assessed value of taxable property of such entity is not treated as taxable or as located within the Development Property, by being owned by any entity having tax exempt status or by applying for or seeking a deferral, abatement or exemption from property tax pursuant to any present or future statute or ordinance. Developer agrees to memorialize this requirement as a covenant and restriction within any deed issued for any real estate contained, in whole or part, within the Development Property. Said deed restriction shall take the form of the language outlined in this paragraph. (I) Upon completion of the Minimum Improvements or a portion thereof, and after the City has issued a Certificate of Completion, the Developer will provide the City with a deed to convey the rights for said public improvements and related rights of way free and clear of all liens pursuant to section 2.2(e). (m) In amplification, and not in restriction of, the provisions of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 2.2 hereof, both for and in its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall run in favor of the City, without regard to whether the City has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. ARTICLE III. CONSTRUCTION AND DEVELOPMENT REQUIREMENTS -9- Section 3.1 Construction of Minimum Improvements. The Developer agrees that it will cause the Minimum Improvements and all related site improvements, as more fully described on Exhibit "B" attached hereto, to be constructed on the Development Property in conformance with the Construction Plans submitted to, and approved by, the City. The Developer agrees that the scope and scale of the Minimum Improvements to be constructed shall not be significantly less than the scope and scale thereof as detailed and outlined in Exhibit "B" and the Construction Plans, as so approved. Section 3.2. Construction Plans. The Developer shall present the Construction Plans for the Minimum Improvements to the City for approval and shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable State and local laws and regulations. The City's approval of said Construction Plans shall be signified by the City issuing a building permit; and the City shall approve the Minimum Improvement Construction Plans contemporaneously with its approval of the Final Plat for the Moss Green Urban Village Subdivision. The Construction Plans shall (a) conform to the terms and condition of this Agreement; (b) conform to the terms and conditions of the Urban Renewal Plan; (c) conform to all applicable federal, State and local laws, ordinances, rules and regulations, and (d) shall be adequate for the purposes of this Agreement to provide for the construction of the Minimum Improvements. Provided, however, that any such approval of the Construction Plans pursuant to this Section 3.2 shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City for any other purpose, including but not limited to, any building, fire, zoning or other ordinances or regulations. Approval of the Construction Plans by City shall not relieve the Developer of any obligation to comply with the remaining terms and provisions of this Agreement, or the provisions of applicable federal, State and local laws, ordinances and regulations, nor shall approval of the Construction Plans by the City be deemed to constitute a waiver of any Event of Default. Approval of Construction Plans hereunder is solely for purposes under this section of this Agreement, and shall not constitute approval for any other City purpose or subject the City to any liability for the Minimum improvements or Minimum Improvements as constructed. Section 3.3 Commencement and Completion of Construction of Minimum Improvements. Subject to Unavoidable Delays, the Developer shall cause construction of the Minimum Improvements to be undertaken and completed in conformity with the Construction Plans approved by the applicable City building officials or any amendments thereto as may be approved by City building officials, -10- with construction of said Minimum Improvements to be completed within ten (10) years of the execution of this Agreement, with the City's remedy for failure to complete same being the option to terminate this Agreement as outlined in Section 11.2. However, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. The Developer agrees that it shall permit designated representatives of the City, upon reasonable notice to the Developer (which does not have to be written), to enter upon the Development Property during the construction of the Minimum Improvements in order to inspect such construction and the progress thereof. However, such inspection shall not relieve or release the Developer from the responsibility to construct said Minimum Improvements pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City to ensure construction of said improvements in accordance with said plans and specifications. Upon notice of completion of the Minimum Improvements, or any portion thereof then being dedicated to the City by the Developer, the City shall inspect the Minimum Improvements and determine whether they have been completed in accordance with this Agreement. If the City finds that the applicable portion of the Minimum Improvements has been duly completed and acceptance is in the best interests of the City, the City shall accept dedication of those completed Minimum Improvements. If the City determines that the Minimum Improvements are not acceptable, it shall notify the Developer within ten (10) days in the form described in Section 3.4 below. Section 3.4. Certificate of Completion for Minimum Improvements. Upon written request of the Developer, after completion of any or a portion of the Minimum Improvements, the City shall inspect, and if satisfied, shall accept said Improvements, and, after acceptance, furnish the Developer with a Certificate of Completion in recordable form, in substantially the form set forth in Exhibit C attached hereto. Such Certificate of Completion shall be a conclusive determination of satisfactory termination of the covenants and conditions of this Agreement solely with respect to the obligations of the Developer to construct the applicable portion of the Minimum Improvements. The Certificate of Completion may be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Development -11- Property at the Developer's sole expense. If the City shall refuse or fail to provide a Certificate, of Completion in accordance with the provisions of this Section 3.4, the City shall, within twenty (20) days after written request by the Developer, provide the Developer with a written statement indicating in adequate detail in what respects the Developer has failed to complete the applicable portion of the Minimum Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such Certificate of Completion. ARTICLE IV. RESERVED ARTICLE V. INSURANCE Section 5.1. Insurance Requirements. (a) Insurance During Construction. Developer will provide and maintain (or cause to be maintained in the case of construction by another entity) at all times during the process of constructing the Minimum Improvements, at its sole cost and expense (prior to acceptance of dedication of any applicable portion by City) (and, from time to time at the request of the City, furnish the City with proof of payment of premiums on) insurance as follows: (~) Insurance, against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured through property policies against risk by similar businesses, including (without limitation the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse in an amount not less than the full insurable replacement value of the Minimum Improvements, but any such policy may have a deductible amount of not more than $250,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" shall mean the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the -12- request of the City, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid for by the Developer and approved by the City. (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, contractual liability and personal injury liability for injuries to persons and/or property, including any injuries resulting from the operation of automobiles or other motorized vehicles on or about the development property) with limits against bodily injury and property damage of at least $1,000,000 per occurrence and for each year. The City shall be named as an additional insured for the City's liability or loss arising out of or in any way associated with the project and arising out of any act, error, or omission of Developers; Developers' directors, officers, shareholders, contractors and subcontractors or anyone else for whose acts the City may be held responsible (with coverage to the City at least as broad as that which is provided to Developers and not lessened or avoided by endorsement). The policy shall contain a "severability of interests" clause and provide primary insurance over any other insurance maintained by the City. (ii) Worker's compensation insurance, with statutory coverage. (b) All insurance required by this Article V to be provided prior to the Termination Date shall be taken out and maintained in responsible insurance companies selected by the Developer which are authorized under the laws of the State of Iowa to assume the risks covered thereby. The Developer will deposit annually with the City copies of policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V, each policy shall contain a provision that the insurer shall not cancel or modify it without giving written notice to the Developer and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Developer shall furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V, or that there is no necessity therefore under the terms hereof. In lieu of separate policies, the Developer may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which -13- event the Developer shall deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (c) The Developer agrees to notify the City immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net Proceeds of any such insurance shall be paid directly to the Developer, and the Developer will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Developer will apply the Net Proceeds of any insurance relating to such damage received by the Developer to the payment or reimbursement of the costs thereof. (d) The Developer shall complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are sufficient. ARTICLE VI. COVENANTS OF THE DEVELOPER Section 6.1. Maintenance of Properties. The Developer will maintain, preserve and keep the Development Property and the Minimum Improvements in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. This duty shall cease as to any Minimum Improvements dedicated to or conveyed to and accepted by the City, and/or upon a permitted sale of any Minimum Improvements. Section 6.2. Maintenance of Records. The Developer will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of the Developer in accordance with generally accepted accounting principles, consistently applied throughout the period involved, and the Developer will provide reasonable protection against loss or damage to such books of record and account. Section 6.3. Compliance with Laws. The Developer will comply with all applicable laws, rules and regulations relating to the Development Property. -14- Section 6.4. Non-Discrimination. In constructing the Minimum Improvements and selling lots within the Development Property, the Developer shall not discriminate against any person because of race, creed, color, sex, national origin, age, gender identity, marital status, religion, disability or sexual orientation. The Developer shall ensure that applicants, employees, potential purchasers and tenants are considered and are treated without regard to their race, creed, color, sex, national origin, age, gender identity, marital status, religion, physical disability, sexual orientation or familial status Section 6.5 Reserved. Section 6.6. Reserved. Section 6.7. Annual Certification. To assist the City in monitoring the performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City for each phase of the project the following: (a) a written statement from the County Auditor showing the amount of estimated Tax Increments (as defined in Section 1.1 of this Agreement) in respect of each phase of the project (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property due and payable by Developer or other third parties have been paid for the prior fiscal year; and (c) certification that such officer has re-examined the terms and provisions of this Agreement and, to the best of that officer's knowledge and belief at the date of such certificate, and during the preceding twelve (12) months, the Developer was not in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the given of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and actions taken to correct any such default; (d) receipts, invoices and any other proof of payment or expense for which it seeks reimbursement for construction of the Minimum Improvements with a corresponding spreadsheet in both hard-copy and electronic format. Such statement, proof and certificate described above, shall be provided to the City for each phase of the Project not later than November 1 of each year, commencing November 1, 2011. -15- ARTICLE VII. ASSIGNMENT AND TRANSFER Section 7.1. Status of the Developer; Transfer of Substantially All Assets. As security for the obligations of the Developer under this Agreement, the Developer represents and agrees that, prior to the Termination Date, the Developer will maintain its existence as an adequately capitalized corporation and will not wind up or otherwise dispose of all or substantially all of the Minimum Improvements and Development Property, or assign, participate, or otherwise act in such manner as to convey to any third party any interest in this Agreement to any other party unless (i) the transferee, partnership, corporation, limited liability company or individual assumes in writing all of the obligations of the Developer under this agreement and (ii) the City consents thereto in writing in advance thereof, which consent shall not be unreasonably denied, delayed or withheld. Notwithstanding the foregoing, however, or any other provisions of this Agreement, the Developer may (1) pledge any and/or all of its assets and real estate as security for any financing of the Minimum Improvements or construction of other improvements on the Project to a commercial lender, or; (2) sell one or more individual lots in the Development Property to third parties after approval of a final plat containing the Minimum Improvements or a portion thereof in accordance with the terms of any Subdivider's Agreement for said final plat. ARTICLE VIII. ECONOMIC DEVELOPMENT GRANTS Section 8.1. Economic Development Grants. (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Development propertyand the Urban Renewal Act, the City agrees to make up to a maximum of twenty (20) annual grants to the Developer, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and subject to the terms of this Article VIII. Such annual grants will commence once the developer requests to certify debt, which must occur no later than November 1 of 2013 (the Developer may certify debt in advance of this deadline). If the Developer wishes to certify debt and the City certifies debt to the County Auditor per section 6.7, the Developer shall receive the first economic development grant on June 1 following the fiscal year after such certification (for example, if the City shall certify to the County prior to December 1 of the year of -16- Developer's request, it shall be eligible for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on June 1 of that fiscal year. (Example: if Developer and the City each so certify in November 2012, the first Economic Development Grant would be paid to Developer on June 1, 2014.) Such economic development grants shall cease when the total of all grants is equal to the lesser of $13,700,000, the total amount of certified expenditures on the Minimum Improvements or twenty (20) years from the date of the first certification of debt. All annual grants shall be equal to fifty percent (50%) per fiscal year of the Tax Increments or the total of receipts, invoices and any other proof of payment or expense for which it seeks reimbursement (whichever is less) for construction of the Minimum Improvements per section 6.7 (unless the total grant amount of $13,700,000 or twenty (20) years from the date of certification is reached first) collected by the City with respect to the Development Property pursuant to Section 403.9 of the Urban Renewal Act under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve month period in respect of the Development Property and Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants"). (b) The obligation of the City to .make an Economic Development Grant to the Developer in any year shall be subject to and conditioned upon the terms of this Article and timely filing by the Developer of the annual statement, proof and certification required under Section 6.7 hereof. Beginning with the first November 1 certification, if such annual statement, proof and certification is timely filed and contains the information required under Section 6.7 and the City approves of the same, the City shall certify to the appropriate County office prior to December 1 of that year its request for the available Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by the County as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer pursuant to 8.1(a). (For example, if the -17- Developer and the City each so certify on November and December 2012, respectively, the first Economic Development Grant would be paid to the Developer on June 1, 2014). (c) In the event that the annual statement, proof or certificate required to be delivered by the Developer under Section 6.7 is not delivered to the City by November 1 of any year, the Developer recognizes and agrees that the City may have insufficient time to review and approve the same and certify its request for Tax Increments to the County and that, as a result, no Economic Development Grant may be made to the Developer in respect thereof. The City covenants to act in good faith to appropriately review and consider any late certification on the part of the Developer, but the City shall not be obligated to make any certification to the County for the available Tax Increments or make any corresponding payment of the Economic Development Grant to the Developer if, in the reasonable judgment of the City, it is not able to give appropriate consideration (which may include, but not be limited to, specific discussion before the City Council at a regular meeting with respect thereto) to the Developer's certification due to its late filing. In the event Developer fails to timely file an annual statement, proof or certificate due to an Unavoidable Delay and, as a result, an Economic Development Grant cannot be made, Developer may give written notice to the City and, if the City finds that Developer's failure is due to an Unavoidable Delay, the missed Economic Development Grant shall be made in the year succeeding the last scheduled Economic Development Grant under Section 8.1, subject to Developer's filing under Section 6.7 and all other provisions of this Article VIII with respect to such grant, it being the intention of the parties to allow twenty (20) annual Economic Development Grants if Developer is in compliance with this Agreement. (d) The total aggregate amount of all Economic Development Grants that may be paid to the Developer under this Agreement shall be equal to the lesser of: (a) 50% of the Tax Increments collected with respect to the assessments imposed on the Development Property as of January 1 after the date of first certification of debt and on January 1 of each of the following nineteen (19) years; (b) the actual cost of the Minimum Improvements for which bills and proof of payment have been submitted to the City as of the date of any payment, but constructed by the Developer; or c) Thirteen Million, Seven Hundred Thousand Dollars ($13,700,000). It is understood -18- and agreed by the parties hereto that no Economic Development Grant will be paid to the Developer unless and until Developer provides to the City bona fide copies of receipts, invoices and any other proof of payment or expense for each amount for which Developer seeks reimbursement as defined in Exhibit "B" of this Agreement. Economic Development Grants shall, at all times, be subject to suspension and termination, in accordance with the terms of this Article VIII and Article X. Thereafter, the taxes levied on the Development Property shall be divided and applied in accordance with the Urban Renewal Act and the Ordinance. The parties recognize that the total aggregate amount set forth above is a maximum amount only and that the actual amount of each Economic Development Grant will be determined after the Minimum Improvements are completed and valuations of the Development Property with the improvements thereon, have been determined by the City Assessor. (e) In the event that any certificate filed by the Developer under Section 6.7 or other information available to the City discloses the existence or prior occurrence of an Event of Default that was not cured or cannot reasonably be cured under the provisions of Article X (or an event that, with the passage of time or giving of notice, or both, would become an Event of Default that cannot reasonably be cured under the provisions of Article X), the City shall have no obligation thereafter to make any further payments to the Developer in respect of the Economic Development Grants and may proceed to take one or more of the actions described in Article X hereof. Section 8.2. Source of Grant Funds Limited. (a) The Economic Development Grants shall be payable from and secured solely and only by amounts deposited and held in the Moss Green Development Corporation-Moss Green TIF Account No. 1 of the City. The City hereby covenants and agrees to maintain the Ordinance in force during the term hereof and, subject to Developer compliance and annual appropriation by the City Council, to apply the incremental taxes collected in respect of the Development Property and allocated to the Moss Green Development Corporation- Moss Green TIF Account No. 1 to pay the Economic Development Grants, as and to the extent set forth in Section 8.1 hereof. The Economic Development Grants shall not be payable in any manner -19- by other tax increment revenues or by general taxation or from any other City funds. (b) Notwithstanding the provisions of Section 8.1 hereof, the City shall have no obligation to make an Economic Development Grant to the Developer if at any time during the term hereof the City fails to appropriate funds into the Moss Green Development Corporation- Moss Green TIF Account No. 1, or receives an opinion from its legal counsel or a controlling decision of an Iowa court having jurisdiction over the subject matter hereof to the effect that the use of Tax Increments resulting from the Development Property to fund an Economic Development Grant to the Developer, as contemplated under said Section 8.1, is not authorized or otherwise an appropriate project activity permitted to be undertaken by the City under the Urban Renewal Act or other applicable provisions of the Code, as then constituted. The right of non-appropriation reserved to the City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that the City's obligation to make future Economic Development Grants shall not constitute a legal indebtedness of the City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction to create, or result in the creation of, such a legal indebtedness of the City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default by the City shall be deemed to have occurred as a result thereof: If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision. To this end the provisions of this Agreement are severable. (c) The City makes no representation with respect to the amounts that may finally be paid to the Developer as the Economic Development Grants, and under no circumstances shall the City, its agents, governing body members, attorneys, employers, successors or assigns, in any manner be liable to the Developer so long as the City timely applies the Tax Increments actually collected and held in the Moss Green Development Corporation-Moss Green TIF Account No. -20- 1 (regardless of the amounts thereof) to the payment of the Economic Development Grants to the Developer, as and to the extent described in this Article. Section 8.3. Use of Other Tax Increments. Subject to this Article VIII, the City shall be free to use any and all Tax Increments collected in respect of increases in valuation on the Development Property or any other properties within the Urban Renewal Area, or any available Tax Increments resulting from the suspension or termination of the Economic Development Grants under Section 8.1 hereof, for any purpose for which the Tax Increments may lawfully be used pursuant to the provisions of the Urban Renewal Act, and the City shall have no obligations to the Developer with respect to the use thereof. ARTICLE IX. INDEMNIFICATION Section 9.1. Release and Indemnification Covenants. (a) The Developer releases the City and the governing body members, officers, agents, attorneys, servants and employees thereof (hereinafter, for purposes of this Article IX, the "Indemnified Parties") from, covenants and agrees that the Indemnified Parties shall not be liable for, and agrees to indemnify, defend and hold harmless the Indemnified Parties against, any claim, demand, lawsuit, loss or damage to any person in connection with the Minimum Improvements, the Development Property or this Agreement. (b) Except for any willful misrepresentation or any willful or wanton misconduct or any unlawful act of the indemnified parties, the Developer agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from (i) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by the Developer against the City to enforce his rights under this Agreement), (ii) the acquisition and condition of the Development Property and the construction, installation, ownership, and administration of the Minimum Improvements or (iii) any hazardous substance or environmental contamination located in or on the Development Property relating to conditions caused by Developer after the effective date of this Agreement. -21- (c) The indemnified parties shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, servants or employees or any other person who may be on or about the Minimum Improvements due to any act of negligence of any person, other than any act of negligence on the part of any such indemnified party or its officers, agents, servants or employees. (d) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, attorney, servant or employee of the City in the individual capacity thereof. (e) The provisions of this Article IX shall survive the termination of this Agreement. ARTICLE X. DEFAULT AND REMEDIES Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by the Developer to cause the construction of the Minimum Improvements to be commenced and completed within ten (10) years of the execution of this agreement and pursuant to the terms, conditions and limitations of this Agreement; However, if the developer provides an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, the City shall not have the option to terminate the agreement as outlined in Section 11.2. (b) Transfer of any interest (either directly or indirectly) in this Agreement or the Development Property and minimum improvements in violation of the provisions of Article VII of this Agreement; -22- (c) Failure by the Developer to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement; (d) If the holder of any Mortgage on the Development Property owned by Developer, or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default by Developer under the applicable Mortgage documents; (e) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended, or under any similar federal or State law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated as bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or State law shall be filed in any court and such petition or answer shall not be discharged or denied within, ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of the Developer or the Development Property or part thereof, shall be appointed in any proceedings brought against the Developer, and shall not be discharged within ninety (90) days after such appointment, or if the Developer shall consent to or acquiesce in such appointment; (f) If any representation or warranty made by the Developer in this Agreement, or made by the Developer in any written statement or certificate furnished by the Developer pursuant to this Agreement which shall be proven to have been incorrect, incomplete or misleading and such misstatement was known by Developer at the time it was made, in any material respect on or as of the date of the issuance or making thereof. -23- Section 10.2. Remedies on Default. Whenever any Event of Default referred to in Section 10.1 of this Agreement occurs and is continuing, the City as specified below, may take any one or more, or a combination, of the following actions after (except in the case of an Event of Default under subsection (d) or (e) of said Section 10.1, in which case action may be taken immediately) the giving of thirty (30) days' written notice by the City to the Developer and the holder of the First Mortgage (but only to the extent the City has been informed in writing of the existence of a First Mortgage and been provided with the address of the holder thereof) of the Event of Default, but only if the Event of Default has not been cured within said thirty (30) days and the Developer does not provide assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible: (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement; (b) The City may terminate this Agreement; (c) The City may withhold a Certificate of Completion; (d) The City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to recover damages or to enforce performance and observance of any obligation, agreement, or covenant of the Developer, as the case may be, under this Agreement; or (e) The City shall be entitled to recover from the Developer, and the Developer shall re-pay to the City, as amount equal to all Economic Development Grants previously made to the Developer under Article VIII hereof, and the City may take any action, including any legal action it deems necessary, to recover such amount from the Developer. Section 10.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power -24- accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 10.5. Agreement to Pay Attorneys' Fees and Expenses. Whenever any Event of Default occurs and either party shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement herein contained, the party in default agrees that it shall, on demand therefor, pay to the other party the reasonable fees of such attorneys and such other expenses as may be reasonably and appropriately incurred by them in connection therewith. ARTICLE XI. OPTION TO TERMINATE AGREEMENT Section 11.1. Developer's Option to Terminate. This Agreement may be terminated by the Developer if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof; and (ii) the City fails to appropriate under Section 8.2(b) hereof, or fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure within ninety (90) days of receipt of such notice, or, if such action cannot reasonably be cured by the City within ninety (90) days of receipt of such notice, the City has not provided assurances reasonably satisfactory to the Developer that such action will be cured as soon as reasonably possible. Section 11.2. City's Option to Terminate. This Agreement may be terminated by the City if (i) the City is in compliance with all material terms of this Agreement and no Event of Default has occurred which has not been cured in accordance with the provisions of Section 10.2 hereof (with the exception of nonappropriation under Section 8.2(b)); and (ii) the Developer fails to complete all of the Minimum Improvements outlined in Exhibit "B" within ten (10) years of the execution of this agreement and fails to provide an escrow for 110% of the costs of the remaining minimum improvements (as determined by an estimate per the City engineer), which escrow may be utilized by the City for the construction of -25- remaining minimum improvements, and dedicates to City the property necessary for the construction of said remaining minimum improvements, or (iii) Developer fails to comply with any material term of this Agreement, and, after written notice by the City of such failure, the Developer has failed to cure within ninety (90) days of receipt of such notice, or, if such action cannot reasonably be cured by the Developer within ninety (90) days of receipt of such notice, the Developer has not provided assurances reasonably satisfactory to the City that such action will be cured as soon as reasonably possible. Section 11.3. Effect of Termination. If this Agreement is terminated pursuant to this Article XI, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that the City's rights to indemnification under Article IX hereof shall in all events survive and provided further that the termination of this Agreement shall not affect the rights of any party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by another party, or to recover amounts which had accrued and become due and payable as of the date of such termination. In any such action, the prevailing party shall be entitled to recover its reasonable attorneys fees and related expenses incurred in connection therewith (but only, in the case of the City to the extent permitted by applicable law). Upon termination of this Agreement pursuant to this Article XI, the Developer shall be free to proceed with the construction and administration of the Minimum Improvements at its own expense and without regard to the provisions of this Agreement. ARTICLE XII. MISCELLANEOUS Section 12.1. Conflict of Interest. The Developer represents and warrants that, to its best knowledge and belief after due inquiry, no officer, agent, attorney or employee of the City, or its designees or agents, nor any consultant or member of the governing body of the City, and no other public official of the City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision- making process or gain insider information with regard to the Project, has had or shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work or services to be performed in connection with the Project, or in any activity, or benefit therefrom, which is part of the Project at any time during or after such person's tenure. Section 12.2. Notices and Demands. A notice, demand or other communication under this Agreement by any party to the other shall be -26- sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) In the case of the Developer, is addressed or delivered personally to the Developer at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 with a copy to Developer's attorney addressed to Mark C. Danielson, Leff Law Firm, L.L.P., 222 South Linn Street, Iowa City, Iowa 52240. (b) In the case of the City, is addressed to or delivered personally to the City at the City Hall, 410 E. Washington Street, Iowa City, Iowa 52240, Attn: City Clerk, with a copy to the City Attorney at the same address; or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. Section 12.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 12.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 12.5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Iowa. Section 12.6. Memorandum of Agreement. The parties agree to execute and record a Memorandum of Agreement for Private Development, in substantially the form attached as Exhibit B, to serve as notice to the public of the existence and provisions of this Agreement, and the rights and interests held by the City by virtue hereof. The Developer shall pay all costs of recording. Section 12.7. Entire Agreement. This Agreement and the exhibits hereto reflect the entire agreement between the parties regarding the subject matter hereof, and supersedes and replaces all prior agreements, negotiations or discussions, whether oral or written. This Agreement may not be amended except by a subsequent writing signed by all parties hereto. -27- Section 12.8. Successors and Assigns. This Agreement is intended to and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 12.9. Termination Date. Unless terminated earlier, this Agreement shall terminate and be of no further force or effect on and after December 31, 2034. [Remainder of this page intentionally left blank. Signature pages to follow.] -28- IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor of the City and its seal to be hereunto duly affixed and attested by the Clerk, and the Developer has caused this Agreement to be duly executed in its name and behalf by its President, all on or as of the day first above written. (SEAL) ATTEST: By: Marian K. Karr, City Clerk CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor MOSS GREEN DEVELOPMENT CORPORATION By: Stephen Moss, President ATTEST: By: Title: -29- STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City by it voluntarily executed. Notary Public in and for the State of lows STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Moss and to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa -30- EXHIBIT A DEVELOPMENT PROPERTY The Development Property is described as consisting of all that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1/2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of- Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of-Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa A-1 and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. A-2 EXHIBIT B MINIMUM IMPROVEMENTS Minimum Improvements shall consist of the installation of streets, street lighting, sanitary sewers, storm sewers, sanitary sewer trunk line extension, sanitary sewer lift station, force main extension, water main extension, waterlines, sidewalks, extension of Oakdale Boulevard and Moss Place together with other related site improvements, public utilities, public utility extensions and the lands thereunder, as well as all design, engineering, inspection, construction supervision, legal and financing costs, within the Development Property directly related to the Minimum Improvements which are outlined and depicted on the Moss Green Urban Village Master Plan, approved Sensitive Areas Development Plan, approved Overlay Planned Development, the approved Preliminary Plat and as described in the Construction Plans to be submitted and approved by the City under Article III, all of which are incorporated by reference herein. The Developer shall submit copies of actual receipts, invoices and any other proof of payment or expense for which it seeks reimbursement for the Minimum Improvements as required by Section 8.1(d). It is anticipated that actual construction costs of the Minimum Improvements will be: MOSS GREEN URBAN VILLAGE Oakdale Boulevard Item Amount Unit Unit Cost Total $ $ Paving 35640 S.Y. 60.00 2,138,400 $ $ Trail 6072 S.Y. 25.00 151,800 $ $ Sidewalk 3036 S.Y. 20.00 60,720 $ $ Water Main 5400 L.F. 25.00 135,000 $ $ Water Main Encasement 675 L.F. 75.00 50,625 $ $ Bridges 39550 S.F. 70.00 2,768,500 $ $ Road Fill/Pond Excavation 270,000 C.Y. 4.00 1,080,000 $ $ Storm Water Chambers 300 E.A. 530.00 159,000 $ $ 15" Storm Sewer 5900 L.F. 30.00 177,000 $ $ Storm Sewer Intake 20 EA. 2,500.00 50,000 $ $ Street Lighting 1 L.S. 300,000.00 300,000 A-3 s Unforseen/Incedentals 10% S 7,071,045 707,105 7,778,150 Moss Place $ $ Paving with Trails, Porous Pavement, Parking 24000 S.Y. 60.00 1,440,000 S $ Water Main 5200 L.F. 25.00 130,000 $ $ Water Main Encasement 225 L.F. 75.00 16,875 $ $ Bridge 9000 S.F. 70.00 630,000 $ $ Road Fill/Pond Excavation 30,000 C.Y. 2.50 75,000 $ $ Storm Water Chambers 660 E.A. 530.00 349,800 $ $ 15" Storm Sewer 4800 L.F. 30.00 144,000 $ $ Storm Sewer Intake 34 EA. 2,500.00 85,000 $ $ Street Lighting 1 L.S. 200,000.00 200,000 Unforseen/Incedentals 10% $ 3,070,675 307,068 3,377,743 Sanitary Sewer New System $ $ 24" San. Sewer 6300 L.F. 360.00 2,268,000 $ $ 6" Force Main 6300 L.F. 18.00 113,400 $ $ 8" San. Sewer 4238 L.F. 26.00 110,188 S $ Lift station 180 TDH @ 200 gpm 1 L.S. 300,000.00 300,000 s Unforseen/Incedentals 10% $ 2,791,588 279,159 3,070,747 Fees Engineering, Legal, Accounting and others 906,000 Interest on Construction Loan(assumed 8 year return) 2,100,000 TOTAL PROJECT ESTIMATE 13,632,639 A-4 Prepared By: Return To: EXHIBIT C CERTIFICATE OF COMPLETION WHEREAS, the City of Iowa City, Iowa (the "City") and Moss Green Development Corporation, having an office for the transaction of business at 3354 Kenruth Circle NE, Iowa City, Iowa 52240 (the "Developer"), did on or about the day of , 2010, make, execute and deliver, each to the other, an Agreement for Private Redevelopment (the "Agreement"), wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and. as more particularly described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1 /2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of- Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of-Way line of Interstate 80, C-1 North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, the Agreement incorporated and contained certain covenants and restrictions with respect to the development of the Development Property, and obligated the Developer to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as they relate to the construction of said Minimum Improvements in a manner deemed by the City to be in conformance with the approved building plans to permit the execution and recording of this certification. NOW, THEREFORE, pursuant to Section 3.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Developer and are hereby released absolutely and forever terminated insofar as they apply to the land described herein. The County Recorder of Johnson County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of said Agreement 'with respect to the construction of the Minimum Improvements on the Development Property. C-2 All other provisions of the Agreement shall otherwise remain in full force and effect until termination as provided therein. (SEAL) By: ATTEST: gy: Marian K. Karr, City Clerk STATE OF IOWA ) SS COUNTY OF JOHNSON ) CITY OF IOWA CITY, IOWA Matthew J. Hayek, Mayor On this day of , 2010, before me a Notary Public in and for said County, personally appeared Matthew Hayek and Marian Karr, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Johnson County, Iowa C-3 EXHIBIT D MEMORANDUM OF AGREEMENT FOR PRIVATE DEVELOPMENT WHEREAS, City of Iowa City, Iowa, (the "City")and Moss Green Development Corporation (the "Developer") did on or about the day of June 2010, make, execute and deliver an Agreement for Private Development (the Agreement) wherein and whereby the Developer agreed, in accordance with the terms of the Agreement, to develop and maintain certain real property located within the City and more particularly described as follows: MOSS-GREEN URBAN VILLAGE A part of the subdivision of the Northeast One-Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, as recorded in Plat Book 1 at Page 11 in the Records of the Johnson County Recorder, Johnson County, Iowa, more particularly described as follows: Lots Four (4), Five (5) and Ten (10) and the South nine (9) acres of Lot Six (6), and the South 12-1 /2 acres of Lot Eight (8), all of the subdivision of Northeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, containing 60.67 acres, more or less; and All of the Northeast Quarter of the Southeast Quarter, a part of the Southeast Quarter of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line and the East 63.75 acres of the West Half of the Southeast Quarter lying North of the Interstate 80 Right-of-Way line, all of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa, .being more particularly described as follows: BEGINNING at the East Quarter Corner of Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 00°46'46" East, a distance of 1,980.54 feet to the North Right-of-Way line of Interstate 80; THENCE South 82°24'15" West, along the North Right-of-Way line of Interstate 80, a distance of 646.23 feet; THENCE continuing west along the North Right-of-Way line of Interstate 80, North 88°11'05" West, a distance of 1,731.77 feet; THENCE North 00°54'55" West, a distance of 2,023.65 feet to the North line of the Southeast Quarter of said Section 35, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; THENCE South 89°41'57" East, along said North line of the Southeast Quarter of Section 35, Township 80 North, Range 6 West of the Fifth C-4 Principal Meridian, Johnson County, Iowa, a distance of 2,376.88 feet to the POINT OF BEGINNING, containing 111.22 acres, more or less; and HILLS BANK & TRUST and NEAL N. LLEWELLYN: The Southwest Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa and that portion of The Southeast Quarter of the of the Northwest Quarter of Section 36, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa lying West of Iowa Highway 1 (North Dodge Street) containing 71.35 acres, more or less. WHEREAS, the terms of this Agreement shall commence on the day of June, 2010, and terminate on or about the 31St day of December, 2032, as set forth in the Agreement; and WHEREAS, the City and the Developer desire to record a Memorandum of the Agreement referring to the Development Property and their respective interests therein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That the recording of this Memorandum of Agreement for Private Development shall serve as notice to the public that the Agreement contains provisions restricting development and use of the Development Property and the improvements located and operated on such Development Property. 2. That all of the provisions of the Agreement and any subsequent amendments thereto, if any, even though not set forth herein, are by the filing of this Memorandum of Agreement for Private Development made a part hereof by reference, and that anyone making any claim against any of said Development Property in any manner whatsoever shall be fully advised as to all of the terms and conditions of the Agreement, and any amendments thereto, as if the same were fully set forth herein. 3. That a copy of the Agreement and any subsequent amendments thereto, if any, shall be maintained on file for public inspection during ordinary business hours in the Office of the City Clerk, City Hall, Iowa City, Iowa. C-5 IN WITNESS WHEREOF, the City and the Developer has executed this Memorandum of Agreement for Private Development as of the day of June, 2010. (SEAL) ATTEST: gy: Marian K. Karr, City Clerk CITY OF IOWA CITY, IOWA By: Matthew J. Hayek, Mayor MOSS GREEN DEVELOPMENT CORPORATION gy: Stephen Moss, President ATTEST: By: Title: C-6 STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said-City by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) COUNTY OF JOHNSON) On this day of , 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Moss and ~ to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa C-7 EXHIBIT E FORM OF PUBLIC, EMERGENCY AND SERVICE VEHICLE ACCESS EASEMENT AGREEMENT Prep'd by: Sarah E. Holecek, 1st Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319)356- 5030 PUBLIC, EMERGENCY AND SERVICE VEHICLE ACCESS EASEMENT AGREEMENT FOR MOSS GREEN URBAN VILLAGE THIS AGREEMENT made and entered into by and between Moss Green Development Corporation, an Iowa Corporation, hereinafter referred to as Developer, which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa, hereinafter referred to as City, which expression shall include its successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Developer hereby grants and conveys to the City, an easement which includes the right of public, emergency and City service access to the areas designated as "Moss Place", as shown on the Final Plat of Moss Green Urban Village, Iowa City, Johnson County, Iowa, which plat is attached hereto and by this reference made a part hereof. This Public, Emergency and Service Vehicle Access Easement (hereinafter "Public Access Easement") provides the City, City service vehicles and the general public with a means of ingress, egress and passage over the private street designated as Moss Place on said plat, whether by vehicle or other means. With regard to the above-described Public Access Easement over the private street designated as Moss Place, the Iowa City Police Department is hereby authorized to ticket, tow or cause to be towed, pursuant to the Code of Iowa, as amended, any motor vehicle that has been parked or placed upon the private street in violation of the parking laws of this City and State. This agreement shall serve as appropriate notice for such authorization to the Iowa City Police Department under the Code of Iowa, as amended. The Developer and its assigns hereby also agree to release, indemnify and hold harmless the City, its officers, employees, elected officials and agents from any damages, claim of damages or liability resulting from any ticketing or towing as authorized under the preceding paragraph. Additionally, the Iowa City Fire Department and other departments of the City are hereby granted an easement with the right of access over and across the above- described Public Access Easement on the private street designated as Moss Place on C-8 the final plat of Moss Green Urban Village, Iowa City, Iowa. Said right of access also includes the right of non-emergency and service vehicle access and the right to post signage forthe purposes of enforcing traffic laws and Fire Safety Standards underthe Uniform Fire Code, as amended. The City shall indemnify Developer against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining Moss Place or the easement area. The Developer reserves a right to use said easement area for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the~Developer shall not erect or construct any building, fence or other structures; plant any trees, drill or operate any well; or construct any reservoirs or other obstructions on said area. Nothing in this Agreement shall be construed to impose a requirement on the City to install the private improvement known as Moss Place at issue herein. Nor shall the Developer be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on the Developer until completion by the Developer. The Developer hereby covenants with the City that it is lawfully seized and possessed of the real estate above described, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. CITY OF IOWA CITY, IOWA By: ATTEST: By: Marian K. Karr, City Clerk Matthew J. Hayek, Mayor MOSS GREEN DEVELOPMENT CORPORATION By: Stephen Moss, President C-9 ATTEST: By: Title: STATE OF IOWA COUNTY OF JOHNSON On this day of , 2010, before me a Notary Public in and for said State, personally appeared Matthew J. Hayek and Marian K. Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA COUNTY OF JOHNSON On this day of , 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Moss and to me personally known, who being duly sworn, did say that they are the President and respectively of Moss Green Development Corporation and that said instrument was signed on behalf of said corporation; and that the said President and , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by them voluntarily executed. Notary Public in and for the State of Iowa C-10 EXHIBIT F FORM OF LEGAL OPINION City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 RE: Agreement for Private Development by and between the City of Iowa City, Iowa and Moss Green Development Corporation Gentlemen: As counsel for Moss Green Development Corporation (the "Developer"), and in connection with the execution and delivery of a certain Development Agreement (the "Development Agreement") between the Developer and the City of Iowa City, Iowa (the "City") dated as of 2010, we hereby render the following opinion: We have examined the original, certified copy, or copies otherwise identified to our satisfaction as being true copies of such documents and records as we have deemed relevant and necessary as a basis for the opinion set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: The Development Agreement has been duly and validly authorized, executed and delivered by Moss Green Development Corporation, and, assuming due authorization, execution and delivery by the other parties thereto, is in full force and effect and is valid and legally binding instrument of the Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Very truly yours, C-11 M-I~ 14 Prepared by: Marcia Klingaman, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 10-295 RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA'S SCULPTOR'S SHOWCASE. WHEREAS, the CITY, for the purpose of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Iowa Sculptor's Showcase on July 10, 2001 by Resolution No. 01-205, and WHEREAS, the Iowa Sculptor's Showcase, a concrete pad located on the downtown pedestrian mall northeast of the Weatherdance Fountain allows the opportunity for Iowa sculptors to display their work for approximately a year, and WHEREAS, the Iowa City Public Art Advisory Committee reviewed and approved the proposed sculpture by an Iowa artist at their May 6, 2010 meeting, and WHEREAS, a contract has been negotiated with the artist for display of his work on the showcase for a period from June 2, 2010 and ending no later than May 31, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement between the City of Iowa City and artist Bounnak Thammavong for the exhibition of his sculpture on the Iowa Sculptor's Showcase as described in the attached agreement for a period of June 2, 2010 and ending no later than May 31, 2011 be approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement. Pass and approved this 1st day of June , 2010. ATTEST: ~-~j~ _ `~"~~ CI LERK ~^~"~I MAYOR A raved~~ ;' = _ .,.~ . 'c City Att ey's ~e $=~S - (~ It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: NAYS: x X -~ x x x Wilburn the Resolution be ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Neighbor/res/thammovong.doc CITY OF IOWA CITY PUBLIC ART PROGRAM SCULPTOR'S SHOWCASE 2010/2011 AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT is made on June 1 2010 between the City of Iowa City, hereinafter referred to as the CITY, and Bounnak Thammavong, hereinafter referred to as the ARTIST. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for the purposes of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Iowa Sculptor's Showcase, a location on the downtown pedestrian mall provides a venue to exhibit the work of Iowa artists, and WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal by the ARTIST and hereinafter referred to as the ART WORK, for the sculpture to be placed on the downtown pedestrian mall on the Iowa Sculptor's Showcase. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services The CITY will exhibit the ART WORK described below on the Iowa Sculptor's Showcase, a concrete pad on the downtown pedestrian mall located approximately 50 feet northeast of the Weatherdance Fountain, for an exhibition period beginning no later than June 2, 2010 and ending no later than May 31, 2011. The ARTIST has voluntarily submitted the ART WORK described below for display on the Iowa Sculptor's Showcase. Article 2. Description of art work Title: "Seed" Material: Painted Steel Dimensions; 8' x 3' x 2' Fair Market (insurance) value: $2500 Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. 2 Article 4. Duration of Loan The ART WORK described by this agreement will not be released from loan from the time it is delivered to the CITY until the time of removal from the exhibition or the termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to exclusive possession of the ART WORK until the ART WORK has been released from loan. Unless otherwise notified in writing by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the expiration of the exhibition, and no special arrangements have been made, then the CITY shall have the right to dispose of the ART WORK in any manner whatsoever. In the event that ownership changes during the period of the loan, the new owner is required to establish his legal right by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the benefit of the parties, heirs, executors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to work with the CITY in planning for and installing the ART WORK prior to exhibition opening and will promptly remove the ART WORK after the conclusion of the exhibition. The City reserves the right to remove the ART WORK from the Iowa Sculptor's Showcase for any reason whatsoever. However, it is expressly understood and agreed that the acceptance and installation of the subject ART WORK is conditioned upon the feasibility of a safe and secure installation on the Iowa Sculptor's Showcase. If it is determined by the CITY, after arrival of the ART WORK or before then, that because of inherent qualities or attributes of the ART WORK it is not feasible or consistent with the budgeted resources to safely and securely install the ART WORK on the Iowa Sculptor's Showcase, the CITY shall be under no obligation to do so. In such case, the ART WORK shall be retrieved from the CITY by the ARTIST within 10 days of notification by the CITY, but the ARTIST shall nevertheless receive payment of the $500 honorarium. Article 6. Transportation and Delivery Transportation and delivery from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and assists the CITY with the installation of the ART WORK on the Iowa Sculpture's Showcase. Return to the ARTIST shall occur at the same location as delivery. Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this agreement. 3 Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to preserve the ART WORK, the ARTIST shall be given the first opportunity to make the necessary repairs under CITY supervision and within 30 days of notice by CITY of the need for repair. If the ARTIST has not effected satisfactory repairs within 30 days after notification that such repairs are required, then the CITY reserves the right to repair the ART WORK or to remove it to a safe location for storage. Except for the repairs specified herein, the CITY will not clean, retouch, or alter the ART WORK without consent of the ARTIST. Article 9. City Discretion Notwithstanding the dates of exhibition noted in Article 1 above, the CITY has the sole discretion to determine whether and for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK against casualty loss at a value specified by the ARTIST, but the amount specified by the ARTIST must reflect fair market value, and insurance coverage shall in no instance exceed $10,000 per ART WORK. At the CITY'S option, the CITY may self- insure the ART WORK, but in no instance shall the CITY'S liability for casualty loss exceed $10,000 per ART WORK. The ARTIST shall be included with the CITY as an insured on any policy covering such loss. The ARTIST agrees that in the event of loss or damage, recovery shall be limited to such amount, if any, determined by the insurer, hereby releasing the CITY from any further liability for claims arising from the loss or damage, and save and hold harmless the CITY from any and all losses, damages, suits, actions, or expenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be photographed and otherwise graphically reproduced by the CITY for noncommercial purposes. It is understood and agreed between the parties that ART WORKS displayed in the exhibition may be photographed by the general public. Article 12. Interpretation and Conflict of Laws This agreement cannot be modified expect by written instrument executed by both parties and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that he has full power to make this loan, he has read the conditions contained in this agreement, and that he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: ARTIST ~--''~ , J __ BoS nak Th vong ---_~_______-- 1232 Sandusky Drive Iowa City, Iowa 52240 OWNER ~~~ Matt Hayek, Mayor City of Iowa City, Iowa ATTEST e~ Marian .Karr City Clerk ~ ~/6 ytu t~ ct~ x,;.~. ..,; -° ~S~ ~~ ~ ~~ ~ ~ , ,~~ ~° ~,~ Y.., .. .,.,~ 'fir .~ .~` "~ .e ~. ~~i ~ ~ ~~_ m ~'ai ~ *~M r ~~~ ,~ ~ ~ $ '~ ~ ~ ~ ' ~ ~ '~ ~ ~. s _ ~`. ~ .~'~ ~. ~" ~' r ~ ~ ~ i s i ; ire c"k c Y~ ~'~ ~" , ; ~ ~ ~ .~ ::. ~ .'~ t~`~."~ ~~~~ Mi i ~ ~ ~~ Bounnak7harnmavong Entry: "Seed' Panted Steel ~' x~`x2' y proposed Final color to be corrt~leted fior tf~e st~.o~xvcase, '` ~. c- Inspired by sprouting maple Seeds, this inrm references the hidden beauty in unexp~~tt:d pl~t;es~ j,. sometin~,es all you need is to add a little kvater. 6t's a fitting syrr-rl~ol as louva pity recc~4~ers from the f~~ flood ~,vater~s. ~' ! ~ ~~ CITY OF IOWA CITY PUBLIC ART PROGRAM SCULPTOR'S SHOWCASE 2010/2011 AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT is made on June 2010 between the City of Iowa City, hereinafter referred to as e CITY, and Bounnak Thammavong, hereinafter referred to as the ARTIST. The CITY'S REP SENTATIVE shall be the Director of the Department of Planning and Community Developmen r his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for th purposes of fosterin appreciation of the arts, bringing attention to its downtown and giving I a artists an oppo unity to display their work in public, established the Iowa Sculptor's Showcas , a location on t e downtown pedestrian mall provides avenue to exhibit the work of Iowa artists, nd WHEREAS, the CITY, on the recom ndatio of the COMMITTEE, has accepted the proposal by the ARTIST and hereinafter referre to the ART WORK, for the sculpture to be placed on the downtown pedestrian mall on the a Sculptor's Showcase. A copy of said proposal as accepted is attached hereto as Exhibit ` " (hereinafter "Proposal"). NOW, THEREFORE, in consideration of th mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services The CITY will exhibit the ART WORK d scribed below on the Iowa Sculptor's Showcase, a concrete pad on the downtown pedestri mall located approxirii~tely 50 feet northeast of the Weatherdance Fountain, for an exhibi on period beginning no later than June 2, 2010 and ending no later than May 31, 2011. The ARTIST has voluntarily submit d the ART WORK described below,for display on the Iowa Sculptor's Showcase. Article 2. Description of art Title: "Seed" Material: Painted Steel Dimensions; 8' x 3' x 2' Fair Market (insurance) value: $2500 Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. 2 Article 4. Duration of Loan The ART WORK described by this agreement will not be released from loan from the time it is delivered to the CITY until the time of removal from the exhibition or the termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to exclusive possession of the ART WORK until the ART WORK has been released from loan. Unless otherwise notified in writi by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the e iration of the exhibition, and no special arr ngements have been made, then the CITY shall h ve the right to dispose of the ART WO Kin any manner whatsoever. In the event that owner hip changes during the period of the an, the new owner is required to establish his legal righ by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the nefit of the parties, heirs, ex utors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to work with the CITY in p nning for and i tailing the ART WORK prior to exhibition opening and will promptly remove the ART W K after the conclusion of the exhibition. The City reserves the right to rem e the AR WORK from the Iowa Sculptor's Showcase for any reason whatsoever. However, i acceptance and installation of the subject ART W safe and secure installation on the Iowa Sculptor' after arrival of the ART WORK or before then, that the ART WORK it is not feasible or consistent securely install the ART WORK on the Iowa Scul obligation to do so. In such case, the ART W ARTIST within 10 days of notification by the TY payment of the $500 honorarium. Article 6. Transportation and Delivery is expr sly understood and agreed that the RK i conditioned upon the feasibility of a s h case. If it is determined by the CITY, b ause of inherent qualities or attributes of w' the budgeted resources to safely and or's Showcase, the CITY shall be under no RK s II be retrieved from the CITY by the butt e ARTIST shall nevertheless receive Transportation and delivery from e ARTIST to the CITY s all be the responsibility of the ARTIST. Delivery will be comp) e when the ARTIST deliver and assists the CITY with the installation of the ART WORK the Iowa Sculpture's Showca e. Return to the ARTIST shall occur at the same location as elivery. Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this agreement. Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to preserve the ART WORK, the ARTIST shall be given the first opportunity to make the necessary repairs under CITY supervision and within 30 days of notice by CITY of the need for repair. If the ARTIST has not effected satisfactory repairs within 30 days after notification that such repairs are required, then the CITY reserves the right to repair the ART WORK or to remove it to a safe location for storage. Except for the repairs specified herein, the CITY will not clean, retouch, or alter the ART WORK without consent of the ARTIST. , Article 9. City Discretion Notwithstanding the dates of exhibi ~on noted in Article 1 abov the CITY has the sole discretion to determine whether and for how long the ART WORK all be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK again t casualty I s at a value specified by the ARTIST, but the amount specified by the ARTIST mu t reflect f r market value, and insurance coverage shall in no instance exceed $10,000 per ART WOR At the CITY'S option, the CITY may self- insure the ART WORK, but in no instance s all e CITY'S liability for casualty loss exceed $10,000 per ART WORK. The ARTIST shall e 'ncluded with the CITY as an insured on any policy covering such loss. The ARTIST agree that in the event of loss or damage, recovery shall be limited to such amount, if any, deter i ed by the insurer, hereby releasing the CITY from any further liability for claims arising fro th loss or damage, and save and hold harmless the CITY from any and all losses, damag ,suits actions, or expenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be pho graphed and otherwis graphically reproduced by the CITY for noncommercial purposes. I is understood and agree between the parties that ART WORKS displayed in the exhibition ay be photographed by the eneral public. Article 12. Interpretation and Conflict of Laws This agreement cannot be modified expect by written instr,~.iment executed by both parties and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that he has full power to make this loan, he has read the conditions contained in this agreement, and that he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: 15 Prepared by: Marcia Bollinger, Neigh. Services Coord., 410 E. Washington St., Iowa City, IA (319) 356-5237 RESOLUTION NO. 10_296 RESOLUTION APPROVING DISTRIBUTION OF THE "PROGRAM FOR IMPROVING NEIGHBORHOODS" (PIN) GRANT FUNDS. WHEREAS, the City Council allocated $14,850 for Fiscal Year 2011 for the purpose of funding grants to neighborhood associations so that they could make improvements in their neighborhood; and WHEREAS, the Neighborhood Council, a body representing leaders of the neighborhood associations have been responsible for: -developing the criteria and format for the grant application, -establishing a method of evaluating the applications, -reviewing and evaluating the applications, -submitting this request to the City Council for their review, and WHEREAS, the Neighborhood Council will be reviewing the progress of the grant activities throughout the year to ensure appropriate expenditure, and WHEREAS, the Neighborhood Services Coordinator will be responsible for ensuring the adequate completion of the projects and authorizing distribution of funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council has reviewed the .applications and recommendation of the Neighborhood Council for the distribution of funds as outlined in Exhibit A attached hereto and finds the funding of projects shown to be appropriate, so that the commencement of these projects can begin July 1, 2010. 2. The Neighborhood Services Coordinator is authorized to administer the funds by confirming completion of the improvements and approving disbursement of funds. Pass and approved this 1st day of June , 2010 ATTEST: /~(~ 7''C - ~~~ CIT LERK Neighbor/res/pinres11.doc Resolution No. 10-296 Page 2 It was moved by xa; i Py and seconded by w; i bLrn the Resolution be adopted, and upon roll call there were: AYES: x ~_ _~.- x x x x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc Exhibit A Program for Improving Neighborhoods (PIN) Grant Fiscal Year 2011 Requests Recommended Funding Northside Neighborhood Association $500.00 North Market Square Park Grand Opening Morningside-Glendale Neighborhood Association $5000.00 Sidewalk Repair Miller Orchard Neighborhood Association $2000.00 Neighborhood Improvement Day Grant Wood Neighborhood Association $750.00 Workshops at Grant Wood Gym Grant Wood Neighborhood Association $2000.00 Staff for Roller Skating at Grant Wood gym Grant Wood Neighborhood Association $950.00 Harvest Party Office of Neighborhood Services $3650.00 FasSnack! TOTAL $14,850.00 Neighbor/reslpinresl l .doc -~/.~ ~...®~ ~III~~ ,~®.~~~ Date: June 1, 2010 To: Iowa City City Council CITY OF IOWA CITY MEMORANDUM From: Neighborhood Council of Iowa City Re: FY2011 Program for Improving Neighborhood (PIN) Grant Recommendations The Neighborhood Council of Iowa City (NCIC) has recently reviewed the FY2011grant applications presented by various neighborhood associations for funding through the Program for Improving Neighborhoods (PIN) Grant program. This is the fifteenth year the City has made funding available to neighborhood associations to make improvements in their neighborhoods. This year, $14,850 was appropriated for funding the Program for Improving Neighborhoods. The Neighborhood Council developed the program guidelines, the ranking criteria, and process for evaluating the applications when the program began in 1995. They revisited these program details in 2002 and clarified the use of PIN funds on private property, for school district playgrounds and for programs that are extensions of existing City services such a spring brush cleanup and couch disposal. They reviewed the ranking criteria again in 2008 and made some minor changes. This year, seven grant applications from four neighborhood associations totaling $16,156.80 were reviewed. The Neighborhood Council reviewed the applications, clarified details and negotiated funding levels. The following is a list of all grant requests, the amount initially requested and the amount being recommended for funding. A resolution approving this recommendation and authorizing expenditure of these funds will be considered at your June 1, 2010 meeting. Attached are the applications that have been recommended for funding. The neighborhood association's representatives will provide a brief presentation of the recommended 2011 Program for Improving Neighborhoods (PIN) Grants at your June 1 City Council meeting. We look forward to discussing the 2011 PIN Grant applications with you then. Fiscal Year 2011 Requests PIN Grant Requests Northside Neighborhood Association North Market Square Park Grand Opening Morningside-Glendale Neighborhood Association Sidewalk Repair Miller Orchard Neighborhood Association Neighborhood Improvement Day Requested Recommended $700.00 $500.00 $5000.00 $5000.00 $2000.00 $2000.00 Grant Wood Neighborhood Association $750.00 $750.00 Workshops at Grant Wood Gym Grant Wood Neighborhood Association $2000.00 $2000.00 Staff for Roller Skating at Grant Wood gym Grant Wood Neighborhood Association $750.00 $950.00 Harvest Party Office of Neighborhood Services $4956.80 $3650.00 FasSnack! TOTAL $16,156.80 $14,480.00 ~~.r®~ ~ _~~~~~~ 1 ~®~(~ -•t_..__ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: North Market Square Park Grand Opening Northside Neighborhood Association Celebration Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: North Market Square sons: Andy Litton Location is: Public property x 331 N Van Buren Private property ^ i t rt ^ h l Di t S Iowa City, Iowa 52245 r prope y s c c oo Amount of Funds Requested: Time Period of Proposed Project: $ 700.00 September 2010 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. The Northside Neighborhood Association serves as a conduit for dissemination of City announcements (snow emergencies, leaf pickups, street closings) via its listserve of over one hundred Northside members. It is a co-sponsor of the Brown Street Block Party held each June. It was involved in four to five meetings with the architectural firm of Shoemaker & Holland in which they provided extensive input into the concept and design plan for the redevelopment of North Market Square Park. On March 4, 2010 it sponsored a public presentation of the UniverCity Partnership at the IC Public Library. B. Describe the project; why is it needed and what are its goals. The redevelopment of North Market Square is due to be completed by September 2010. To celebrate the completion of the work and to recognize the City's commitment to its neighborhood parks, the Northside wants to sponsor a grand reopening and ribbon-cutting. Invitations to the event will be distributed throughout the neighborhood as well as the city. The funds will be used to pay for musical entertainment (there is a commitment from Dave Moore) and the rental of tables, chairs, tents, etc. for the event. ATTACHED provides details of rental costs. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). The NNA will provide liquid refreshments and there will be a general call-out for a potluck. Entertainment by Dave Moore, ribbon-cutting from the Mayor and City Council, Parks and Recreation staff, and neighborhood representatives. Activities will include face painting, games, basketball, etc. D. List the names of potential resources (neighborhood and other) that will be utilized in this project Type Status Volunteer Cash Anticipated Committed 1.Northside Neighborhood Association x x ^ x 2.John's Grocery ^ x x ^ U:\PIN grant\FY2011\northsidenmarketsquarecelebration.doc Page 2 PROGRAM FOR IlVlPROVIIITG NEIGI~ORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: Project was initiated from listserve email responses, a steering committee meeting, and a discussion at the March 4, 2010 meeting. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, as most of the Northside Neighborhood Association lies in census tract 11 which where 51% or more of the households are below 80% of the median family income for Iowa City G. Could the project occur without PIN funding? See section H H. Could the project operate with less funding? The scale of the event could be reduced if necessary. The Northside will match the amount of PIN Grant funding, and will seek donations from local vendors. EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $500.00 $500.00 $Northside Neighborhood Association J. Project Materials $ $ $ K. Professional Services $200.00 $ $ L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ $ $ $ TOTALS $ $ $ • ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding U:\PIN grant\FY2011\northsidenmarketsquarecelebration.doc North Market Square Park Grand Opening Celebration Detail of expenses: 1. Port-o-potties from Blue Moon. 2 at $70.00 each. Following costs from Aero Rental. 2. 10-gallon Igloo plastic thermos. 2 at $6.00 each. 3. 20 x 20 foot tent at $225.00. 4. 2 Eight-foot tables at $7.00 each. 5. 20 folding chairs at .95 each. Other: 6. Entertainment by Dave Moore, $250.00. 7. Pinatas of Efrem Zimbalist, Jr, and Ida Tarbell filled with Bit 'o Honey bars and Three Musketeers. Priceless. The Neighborhood will provide liquid refreshments, paper plates, plastic cups, utensils, vegetarian hotdogs, etc. U:\PIN grant\FY2011\northsidenmarketsquarecelebration.doc t~~~.®+~ ~ _~~~~~~ ~.ai_ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Sidewalk Repair Morningside-Glendale Neighborhood Association & Colle a Green Nei hborhood Association Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Morningside-Glendale and College Green sons: Jennifer Kardos Neighborhood Sidewalks t bli i P i 1503 Glendale Road c proper y s: u Locat on rt ^ P i t Iowa City, IA 52245 e prope y r va School District property ^ (319) 341-8144 Amount of Funds Requested: Time Period of Proposed Project: $ 5000 From: July 2010 To: June 2011 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. Morningside-Glendale Neighborhood association finished up the first set of sidewalk repairs over the Spring and Summer of 2009 (from summer inspections of 2008). This included reviewing and approving applications by a subcommittee, securing a contractor and working with neighbors & Neighborhood Services to complete repairs and reimbursements. Also, a neighborhood meeting was coordinated and many emails were sent as part of this process. The availability of these sidewalk funds were very appreciated by those that needed them. We also extended our process and the use of our funds to assist Creekside Neighborhood Association with their repairs needed by low income homeowners. Morningside-Glendale NA also coordinated with the City Parks and Recreation department to install some play equipment that had been delayed the previous year due to the floods. A representative from the Morningside-Glendale NA attended several of the Neighborhood Council meetings held in 2009. B. Describe the project; why is it needed and what are its goals. The remaining sidewalks in the Morningside-Glendale neighborhood and all of the sidewalks in the College Green neighborhood are schedule to be inspected this year by the city sidewalk repair program and marked for replacement due to damage/wear. The sidewalk squares marked by the city must be replaced by the residents at their expense within a year. Both neighborhoods are established and aging neighborhood. We want to be able to assist residents with the cost of replacing sidewalk squares in cases where it will cause expectional hardship. Even though the section of Morningside-Gleandale Neighborhood Association is smaller than previous inspection, it contains a greater percentage of low to middle income homes than the 2008 inspection. College Green neighborhood is a non-owner occupied and owner occupied housing. This program is for owner occupied housing only and it is expected that a significant portion of the owner occupied housin will meet income re uirements. U:\PIN grant\FY2011\pinapplicationfillinform2010_MorningsideGlendale.doc C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). The city will inspect the sidewalks this summer. Prior to this inspection, a neighborhood wide mailing will be sent out explaining the city's process and the neighborhood association process for home owners requesting assistance. A reminder postcard will be sent out after the city has completed all the inspections. Also, once we know the number of sidewalk squares impacted, a neighborhood representative(s) will contact contractors to see if we can negotiate a reduced group rate. The contractor will need to bill the Neighborhood Services department directly for the portion of the repairs covered by the grant. A deadline for applying for assistance will be stated in both mailings in order to received priority consideration. Working with Iowa City Neighborhood Services, a subcommittee consisting of representatives from both neighborhoods will be formed to review application and appropriate funds. Residents not qualifying or requesting grant assistance may still benefit from the reduced contractor group rate. Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Planning and Implementing Project ® ^ ^ ^ Working with contractors and city, mailings, facilating resident application requests, etc. 2.Reduced rate from contractor ® ^ ® ^ Based on previous neighborhood efforts, we anticipate being able to lower this cost by 10-20% by pursuing one contractor to service the sidewalks. 3. ^ ^ ^ ^ 4. ^ ^ ^ ^ 5. ^ ^ ^ ^ PROGRAM FOR IlVR'ROVIIITG NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: Many positive responses were received from residents that benefited from this type of funding with previous inspections. Based on the response and anticipated financial need during these economic times, the Morningside-Glendale & College Green Neighborhood Association leadership decided to request funding on behalf of the neighborhoods. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes. Low income as defined by the City's Guidelines (see attached) will receive first priority. We would like to pay 75% of the cost of sidewalk replacement for these folks, with households needing two or more sidewalks uares re laced/re aired receivin hi hest riorit . U:\PIN grant\FY2011\pinapplicationfillinform2010_MorningsideGlendale.doc Second consideration will be given to residents with moderate incomes who need sidewalk repair but do not meet the 80% of median income guideline. Those residents with incomes under the median income, and those residents who need five or more sidewalk squares replaced/repaired, will be given first consideration in this group (after all low income requests have been addressed). These residents will be funded at 50% of the sidewalk repair costs. Morningside-Glendale neighborhood includes 2 census tracts: tract 12 & part of tract 16 (Block Group 1). The low income percentage is an average of 30.4% in tract 12 and 81.6% in track 16. The estimated cost from the city to replace a sidewalk square is $100-$125 per square. An average residence probably has about 20 squares, but an equivalent sized home on a corner property with sidewalks on both sides can have over twice that many. In 2007, the city marked 2486 sidewalk squares for replacement in the Iowa City Neighborhoods they inspected. They inspect approximately 1 /10th of the city neighborhoods each year. Add additional pages if necessary. G. Could the project occur without PIN funding? Group rates could still be possible, but there would be no assistance for those of limited income. Add additional pages if necessary. H. Could the project operate with less funding? Yes, but fewer residents could be helped and/or would receive a lower percentage of help. Add additional pa es if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $ $ $ J. Project Materials $ $ $ K. Professional Services $ $ $ L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ Sidewalk squares $5000 $ $ Residents' contributions replaced/repaired at 75% cost for low income. Sidewalk squares replaced/repaired at 50% cost for moderate incomes (first priority for incomes under the median and households with more than 5 sidewalk panels to be replaced/repaired). TOTALS $5000 $ $ • ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an app/ication for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding U:\PIN grant\FY2011\pinapplicationfillinform2010_MorningsideGlendale.doc Application Form for the Morningside-Glendale Neighborhood Association Sidewalk Repair PIN Assistance I am applying for assistance through the Program for Improving Neighborhoods (PIN) Morningside-Glendale Neighborhood Association Sidewalk Repair Grant. I understand that priority for assistance will be given to lower income home own for assistance by September 30, 2008. ~~ ~- ,~'~ ~ ~ ers and those who apply Name: Address: Phone: Email: Best to contact me by: Phone Email: Attached is a copy of the letter from the Sidewalk Repair Inspection by the City of Iowa City. I have (number) of places in my sidewalk that need repair. According to the City of Iowa City Table of Income Guidelines and Definitions, I am a property owner and have a gross annual income that is considered: Low Income (less than 80% of the median) Moderate Income My income is less than or equal to the median My income is higher than the median, but I can still use assistance. I intend to have the sidewalk repairs completed by (month/year) at the total estimated cost of _I own and occupy this home at the above address. (company) on Please review my application and let me know if any assistance can be awarded. I understand this grant may cover up to 50% of the cost, or up to 75% of the cost if I am low income. (Depending on total need, these percentages may be reduced as determined by the review committee.) Signature of applicant Date Please send this form and copy of the letter outlining repairs required by the City of Iowa City: Morningside-Glendale Neighborhood Association c/o Jennifer Kardos 1503 Glendale Road Iowa City, IA 52245 For questions with the application process, please contact Jennifer at iennifer drez ,hotmail.com or 319.341.8144. I ~ "' ~ I ~ m a $ Q me ~~ _ I U ~ Q ~ - ~~` ~ s ti ~ E _ ~_ ~toastirncn awes ' a -. r- i , . ~ _ II o ~i x ~ ~ t~ ~ r.. SZ p~ ~ i. ~ _• ' Isp ~~ tii ~i !i . r ~: I ' =°3ti ~ ,t_ ~ i~ t i ~ /. S ~ ,bl y'~ r '' _ t t S. iii, r _ r, _ ~ v~ . ~ v r ~ r rri ~ n '. i ~ _m j~ _ '' Ir r ~~ `` ~ ~ m '` S ~ ;. _ /~ iS! ,lam \ ~ ~ ~ i 1 ~\ , i _ ~' --- j;i '.{, _ r' - - ~ } ~~ , ~ ~; ~ 'I s I ltiT ~ i` ~ `~o '- V ~~ I ~ ~ - j ~-_ ° r t ~ '~i fpr 0 - Q ~ ~,:w r m za i - ..: ~~ ~ r t ~ fil _~ F f~ ~~ ~, F ' ~. f r t ~L..e ~ frl`~ it~fl a= r ff f ~` ,~ ~! 1 {~ ~r. _~ r 9 r ~~i _ _ F _....r 1 I a _ >~~:.. I ~, ~i \ .-. 1 `, r i_ p ~, ~. ,, " - - -J ~ ` ~-"1 -' i=, . ~f J~ ~_~ ..I I I I I ~~ _~ I ~ I f ~~®~ _..~ .. CITY OF IOWA CITY PROGR~IM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Miller Orchard Neighborhood Improvement Day Miller Orchard Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Miller Orchard Neighborhood sons: Mary Knudson, 725 W Benton St 52246 Location is: Public property _X_ 400-1151 Private property _X- School District ro ert X Amount of Funds Requested: Time Period of Proposed Project: $ 2.000.00 Sept or Oct 2010 (One day event) A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months.: See Attached Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals The goal of this project is to cleanup and beautify the Miller Orchard Neighborhood. Reclaiming Roots would gather volunteers from their organization along with volunteers from the Miller Orchard Neighborhood and together would make a difference by cleaning up or beautifying the following: cleaning gutters • tree stump removal minor carpentry repairs fence repair prep of siding/trim for painting (scraping/sanding) planting of shaded area with ground cover/mulch hedge trimming removal of deteriorated concrete slab removal of old plants and planting of new siding repairs poison ivy/grape vine removal and provide community dumpster for folks to allow folks to dispose of large items Additionally, other activities such as the following might be done: mowing lawns, raking leaves, pruning trees, trimming shrubs, removing yard waste, cleaning-up discarded junk in yards and would partner with a refuse company to take garbage/hazardous material to the landfill. Many people in our " transported to neighborhood do not have the means or finances to pay to have their broken or "junk the landfill. This project would get rid of unwanted and unsightly junk and would beautify the neighborhood. Add additional pa es if necessa C. General List and Description of Activities with estimated time line:(please indicate if this project will or could be phased over a number of years) This project would be a one day event starting with 1St shift working from 9-noon and 2nd shift from 1- 3. Breakfast and lunch will be provided to all volunteers. Add additional pages if necessary. D. List the names of potential resources ( neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Reclaiming Roots x ~ ~ x 2.Miller Orchard Neighborhood x ~ ~ x 3. Organizations such as Boy/Girl Scouts x ~ x 4.Refuse removal company ~ x x ~ 5.Hy-Vee ~ x x ~ Page 2 PROGRAM FOR IlVIPROVIIITG NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: Reclaiming Roots has held two neighborhood clean-up events in the GW neighborhood in October'07 and `09. Both were a huge success and Reclaiming Roots has offered to hold a similar yet expanded event in our neighborhood. They wish to make some more permanent improvements in the neighborhood with this effort. Miller Orchard Neighborhood Association has send out information in their newsletter about this event and soliciting input into potential projects. They also discussed the project at their March 8, 2010 meeting. We will be soliciting for volunteers who would help that day. We would ensure that homeowners who are receiving assistance through this program also assist with the project - if they are able. Then we would compile this list and meet with Reclaiming Roots to assign addresses and volunteers. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, this project would benefit anyone who had a need for yard work help or discarding of junk; this specifically includes low-income populations who lack the financial. means of transporting yard waste and/or junk or to beautify their area and elderly who lack financial means and sometimes the physical means. It would give volunteers from the neighborhood a sense of purpose and would help these people who may not be able to do this cleanup on their own. The free and reduced lunch qualification rate at the local school, Roosevelt Elementary, is one of the highest in ICCSD at 61.81 % (2009-2010 School Year). Miller Orchard is in Census Tract 6, and 72% of the households in this tract were below the area median income (2000 Census). Add additional pages if necessary. G. Could the project occur without PIN funding? No, after long discussion with Reclaiming Roots it was determined we will need to pay for the refuse and landfill costs, as well as food for volunteers, rental for equipment and tools, and materials. Add additional pages if necessary. H. Could the project operate with less funding? Roots has contacted these agencies and feels that it will cost at least $2,000 and maybe claimin R N g e o, If it is more the Miller Orchard Neighborhood Association will be responsible for any outstanding e . mor The Miller Orchard Neighborhood Association will begin a drive to collect funds to help with this costs . project, beginning in May 2010. However, funding levels are not assured, and, if the budget does not go over $2000, the remainder of what the neighborhood raises will be given to the City. Add additional pa es if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $500 $ J. Project Materials $600 Food K $500 Other food stores/restaurants may be . able to provide some of the items so we won't have to pay for the entire lunch. L. Disposal Fees $400 M. TOTALS $2,000 $ $ ADD ADDITIONAL PAGES TO PROVIDE ut I AILS ur rsuu~c i P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding The Miller Orchard Neighborhood Association has been very active the past 12 months, and the following are either events or activities MONA has either organized or participated in: Met with Lane Plugge, Superintendent of school regarding the proposed closing of Roosevelt, Spring 2009 • Verified participation of neighborhood representative in process to determine any future use of Roosevelt, Spring 2009 • Completed meetings with graduate students to develop neighborhood plan, Spring 2009 • Presented Neighborhood Plan to both the Planning and Zoning Commission and City Council, Spring 2009 • Participated in Party in the Parks,lune 2009 • Met with Crime Prevention Officer Jorey Bailey to learn more about Neighborhood Watch, etc., November 2009 • Met with Reclaiming Roots, Stan Laverman to learn more about holding a neighborhood cleanup/improvement day, November 2009 • Solicited neighborhood residents on improvements that could be completed in cooperation with Reclaiming Roots, Winter 2009 • Successfully encouraged the funding of the Highway 1 Sidewalk project which would include connecting sidewalks in the neighborhood, Winter 2009 • Sent out several neighborhood newsletters and postcards during 2009 • Held a pot luck social meeting including discussion of PIN grants and other projects, March 2010 • During the past year MONA representatives spoke with local businesses, including McDonalds and Twin Image ~ r j ~:~~®~~ •• aMll~ ®r ~~ CITY OF IOWA CITY Name of Project: PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Workshops/events at Grant Wood Gym Name/Address/Phone Numbers of Contact Per- sons: Cindy Roberts - 2034 Grantwood - 337-6034 Therese McKenzie - 2511 Aster - 471-8836 Amount of Funds Requested: $ 750.00 Name of Neighborhood Association: Grant Wood Location of Proposed Project: Location is: Public property X_ Private property _X- School District property X_ Time Period of Proposed Project: From: July 2010 To: June 2011 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months: See Attached Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals This project is to utilize the Grant Wood gymnasium, which is joint facility owned by the City and the school district, to achieve our mission to improve the overall quality of life in the Grant Wood neighborhood. In order to do this, we have held events with educational opportunities, workshops, and other activities to get neighborhood involvement as well as offer the opportunity for the public to come visit our wonderful neighborhood. Our goal is to make our neighborhood appealing to all, those who live within our neighborhood and those who come to events held in our neighborhood. We look for needs within our neighborhood and try to address those with speakers/workshops on those topics. Our goal is to have at least 6 workshops/event for the year, particularly during the winter months. Add additional pages if necessary C. General List and Description of Activities with estimated time line:(please indicate if this project will or could be phased over a number of years) The following is a tentative list of speakers/workshops we will be doing if this PIN grant is approved: Home Improvement/Maintenance -Ace Hardware -fall 2010 Pet Care Fair -Friends of Animal Foundation- March, 2011 EcoEaster Egg Hunt -locale environmental groups -April 2011 Landscaping/Gardening -Master Gardeners -Spring 2011 Family Fun and Safety Day -various groups- May, 2011 Outdoor movie -Summer, 2011 D. List the names of potential resources (neighborhood and other) that will be utilized in this project: 1.GWNA 2.Ace Hardware 3.Friends of Animal Foundation/Animal Shelter 4.Master Gardeners Type Status Volunteer Cash Anticipated Committed x ~ x x x ~ X x x ~ x ^ x ~ x ^ Page 2 PROGRAM FOR IIVIPROV~VG NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: We have discussed these topics at our GWNA meetings, in our newsletter, and at events that we previously have held. We feel the workshops that we had funded in last year's PIN Grant, were for the most part, very well attended and we got a lot of positive feedback from the attendees. They asked us if we would be able to have these workshops again next year and would like to promote them by talking to their neighbors and friends, some of which were unable to attend because of a scheduling conflict. We feel that these workshops areaway to promote our neighborhood and our mission to improve the overall quality of life in the Grant Wood neighborhood. Add additional pages if necessary F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, the events will be free and open to all. We had people of all ages at several of our previous workshops and will promote attendance for all in the PIN grant we are applying for now. We feel that everyone in our neighborhood should benefit from the workshops we put on. We try to have the PTO at GW put the information on the Marquee at GW school, we post flyers in the area, we put the information in our newsletters, we have posters distributed at GW school, we advertised the event by putting press releases in the Press Citizen and by word of mouth. Our neighborhood is in Census Tract 18 which has an average of 56.4% low to moderate income families. The number of children who receive free and reduced lunch at Grant Wood School was 56.4 in 2009/10 school year. Add additional pages if necessary G. Could the project occur without PIN funding? No, we feel that these workshops would not occur because we want to give each speaker an Honorarium for the use of their time and expertise as well as provide door prizes/materials to encourage participation. Add additional pages if necessary. H. Could the project operate with less funding? The number of workshops/events could be decreased with less funding. EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOUFUNpSF OTHER I. Equipment/Supplies $ $ May be supplied by presenter J. Project Materials(marketing $150.00 flyers) K. Professional Services L. Contracted Improvements M. Other Costs(List) workbooks, $300.00 prizes, trees, helmets Honorarium for 6 speakers @ $50 $300.00 each TOTALS $750.00 $ $ ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission ofan application for funding through the Program forlmproving Neighborhoods Grant Program does not guarantee any level of funding The GWNA has been very active this year. The following are activities we have held or participated in: Neighborhood Events and Activities Organized and/or Participated in: • Collaborating with HACAP-HACAP has provided GWNA with one of their staff members to assist GWNA. HACAP staff assisted the neighborhood in applying for and receiving grants for $6000 for 5 computers to be available in the Grant Wood Gym area and $1450 from United Way for Roller Skates and coordinating workshops. • GWNA is now online! Developed an official GWNA website: http•//~rantwood.wordpress.com/ • Organized Garage Sale, April 2009 • Party in the Park, Fairmeadows Park, June 2009 Neighborhood Cleanup, Johnson County United Way-"Day of Action",June 2009 • Car Wash, July 2009 • Neighborhood Cleanup Day, October 2009, Reclaiming Roots Newsletters Sent: • March/Apri12009 • August 2009 • September 2009 • October 2009 • December 2009 • January 2010 • February 2010 Neighborhood Association Meetings Held: • March 2009 • June 2009 • September 2009 • October 2009 • December 2009 • February 2010 Speakers and Events at GW Gym: • Pet Care Fair, March 2009 • "Curb Appeal and Care of Hardy Plantings" IC Area Association of REALTORS® Fair Housing Ambassadors and Iowa City Landscaping presentation at Grant Wood Gym, March 2009 • GW Safety Day, April 2009 • Community Information Meeting in GW Gym, May 2009 • Summer Kick-off BBQ, June 2009 • Diversity in Dialogue, GW Resource Center, June 2009 • Summer Saturdays, Teen Movie Night, GW Gym, Summer 2009 • 4th Annual Harvest Party, October 2009 • Money Management Presentation by ISU Extension Office, January 2010 • Painting Presentation by Ace Hardware, February 2010 • Pet Care Fair, March 2010 Additional Participation in: • Participated in Community Development Celebration at Splash Pad Site, September 2009 ~~.®~ ~~~~~~~~ ~`- ~~~~~ _..~~_ CITY OF IOWA CITY Name of Project: Staff for Roller Skating at Grant Wood PROGRAM FOR IMPROVING NEIGHBORHOODS Name/Address/Phone Numbers of Contact Per- sons: Cindy Roberts - 2034 Grantwood - 337-6034 Therese McKenzie - 2511 Aster - 471-8836 Amount of Funds Requested: $ 2000.00 PIN Grant Program Application Name of Neighborhood Association: Grant Wood Location of Proposed Project: Grant Wood Gym Location is: Public property x Private property ^ School District property x Time Period of Proposed Project: From: July 2010 To: June 2011 A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. See attached information Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. The Grant Wood Neighborhood, through grants received both by the Program for Improving Neighborhoods and United Way, have purchased 68 pairs of roller skates that fit both adults and children that are stored in a closet adjacent to the Grant Wood gym. The gym facility, a coordinated effort between the Iowa City Community School district, Neighborhood Centers of Johnson County and the City of Iowa City was constructed to not only expand operations of Grant Wood school but to operate as a "community center" -offering activities and use of the gym for a variety of activities in the evening and on weekends. The neighborhood association has planned a number of activities to use these skates for in the gym during neighborhood workshops and other events -but we would like to establish a regular schedule for skating parties to occur on weekends as a way of providing a safe and fun activity for children and adults in the Grant Wood Neighborhood. In order to properly supervise such regular skating parties, it is expected that at least two Recreation staff people need to be available at each event. Depending upon the number of participants, that number could be higher. The amount requested will provide 4 staff people to be available at a skate party 2 times each month of the year. If we find that the need is not there for 4 staff people, the number of events could be increased. Having staff available on a regular basis in the gym would also allow the 4 computers that have been acquired through a HACAP grant to be available in the front hallway of the gymnasium during this same period for use by all neighborhood residents. The Grant Wood neighborhood association would work with the Grant Wood School administration to promote these activities to the school children as well as include the information in the neighborhood newsletters, posting of yard signs and press releases to the various media resources. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). Roller skating parties would begin in July 2010 and be held 2 times a month through June, 2011. Each roller skating party would last for 2 hours. U:\PIN grant\FY2011\Skate staffing at GW Gym.doc Add additional pages if necessary. D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.lowa City Park & Recreation Dept. x ^ ^ x 2.Grant Wood Neighborhood Association x ^ ^ x 3. GW school staff -custodial and administrative x ^ x ^ Page 2 PROGRAM FOR IlVIPROV~ITG NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: There have been a number of instances where the neighborhood association has provided assistance in overseeing various activities in the gymnasium. Obtaining commitments from the neighbors to volunteer at regularly scheduled events on a frequent basis is much more challenging. In discussing this potential grant with neighborhood association participants, it was thought to be the only effective way to consistently utilize the skates, the computers and the gym on a regular schedule. Everyone feels that we need more activities for the children/adults & families to do. There are a lot of people in our area that cannot afford to do activities that cost money. Skating would be free which would help these families/people have safe place to go and bond as a neighborhood and have fun. The GWNA mission is to improve the overall quality of life by building relationships in and around the community. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, low income people would be able to participate because this activity would be free and open to everyone. Even a lot of children/adults with handicaps can roller skate and if they have workers they can skate along with them and help them. It is an activity that elderly can take part in by either coming to skate or by bringing their grandchildren/neighbor/friends children to or just come to watch. Many people years ago grew up roller skating and would like the chance to do so again, in a relaxed and safe environment. Social events are good for everyone and enhances the overall quality of life in our neighborhood and gives a sense of well being and purpose to all that participate. Our neighborhood is in Census Tract 18 which has an average of 56.4% low to moderate income families. The number of children who receive free and reduced lunch at Grant Wood School was 64.4% in 2009/10 school year. Add additional pages if necessary. G. Could the project occur without PIN funding? NO, this activity could not happen without Pin Grant funding. The Park & Recreation Dept does not have any money in their budget for regular staffing at the Grant Wood Gym. Add additional pages if necessary. H. Could the project operate with less funding? Yes, but would lessen the number of skating parties that could be supervised by staff. Add additional pa es if necessa U:\PIN grant\FY2011\Skate staffing at GW Gym.doc EXPENSE CATEGORY PIN FUNDS I OTHER FUNDS I LIST SO FU pSF OTHER I. Equipment/Supplies Skates $ $ $ Project Materials J $ $ $ . K. Professional Services $2000.00 $ $ L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ Misc ~ ~ ~ TOTALS $ ~ ~ ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding U:\PIN grant\FY2011\Skate staffing at GW Gym.doc r ~~®~>~ ~_.._ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: Harvest Part Grant Wood Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Grant Wood Gym sons: Location is: Public property Cindy Roberts - 2034 Grantwood - 337-6034 Private property ^ Therese McKenzie - 2511 Aster - 471-8836 School District property Amount of Funds Requested: Time Period of Proposed Project: October 2010 $ 750.00 From: To: A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. Please see attached sheet Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. This will be the 5th Harvest Party for the GWNA. The purpose of the party is to bring everyone in the GW neighborhood together so that all can interact with each other in a safe, comfortable, and fun setting. Through positive interaction between neighbors in our area in the safe, fun, and family- oriented setting of the Harvest Party, we believe that incidents of criminal activity will be lowered and we will encourage people to get to know each other and bond as a neighborhood, breaking down barriers to friendship and understanding. We want to encourage a sense of community within our neighborhood. Additionally, we hope to promote more involvement in the neighborhood association. This event has proven to be successful in the past, with high turnout and a qualitative experience. A past GW school principal attended and thought it was a great idea and hopes the Harvest Party continues; she promoted the event considerably more this past year. Finally, the event has attracted City and UI attention, as volunteers from outside the neighborhood now participate and help with the event. We expect to have an even bigger turnout than previous Harvest Party's. Add additional pages if necessary. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). Harvest Party is tentatively scheduled for October 23 from 4-7pm. Set up will begin October 22, from 6-10pm and continue on October 23 from Sam-until the party begins. Promotion of the event and materials will be gathered beforehand, probably 1-2 weeks in advance or so. Activities will include the following: jumping inflatable, fish pond for small children, fortune teller (a huge hit in past years; this person made a very positive impact on many of the children who attended the event), haunted house, face painting, ring toss, costume contest, police officer attendance-handing out stickers and talks/interacts with both kids and adults in the non-threatening environment, and music from the sound system. We serve free food to everyone and give away many prizes. Add additional pages if necessary. U:\PIN grant\FY2011\HarvestPart~2010App.doc D. List the names of potential resources (neighborhood and other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Business Donations ® ® ® ~ 2.Grant Wood Neighbors & Friends ® ® ~ 3.Police Dept ® ~ ® ~ 4.Private Donations 0 ® ® ~ Page 2 PROGRAM FOR IlVIPROVIIITG NEIGI~ORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: The Grant Wood Neighborhood Association meets monthly to discuss events for stimulating our neighborhood. We also ask for feedback in our newsletters that go out to over 1,400 households. After much discussion the GWNA feels that this event is crucial to our mission of improving our neighborhood by building relationships & by bringing its families together through social events. We feel that this is a VERY important event that everyone in our neighborhood can attend no matter what their soci-economic status is. Because our neighborhood has many families in the lower income bracket we do not charge for this event. With the economy as it is, this event will not put a strain on any family's budget. We also have had very good feedback from this event. Many people have come up to us, at and after the event, and thanked us for organizing and having this party for the neighborhood. They have told us how they and their children have looked forward to coming and being together as a family where it is safe and they can meet their children's friends and parents in a setting other than at a school event. Relationships have been formed during this event. The Grant Wood School principal came this past year and said what a wonderful time her and her children had and that she would be promoting the Harvest Party even more this year so we expect even more people will be in attendance. We estimate we have between 400-500 people who attend this event. Add additional pages if necessary. F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. Yes, this party does benefit low-income, elderly, youth & other disadvantaged youth. Many elderly grandparents have come with their grandchildren and feel that this event is a safe place for them to bring these children to have some fun and to maybe wear the kids out a little bit. Also, some elderly come to watch and have free food. This event enables low-income parents to bring their children to a place to have fun and get fed and they don't have to worry about telling them that the event would cost too much to attend. This party is for all in the Grant Wood community, and we especially feel that youth and disadvantaged youth can come and forget about all their problems, relax, and have a night of fun. In this setting everyone is having fun, laughing, playing games, eating, socializing, and just interacting with each other. It is a joy to just watch these families go from game to game and laugh and interact with each other. Our mission is to achieve a neighborhood in which these interactions can carry over for all who live there and we can bring a sense of "community" within our neighborhood. Our neighborhood is in Census Tract 18, which has 56.4% low- to moderate-income families. The number of children who U:\PIN grant\FY2011\HarvestParty2010App.doc _ ~.. n.ni ~ aL... nnnn 7!1 n~.h.,.,l ~ic7r qualify to receive free and reduced lunch at Grant woos 5cnool is n4.o~+ ~o n. ~~.C ~~~~- ~ ~ ~~~ ~~~~ you, Add additional pages if necessary. G. Could the project occur without PIN funding? No. As a Neighborhood Association, we feel that the Harvest Party is our #1 tool to help achieve our neighborhood goal of being a safe and comfortable place to live. In this economy we do not feel that we can get the contributions that we have gotten in the past. We had to struggle in recent years to get enough donations with the flood, and this year is not going to be any easier with costs of food going up and businesses and individuals cutting back on their giving. We have, in the past, gotten a discount on supplies, equipment, and food, but we are not guaranteed that will continue. Add additional pages if necessary. H. Could the project operate with less funding? We feel the $600 that we are asking for is less than half of what we have spent in recent years. We feel that with less funding we could not make this event possible for everyone. As a Neighborhood Association, we have completely ruled out charging for admission. We want this to be an event that ALL in our neighborhood can attend. We have so many low-income families in our neighborhood, and we feel that these families would not be able to attend if there was a cost involved, even if it was at a small cost. Add additional pa es if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $250 300 Business/Private Donations J. Project Materials $ $ $ K. Professional Services $ $ $ L. Contracted Improvements $ $ $ M. Other Costs(List) $ $ $ Food/Candy $500 $350 Business/Private Donations TOTALS $750 $650 $1,400 ADD ADDITIONAL PAGES TO PROVIDE DETAILS OF BUDGET P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding U:\PIN grant\FY2011\HarvestParty2010App.doc -~ r ~ ® ~ ...~ CITY OF IOWA CITY PROGRAM FOR IMPROVING NEIGHBORHOODS PIN Grant Program Application Name of Project: Name of Neighborhood Association: FasSnack! Nei hborhood Council Name/Address/Phone Numbers of Contact Per- Location of Proposed Project: Around Iowa City at various events sons: Office of Neighborhood Services Location is: Public property Private property Marcia Bollinger School District property 410 E. Washington 319-356-5237 Amount of Funds Requested: Time Period of Proposed Project: $ 4,956.80 Summer 2010 and future Breaks, Winter, Spring, etc. A. Briefly describe the activities (meetings, newsletters, events, participation in the Neighborhood Council, etc.) of the neighborhood association over the past 12 months. The Office of Neighborhood Services oversees and assists all of the Neighborhood Associations in Iowa City. As this project has acity- wide function, this application is represented by this office on behalf of all neighborhood associations. Add additional pages if necessary. B. Describe the project; why is it needed and what are its goals. FasSnack! seeks to purchase equipment and supplies to establish amicro-enterprise for at-risk youth in the Fas Trac College Bound and MYEP Youth Leadership Programs. The goal of this micro- enterprise will be to provide summer and school break employment opportunities to youth, and this program will teach them the value of money and work ethic and occupy their time and stir them away from life of crime and unproductive activities. Add additional pages if necessary. C. General List and Description of Activities with estimated time line: (please indicate if this project will or could be phased over a number of years). This project can and will be phased over numerous years, and it is the project's intention to operate during school breaks for at least the following several years. Since the program is amicro-business venture it could possibly become self-sustainable, or if not, it will only require minimal operating expense subsidization. The micro-enterprise will operate out of a van, and hence be mobile, allowing the employed youth to sell their products around town as the opportunities occasion. This project will create employment opportunities for youth to sell things during Festivals such as the Jazz Fest, Art Fest, community and neighborhood events, and school events, which in turn will provide venues for youth to work and stay away from unproductive behaviors by learning money management, work ethic, and entrepreneurial ship. U:\PIN grant\FY2011\FasSnack! Grant App (2).doc Type Amount Equipments and Supplies List Source of d Y N ~ '~ Requesting Other Funds s Other Fun S c Acquisition of Funnel $ 2,330.43 x 07/01 Cake Machine X 07/01 Acquisition of5haved Ice $1,000.00 Machine Acquisition of Popcorn $ 729.00 x 07/01 Machine Funnel Cake Ring(4) $123.96 X 07/01 Funnel Cake Pourer (4) $123.96 X 07/01 Shaved Ice Supplies $ 649, 4S X 07/01 Total $ 4,956.8 Add additional pages if necessary. D. List the names of potential resources (neighborhood a nd other) that will be utilized in this project: Type Status Volunteer Cash Anticipated Committed 1.Mayor's Youth Empowerment ^ x ^ x 2.FasTrack youth ^ x ^ x 3.Office of Neighborhood Services (promotion) ^ x ^ x 4. ^ ^ ^ ^ 5. ^ ^ ^ ^ U:\PIN grant\FY2011\FasSnack! Grant App (2).doc Page 2 PROGRAM FOR IMPROVIlITG NEIGHBORHOODS E. Describe the process used to solicit neighborhood input into this funding request and summarize results: Information informing the project was solicited from neighbors and citizens through the Safe Neighborhood of Iowa City coalition's survey and informal dialogue with many families and youth of the City, which found a conquering theme that youth in Iowa City lack involvement in structured activities and have too much free time on their hands. Some youth are roaming the streets during summer months when parents are working. Add additional pages if necessary F. Does this project benefit low-income, elderly, youth or other disadvantaged youth? If yes, please explain. This project will benefit all youth, specifically focusing on low-income and disadvantaged youth, the project will provide youth services to Iowa City area at-risk youth and training employment to Iowa City area at- risk youth. MYEP's mission is to provide advocacy and support to at-risk youth, children and adults with disabilities who face barriers to independence and resources to their families. Fas Trac College Bound Program is a support program for high school students to assist with their academic performance, community involvement, and preparation for college. The goal of this program is to focus on each student's strengths and successes by bringing the Fas Trac support system (students, parents, teacher advisors, community mentors, and community advisors) together to understand the goal of educating and preparing students for the future. Our research and solicited neighborhood input has identified specific gaps that the FasSnack! Project could help close: a lack of or limited, structured activities for area at-risk youth after school, including limited employment programs for high school students, a lack of or limited winter, spring, and summer break programs that create a sense of continuity from school programming to the summer months with a consistent mentoring and expectation process, and a lack of or limited programs available to keep youth occupied and away from unproductive and criminal behavior. MYEP currently provides employment to area at-risk youth through the aid to the agency funding stream and the agency's yearly fund raising. With the economic downturn, we are facing many challenges finding funds to continue these much needed programs and finding businesses willing to hire at-risk youth as part of the youth work-based program. This project will create employment opportunities for these youth to sell things during Festivals such as the Jazz Fest, Art Fest, community and neighborhood events, and school events, which in turn will provide venues for youth to work and stay away from unproductive behaviors by learning money management, work ethic, and entrepreneurial ship. MYEP began as a federal initiative encouraging cities to provide summer employment opportunities for disadvantaged youth and young adults- primarily between the ages of 14-24. Since that time, MYEP has been active in offering direct, supportive programs to individuals with disabilities and area at-risk youth. From 1968 through 1996, MYEP was considered aquasi-department of the City of Iowa City. In 1996, MYEP filed for and became a 501(c) (3) private non-profit corporation. In 2002, MYEP became an approved service provider under the State of Iowa Medicaid Waiver Home and Community Based Service (HCBS) through these contracts MYEP provides Individual, Group and Camp Respite Care, Supported Community Living both Hourly and Residentially, Job Coaching and Job Placement, Prevocational Services, Adult Day- Habilitation Services, Adult Day Care, Consumer Direct Attendant Care (CDAC) and continues to expand its services under the following Waivers: Intellectual Disability Waiver (formally known as Mental Retardation Waiver), III and Handicapped Waiver, Brain Injury Waiver, Physical Disability Waiver, Children Mental Health Waiver, and Residential Based Supported Community Living Waiver U:\PIN grant\FY2011\FasSnack! Grant App (2).doc MYEP currently serves more than 150 families. In addition to our Medicaid services, MYEP provlaes services over 30 area at-risk youth through our Youth Leadership Program. The Youth Leadership Program support area at-risk youth to become socially, morally, emotionally, physically and cognitively competent and contributing members of the community through our four main areas that have proven to fostered best results while working with youth, integration of family, peers and the community; positive adult and youth interaction; work-based learning with area businesses and community services. The curriculum of the Youth Leadership Program includes: money management; preventing, identifying, and reporting domestic, physical and sexual abuse; preventing bullies; on-line safety tips; community services; the importance of post secondary education; and many more. MYEP has provided services in Iowa City since 1968. During this time we have served an immeasurable number of youth and their families. Add additional pages if necessary. G. Could the project occur without PIN funding? Fas Trac and MYEP will be unable to launch the project without PIN funding. No . Add additional pages if necessary. H. Could the project operate with less funding? No. For the micro-enterprise to be successful it needs to have a minimum level of necessary equipment and supplies to operate effectively. Any shortcomings in what the micro-enterprise can offer to customers will seriously affect the micro-enterprises' success and longevity. Add additional pa es if necessary EXPENSE CATEGORY PIN FUNDS OTHER FUNDS LIST SOURCE OF OTHER FUNDS I. Equipment/Supplies $4,956.80 MYEP (van donation) J. Project Materials Variable MYEP, FasTrack (snack supplies) K. Professional Services Variable MYEP, FasTrack (oversight) L. Contracted Improvements M. Other Costs(List) TOTALS $4,956.80 $4,956.80 ADD ADDITIONAL PAGES TO PKUVlut ut ~ Hiu yr tsuu~~ I P/ease note Submission of an application for funding through the Program for Improving Neighborhoods Grant Program does not guarantee any level of funding U:\PIN grant\FY2011\FasSnack! Grant App (2).doc May 24, 2010 City of Iowa City BOARD OF City Council Members DIRECTORS 410 E. Washington Street Kim Downes Iowa City, IA 52240 Board President Katie Lammers To: City Council Members Vice President From: Roger Lusala Bert Eide Re: PIN Grant Secretary Michael In lieu of the Council's recent approval of the FY11 CDBG and Home funds on May 10, 2010, MYEP Lehman would like to request an adjustment to the recommended PIN Grant fund. With the CDBG Public Service Treasurer Fund. MYEP/Fas Trac will utilize the $2,625 Public Service Allocation by purchasing a Funnel Cake At Large machine and supplies. MYEP/ Fas Trac now request an adjustment to PIN Grant Application. MYEP/ Fas Members: Trac designates the recommended funds be used as follows: Brent DeNeice Mike Kennedy $1 ~~~~ Pat Sheldon • Acquisition of Shaved Ice Machine Mike Quinlan , Sy~p Bottles, cups, ice and other supplies $180 • Acquisition of Popcorn Machine $750 STAFF • Bags/oil/popcorn and other supplies $185 Roger Lusala • Acquisition of Freezer $350 Executive Director • Consumable good for the Fas Snack Mobile Unit 685 • Vehicle Modification $500 Anne Tedore Program Total: $3,650 Director Kevin Kimm We are confident that MYEP/Fas Trac Program will flourish with the support of the community Business Manager development block grant and the neighborhood council PIN grant. We believe that the integrity o our Tammy Munoz original application remains; as, we intend to provide Youth Entrepreneurial Equipment and supplies to Service support our Fas Snack Program. Coordinator Carolina We humbly ask the council to approve the committee's recommendation by approving the Pin grant. It Warren~olllson would la a tremendous art in em to in outh in our community, teaching them about money service P Y p p y g y Coordinator management and work ethics and also stirring vulnerable youth from unproductive activities. Lindsey Lee Administrative If you have any question regarding this endeavor or MYEP in general, please don't hesitate to contact me at Assistant 319-341-0060 or at r.lusala(a,m e~p.us Thank you in advance for supporting our efforts and making a difference in the lives of area at-risk youth! Best Regards and Kindest Wishes, ~-~-~- Roger Lusala Executive Director, Mayor's Youth Empowerment Program Our Mission: MYEP exists to provide advocacy and support to at risk youth, children ana anuns witn aisaDtttues wu~ ~a~C barriers to independence, and resources to their families. Serving Johnson County since 1968 Michael A. Mauro y~P~` 0` /~~1 Secretary of State ~..: W pfT s -pti y° State of Iowa dRY 0~ F~~~ Agreement z FILED 0 WI N M503394 0 0 6/4/2010 2:42:46 PM PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: Full Legal Name Organization Type *County Party 1 City of Iowa City City Johnson Party 2 University Heights City Johnson Party 3 Party 4 Party 5 +G... s..~ "/14L.e.." ii not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one Service Code and Description) Code Number Service Description Item 3. The purpose of this agreement is: (please be specific) Agreement between the City of Iowa City and University Heights for the provision of Transit Service within the corporate limits of University Heights (Res 10-297) Item 4. The duration of this agreement is: (check one) mAgreement Expires 6/30/2011 ^Indefinite Duration [mm/dd/yyyyJ Item 5. Does this agreement amend or renew an existing agreement? (check one) ^ NO m YES Filing # of the agreement: M502531 (Use the filing number of the most recent version filed for this agreement) The filing number of the agreement may be found by searching the 28E database at: v,Mnv sos state is us/28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name Tuttle FIRST Name Kellie Title Administrative Secretary Department Administrative Secretary Email kellie-tuttle(cr~iowa-city.orq Phone 319-356-5043 M-I,a, Prepared by: Brad Neumann, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252 RESOLUTION NO. 10-297 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2011 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS ub-u~-~u 16 WHEREAS, Chapter 28E, Code of Iowa (2008), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2011 at a rate of $32,892, a copy of which is attached and incorporated herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached FY2011 28E Agreement for transit services between the City of Iowa City, Iowa and the City of University Heights, Iowa is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest in duplicate same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa, as required by Iowa Code Chapter 28E. Passed and approved this 1st day of June , 201Q_. ~'~`''`- MAYOR ATTEST: ~zr-~tirJ CI LERK Approved by ~ f~o City Attorney's Office Resolution No. 10-297 Page 2 It was moved by Wright and seconded by Bailed the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey Champion ~- Dickens ~_ ~_ Hayek Mims ~- Wilburn -~ Wright ~_ Ppdadm/res/28E-IC-U Heights.doc Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319-356-5252 FY2011 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this _~ day of T ne , 2010, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: /. Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. Residents of University Heights will also be eligible for the same fare structure as Iowa City residents. //. Duration The term of this agreement shall commence July 1, 2010, and continue through and including June 30, 2011. ///. Termination This agreement may be terminated upon thirty calendar days written notice by either party. /V. Compensation The City of University Heights agrees to pay $32,892 for the provision of public transit service as herein described during FY2011. Payment shall be made in twelve monthly payments of $2,741.00 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E, Code of /owa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY 13y: .~; ~~~. ~7 Matthew J. Hayek, Mayor~'~~~- Attest: City erk, Marian K. Karr Approved by: City Attorney's Office STATE OF IOWA ) ss: JOHNSON COUNTY ) CITY OF UNIVERSITY HEIGHTS °-~o ise From, Mayor Attest: City Clerk, Christine Anderson On this day of uti-~_ 20 /a7 before me, ~otinv~a ~ ~,~3- , a Notary Public in and for the State of Iowa, personally appeared Matthew 1 xayekand Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. /O •- ~~7 passed by the City Council, on the J ~-- day of ~--~~,,u~ 0~, and that Matthew J xayek 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. osR!'4~s S(~I~DRAE FORT z ~ Commission Number 159791 My Commission Expires . low /~ ~trC.~B rrr 7 Notary Public in and for the State of Iowa STATE OF IOWA ss: JOHNSON COUNTY ) k~ On this ` ~ flay of / " \ a 20 ~ o before me, S~-,~~ ~ ~ . ,'~ ~ ~~ , a Notary Public in and for the State of Iowa, personally appeared Louise From and Christine Anderson, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. 1 U - t .2 passed by the City Council, on the i ~~~ day of ~ , 20 / v ,and that Louise From and Christine Anderson, acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the co poration, by it voluntarily executed. t Notary Public in and for the State of Iowa jccoglp/agU28 E-I C U H 10. dce l~ Prepared by: Brad Neumann, PCD, 410 E. Washington, Iowa City, IA 52240 319-356-5252 FY2011 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this day of , 2010, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of~he Code of Iowa provides, in substance, tha any power which may be exercised by a public agens~y of the state may be exercised jointly wi another public agency having such power, and ,~ WHEREAS, it is in the mutual ingest of the parties to encour a the use of public transit by residents of Iowa City and University,,Heights. NOW, THEREFORE, it is hereby University Heights, as follows: /. Scope of Services The City of Iowa City shall provide public shall determine the scheduling of buses, Heights. It is agreed that residents of Unix as residents of Iowa City who are served also be eligible for the same fare structure //. Duration The term of this agreement shall June 30, 2011. by and betwee~he City of Iowa City and the City of isit s rvice to the City of University Heights. Iowa City ro es, and the location of bus stops within University Heights will obtain the same level of transit service the same routes. Residents of University Heights will Iowa City residents. ly 1, 2010, and continue through and including ///. Termination This agreement may be ter inated upon thirty ca ndar days written notice by either party. /V. Compensation The City of Universi Heights agrees to pay $32,89 for the provision of public transit service as herein describe during FY2011. Payment shall made in twelve monthly payments of $2,741.00 each, be received by the City of Iowa City or before the 15th of each month. V. Chapter 2~8`E, Code of /o wa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY By: Matthew J. Hayek, Mayor Attest: City Clerk, Marian K. Karr 1 1 Appr ved by: ~ /Q~ i -_.. ~ ~~ City Attorney's Office STATE OF IOWA ) ss: JOHNSON COUNTY ) On this day of personally appeared Regenia D. Bailey being by me duly sworn, did say that the Iowa City, Iowa; that the seal affixed to corporation, and that the instrument wa authority of its City Council, as contained by the City Council, on the Regenia D. Bailey and Marian K. K ac voluntary act and deed and the olunt~ executed. By: CITY OF UNIVERSITY HEIGHTS Louise From, Mayor Attest: City Clerk, Christine Anderson 20 before me, a N ary Public in and for the State of Iowa, nd Marian arr, to me personally known, and, who, are the or and City Clerk, respectively, of the City of the f going instrument is the corporate seal of the > si ed and sealed on behalf of the corporation, by (Ordinance) (Resolution) No. passed ay of , 20 ,and that nowledged the execution. of the instrument to be their i act and deed of the corporation, by it voluntarily Public in and for the State of Iowa STATE OF JOHNSON I" ) ss: NTY ) On this~~' day of 20 before me, a Notary Public in and for the State of Iowa, perso Ily appeared Louise From and Christine nderson, to me personally known, and, who, beingby me duly sworn, did say that they are the M yor and City Clerk, respectively, of the City of University Heights, Iowa; that the seal affixed to the regoing instrument is the corporate seal of the corporation, and that the instrument was signed a d sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. passed by the City Council, on the day of , 20 ,and that Louise From and Christine Anderson, 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. Notary Public in and for the State of Iowa jccogtplagV28E-ICUH 10. doc M~ 17 Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5010 RESOLUTION NO. 10-298 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR AUDIT SERVICES FOR THE FISCAL YEAR 2010 CITY OF IOWA CITY FINANCIAL STATEMENTS. WHEREAS, in the past audit services were obtained for fees below $50,000 per year; and WHEREAS, City policy requires City Council approval for contracts over $50,000, and WHEREAS, the FY10 audit fees for Eide Bailly are approximately $51,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for auditing services, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 1st day of June , 20 l0 MAYOR Approved by -' r~~~ ATTEST: CITY LERK City Attorney's Office It was moved by Champion and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x _~_ x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Finadm/res/audit contract.doc 5/1 D l~. PUBLISH 5114 NOTICE TO BIDDERS SANDUSKY STORM SEWER IMPROVEMENTS PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 3:00 P.M. on the 26th day of May, 2010. 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 15t day of June, 2010, or at special meeting called for that purpose. The Project will involve the following: Installation of storm sewer pipe and intakes, sanitary sewer and services, PCC pavement removal and replacement, water services, traffic control, grading, erosion control and site restoration. All work is to be done in strict compliance with the plans and specifications prepared by City of Iowa City Engineering Division, of Iowa City, Iowa, 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 AF-1 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 five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Early Start Date: June 7, 2010 Completion Date: September 15, 2010 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 Office of City of Iowa City Engineering Division, Iowa City, Iowa, by bona fide bidders. A $35 non-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 a check, made payable to 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 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 AF-2 M M, ~ 18 Prepared by Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 10- 299 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT. WHEREAS, Bockenstedt Excavating, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $491,460.20 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The contract for the construction of the above-named project is hereby awarded to Bockenstedt Excavating, 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. Passed and approved this ~ st day of June , 2010. ~~~ Mayor ATTEST: City lerk Approved by: Ov! Ci y Attorney's Office T- ~G/~v Resolution No. 10-299 Page 2 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x ~- x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc M,~~ 19 Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5144 RESOLUTION NO. 10-300 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION PROJECT. WHEREAS, the City of Iowa City desires to construct a new landfill cell at the Iowa City Landfill; and WHEREAS, the construction of the new landfill cell will provide future solid waste service to Iowa City; and WHEREAS, the City desires the services of a consulting firm to provide quality control and quality assurance services for construction of the Landfill FY09 Stage 1 Cell Construction Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said consulting services with Howard R. Green Company, to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Howard R. Green Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 1st ~ day of June , 20 10 /~. ~1.~_ GXI MAYOR Approved by ATTEST: CIT LERK ~~ City Attorney's OfficeS,~l 8 ~v Pwenglres/landfill 09 cell construcagLdoc Resolution No. Page 2 10-300 It was moved by Mims and seconded by cramp; ~n the Resolution be adopted, and upon roll call there were: AYES: -~ X _~- x x x X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 1Gr day of June , 2010, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the CITY and Howard R. Green Company, of 8710 Earhart Lane SW, Cedar Rapids, IA 52404, hereinafter referred to as the CONSULTANT. WHEREAS, the CITY desires to secure the services of a consulting engineering firm to be the CITY's designated on-site field representative during construction of the FY09 landfill cell at the Iowa City Landfill and Recycling Center. WHEREAS, a Quality Control and Assurance (QC&A) program must be implemented during the construction of the FY09 landfill cell in conformance with 567 IAC 113.7(6). The Iowa Department of Natural Resources (IDNR) has indicated to the CITY that delegation of City staff to supervise or implement portions of the Quality Control and Assurance (QC&A) plan is not allowed under the rules. The CITY therefore desires to secure the services of a consulting engineering firm to provide OC&A services intended to fulfill the requirements of the Iowa Administrative Code. WHEREAS, the construction of the new FY09 landfill cell could result in conditions that temporarily increase the release of offensive odors from the existing cells. The CITY desires to secure the services of a consulting firm to design additional mitigation measures to reduce landfill gas (LFG) pressures at the boundary of the old and new cells which, in turn, should reduce the odors caused by the release of landfill gas. NOW THEREFORE, it is agreed by and between the parties hereto that the CITY does now contract with the CONSULTANT to provide services as set forth herein. I. SCOPE OF SERVICES CONSULTANT agrees to perform the following services for the CITY, and to do so in a timely and satisfactory manner: A. On-site Field Representative and Quality Control and Assurance (OC&A) Implementation CONSULTANT will provide an on-site field representative during the FY09 cell construction activities. A project manager will provide support to the field representative as required for certain technical and administrative tasks. A general description of these services is as follows: CONSULTANT's project manager and the on-site field representative will attend a preconstruction meeting held at the landfill with the contractor and Iowa City staff to address items associated with construction start-up. CONSULTANT's purpose at the meeting will be to discuss anticipated construction problems, establish the communication and authority chain, discuss QC&A requirements and expectations, site safety, and to verify the construction schedule and sequence. The meeting will be summarized in a memorandum provided to all attendees. O:\PRO.J\191130,IWDMINWGT-FY09FIELDOC8AVIGT-052510-FY09CONSTSERVICES&LFG MGF.DOC The project manager's primary role during the construction period includes the following: Log in, review, and approve contractor submittals and shop drawings. Review and provide recommendation of contractor's pay requests, and verifying work completed with HR Green's field representative. Initiate correspondence with contractor regarding coordination of field orders and change orders. Respond to requests for information. Review, interpret and clarify drawings and specifications. General correspondence with CITY, HR Green employees, and contractor. Work with the HR Green field representative/QC&A field engineer to verify that requirements are being met and properly documented. Periodically attend progress meetings to address contract and QC&A issues. Participate with the CITY and HR Green field representative in the punch list and project closeout process. The contractor will be required to hold, at minimum, weekly progress meetings to be attended by representatives of the CITY, HR Green, and the contractor. HR Green's field representative will attend and facilitate each of the weekly meetings. The project manager is budgeted to attend up to 15 meetings. When not at the site, the project manager will participate in the weekly meetings by telephone, as needed. Meeting minutes will be prepared after each meeting and distributed to all attendees. The agenda for these meetings include, but are not limited to, the following: Review and approval of the previous week's meeting minutes. Work progress since last meeting. Planned work activities. Field observations/problems/conflicts. Schedule. Safety. • Special coordination with landfill activities. QC, compliance with specifications. Submittals/requests for information. Changes or modifications in plans and specifications. Billings. • Next meeting (schedule and preliminary agenda). CONSULTANT's project manager will also fulfill the role of QC&A officer. The QC&A officer is a professional engineer registered in the State of Iowa and will implement the QC&A program in accordance with the Iowa Administrative Code and the IDNR approved QC&A Program Manual for the FY09 Stage 1 Cell Construction. CONSULTANT's on-site field engineer will be delegated by the OC&A officer to provide on-site construction quality assurance services for documentation of the liner and leachate collection systems. The on-site field representative will be under the direction of the QC&A officer. QC&A services include the following: Collect and catalogue source testing results of materials as may be required by the contractor in the contract documents. Observe and document subbase construction. O:\PRO.A797730,MDMINWGT-FY09FIELDOC&AWGT-052510-FY09CONSTSERVICES&LFG MGF.DOC Observe and document proof roll of subbase. Observe and document placement of groundwater collection layer and piping. • Coordinate CITY's contracted testing laboratory for testing of the granular drainage material. Observe and document contractor's placement of clay liner. • Coordinate CITY's testing laboratory to conduct field moisture/density testing of the clay barrier layer. Assist in coordinating required surveying for QC&A documentation. All surveying will be conducted by the CITY. Observe and document the installation of the geomembrane liner. Record lot/batch numbers of all geosynthetic rolls delivered on-site. Document geosynthetic non-destructive testing performed by installer. • Coordinate collection of destructive test samples for laboratory analysis as needed. Coordinate destructive testing with CITY's contracted testing laboratory. Observe and document the installation of the geocomposite drainage layer. Observe and document the installation of the leachate drainage layer (tire derived aggregate), trench rock, and leachate collection piping. Compile QC&A data in tabular form as it is submitted. Take construction photographs. Prepare daily field progress reports detailing major work and quality assurance activities, problems encountered, and compliance with specifications. Attend weekly construction progress meetings and participate in issues pertaining to OC&A. Assumptions The proposed budget is based on the current schedule which identifies the construction period extending over a 58 week period (including a 12 week shutdown over the winter months). The OC&A engineer is budgeted for a total of 2,530 hours which is based on an average of 55 hours per week (not including the 12 week winter shutdown). • CONSULTANT will not provide "means or methods" to the contractor during construction. All surveying will be paid by CITY under a separate contract, or as an addendum/change order to the construction contract. • CONSULTANT will coordinate moisture/density testing, in-situ liner sampling, and geotechnical laboratory testing with the CITY contracted testing firm. Contracting and payment for these testing services will be made directly by the CITY. B. Landfill Gas Odor Mitigation CONSULTANT will design an extension of the existing LFG collection system to enhance gas collection along the west side of landfill cells FY95 through FY06 for purposes of odor mitigation. This extension of the landfill's LFG collection system is intended to be operational for several years; at least until the height of waste in cell FY09 reaches about 60 feet. When waste depths exceed the elevations of the well heads, this portion of the system will need to be modified or abandoned. Based on a preliminary concept plan, the design will generally consist of the following elements: O:\PROJ\191130.MDMINWGT-FY09FIELDOCBA\AGT-052510-FY09CONSTSERVICES&LFG MGF.DOC A branch header (size to be determined) will be connected from the existing 10 inch diameter header located in FY89 and extended to the west Phase 2 landfill slope. This branch header will be designed in a loop to minimize head losses and to provide some redundancy in the event that sag (differential settlement) develops in the pipe. The other end of the loop will extend to the north and connect to the existing header at the flare. There will be one or two drip-leg(s) at the low point(s) that will discharge condensate to the leachate collection system along the west side of the existing cells. A series of vertical extraction wells will be installed along the west slope of cells FY95 through FY06 and connected to the branch header. In addition to vertical wells, a vacuum line (from the branch header) will be connected directly to the FY02 leachate manhole. CONSULTANT will prepare engineering drawings and specifications for the proposed LFG system extension. The intent is to include the construction of this LFG work as an addendum to the FY09 construction documents. Along with the technical design, this addendum will include a revised bid form and supplemental specifications to fully incorporate this work into the FY09 bid documents. It is anticipated that the drawings will include three sheets that include the existing header layout and points of connection, the layout of the new branch header, vertical extraction wells, and engineering details. Written specifications will be prepared as necessary to supplement the existing FY09 Project Manual. Concurrently with the 100% completion of this design, CONSULTANT will update the Engineer's Opinion of Probable Construction Cost that was previously submitted for the FY09 project. The bidding period for this work began May 11. To meet the bidding schedule, CONSULTANT completed this Task for inclusion with the Addendum #1. Assumptions/Design Limitations There are multiple sources of odors at any municipal landfill. The gas collection measures outlined in this agreement are intended to reduce odors caused by excessive release of LFG from the west side of the existing cells. These measures will not address odors emitted from the surface of exposed waste and exposed leachate. Successful reduction of odors during and after construction therefore depends on a combination of gas collection, use of soil cover over waste, and control of surface water and leachate. The proposed header branch could eventually be buried under up to 50 feet of future landfill waste. The design will allow for some differential settlement by designing a minimum three percent pipe slope to drainage points. Due to the non-homogeneous nature of landfill waste, the amount of future differential settlement over this area is impossible to predict and the potential for future sags in the header must be recognized. The existing header and flare system is near its maximum operating capacity. It is possible that the capacity of the existing system will limit the operation of the proposed odor control wells. Aggressive odor control on the west side may require reduced flows at the other existing wells. This will require landfill staff to re-balance the well field as necessary to achieve the desired results. We assume this construction does not require changes in the landfill's air permit. However, we will notify the IDNR Solid Waste Section of the project. If required, O:\PRO,1\191130JWDMIMAGT-FY09FIELDOCBAWGT-052510-FY09CONSTSERVICES&LFG MGF.DOC we will submit to the IDNR, plans and specifications along with a cover letter explanation of the modifications. Bid documents for this proposed LFG work will be incorporated into the FY09 bidding documents as an addendum. Contract and construction oversight will be provided by City staff. Costs for surveying are not included. Surveying documentation will be provided by City. TIME OF COMPLETION CONSULTANT shall provide on-site field services, including QC&A program implementation, over the construction period of landfill cell FY09 Stage 1. The current schedule identifies this will occur over a 58 week period with a 12 week shutdown/slowdown during the winter months, starting in July 2010 and ending in August 2011. Using the data and documentation collected as part of the OC&A program, when the project is substantially complete, CONSULTANT will prepare and submit a final certification report for submittal to the IDNR in accordance with 567 IAC 113.7(6)d. This portion (final report) of the QC&A program is not included in this Agreement but was previously included in the November 5, 2007 Agreement between CONSULTANT and CITY, as amended August 11, 2008 (Amendment #1). Design and preparation of the LFG odor mitigation system addendum is complete and was submitted to potential bidders May 18, 2010. GENERAL TERMS A. The CONSULTANT shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the CITY terminate this Agreement, the CONSULTANT shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The CITY may terminate this Agreement upon seven (7) calendar days written notice to the CONSULTANT. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the CONSULTANT by the CITY for the purpose of the Project shall be as an independent contractor and shall be O:\PRO,J~191130JWDMIMAGT-FY09FIELDOCBA\AGT-052510-FY09CONSTSERVICES&LFG MGF.DOC exclusive, but the CONSULTANT shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the CITY that all records and files pertaining to information needed by the CONSULTANT for the project shall be available by said CITY upon reasonable request to the CONSULTANT. The CITY agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the CITY, the CONSULTANT shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the CITY shall be given with reasonable notice to the CONSULTANT to assure attendance. H. The CONSULTANT agrees to furnish, upon termination of this Agreement and upon demand by the CITY, copies of all basic notes and sketches, charts, computations, and any other data .prepared or obtained by the CONSULTANT pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the CONSULTANT shall not be liable for the CITY'S use of such documents on other projects. I. The CONSULTANT agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The CITY agrees to tender the CONSULTANT all fees in a timely manner, excepting, however, that failure of the CONSULTANT to satisfactorily perform in accordance with this Agreement shall constitute grounds for the CITY to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. L. Original contract drawings shall become the property of the CITY. The CONSULTANT shall be allowed to keep mylar reproducible copies for the CONSULTANT'S own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the CITY. N. Upon signing this agreement, CONSULTANT acknowledges that Section 362.5 of the Iowa Code prohibits a CITY officer or employee from having an interest in a contract with the CITY, and certifies that no employee or officer of the CITY, which includes members of the City Council and CITY boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. O:\PROJ\191130JWDMIMAGT-FY09FIELDOC&AWGT-052510-FY09CONSTSERVICES&LFG MGF.DOC O. Professional Coverage -The CONSULTANT agrees at all times material to this Agreement to have and maintain professional liability insurance covering the CONSULTANT'S liability for the CONSULTANT'S negligent acts, errors and omissions to the CITY in the sum of $1,000,000. IV. COMPENSATION FOR SERVICES A. On-Site Field Representative and Implementation of OC&A Program $457,000 B. LFG Odor Mitigation Design and Bidding Document Addendum 17.400 $474,400 Payment Schedule: CONSULTANT shall bill CITY monthly for services and reimbursable expenses. Payment shall be due and payable within thirty (30) days of CITY'S receipt of invoice. The monthly payments shall not total an amount in excess of the total contract. CONSULTANT services rates and reimbursable expenses rates are included as Attachment A to this document. If CITY fails to make monthly payments due CONSULTANT, CONSULTANT may, after giving seven (7) days' written notice to CITY, suspend services under this Agreement until CITY has paid in full all amounts due. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Title: Ma~~~r Date: June 1. 2010 FOR THE CONSULTANT By: ~ ~ I / Title: ~/•~,~ ~>/s~ ~1~-.~. ~~ _ Date: S/ ~~ ~ ATTEST: ~~ ~~A-~ ~ ~ ~~~~/ ~ ~ ~~ ~~~ AtcQr-le-y's Ot~c~ ~ 2L~~/J O:\PROJ\197130.MDMIMAGT-FY09FIELDOC&A\AGT-052510-FY09CONSTSERVICES$LFG MGF.DOC Attachment A Billing Rate Schedule Effective January 1, 2010 Professional Services Principal Senior Professional Professional Junior Professional Senior Technician Technician Senior Field Personnel Field Personnel Junior Field Personnel 1 -Person w/GPS or Robotic Equipment 2 -Person Crew w/GPS or Robotic Equipment Administrative Billing Rate Range $185 to $225 $135 to $185 $110 to $160 $80 to $110 $75 to $100 $50 to $80 $100 to $150 $70 to $100 $50 to $80 $105 $155 $40 to $75 Reimbursable Expenses 1. All materials and supplies used in the performance of work on this project will be billed at cost plus 10%. 2. Auto mileage will be reimbursed per the standard mileage reimbursement rate established by the Internal Revenue Service. Survey vehicle mileage will be reimbursed on the basis of $0.85 per mile. 3. Charges for sub-consultants will be billed at their invoice cost plus 15%. 4. A rate of $6.00 will be charged per Howard R. Green labor hour for a technology and communication fee. 5. All other direct expenses will be invoiced at cost plus 10%. O:\PRO,A791130JWDMINWGT-FY09FIELDOC&AWGT-052510-FY09CONSTSERVICES&LFG MGF.DOC Zo Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 10-301 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND NEW PIONEER'S COOPERATIVE SOCIETY FOR A PORTION OF VAN BUREN STREET IN IOWA CITY, IOWA. WHEREAS, New Pioneer's Cooperative Society (hereinafter referred to as "Owner") owns property addressed as 22 S. Van Buren Street and legally described as Lots 6 and 7 and the north 75' of Lot 5, Block 40, including all of the former CRI&P Railroad right-of-way running over Lots 1, 2, 5, 6, and 7 and including that part of the east'/2 of Lot 1 lying southerly of the former Railroad right-of-way, Original Town, Iowa City, Iowa; and WHEREAS, 22 S. Van Buren Street is located within the flood plain of Ralston Creek and has received building damage from previous flooding events; and WHEREAS, Owner desires to protect 22 S. Van Buren Street from future flooding events; and WHEREAS, Owner desires to provide for the installation of a flood protection system during flood emergencies to protect the building located at 22 S. Van Buren Street from potential future flood damage; and WHEREAS, to prepare for the possible installation of the flood protection system, Owner desires to install anchor bolts within the sidewalks along Van Buren Street adjacent to 22 S. Van Buren Street in order to allow the filood protection system to be anchored to the sidewalk; and WHEREAS, the City of Iowa City is responsible for the care, supervision, and control of public right-of- way; and WHEREAS, the Department of Public Works finds the use of a portion of the Van Buren Street right-of- way for placement of a flood protection system during flood emergencies to be a minimal intrusion into the public right-of-way, and also finds that it is in the public's interest to allow for the installation of the flood protection system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached agreement between the City of Iowa City and the New Pioneer's Cooperative Society to use Van Buren Street public right-of-way as set out in said agreement for placement of anchors and a flood protection system is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at the New Pioneer's Cooperative Society's expense. Resolution No. 10-301 Page 2 Passed and approved this 1st day of June , 2010. ~~ MAYOR Approved by ATTEST: ®/~I ~~_~ 9~ - 7C~~1~ ~ Gu-c~- ~~k CI ERK City Attorney's Office ~/~ ~ I v It was moved by Champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x X Bailey Champion Dickens Hayek Mims Wilburn Wright AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND NEW PIONEER'S COOPERATIVE SOCIETY FOR A PORTION OF VAN BUREN STREET IN IOWA CITY, IOWA. This Agreement is made by and between New Pioneer's Cooperative Society (hereinafter referred to as "Owner's and the City of Iowa City, Iowa, a municipal corporation, (hereinafter referred to as "City'. WHEREAS, Owner owns property addressed as 22 S. Van Buren Street and legally described as Lots 6 and 7 and the north 75' of Lot 5, Block 40, including all of the former CRI&P Railroad right-of-way running over Lots 1, 2, 5, 6, and 7 and including that part of the east ~/2 of Lot 1 lying southerly of the former Railroad right-of-way, Original Town, Iowa City, Iowa; and WHEREAS, 22 S. Van Buren Street is located within the flood plain of Ralston Creek and has received building damage from previous flooding events; and WHEREAS, Owner desires to protect 22 S. Van Buren Street from future flooding events; and WHEREAS, Owner desires to provide for the installation of a flood protection system during flood emergencies to protect the building located at 22 S. Van Buren Street from potential future flood damage; and WHEREAS, to prepare for the possible installation of the flood protection system, Owner desires to install anchor bolts within the sidewalks along Van Buren Street adjacent to 22 S. Van Buren Street in order to allow the flood protection system to be anchored to the sidewalk; and WHEREAS, the City of Iowa City is responsible for the care, supervision, and control of public right-of-way; and WHEREAS, the Department of Public Works finds the use of a portion of the Van Buren Street right-of-way for placement of a flood protection system during flood emergencies to be a minimal intrusion into the public right-of-way, and also finds that it is in the public's interest to allow for the installation of the flood protection system. NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES SET FORTH BELOW, THE OWNER AND CITY AGREE AS FOLLOWS: 1. In consideration of Owner's promises herein, City agrees to permit Owner to install anchor bolts within the existing sidewalk and to maintain said sidewalk to provide for the potential installation of a flood protection system during flood emergencies as a temporary use that portion of the Van Buren Street public right-of-way shown on Attachment A, attached and incorporated herein. In addition, City agrees to permit Owner to install, locate, and maintain said flood protection system, if Ralston Creek conditions present a threat of flood damage to 22 S. Van Buren Street and according to the terms set forth herein, as a temporary use of the Van Buren Street public right-of-way. The temporary use shall conform to Attachments A and B, attached hereto and incorporated herein by this reference. 2. Owner agrees to submit construction plans and specifications for the flood protection system to the City for review and approval prior to any construction or reconstruction, the design and construction of which shall be in accordance with the specifications and requirements of the City, together with all applicable City regulations and ordinances. Owner further agrees to use, manage, and maintain the area utilized as depicted in Attachment A and B in compliance with the City approved construction plans, together with all applicable City regulations and ordinances. In addition, any changes to the approved plans, must first receive prior approval from the City. The City does not warrant and/or certify the effectiveness of the flood protection system. Owner shall not be deemed as acting as an agent or representative of the City in the performance of the rights granted herein. 3. It shall be the Owner's responsibility to evaluate the existing sidewalk to assure that the integrity of the sidewalk will accommodate and sustain the flood protection system. 4. Owner acknowledges that there are two public storm sewer that pass under the building at 22 S. Van Buren Street and that the presence of these storm sewers may present challenges that shall be considered when designing a flood protection system. 5. If Ralston Creek is forecasted to rise to a point in which Owner believes there is threat of damage to 22 S. Van Buren Street and Owner therefore desires to erect all or a portion of the flood protection system, Owner shall first notify the City and receive consent from the City, prior to commencement of installation, of its intentions to install the flood protection system. 6. To limit the frequency and duration of sidewalk closures, installation of the diagonal bracing shown on Attachment B shall be limited only to times of imminent risk. 7. At such times when the flood protection system is installed and diagonal bracing is in place, fencing to close the sidewalk will be necessary and Owner agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: a. Route pedestrians through or around the flood protection system. b. Provide advance warning. c. Provide for the orderly, predictable and ADA accessible movement of pedestrian traffic. All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 8. Owner agrees that this agreement may be terminated and it will remove any and all improvements it installed pursuant to this Agreement from City right-of-way on Van Buren Street when any one of the following events occurs: a) Within 30 calendar days after the City gives written notice of termination and/or removal to the Owner. b) The use of the property changes and the area of the property described in Attachment A is no longer needed or appropriate, as determined by the City in its reasonable discretion. If Owner fails to remove the improvement installed pursuant to this Agreement from the Van Buren Street right-of-way as required, the City may remove the improvements and the cost thereof shall be billed to Owner for payment to City. 9. Owner agrees to maintain the flood protection system and/or anchoring bolts in good and reasonable repair, and minimize safety hazards to passing pedestrian traffic including, but not limited to, trip hazards to pedestrian traffic. 10. In the event the anchoring bolts are ever replaced for any reason, Owner agrees to replace them according to the requirements and approval set forth in Paragraph Two (2) above. 11. Owner agrees that in the event the City requires use of any part of the right-of-way for any purpose, and/or must remove any portion of anchoring bolts and/or flood protection system, City is not responsible for the restoration of, replacement, or payment of damages for said anchoring bolts and/or flood protection system, and it shall be the Owner's burden to restore the anchoring bolts and/or flood protection system at their expense if they choose. 12.Owner agrees to indemnify, defend and hold the City harmless in connection with any liability whatsoever arising in regard to the installation, maintenance, use, location, regulations or repair of said anchoring bolts and flood protection system, including any liability which the City may incur as a result of its decision to allow placement of said anchoring bolts and flood protection system within the Van Buren Street right-of-way. However, Owner shall not be held responsible as to claims that that the City's actions were ultra vires. Owner is required and agrees to maintain or cause to be maintained liability insurance, in the minimum amount of $1,000,000, with contractual liability coverage included as part of such insurance, and shall furnish a certificate of insurance for that policy, satisfactory to the City. Owner agrees to maintain or cause to be maintained such insurance in force until the anchoring bolts and flood protection system are removed from. City right-of-way, and failure to maintain such insurance in force shall automatically terminate the grant of permission contained herein. The parties agree that the City may require reasonable increases in the amount of coverage in order to provide comparable coverage protection in the future. Notwithstanding Paragraph Six (6) above, if the required insurance is not maintained, the City shall have the right to remove the improvements installed pursuant to this Agreement following thirty (30) calendar days prior written notice to Owner. The cost of such removal shall be assessed as a lien against the property and collected as a property tax in the manner provided in Section 364.12(2)(e), Code of Iowa (2009). No compensation shall be provided to Owner for loss of use of the Van Buren Street right-of-way if City determines that the use Van Buren Street right-of-way shall be returned to the City. 13. Owner acknowledges and agrees than no property right is conferred by this grant of permission; that the City is not empowered to grant a permanent use of its street right-of- way for private purposes; and notwithstanding Paragraph Six (6), that the City may order said anchoring bolts and/or flood protection system removed at any time if, for any reason, the Public Works Director determines that the property upon which the anchoring bolts and/or flood protection system are located is needed for public use and/or should be cleared of any and all obstructions. 14. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 15. This Agreement for Temporary Use of Public Right-of-Way shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this 1st day of rune , 2010. CITY OF IOWA CITY, IOWA By: /~- Matthew J. Hayek, Ma r Attest: ~~~~ `~`~ ~~ Marian K. Karr, City Clerk NEW PIONEER'S COOPERATIVE SOCIETY By: Print Name Approved by: ~~ ~~ City Attorney's Office 5 ~ 21~e I i ~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) S7 On this / day of J 4,~>_ ,. 2010, before me, Sw~~~ai^ ~r~~r , a Notary Public in and for the State of Iowa, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. ib- ~c>I passed by the City Council on the / s,, day of ~~~~ r-_ , 2010, and that Matthew J. Hayek 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. ~e9`^~,r SONDRAE FORT ~L'r'CLnctt ~o-r~ i ~ Commission Number 159791 Notary Public in and for the State of Iowa. My Commission F~cpires -ow ~ My Commission expires: 3 ~ 7fao,l-~Z NEW PIONEER'S COOPERATIVE SOCIETY ACKNOWLEDGEMENT STATE OF IOWA ss: JOHNSON COUNTY ) This instru nt w s acknowledged before me on ~ ~ ZS ' ~ , 2010 by /7 ~ a~~ 2~ ~~~ r-~Z (name of person) as n ~Gc rt (type of authority, e.g, officer, trustee, etc.) of New Pioneer's Cooperative Society. /~.~ Cry /~. ~ ~~. o~wain~ s KELLIE K. TUTTLE Notary Public in and for the State of Iowa $ ~ Commission Number 221819 My Com issi Expires i~r~f~ ~ My Commission expires: `f" ~ I ." N ~" S -G~ SCE ~. 3 i, - STORM MH # J~ ~ ~ 656.79 RIME - " s''s l 3 I~.1? S 653 ~ ~ ; 6}.9-g~BOT~ OM MH ~ ~ .: f ~~'S' } i ~ 's ;r :. ~ 3 ~ ~ M ;- ~ ' # O ' z z ~ a 9 .; " ~« "~ ~ .. . N W ~ N t ~ ° ,< ~ HH r Q ji' Vl ~ i ~ d 1 N ~ PM O ~, 3 W ~ s t ~ ( - ~ ~ ' 3 i # Z PCC .,r ,~ . ~ ACC OyERLAYk o M ~ + m { i ~ ~ ~~ ' Q ,~ , ~ ; ~ ~, ~ ; '~ INTAKE ~. t 656.44 RIM i 653.4~IE 12" N pM ~~, ~ O :' 1 ;~ . 4 ~1 ~ r z S ~ .t, PM J , i O 5S ~ w . 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I y ~ ~ a \ \ ~ U ~ ~ ~ W \ www^ cim ~timo 0 ~ ~ Q ~ W ^ \ \ F r o~~ w ~Z ~~ ~v ° ~ ~~++ aa U Qmt ~ ~ W ~ Z 'v .c ayN ~~ e \ e io r` ~ j2WQ ~~=0 NWoQ mU "~ QGw ZNQp ~~W ~, I I =W ~, \ WN Z N~3~~JJ ~Z= ~ ry~M ¢N O r. ~'~ZA 4¢J W`~ U ¢ = xwx Za¢ ~\ ~ ~ v ~<aQ o~~ x r w ~~ N w `.~-.?z¢ OOwj .l .l .Z .L .l ~ .Z ~. ~ p = ~ O r r .9 ~SNOIl~ln3l3 33S) ~13NSt1J JNIafJ~~NI)1HJI3H Ol31HS NZ/L Sb _ __ ~ ~ o 5 °o w Z o wry aO ~ ra = U ~° ~° ~° °~ /~~i = U zp g w X z m ~ ~ U xm0. ~N \ \ ~ ~ O w ~ g~ ~ ~w'¢~C7 Zu77 I I }. m~~ em ~w~owz ~@Jj w z az Kv 7<.~.I~'aoa x~ I ~ U.OOU .¢ cm~n ¢u~.OV-O Nr l I I I h ` T ~ o ~ ~r I I ~ t~ m W O I I W O ~ W ~ ~ tY I I a x F-- w W W I I w \ ~~ `~ ~~W - r zW i \ ¢~`- Z UU~' p w0 ~ ~r Y ZZ ~ B ~ ' ~ UUZ ~O W -..,i \ a Z oo N Q t O W \\ W~~ w ,~ ~ °,' \ cn p 8 w Uz ~ wOp'~oo W~i ~w5o~ w LL 4d' ~ ~ Y ~WO W F"¢ I W m~ ' ~~~~y X10- =wza'¢ ~ Uz 2 ~~ wz' ~Z ~m w ¢ ~¢ 1 V ¢~ _ ~ mahrW wm oxaQ 3 `,~~ ~.sr~ ~ X~ m0 ~zzar ow ~Ow~ o iv¢ Z ~Q w~ r0= Z NJ w o ~~ xrw~ v vi w .~ ~W3 ~ Z V' N >' M~~ '.~,:: . ~1 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319-356-5030 RESOLUTION NO. 10-302 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 201 PERSON AVENUE, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. WHEREAS, under Iowa Code section 364.12A, a city may condemn a residential building found to be a public nuisance and take title to the property for the purpose of disposing of the property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing; WHEREAS, the property locally known as 201 Person Avenue, Iowa City, Iowa ("the property"), which contains a single family dwelling, is a public nuisance; WHEREAS, the record title holders to the property are Barry D. Matsumoto and Bessie S. Matsumoto; WHEREAS, on June 6, 1988, the court dissolved the marriage between Barry D. Matsumoto and Bessie S. Matsumoto in In re Marriage of Matsumoto, Johnson County No. 6875, and approved a stipulation that provided for the property to be sold; WHEREAS, the records of the Johnson County Recorder's office show the owners of record remain Barry D. Matsumoto and Bessie S. Matsumoto; WHEREAS, City staff believes that Bessie S. Matsumoto resides in California and Barry D. Matsumoto resides in Iowa City, Iowa but not at the subject property; WHEREAS, since January 18, 2005, there has been no water service at the property; WHEREAS, City staff first began receiving complaints about the property in October of 2008 with the complainant expressing concern that the owner was incapable of maintaining the property; WHEREAS, on October 13, 2008 City staff followed up on the complaint and inspected the property; WHEREAS, City staff observed a large hole in the main roof, and based on the shape and debris around the hole, it was being used and enlarged by animals getting into the interior of the house; WHEREAS, the general exterior appearance of the property was poor including rotting wood, missing shingles, peeling paint, broken and dangerous steps and the retaining wall along the driveway was leaning badly and about to fall over; WHEREAS, from condensation in the windows, it was also apparent to staff that water was getting into the interior; Resolution No. 10-302 Page 2 WHEREAS, on October 17, 2008, the City sent a Notice of Violation to the owner requiring that the roof be fixed by November 15, 2008; WHEREAS, the owners did not respond to the Notice of Violation; WHEREAS, because the snow season started early that winter and it would be difficult to re- shingle the roof during the winter season, the issue was not addressed again by City staff until the spring of 2009; WHEREAS, on February 25, 2009, the City sent a second Notice of Violation to the owner requiring that the roof be fixed by April 1, 2009, and again there was no response from the owner; WHEREAS, neighbors expressed concern again to City staff about the condition of the house and the hole in the roof worsened over the winter; WHEREAS, on March 5, 2009, a notice was sent to the owner requiring that the property be registered as a vacant property; WHEREAS, on April 3, 2009, a neighbor called City staff to say the second story screen and balcony doors were open and swinging in the wind and City inspectors contacted the Iowa City police to check on the property; WHEREAS, on April 8, 2009, City staff sent an email to the Barry D. Matsumoto detailing the issues and stressing that action was required, and he responded via email on April 9, 2009 with a short message stating that he was trying to arrange to have the roof fixed and that he had secured the open doors; WHEREAS, because nothing was done concerning the maintenance on this property and because the owner had not registered the house as vacant property, the City issued two municipal infraction citations in early May of 2009 to the owner; WHEREAS, in Johnson County case number CISC074247, the City alleged that the owner violated Section 17-5-19 of the City Code by having a hole in the roof and in Johnson County case number CISCO74246, the City alleged that the owner violated Section 6-1-5 of the City Code by failing to register a vacant building; WHEREAS, the owner pled guilty to both citations, and the court ordered him to pay the fines and court costs and to fix the roof by August 28, 2009 and register the property as a vacant building by July 17, 2009; WHEREAS, because the owner did not comply with the court's orders, the City issued two more citations for each offense on September 1, 2009, Johnson County case number CISC075102 (for violating Section 6-1-5 of the City Code by failing to register a vacant building) and Johnson County case number CISC075103 (for violating Section 17-5-19 of the City Code by having the hole in the roof); .WHEREAS, the owner did not appear at his initial appearance on September 17, 2009, and the City requested a search warrant from the court to evaluate the condition of the property; Resolution No. 1~_,~92 Page 3 WHEREAS, on September 17, 2009, the court entered default judgments in both cases and ordered that the roof be fixed and the property registered as a vacant building by October 1, 2009; WHEREAS, on September 23, 2009, City inspectors executed the search warrant and brought with them a structural engineer; WHEREAS, because of the condition of the roof, staff observed considerable water damage done to the interior ceilings and walls and the ceilings in a few of the rooms have actually partially collapsed; WHEREAS, staff also found that the house is full of garbage, debris, junk and dog feces, and as stated in the engineering report, there is serious structural damage in the garage; WHEREAS, the City attempted to serve Bessie S. Matsumoto personally in California with a municipal infraction citation and was unsuccessful, but did serve the citation on her by publication; WHEREAS, on March 4, 2010, the court entered a default judgment against Bessie S. Matsumoto in Johnson County case number CISC076026 for having a hole in the roof and for failing to register a vacant building in violation of Sections 17-5-19 and 6-1-5 and ordered her to cure the violations by March 10, 2010; WHEREAS, neither Barry D. Matsumoto nor Bessie S. Matsumoto complied with the court orders; WHEREAS, on April 6, 2010, the City again inspected the house from the exterior and observed a new major hole in the north end of the roof and the driveway retaining wall has completely collapsed; WHEREAS, the inspection also demonstrated that the house is not secure, a second floor window was wide open; WHEREAS, it is the opinion of City staff that the house can be saved and rehabilitated, but if it is allowed to remain in its current condition for much longer, the house will be beyond economically feasible to salvage; WHEREAS, said property has become a serious detriment and hazard to the neighborhood; and WHEREAS, absent intervention, it is highly likely that said property will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house will no longer be salvageable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The property. locally known as 201 Ferson Avenue, Iowa City, Iowa is a public nuisance. Resolution No. 10-302 Page 4 2. It is in the public interest of the City of Iowa City to acquire said property for the public purpose of disposing of said property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. 3. The City Manager, or designee, in consultation with City Attorney's office, is authorized and directed to establish, on behalf of the 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. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of said property. 5. The City Manager, or designee, is authorized to sign offers of purchase and purchase agreements for the purchase of said property. 6. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 7. In the event the property cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of said property. Passed and approved this 1st day of June , 2010. '~~ MAYOR ATTEST: ~ °~;~r--L'~/ CIT LERK Approved by ~o-! ~(~ City Attorney's Office Resolution No 10-302 Page 5 It was moved by champion and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: x ~- x x ~- ~_ ~._ NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdatalglossarylresolution-ic. doc 06-01-10 21 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319-356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 201 PERSON AVENUE, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. WHEREAS, under Iowa Coc(e section 364.12A, a city may con mn a residential building found to be a public nuisance and t e title to the property for the pur ose of disposing of the property by conveying the property t a private individual for reh ilitation or for demolition and construction of housing; WHEREAS, the property locally knov~ as 201 Person Aver~Ge, Iowa City, Iowa ("the property"), which contains a single family dwelling, a public nuisanc ; WHEREAS, the record title holders to the roperty ar Barry D. Matsumoto and Bessie S. Matsumoto; WHEREAS, on June 6, 1988, the court dissolved marriage between Barry D. Matsumoto and Bessie S. Matsumoto in In re Marriage of Mats oto, Johnson County No. 6875, and approved a stipulation that provided for the prope t e sold; WHEREAS, the records of the Johnson Coui remain Barry D. Matsumoto and Bessie S. M WHEREAS, City staff believes that Bessie Matsumoto resides in Iowa City, Iowa butt WHEREAS, since January 18, 2005, WHEREAS, City staff first began with the complainant expressing property; WHEREAS, on October 13, property; WHEREAS, City staff ob. debris around the hole, it house; motor office show the owners of record Matsumoto resid at the subject pry has been no water in California and Barry D. at the property; ~ complaints about the property,in October of 2008 that the owner was incapable of maintaining the City staff followed up on the complaint and inspected the d a large hole in the main roof, and based on the shade and being used and enlarged by animals getting into the interior of the WHEREAS, the general exterior appearance of the property was poor including rotting wood, missing shingles, peeling paint, broken and dangerous steps and the retaining wall along the driveway was leaning badly and about to fall over; WHEREAS, from condensation in the windows, it was also apparent to staff that water was getting into the interior; Resolution No. Page 2 WHEREAS, on October 17, 2008, the City sent a Notice of Violation to Barry D. Matsumoto ("the owner") requiring that the roof be fixed by November 15, 2008; WHEREAS, the owner did not respond to the Notice of Violation; WHEREAS, because the sir ,ow season started early that winter and it would be difficult to re- shingle the roof during thew ter season, the issue was not addressed again by City staff until the spring of 2009; WHEREAS, on February 25, 2009, the City sent a second Notice of Violation to the owner requiring that the roof be fixed by April 1, 2009, and again there was no response from the owner; WHEREAS, neighbors expressed concern again to City s about the condition of the house and the hole in the roof worsened over the winter; WHEREAS, on March 5, 2009, a notice was sent to a owner requiring that the property be registered as a vacant property; WHEREAS, on April 3, 2009, a neighbor call, City staff to say the second story screen and balcony doors were open and swinging in th ind and City inspectors contacted the Iowa City police to check on the property; '~ WHEREAS, on April 8, 2009, City st sent an a ail to the owner detailing the issues and stressing that action was required nd he respon ed via email on April 9, 2009 with a short message stating that he was t g to arrange to h ve the roof fixed and that he had secured the open doors; WHEREAS, because n ing was done concerning he maintenance on this property and because the owner hnot registered the house as acant property, the City issued two municipal infraction:Citations in early May of 2009 the owner; WHEREAS, in Johnson County case number CISC 74247, the City alleged that the owner violated Section 17-5-19 of the City Code by having' a hole in the roof and in Johnson County case number CISCO74246, the City alleged that the owner violated Section 6-1-5 of the City Code by failing to register a vacant building; WHEREAS, the owner pled guilty to both citations, and the court ordered him to pay the fines and court costs and to fix the roof by August 28, 2009 and register the property as a vacant building by July 17, 2009; WHEREAS, because the owner did not comply with the court's orders, the City issued two more citations for each offense on September 1, 2009, Johnson County case number CISC075102 (for violating Section 6-1-5 of the City Code by failing to register a vacant building) and Johnson County case number CISC075103 (for violating Section 17-5-19 of the City Code by having the hole in the roof); WHEREAS, the owner did not appear at his initial appearance on September 17, 2009, and the City requested a search warrant from the court to evaluate the condition of the property; Resolution No. Page 3 WHEREAS, on September 17, 2009, the court entered default judgments in both cases and ordered that the roof be fixed and the property registered as a vacant building by October 1, 2009; WHEREAS, on September 23, 2009, City inspectors executed the search warrant and brought with them a structural engineer; WHEREAS, because of the condition of the roof, staff observed considerable water damage done to the interior ceilings and walls and the ceilings in a few of the rooms have actually partially collapsed; WHEREAS, staff also found :that the house is full of garbage, debris, junk and dog feces, and as stated in the engineering repotst~ there is serious structural damage in the garage; WHEREAS, the City attempted to rve Bessie S. M sumoto personally in California with a municipal infraction citation and was successful, t did serve the citation on her by publication; WHEREAS, on March 4, 2010, the court a tered default judgment against Bessie S. Matsumoto in Johnson County case numb CI C075103 for having a hole in the roof and for failing to register a vacant building in violatio oft Sections 17-5-19 and 6-1-5 and ordered her to cure the violations by March 10, 2010; WHEREAS, neither Barry D. Matsumoto nor ~es~e S. Matsumoto complied with the court orders; / WHEREAS, on April 6, 2010, the City agai inspect d the house from the exterior and observed a new major hole in the north end of the r f and the riveway retaining wall has completely collapsed; WHEREAS, the inspection also demor)";trated that the house is not secure, a second floor window was wide open; /~ \ WHEREAS, it is the opinion of Cit staff that the house can a saved and rehabilitated, but if it is allowed to remain in its current ondition for much longer, t e house will be beyond economically feasible to salvag ; WHEREAS, said property his become a serious detriment a hazard to the neighborhood; and WHEREAS, absent intervention, it is highly likely that said prop rty will continue to generate nuisance complaints and violations and will continue to deterior to and become even more hazardous until the hoWSe will no longer be salvageable. NOW, THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The property locally known as 201 Ferson Avenue, Iowa City, Iowa is a public nuisance. Resolution No. Page 4 2. It is in the public interest of the City of Iowa City to acquire said property for the public purpose of disposing of said property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. 3. The City Manager, or designee, in consultation with City Attorney's office, is authorized and directed to establish, on behalf of the 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. The City Manag or designee, is hereby authorized and directed to negotiate the purchase of said property. 5. The City Manager, or d ignee, is authorized to sign offers of purchase and purchase agreements for the purchas f said property. 6. In the event negotiation is succe ful, the Mayor nd City Clerk are hereby authorized, upon direction of the City Attorney, toe cute and ttest all documents necessary to effectuate the purchase of said property. The Att rney is hereby directed to take all necessary action to complete said transactions, as fired by law. 7. In the event the property cannot be cquir by negotiation, the City Attorney is hereby authorized and directed to initiat condem tion proceedings for acquisition of said property. Passed and approved this _~day of \~ , 2010. MAYOR ATTEST: CITY QLERK Approved by J ~~~~ J ~ a~ -~ a City Attorney's Office ~'` ~/ W H z a H W z eH a U W ~+ a' O H H x w H w I I I I I H I I I Z I N I I I I ~ I o I Lfl I (Y1 I I ~ I ~~ N I N I In I I I I I H I I I I z z I O a O Wr.GW I w ~ ~ I 1 O 'J-I I H H I O H I U I I ~ ~ I H H H 3 1 0 o O I N N H I w~ UZ-x--x- H H I I c I-~ I 1 ~i a I I W H I I U] (Ya I o\~ 1 I o\~ I 1 I N Lfl I q I O O I [i] I I I a I O (~ I a I ui W I H I rla'U)LfIN l~ 1 000 I r-I,--000 000 1 0 I OO I I •. , I U Cf~ 1 I p • O ~ H h q C~ I I O I I q I I ~ 00 rl I I p O O i- ••HM I I O U w I I Q H I I O .. Q .. O I I w U w _____-._I--___~,__~~_. I ~ E-+E-+E-( I .. g .. H OHc~ OWN U W u~ fx v] I~~ a ~ H W L7 E-I q ZHf=IUW W U W w H ~ f~I O CT-,u C l jci~ ~ f~ wcnC~xr~zE-1 I mz Q ~u z I aa r~~aagW~_'--Z~~ I cncnmaow ~~ ~ ~ I I c~~nor.Go I Oro pyoo I Ooo I ,~o H I H I O I W U I q ~ a N I a I h ~ I I ,-~ I H q q l N 1 [~ H (~ I ~ I w~la l I ~ I I I * ~ ~ O o 0 [~ L(1 O U] O I q 0 O I Zoo I Gq I W I O I ~ I N Fri ~ ~ I U I N I I FJ Ol I I U I f--I I I ~ I I H I .. I I .. ~ I ' q cn I C7 .. I Z ~ H ~ ~ .a I r iEI gP .,Wa I qH W .. ~ .. ~ O~ q~ w r~\ I ~CH~a~ I ao~+wUq~ I H a Q~ w~Cw~+~ I ws~~wwwa I c~gc~Ha I q ar~r~~f~-I I I xrx UU I ')< X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - W l~ Q X 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . (~ . q t` W N H O Z Ql ~I I (~ I .. .. .. H ' ww ~H ~ ~ N I H I .. w w w x q In o I I • ~ o I I ..fi]WG~,E-,qGa W H~+ UCH I O I .. .. ••w~Ci.l HOrU]Wa~ ..~ HW i ~ ~ W ..W~Z~-I~WOHZWUW~CWW UE~ I I H 30Ci,U E-Ia~Iq~rH~ W~E-IP;H ~Q ' ~~ ~ ~~~uHi~~OU~gq~Cl-~va]u]EO-+FC3 LOOKUP SCREEN FOR WATER MASTERFILE ACCOUNT: 057 950 02 CLERK: LH RESPONSIBLE PARTY NAME AND ADDRESS: 0 SERVICE NAME & ADDRESS: 2ND MTR? APT#: MATSUMOTO, BARRY 00000 0000 201 FERSON AVE APT#: 52246 3508 STATUS? A REFUSE? E WATER? N #UNITS? 1 BILLING NAME AND ADDRESS: SEWER? N CHARGES? 00 MATSUMOTO, BARRY TAX? Y DATE ON? 31-DEC-82 201 FERSON AVE USER TYPE? R ENTERED? APT#: IOWA CITY IA 52246 3508 *** METER INFORMATION *** * IN * * OUT ACTIVITY? PRDATE? METER#: 000002941 000000000 COL.CODE? 0 SIZE: 01 DATE: 20-SEP-82 READING: 13,600 0 WHERE? B NOR? DIGITS: 6 BCKFLOW METER: MUI? WATER SHUTOFF ACCT: 057 950 02 STATUS: A 2ND MTR? ADDR: 201 FERSON AVE WATER: N PROCESS CODE: MSIZE: 01 SEWER: N PROCESS DATE: DIGITS: 6 STORM: Y METER IN#: 000002941 REF/STRM: REFUSE: E MTR LOCATION: B TYPES OF READINGS A ACTUAL N NEWSET B REBILL CALC. R RESET E ESTIMATE S STOP/START F FINAL $ REBILL DLRS I FINAL INSP. M METER SET READING DATE TYPE QUANTITY 192,000 04-FEB-09 A 0 192,000 07-JAN-09 A 0 192,000 03-DEC-08 A 0 192,000 05-NOV-08 A 0 192,000 01-OCT-08 A 0 192,000 03-SEP-08 A 0 192,000 06-AUG-08 A 0 192,000 02-JUL-08 A 0 192,000 04-JUN-08 A 0 192,000 07-MAY-08 A 0 192,000 02-APR-OS A 0 192,000 05-MAR-08 A 0 192,000 06-FEB-08 A 0 NOTICE OF VIOLATION DATE :October 17, 2008 CITYOFIOWA CITY BARRY D & BESSIE S MATSUMOTO 201 PERSON AVE IOWA CITY, IA 52246 Case #: COM08-01578 Location of Violation: 201 PERSON AVE Dear Property Owner: According to the records of the tax assessor, you are the owner of the above-referenced property. On 10/13/2008, I observed an apparent violation of the Code of Ordinances of the City of Iowa City on your property. Type of Violation: 17-5-19: Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises Corrective Action Required: REPAIR ALL ROOF SYSTEMS INCLUDING HOLES -ALL EXTERIOR SYSTEMS MUST BE WATERTIGHT AND RODENT PROOF VIOLATION MUST BE ABATED ON OR BEFORE :11/1512008 If you believe that you are not in violation of the City Code, please contact this office to review the situation. If you intend to bring the property into compliance with the Code, but cannot meet the stated deadline, please contact this office and we will attempt to work with you on a short extension. If you do not take the requested action or make other arrangements with this office by the specified date, we will begin formal enforcement action. You will not receive an additional warning before we begin formal enforcement action. Enforcement action may include civil penalties, administrative remedies such as denial or revocation of City permits and licenses, criminal court proceedings, andlor action for an injunction or other court order directing elimination of the violation. If you wish to .discuss any aspect of this order, please call me at 319-356-5120. Sincerely, Jann Ream Code Enf. Asst. -j~ - - _ S _ f_ r 4' ~~. 4 COITI VlOl.rpl NOTICE OF VIOLATION DATE :February 25, 2009 CITYOFIOWA CITY BARRY D & BESSIE S MATSUMOTO 201 PERSON AVE IOWA CITY, IA 52246 Case #: COM08-01578 Location of Violation: 201 PERSON AVE Dear Property Owner: According to the records of the tax assessor, you are the owner of the above-referenced property. On 10/13/2008, I observed an apparent violation of the Code of Ordinances of the City of Iowa City on your property. Type of Violation: 17-5-19: Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises Corrective Action Required: REPAIR ALL ROOF SYSTEMS INCLUDING HOLES -ALL EXTERIOR SYSTEMS MUST BE WATERTIGHT AND RODENT PROOF VIOLATION MUST BE ABATED ON OR BEFORE :4/1/2009 If you believe that you are not in violation of the City Code, please contact this office to review the situation. If you intend to bring the property into compliance with the Code, but cannot meet the stated deadline, please contact this office and we will attempt to work with you on a short extension. If you do not take the requested action or make other arrangements with this office by the specified date, we will begin formal enforcement action. You will not receive an additional warning before we begin formal enforcement action. Enforcement action may include civil penalties, administrative remedies such as denial or revocation of City permits and licenses, criminal court proceedings, and/or action for an injunction or other court order directing elimination of the violation. If you wish to discuss any aspect of this order, please call me at 319-356-5120. Sincerely, Jann Ream Code Enf. Asst. F ~ ~ y com viol.rpt r~.,a~. Q M O ~ 'D ~ ~ O C .~ d N N In 0 0 0 W Q N U L .~ Q a Z rO v / W r N Vl m O Z a 0 m a~ 0 M d D N m m O d N O Q .N 0 N N N C '~ ~ ~ L O 07 L-~ p O~ O) N c9 ~ 'V O (b c0 ~ ~ w ~ ~ N N .LO-. co O N ' ~ O C N 3 ~ -_ (OO O N p N N - f0 p p 7~ U ~ (d U N U U (0 O C C T N N C N T N U U C 'O N .~ Z` O~ ~ ~, N O C > O. O~ N ~ 'O L d CO ~ O (0 E C~ N N U N E ~ U L ~ N 0 p ~L" ~ N ~ N `° v a ~ c u 3 o Z. ~n o N L ~ ~.L. °~~ ° > N N N 7 `o ~ N N c a~= c N ~~ o~ 3 ~ o'~~ E ~,~- r w LL Ol C U "O ~ 'O w N O) C N N O N (CO L (D L w 'C7 L T ~ C C '7 N .7. ,O ~ t9 C O .(0 E~ ,,,, C O C Y C L E- ~ L~ E c o w o o~ O .L. ~ ~ d O ~ T ~ ~ ~ _~ ~ O ~C~ N T ~.~ N •T COQ ~ C ITO ~ O~ d - O N ~ U~ .L. N p~~ C~ O c6 f0 N N d 0 p Q7 a>'~ E N ~ ~~ m ~ a~ ~ °~ '> 3 E c o m~ m r~ -a L o E= N C- O O C O ~ m L.7, U ~ 3~~~L ~ w~ co E coca N -O A L L N N ~~ ~ ~ C O C C U W O L ~ C~pp C O~ C O ~ O _O ~ N ~ U ~W YO OL p C a C EL O 3 o m w O - N O V ld ~ L T (0 rn ~ E<`u~oN N x3 O N caw N ° ~~ c rn•N co ~ °c' E io E m~ ~ ~ Y~ -op ~ d yv ~ .c o rn w ro ~ f0~ o ~~• c ~° w~ X 3 7 ~ aci ~o^LS `~°N a~ ~ f° N .'m u~0i a~~i C O t ~ rn W y~ "O N~ ~ N ~ ~ N ry) T d p` p f6 L O (0 N~ 'O N~ O S O~ N~ U 7 N C p ~p N ~~ N .7 N 4. T d r 3 N C7 L O C~ C L N 7~ ~ 'L" j m O D1 N O C~ C~ N O d O~ w T L CL U N L S O m U N L (9 L O>~ ~«- C~ 3 U t W W W W W W W ~ ~ O D ~ ~ O ~ ~ ~ ~ ~ ~ ~ -~ -~ a o 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N ' N N 10 M N N T T N of N O) N ~ M M O1 O D) O O O N N cD m ~ N O_ m O O O N N (D M ~ N O) E O LL C C C ~ O O O ~ U U U -~ ~ (9 ~ N N 7 fn 7 N T `~' '~ ~ O O O N ~ C C O C C C C O . O N Ia O ~ U U L .-. ~ O N ~ C O- a N N_ N C C ~ ~ ~ F v CITY OFIOWA CITY BARRY D & BESSIE S MATSUMOTO 201 PERSON AVE IOWA CITY, IA 52246 Dear Property Owner, In December of 2000, the Iowa City City Council passed an ordinance requiring all property owners with abandoned/vacant buildings within city limits to register those buildings with the City. An inspection of the building is required to verify that the structure meets minimum housing and building codes. The building will also be monitored for required ongoing maintenance and to prevent it from becoming an attractive nuisance to children, animals, vagrants and criminals.. There is an initial registration fee of $50.00 and an inspection fee of $80.00. Once a building is registered and has passed the initial inspection, an annual inspection will be required if it remains vacant. The inspection fee of $80.00 will be due with each annual inspection. It has been determined that your property located at 201 PERSON AVE is an abandoned/vacant building and must be registered. Failure to register an abandoned/vacant building is considered a municipal infraction and will result in a court appearance and a fine. Enclosed is a registration form which must be completed, signed and returned with the required fees within 30 days. You will then be notified of an inspection date and time. If you have any questions concerning this process, please call this office at 319-356-5120. Thank you, Jann Ream Code Enforcement Assistant abn init.rpt ABANDONEDNACANT BUILDING REGISTRATION Premises Address: Type of Structure: (ie: single-family, duplex, commercial etc.) Owner's Name: Owner's Address: Owner's Telephone #: E-mail: Known Lein Holders or other parties with ownership interest: Designated Agent: Agent's Address: ~ Agent's Telephone #: E-mail: Utilities Connected: Gas Electric Water Period of time expected to be vacant Fees Due: Registration Fee: $50.00 Inspection Fee: $80.00 Total Due: $130.00 Applicant Signature Date Signed PLEASE RETURN THIS REGISTRATION WITH AMOUNT DUE abn init.rpt SCOPE OF INSPECTION FOR VACANT BUILDINGS EXTERIOR OF STRUCTURE(S) AND YARD AREAS: The Iowa City Housing Code No broken windows or doors Doors must be locked and/or secured Roof must be in a condition not to allow leakage No obvious dilapidation (ie: unsafe entry stairs or falling porch roofs or badly peeling paint) • The Nuisance Ordinance for premises maintenance including lawn/yard care and snow removal from the public sidewalk. INTERIOR OF STRUCTURE(S): • The Iowa City Housing Code The scope of the inspection will take into consideration the lack of human presence. The interior of the structure(s) need to be free from hazards. CORRECTION OF DEFICIENCIES: A reasonable period of time will be allowed to correct cited deficiencies. An extension of time may be granted for work/ repairs that cannot be undertaken due to seasonal conditions (such as exterior painting). FOR ADDITIONAL INFORMATION CALL 356-5120. abn init.mt ~.~ CITYOFIOWA CITY Mr. Matsumoto- I do appreciate your getting back to me concerning your property at 201 Ferson. However, I will need more than a statement that you are working to locate a contractor and, also, you did not address the requirement of registering the house as a vacant building. I will need a copy of a signed contract with a roofing contractor that indicates the roof will be taken care of in a timely manner. I will also need the signed registration papers, the required fee and a date set for the property inspection by April 30~h. If these issues are not addressed by April 30~h, citations will be issued. Again, I want to avoid this as I'm sure you do as well. I have attached the registration papers to this email in case you no longer have them from the first letter. If you have any questions, you can call me directly at 356-5120. Jann Ream From: Matsumoto, Barry D [mailto:barry-matsumoto@uiowa.edu] Sent: Thursday, April 09, 2009 7:26 AM To: Jann Ream Subject: RE: 201 Ferson To: jann ream From:barry matsumoto Sorry that I have not responded to your notices. I'm trying to arrange to have roof repaired. The second floor door that was open has been closed and secured. Thank you for your patience. From: Jarm Ream [mailto:Jann-Ream@iowa-city.org] Sent: Wednesday, April 08, 2009 12:02 PM To: Matsumoto, Barry D Subject: 201 Ferson Mr. Matsumoto - I have sent two notices of violation concerning the condition of the roof of property you own at 201 Ferson Avenue. I have also sent notification requiring the registration of the property as a vacant property. I have had no contact from you concerning these issues and, since I have not had any of these notices returned to me, I can only assume that you have received them. This office has received several complaint calls and emails from neighboring property owners very concerned with the condition of the property. The Iowa City police were called to the property last Friday because the house was not secure. There are definite violations there that need to be addressed. If I do not hear from you, I will have no choice but to issue citations. As you know, this will involve a court appearance and fines. I'm sure you want to avoid this; I certainly do. Please contact me as soon as possible so we can start working towards compliance at this property. Jann Ream Code Enforcement Assistant City of Iowa City C I T A T I O N MUNICIPAL INFRACTION --CITY OF IOWA CITY ORDINANCE VIOLATION CITATION NO. CITO9-00026 DOCKET NQ. ~,~~{ The City of Iowa City, Iowa vs + DEFENDANT NAME: BARRY MATSUMOTO ADDRESS: 201 PERSON AVE IOWA CITY IA 52246 Ciiy Stale Z~0 The undersigned states that the Defendant did violate the Iowa Cily Code of Ordinances on or about' 05 / 04 i 09 at ( ) A.M. ( ) P.M., at Mo. Day Yr Address of Vioiatfon(s): 201 PERSON AVE Defendant herein did violate Section 17-5-19 of the Code 01 Ordinances of the City of Iowa City, Iowa, as lollows: Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises -roof not being maintained in a weathertight, watertight, rodentproof condition CIVIL PENALTY AND COURT COSTS TO BE CIVIL PENALTY ASSESSED: g $250.00 PAID AT THE TIME AND PLACE OF THE COURT APPEARANCE SHOWN ON THE COURT COSTS: ~ CITATION. PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF GOURT. TOTAL.' ~ COURTHOUSE. JOHNSON COUNTY, IOWA. Detendanl Is forihwlth directed to pay the civil penalty and to correct/cease the vlolatlon as follows: FIX HOLES IN ROOF TO MAKE ROOF WEATHER AND WATER TIGHT TO ANSWER THE CHARGES ON THIS CITATION. YOU MUST APPEAR IN COURT ON 06 / 11 ~ 09 at 8:00 (X1 A.M. 1 ) P.M Mc Day Y~ IN THE COURT AT JOHNSON COUNTY FAILURE i0 APPEAR IN COURT WITHOUT &000 CAUSE Will RESULT IN JUDGEMENT FOR THE CIVIL PENALTY AND COURT COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the mad s herein r true and correct. By City Employee: Jann Ream ,i'''2~5,+~~/'^-'~T+dle. Code Enf. Asst. Dated. 05 ~ 26 ~ 0 Phone Number: 319-356-5120 Mo Day n ~:: i ~ tj „ t . . '~L .fit r~ .y~ r" ^,~ , i~ ~~., , J c_t'f cit tick.rpt IN rHE IOWA DISTRICT COU,FZ A ~N AN1~~ OR JOHNSON COUNTY i~.: CITY OF IOWA CITY, IOV'JA, I ~U~11~1~r'AL INFP.ACTION t~ ~~,~~.~~~,~ta;<tn No. clsro v i ~ tit h t ~+ } I J i e` 4~ _. ---~ vs. ,~.~ ~ :.~.:,.; RECORD 01= APFFARAf`1CE ~~ - ~~ _ DISPOSITION AND ORDERS Defendant. _____ 2p ,Defendant (appears) (1~a-~,-t+e-spear) 1NtTIAL APPEARANCE On this h day of ~h`ti __. `~-- and (adrn+ts) (dt~s~'J-ttt~ rrtft'aza~n-The-Curt heretly-meters-ttae-f>711owirty r er__---_- --~_.--____--_,---~-- Clerk to set for Trial and notify parties and counsel. _!_ Defendant having been called tJ~roughout the Courthouse and not appearing, Defendant's failure to appear is entered of record and Judgment thereon is entered. .~. DefendanYs admission of the infraction is ente f record. ___ _-._, -- Ju icial agistrate/District Associate Judge TRIAL: On this __ _ day of ___~ _ 20_,_, Trial of this matter is had to the Court, and the Court by clear, satisfactory and convincing evidence that the infraction is (not) proven. PENALTY: Upon Defendant's failure to appear or proof of the infraction against the Defendant, the Coinn(ers the ~(~ followin ud ment: 6 ` 91 g U lus COURT COSTS $~ ~r 50 __-- ~ 3~ ' GVIL PENALTY $_~~-_.~, P ^__ Payment of the Civil penalty is hereby suspended or deferred under the following conditions: _ i Payment of the Civil Penalty and Court Costs to be made to the Clerk of Court by the _ day of ~!- 20 __ .~_. ate---day of AOOITiONAL RELIEF: Defendant is ordered to abate, cease or correct the violation by the a ~ _ zoo~_ -~_ In the event Defendant fails to abate, cease or correct the violation in a timely manner as ordered herein, Plaintiff is hereby authorized to perform the act necessary to abate or correct the violation and to assess the costs of such abatement or corrective action against the property of Defendant in the same manner as a property tax. Other Relief: -~ OTHF_R DISPOSITION. Upon Plaintiff's failure to prove the violation, Court Costs in the surn of - ---- ~ _ are assessed against the plaintiff. assessed a ainst __ Dismissed upon Plaintiffs Motion with Court Costs in the surn of $ __ _ - 9 (Plaintiff) (Defendant) JUDGMENT FOR THE ABOVE IS HEREBY OEtDFRED this %_-day of V'~ 2p d!, Clerk to notify parties and counsel Datc: __~~~~ ______ --- ~------._. Mailed to _~!~ +` JLtDICIAL t Tl" / OISTRICr Sixth Judiual District of Iowa BY: _ f ._..__ __-_-- Clerk's Office Personnel Responsible For Mailing Document ASSOCIATE JUDGE Send payments to: Small C{aims Clerk P.O.Box.2510 Iowa City, Iowa 52244 INCLUf~E SMALL Ct-AIM NO. WITH PAYMF_NTS C I T A T I O N MUNICIPAL INFRACTION -CITY OF IOWA CITY ORDINANCE VIOLATION CITATION NO. CITO9-0002T DOCKET NO. C- ~~ ~ `~ The City of Iowa City, Iowa vs DEFENDANT NAME ADDRESS: BARRY MATSUMOTO 201 PERSON AVE IOWA CITY IA 52246 City Stale E'D The undersigned states that the Defendant did violate the Iowa City Code of Ordinances on or about 05 ~ 05 ~ 09 at ( ) A.M. [ j P.M., at Mo Day Yr Address of Vlolallon(s): 201 PERSON AVE Defendant herein did violate Section 6-1-5 of the Code of Ordinances of the City of Iowa City, Iowa, as follows: Failure to register a vacant building CIVIL PENALTY AND COURT COSTS TO BE CIVII PENALTY ASSESSED. ~ $250.00 PAID AT THE TIME AND PLACE OF THE COURT APPEARANCE SHOWN ON THE COURT COSTS: S CITATION. PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF COURT. TOTAL: $ COURTHOUSE. JOHNSON COUNTY, IOWA. Oefe~dant Is forthwith directed to pay the civil penalty and to correct/cease the rlolatlon as follows: REGISTER 201 PERSON AS A VACANT BUILDING, PAY FEES AND SCHEDULE INSPECTION „ , i' _ r~ ~~ ~a .~. TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT ON l ~"~ ° c.~: 06 ~ 11 ~ 09 at 8:00 (X) A.M. [ ) P.M. ~ ~. Mo Day Yi ~~ IN THE COURT AT JOHNSON COUNTY --~.a FAILURE TO APPEAR IN COURT WITNOUT 6000 CAUSE Wlll RESULT IN JUDGEMENT FOR THE CIYII PENALTY AND COURT COSTS ANO AH ORDER TD CORRECT/ABATE ~.~ ` THE YIOLATION(SJ BEING ENTERED AGAINST YOU. . n The undersigned attests that the m tt rs herein, r true and correct. By City Employee Jann Ream ~; i7~ ~-'~`fif(le Code, Enf. Asst. Oated 05 26 0 Phone Number: 319-356-5120 Mo nay Yr cit tick.mt IN THE IOWA DISTFZICI~ COUR:L~1~ ANA?.;,FQR JOHNSON COUNTY CITY Of= IOWA C I-rY, ir~VUA, i Jtt~,, ~ ~Mt~~JI~1P,~L INFRACTION --------_. Plain i ~i -'fL~'2~ ~L~,,;,t ;~ al~~rn~It~~i~No. clsco / _ J vs. 1 ~,j~~ ;RECORD OF APPEARANCE ~~~ -NI C,t` I ~ ~~ (U DISPOSITION AND ORDERS Defendant. __.-- ----- ll __ INITIAt_ APPEARANCE On this __/ da of v ti-,. 20_~'S_. Defendant {appears) (,tai+s-te-a{~ar) ~. _ Y - .~_ and {admits~~i3s)~he irifractiorr -=Fhe-Go~ri-hereby-enters-the-fotlow~. raer ~ ~_ Clerk to set for Trial and notify parties and counsel. Defendant having been called throughout the Courthouse and not appearing, Defendant's failure to -_. __ appear is entered of record and Judgment thereon is entere , ~ Defendant's admission of the infrarlion is e re of record. Judicial MagistratelDistrict Associate Judge 7RiAL: On this _ day of __ _ 20_.., Trial of this matter is had to the Court, and the Court by clear, satisfactory and convincing evidence chat the infraction is (not) proven. PENALTY: Upon Defendant's failure to appear or proof of the infraction against the Defendant, the Cou~ nfers !>~ following judgment: 4" / ~ l~~ _ $ ~~6 r _( CIVIL PENALTY $Q2,5~ _ ,plus GOUR f- COSTS $-._ [-~ ~l Payment of the Civil penalty is hereby suspended or deferred under the following conditions: .- Payment of the Civil Penalty and Court Costs to be made to the Clerk of Court by the _ day of - 20 AD01710NAL RE!_IEF; Defendant is ordered to abate, cease or correct the violation by the - 2~ day of ~/ _ _ In the event Defendant faits to abate, cease or correct the violation in a timely manner as ordered herein, Plaintiff is hereby authorized to perform the act necessary to abate or correct the violation and to assess the costs of such abatement or corrective action against the property of Defendant in the same manner as a property tax. Other ReNef: -- --- OTHER DISPOSITION: _ _____ Upon Plaintiff's failure to prove the violation, Court Costs in the sum of $ - are assessed against the plaintiff. ----- assessed a ainst Dismissed upon Plaintiffs Motion vrith Court Costs in the sum of $ _ ___ 9" -- _ --- (Plaintiff) (Defendant). JUDGMFNI 1=0R THE ABOVE I5 HFREE3Y ORUEREf_) this ~~-day of ~!!~-~ _ 204 g Cler/k to notify parties and counsel -- -- -.. _ Date: - 6. ~~~ 4 - ----- --- - - -- Mailed to - _g~ _ JUDICIAL AGl. - ATE I DISTRICT ASSOCIATE JUDG ~~~v-~~~~~------ Sixth Judicial Qistrict of Iowa Send payments to Small Claims ter BY. ~~^-- P.O. Box. 2510 Clerk's Office Personnel Responsible Iowa Cify, Iowa 52?_44 For Mailing Document INCLUDE SMALL CLAIM NO. WITH PAYMENTS ~'. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY SMALL CLAIMS DIVISION 2~0~ J~.I'_ - ~ ~l?~1 ~ ~ ~ CITY OF IOWA CITY, Plaintiff, vs BARRY MATSUMOTO, Defendant. Comply and the file herein, finds that it should be granted for the reasons stated and that a` ~ Defendant should comply with the ordinance by July .~, 2009 rather than August 28, 2009. The Court, having reviewed Plaintiff s Application for Amended Order re: New Date to IT IS THEREFORE ORDERED that the order entered May 29, 2009 is amended as follows: Defendant is ordered to abate, case or correct the violation by registering the vacant building as required by Section 6-1-5 of the Iowa City City Code by July 17, 2009. ~L Dated, this ~ day of , 2009. NO. CISC074246 ORDER GRANTING APPLICATION FOR AMENDED ORDER RE: NEW DATE TO COMPLY MAGISTRATE, SIXTH JUDICIAL DISTRICT ,. l ' I .. ~,~~,~ ,, ,~;; ~ Try:", `;, . t ' , . Copy to: City Attorney's Office Barry Matsumoto 201 Ferson Ave. Iowa City, IA 52246 ~, o c~~ 7' .~•~' F , v ~L' ~~~ RECEIVED BY JUL 13 2009 CITY ATTORNEY'S OFFICE C I T A T I O N MUNICIPAL INFRACTION -CITY OF IOWA CITY ORDINANCE VIOLATION CITATION NO. CITO9~00049 pDCKET Np. Ct "~CQ~~ j~~ The City of Iowa Cily, Iowa vs. DEFENDANT NAME: BARRY MATSUMOTO _ ._. ADDRESS: 201 PERSON AVE IOWA CITY IA 52246 pw Slaie Lp The undersigned states that the Defendant did violate the Iowa City Code of Ordinances on or about: 09 r 02 r 09 at _~. [ ) A.M. ( ) P.M , at - Mo Day Yi Address of Vtoialion{af: ~~~ 201 PERSON AVE - Defendant herein did violate Section 6-1-5 of the Code _ ~~ of Ordinances o1 the City of Iowa City, Iowa, as follows: ~- Failure to register a vacant building CIVIL PENALTY AND COURT COSTS TO BE CIVIL PENALTY ASSESSED. g $500.00 PAID AT THE TIME AND PLACE OF THE - 000RT APPEARANCE SHOWN ON THE COURT COSTS: S CITATION. PAYMENT MUST BE MADE 8Y CASH OR CHECK TO CLERK OF COURT. TOTAL ~ COURTHOUSE. JOHNSON COUNTY. IOWA. Defendant is forthwith directed to pay the cfvll penalty and to correct/cease the violation as follows: REGISTER 201 PERSON AS A VACANT BUILDING, PAY FEES AND SCHEDULE INSPECTION TO ANSWER THE CHARGES ON THIS CITATION, VOU MUST APPEAR IN COURT ON 09 ~ 17 ~ 09 at 8:00 (X) A.M. ( J P M Mn Oay Yi IN THE COURT AT JOHNSON COUNTY FAILURE TO APPEAR IN COURT WITNOUT GODD CAUSE Wilt RESULT IN JUDGEMENT FOR THE GIYiI PENALTY ANO COURT COSTS AND AN ORDER TO CORRECT/ABATE THE YIOlAT10N(S) BEING ENTERED A6AIN5T YOU. The undersigned attests that the matters herein are true antl correct. By City Employee Jann Ream',,,, 4 ° Title. Code Enf. Asst. Dared 09 ~ 02 ~ 09~ phone Number- 319-356-5120 Mo nay Y. cn uck.m~ IN THE IOWA DISTRICT COURT 1N AND FOR JOHNSON COUNTY CITY OF IOWA CITY, IOV`JA, IOWA, ~~~ Plaintiff, vs. Defendant. MUNICIPAL iNFP.ACTION Small Claim No. C1SC0 ~~ RECORD OF APPEARANCE DISPOSITION AND ORDERS 20 df' ,Defend (fails to appear) 1tJITlAL APPEARANCE: On this __1~-day of and (admits) (denies) the infraction. The Court hereb enters the following Order: Clerk to set for Trial and notify parties and counsel. earin Defendant's failure to Defendant having been called throughout the Courthouse and not app 9. appear is entered of record and Judgment thereon is entered. Defendant's admission of the infraction is enter ,,,, C7°ca c,. .a ratelDistrict Associa dge ~ Ju ~ ;., ~ ~ ~, -' 1"'" ~., .~ TRIAL: On this day of 20 ,Trial of this matter is had to the C; and thTCour ~ ~ clear, satisfactory and convincing evidence that the infraction is (not) proven. -~ ENALTY: Upon Defendant's failure to appear or proof of the infraction against the Defends Cour ~nters the P ! 0,3 ,~o = $ o following judgment: plus COURT COSTS $ CIVIL PENALTY $ g`D~ Payment of the Civil penalty is hereby suspended or deferred under the following conditions: Payment of the Civil Penalty and Court Costs to be made to the Clerk of Court by the ~ day of vim- 20~. ADDIT ONAL RELIEF: Defendant is ordered to abate, cease or correct the violation by the ~ day of 20 D~- Inthe event Defendant fails to abate, cease or correct the violation in a timely manner as ordere herein, Plaintiff is hereby authorized to perform the act neceos eary of Defends t inthe same Imanner as a property e costs of such abatement or corrective action against the pr p rty tax_ /~ Other Relief: OTHER DISPOSITION: Upon Plaintiffs failure to prove the violation, Court Costs in the sum of $ are assessed against the plaintiff. assessed against Dismissed upon Plaintiff's Motion with Court Costs in the sum of $ (Plaintiff) (Defendant). JUDGMENT FOR THE ABOVE IS HERESY ORDERED this ~~_ day of 20~. Clerk to notify parties and counsel. Date: _ Mailed to: B`(: Clerk's Office Personnel Responsible For Mailing Document CIAL TR RICT A550ClATE JUDGr_ Sixth Judicial District of Iowa Send payments to: Small Claims Clerk P.O. Box. 2510 Iowa City, Iowa 52244 INCLUDE SMALL CLAIM NO. WITH PAYMENTS C I T A T I O N MUNICIPAL INFRACTION -CITY OF IOWA CITY ORDINANCE V-IryOLATION CITATION NO. CITO9-00050 DOCKET NO. ~ (~j~ The City of Iowa City, Iowa vs. DEFENDANT NAME: BARRY MATSUMOTO ADDRESS: 201 PERSON AVE IOWA CITY IA 52246 L'tlv Sale Lp The undersigned states chat the Defendant did violate fhe Iowa Cily Code o1 Ordinances on or about: 09 ~ 01 ~ 09 at _-_- [ I A.M. [ j P.M., at Ma Day Yi Address of Vlolatlon(si: 201 PERSON AVE Defendant herein did violate Section 17-5-19 of the Code of Ordinances of the City of Iowa City, Iowa, as follows Responsibilities of Owners Relating to the Maintenance and Occupancy of Premises -roof not being maintained in a weathertight, watertight, rodentproof condition CIVIL PENALTY AND COURT COSTS708E CIVIL PENALTY ASSESSED, S $500.00 - PAID AT THE TIME AND PLACE OF THE COURT APPEARANCE SHOWN ON THE COURT COSTS: S CITATION PAYMENT MUST BE MADE 8Y ~. _ CASH OR CHECK TO CLERK OF COURT. TOTAL: ~ COURTHOUSE. JOHNSON COUNTY, IOWA. ":: Detendanl Is torlhwlth directed to pay the ctvll penalty and to correct/cease the ~~:" ~; vlolatlon as follows: FIX HOLES IN ROOF TO MAKE ROOF WEATHER AND WATER =- TIGHT TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT ON 09 ~ 17 ~ 09 at 8:00 IX1 A.M [ J P M Mn Day Y~ JOHNSON COUNTY IN THE COURT AT___-..___.__ FAILURE TO APPEAR IN COURT WITHOUT GOOD CAUSE Will RESULT IN JUDGEMENT FOR THE CIVIL PENALTY ANO COURT COSTS AND AN ORDER TO CORRECT/ABATE THE YIOLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the ma ers herei ~a~e true and correct. ey City Employee. Jann Ream ,~~, ,4..-Title Code Enf. Asst. __ Gated .___~9_1.._ 02 f 09v' Phone Number __ 319-356-5120 Mc nay ri cn uck.nri IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, IOWA, IOWA, C~~ Plaintiff, MUNICIPAL INFP.ACTION 03 Small Claim No. C1SC0 ~' vs. a Defendant. RECORD OF APPEARANCE DISPOSITION AND ORDERS da of L 20 d9 ,Defendant (mar (fails to appear INITIAL APPEARANCE: On this _l~__ Y and (admits) (denies) the infraction. The Court hereby e ters the following Order: Clerk to set for Trial and notify parties and counsel. earin Defendant's failure to efendant having been called throughnoent thereont soentered. not app 9, appear is entered of record and Judg Defendant's admission of the infraction is entered of record. ~-.5 a elDistrict Associate midge °ca d ~ .a ~ r~ 20 ,Trial of this matter is had to the C`t~and th~ourt~ TRIAL: On this day of ~['~ ~~ clear, satisfactory and convincing evidence that the infraction is (not proven- ~-- , of of the infraction against the Defendari~~ Court~itersZit`e PENALTY: Upon Defendant s failure to appear or pro .+ following judgment: '' lus COURT COSTS $ ~ ~~• ~O - $---~ '3 ~, CIVIL PENALTY $ S~n ~ p Payment of the Civil penalty is hereby suspended or deferred under the following conc~i s: ____ Payment of the Civil Penalty and Court Costs to be made to the Clerk of Court by the !' ` day of ~J~ 20~- ADDITIONAL RELIEF: Defendant is ordered to abate, cease or correct the violation by the ~ day of _~ In the event Defendant failorm thetact necessary to abate o~cororect the'violation andrto assess the herein, Plaintr-ff is hereby authorized to pert of Defendant in the same manner as a property costs of such abatement or correc~tiyv/e action against the property tax. ///,~ 1, ~.,~ ~ y /~`+ _~6ther Relief: OTHER DISPOSITION: Upon Plaintiffs failure to prove the violation, Court Costs in the sum of $ are assessed against the plaintiff. assessed against Dismissed upon Plaintiffs Motion with Court Costs in the sum of $ (Plaintiff) (Defendant). JUDGMENT FOR 7HE ABOVE IS HEREBY ORDERED this l' day of _~_,_~ _ 20~_ Clerk to notify parties and counsel. Date: I - !DISTRICT ASSOCIATE JUDGE Mailed to: Sixth Judicial District of Iowa Send payments to: Small Claims Clerk P.O. Box. 2510 g~-: Iowa City, Iowa 52244 Clerk's Office Personnel Responsible INCLUDE SMALL CLAIM NO. WITH PAYMENTS For Mailing Document 1N THE IOWA DISTRICT COURT FOR JOHNSON COUNTY SMALL CLAIMS DIVISION CITY OF IOWA CITY, Plaintiff, VS BARRY MATSUMOTO, Defendant. COUNTY OF JOHNSON ) ss: STATE OF IOWA ) NO. CISCO"~~ jc_~ ) APPLICATION FOR SEARCH WARRANT ) ) l~'!, r t ~, - >> tV / ,~~; ~~ ~~'~: ~~~j 1. I am employed by the Plaintiff City of Iowa City as the Code Enforcement Assistant for the Department of Housing and Inspection Services. 2. Defendant is the owner of real estate locally known as 201 Ferson Avenue, Iowa City, Iowa which contains a single family residential unit. 3. The unit at 201 Ferson Avenue is "abandoned/vacant" asthat term is defined in Iowa City City Code section 6-1-1. 4. Because the unit at 201 Ferson Avenue is abandoned/vacant, it must be registered pursuant to Iowa City City Code section 6-1-5. 5. Beginning in the fall of 2008 after inspections initiated by many neighborhood complaints, the City of Iowa started contacting Defendant concerning the condition of the property at 201 Ferson Avenue. Notices of Violation were sent 10/17/2008 and 2/25/2009. There was no response from the owner. In March of 2009, after checking utilities, a notice was sent to Defendant, requiring that the owner register the property as a vacant property, to pay the appropriate fees and schedule an inspection. There was no response. In April of 2009, Defenant responded to an email with a short reply that did not address the issues. 6. The unit at 201 Ferson Avenue is in very dilapidated condition. There is a large hole in the main roof through which raccoons on other rodents enter and exit at will. Many other holes in lower roofs have also been made by animals. City Housing and Inspection Services has not had access to the property to determine if the property is secure and locked. Neighbors have observed doors not secured (verified by Iowa City Police). The City has concerns about the structural integrity of the house because of obvious water leakage into the house, rodent damage and the length of time the house has not been occupied. Water service to the house ceased in 2005. 7. The City would like to inspect the unit on a one time basis for up to one hour to inspect the unit to determine whether it is a dangerous building under Iowa City Code 17-6- l . 8. I request that the magistrate issue a search warrant authorizing City inspection staff and one agent of the City (a State of Iowa licensed engineer) to enter the premises at 201 Ferson Avenue, Iowa city, Iowa for the purpose of performing an inspection as to the structural integrity of the building, and to determine if the building constitutes a hazard to human health or other properties. ~~ ~~~ Ja Ream G Sworn before this Magistrate on the ~ 7 .day of September, 2009. C icial agistrate, Sixth Judicial District ~~ ~ ~~~~ r..~ ~. Qom: ~.~ ~.~ a ~/ ~~ r ter! .•~-'. t. 1'' ~. y ~~~ ~.~. .~.~s;~ r,_.`~.y..~ ~r i. 1N THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MAGISTRA"hE DIVISION CITY OF IOWA CITY, Plaintiff, v. Defendant. Small Claims No ~:%.. ; . ~: ~,~ 7 ~ .>, - - -%' .~~ `~; °- -, SEARCH WARRANT '~~~'~ r~,_ ~i ~~ ~~ ~~ ,~.:~ .,;y ~:. On the 17th day of September, 2009, Plaintiffs Application for Search Warrant was presented to the Court at the time of Defendant's Initial Appearance. Defendant did not appear at her Initial Appearance, but Plaintiff did appear through Assistant City Attorney Susan Dulek and Code Enforcement Assistant Jann Ream. Upon Ms. Ream's sworn application, the Court finds as follows: 1. Defendant is the owner of real estate locally known as 201 Ferson Avenue, Iowa City, Iowa, which contains asingle-family residential unit. 2. The unit at 201 Ferson Avenue is "abandoned/vacant" asthat term is defined in Iowa City City Code section 6-1-1. 3. The City is appropriately concerned about the structural integrity of said unit because children and others have easy access to the abandoned/vacant unit. Easy access to said unit presents serious health and safety concerns. IT IS THEREFORE COMMANDED that: 1. Iowa City building inspectors, an Iowa City police officer, and one agent of the City (a State of Iowa licensed engineer)are authorized to enter 201 Ferson Avenue, Iowa City, Iowa for the purpose of making an inspection to determine the structural integrity of said unit, including electrical, plumbing, and mechanical systems. ~ 2. Such inspection shall be conducted no later than September ~ , 2009, and shall occur between the hours of 8:00 a.m. and 5:00 p.m. 3. Jann Ream is to prepare a written return on this warrant, stating the date and hour this warrant came into her hands and the date and house the inspection commenced and concluded. Dated, this l7 day of September, 2009 at ~' ~ AM M. icial a e Sixth Judicial District Johnson County Cause No. CISC075103 Case No. N/A Agency City of Iowa City State of Iowa, County of Johnson RETURN TO SEARCH WARRANT I, the undersigned, the Code Enforcement Assistant for the City of Iowa City, certify that the attached search warrant came into my possession at approximately 8:29 a.m. on September 17, 2009. I executed the warrant by making a search that commenced at approximately 9:55 a.m. at 201 Ferson Avenue, Iowa City, Iowa on September 23, 2009 and concluded at approximately 10:45 a.m. on September 23, 2009. I seized no property. I was accompanied by an Iowa City police officer, two Iowa City building inspectors, the City electrical inspector, and Jim Jacobs, an engineer with VJ Engineering. I have further executed the attached warrant by leaving a copy of the warrant at 201 Ferson Avenue, Iowa City, Iowa. I, the person by whom the attached warrant was executed, do certify that the above contains a true and detailed account of the execution of the warrant, and is accurate to the bit o~€.xny knowled e. p'-'-` ~~ ~-. if.` ~, -~ .. n r. C -r-n ~ j r oC-- J eam ~ 4` v Co e Enforcement Assistant City of Iowa City, Iowa Subscribed and sworn to before me this a1y day of September, 2009.l~%0~~~ REN D. EGERTON JUDICIAL MAGISTRATE SIXTH JUDICIAL DISTRICT Return to Search Warrant, page 1 Engineering -surveying September 29, 2009 VJ engineering 2570 holiday road, suite 10 Coralville, iowa 52241 Ph: (319) 338-4939 fax: (319) 338-9457 Tim Hennes Iowa City Building Official 410 E Washington St Iowa City, IA 52240 Re: 201 Ferson Dear Tim: At your request, I accompanied you to inspect the referenced residential structure. The structure consists of a two story wood frame with a CMU basement. There is an attached two stall garage with the northern stall consisting of a structural concrete roof. The following structural issues were observed: 1. Roof shingles and sheathing deteriorated to the point that large holes exist, allowing water to enter the structure. Roof rafter decay will proceed at a rapid pace. Water damage to interior ceilings also suggests floor framing may have incipient decay. 2. CMU basement walls show some inward bowing from lateral earth pressure. 3. North wall of the garage is settling, severely cracking the concrete beam between the stalls. The west CMU wall of the garage is severely cracked. This north stall roof and the garage walls need to be replaced. I suspect the north wall was built on fill. This area should not be occupied until shored or replaced. ® VJ Engineering We answer the HA R D questions! Engineering -surveying VJ engineering 2570 holiday road, suite 10 Coralville, iowa 52241 Ph: (319) 338-4939 fax: (319) 338-9457 The above items were exposed. There are a large number of structural framing members that are hidden by finishes and could not be inspected. If you have any questions, please give me a call. Sincerely, J es C. Jacob \\\\\\\ ~~~~~~uiuainuu~~~ .~~~OF ESS ~~~i~''% \ Oe °°,,° °°°,°,9~ o °Licensec~°, ~ w; 8895 -. =~° James C. :~_ *° Jacob °°~~ I hereby certify that this engineering document was prepared and the related engineering work was erformed by me or under m direct personal supervision and that I am a duly Licensed rofession 1 Enginee de e law of the St to of Iowa. a„b ~ "' ~ James .Jacob, P.E. License #8895 Date My lice se renewal date is Decem r 31, 2009 Pages or sheets covered by this seal: / ® VJ Engineering We answer die HA R D questions! C I T A T I O N MUNICIPAL INFRACTION -CITY OF IOWA CITY ORDINANCE VIOLATION CITATION NO. CITO9-000H1 DOCKET NO. ~~~? a~~ The City of Iowa City, Iowa vs. DEFENDANT NAME: ADDRESS: BESSIE MATSUMOTO 418 S. BUENA VISTA AVE SAN JOSE CA 95126 ~yy State Zw The undersigned states that the Defendant did violate the Iowa City Code of Ordinances on or about: 05 ~ 05 / 09 at Mo. Day Yr Address of ViobUon{s): _ 201 PERSON AVE [ ) A.M. [ ) P.M.. at Defendant herein did violate Section 6-1-5 & 17-5-19 of the Code of Ordinances of the City of Iowa City, Iowa, as follows: Failure to register a vacant building Roof not being maintained in a weathertight, water tight, rodentproof condition CIVIL PENALTY AND COURT COSTS TO BE CIVIL PENALTY ASSESSED: g $250.00 PAID AT THE TIME AND PLACE OF THE , COURT APPEARANCE SHOWN ON THE COURT COSTS: S CITATION. PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF COURT, TOTAL: $ COURTHOUSE, JOHNSON COUNTY, IOWA. Defendant Is forthwith directed to pay the civil penalty and to correct/cease the rlolatlon as follows: REGISTER 201 PERSON AS A VACANT BUILDING, PAY FEES AND SCHEDULE INSPECTION FIX HOLES IN ROOF TO MAKE ROOF WEATHER AND WATER TIGHT TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT ON 03 / 04 ~ 10 at 8:00 [X) A.M. [ ) P.M. Mo Day Yr IN THE COURT AT JOHNSON COUNTY FAILURE TO APPEAR IN COURT WITHOUT 6000 CAUSE Wlll RE3ULT IN JU06EMENT FOR THE CIVIL PENALTY AND COURT COSTS AND AN ORDER TO CORRECT/ABATE THE VIOLATION(S) 6EIN6 ENTERED A6AIN8T YOU. The undersigned attests that the math herein. ~ rue and correct. ay City Employee: Jann Ream ~~ ~!~Code Enf. Asst. Dated: 01 ~ 15 ~ 1 Phone Number: 319-356-5120 Mo Day Yr ~ c~ ~ © ~;. ~``~~ ~ Q Q ~~ ~s ~4 (j ~ y+: ~~ t~ 9~~ cif tick.rpt IN THE IOWA DISTRICT COURT SMALL CLAIMS DIVISION CITY OF IOWA CITY, Plaintiff, vs. NO. ~SC ~ ~~' `~~ 1 0 ) ORDER GR-ANTING ~., ~ ~- BESSIE MATSUMOTO, ) APPLICATION TO ~ ~ N . SERVICE BY ~'' c~ .-t~~ Defendant. ) PUBLICATION ~ `~ ~A ~~ On the 20th day of January, 2010, Plaintiff made an oral application to serve ndan~ aa,,, by publication. The Court, having considered the oral application and having reviewed the Affidavit of Assistant City Attorney Susan Dulek, finds that: I . Plaintiff has filed a Citation for a municipal infraction against Defendant. 2. Iowa Code section 364.22(4) provides that a Citation for a municipal infraction may be served by publication "in the manner as provided in the rule of civil procedure 1.310 and subject to the conditions of rule of civil procedure 1.311." 3. Plaintiff is unable to serve Defendant in the State of Iowa. 4. Plaintiff s application should be granted, and Defendant should be served by publication. IT IS THEREFORE ORDERED that Plaintiff may serve Defendant with the Citation by publication pursuant to Iowa Rs. of Civ. P. 1.310 and 1.311. Dated, this ~ °~'~ day, 2010. S'>;`RATE, SIXTH JUDICIAL DISTRICT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY, IOWA ITY OF I IOWA MUNICIPAL INFP.ACTION Small Claim No. G1SC0. 7 1oC~~`~ED BY .,;I t',:~ 1'` I,', ,, .i 1.:x,1 ORD OF APPEARAhICE ~~ 1~,, ;,,''~~; ; { '''~ I T. I Y Hl i ORIVEY'S OFFICE ~<5~,~~ Cc:~-L41~"lU"lX) DISPOSITION AND ORDE~S -- Defendant. 20 lo, Defendant.(aps ails to appear INITIAL APPEARANCE: On this _ ~ day of _ and (admits} (denies) the infraction. The Court hereby enters the following Order: Clerk to set for Trial and notify parties and counsel- ~/Defendant having been called throughout the Courthouse and not appearing, Defendant's failure to appear is entered of record and Judgment thereon is entered. Defendant's admission of the infraction is Ju iaa agistrate/District Associate Judge TRIAL: On this day of 20 ,Trial of this matter is had to the Court, and the Court by clear, satisfactory and convincing evidence that the infraction is (not) proven. PENALTY: Upon Defendant's failure to appear or proof of the infraction against the Defendant, the Court en/er~s the following judgment: - - $ 39~ CIVIL PENALTY $ ~~~ ~ ,plus COURT COSTS $ Payment of the Civil penalty is hereby suspended or deferred under the following conditions: __~ Payment of the Civil Penalty and Court Costs to be made to the Clerk of Court by the ~ day of .~~ ! 20L. ADDITIONAL RELIEF: Defendant is ordered to abate, cease or correct the violation by the day of 20 / In the event Defendant fails to abate, cease or correct the violation in a timely manner as ordered herein, Plaintiff is hereby authorized to perform the act necessary to abate or correct the violation and to assess the costs of such abatement or corrective action against the property of Defendant in the same manner as a property tax. Other Relief: OTHER DISPOSITION: Upon Plaintiff's failure to prove the violation, Court Costs in the sum of $ are assessed against the plaintiff. Dismissed upon Plaintiffs Motion with Court Costs in the sum of $ assessed against (Plaintiff) (Defendant). JUDGMENT FOR THE ABOVE IS HEREBY ORDERED this _~ day of ~,. ~ 20 Lv Clerk to notify parties and counsel. Date: - ~ ' ~ ~ Mailed to: 1` - "F- BY: _\ \ ~ n P C ice Personnel Responsible For Mailing Document DICIAL CT ASSOCIATE JUDGE Sixth Judici~IgC[~iE~i~,~f~~TpN, MAGISTRATE SIXTH JUDICIAL DISTRICT Send payments to: Small Claims Clerk P_O. Box. 2510 Iowa City, Iowa 52244 INCLUDE SMALL CLAIM NO. WITH PAYMENTS STATEMENT OF ACCOUNT JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: IOWA CITY, CITY OF vs DEFENDANT: MATSUMOTO, BARRY RECCIVED BY Date 05/25/2010 Court No Docket No 10-02917 Ref No ~~~Iy ®1 7~~« PLEASE REMIT: $16.50 CITY ATTORNEY'S OFFICE TO: JOHNSON COUNTY SHERIFFS OFFICE PO BOX 2540 511 S CAPITOL ST IOWA CITY CITY ATTORNEY IOWA CITY, IA 522442540 410 E WASHINGTON ST IOWA CITY IA 52240 ~ ~ ~ ~ - ..~®~~~~s.e.~~~_~~~~®.._~s_~.®~..~~--°Tearhereandreturntopportionwithpayment JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 • (319) 356-6030 PLAINTIFF: IOWA CITY, CITY OF vs DEFENDANT: MATSUMOTO, BARRY Date 05/25/2010 ~ Court No Docket No 10-02917 Ref No RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 201 PERSON AVE, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Address 201 PERSON AVE, IOWA CITY, IA, 52246 Status SERVED Officer 5221 • DAVID WELSH Date 05/24/2010 Time 14:45 Service PERSONAL By Serving MATSUMOTO, BARRY Location RM 422, UI LAW SCHOOL, IOWA CITY, IA Comments . ~, •,. _ ~ , Date Item Name Item Description Charges Receipts Balance 05/25/2010 MILEAGE $1.00 05/25/2010 SERVICE FEES $15.00 05!25!2010 SERVICE FEES COPY FEES $0.50 $16.50 $0.00 $16.50 Printed Tuesday, May 25, 2010 Page 1 of 1 r ~...®~„~ ~ ~~~~~~ ~ ~~~~ ~..~ CITY OF IOWA CITY May 19, 2010 Mr. Barry D. Matsumoto 201 Ferson Avenue Iowa City, IA 52245 Ms. Bessie S. Matuumoto 418 S. Buena Vista Ave. San Jose, CA 95126-3277 In re: Notification of City Council Meeting~on June 1, 2010 Dear Mr. Matsumoto and Ms. Matsumoto: City Attorney's Office 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5030 (319) 356-5008 FAX www. icgov.org This is to notify you that the Iowa City City Council will consider the enclosed resolution at its meeting on June 1, 2010 at 7:00 p.m. at Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa. The issue before City Council is whether the property at 201 Ferson Avenue in Iowa City is a public nuisance. You have the right to appear in person before the City Council and present evidence on this issue. If City Council finds that the property is a nuisance and authorizes acquisition, staff will proceed to acquire the property including by condemnation if necessary. If you have any questions about this letter or the proposed resolution, please feel free to contact me. Sincerely, ~F~~~~~ Susan Dulek Assist City Attorney Enc. Copy to: Doug Boothroy-w/enc. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319-356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 201 PERSON AVENUE, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. WHEREAS, under Iowa Code section 364.12A, a city may condemn a residential building found to be a public nuisance and take title to the property for the purpose of disposing of the property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing; WHEREAS, the property locally known as 201 Person Avenue, Iowa City, Iowa ("the property"), which contains a single family dwelling, is a public nuisance; WHEREAS, the record title holders to the property are Barry D. Matsumoto and Bessie S. Matsumoto; WHEREAS, on June 6, 1988, the court dissolved the marriage between Barry D. Matsumoto and Bessie S. Matsumoto in In re Marriage of Matsumoto, Johnson County No. 6875, and approved a stipulation that provided for the property to be sold; WHEREAS, the records of the Johnson County Recorder's office show the owners of record remain Barry D. Matsumoto and Bessie S. Matsumoto; WHEREAS, City staff believes that Bessie S. Matsumoto resides in California and Barry D. Matsumoto resides in Iowa City, Iowa but not at the subject property; WHEREAS, since January 18, 2005, there has been no water service at the property; WHEREAS, City staff first began receiving complaints about the property in October of 2008 with the complainant expressing concern that the owner was incapable of maintaining the property; WHEREAS, on October 13, 2008 City staff followed up on the complaint and inspected the property; WHEREAS, City staff observed a large hole in the main roof, and based on the shape and debris around the hole, it was being used and enlarged by animals getting into the interior of the house; WHEREAS, the general exterior appearance of the property was poor including rotting wood, missing shingles, peeling paint, broken and dangerous steps and the retaining wall along the driveway was leaning badly and about to fall over; WHEREAS, from condensation in the windows, it was also apparent to staff that water was getting into the interior; Resolution No. Page 2 WHEREAS, on October 17, 2008, the City sent a Notice of Violation to Barry D. Matsumoto ("the owner") requiring that the roof be fixed by November 15, 2008; WHEREAS, the owner did not respond to the Notice of Violation; WHEREAS, because the snow season started early that winter and it would be difficult to re- shingle the roof during the winter season, the issue was not addressed again by City staff until the spring of 2009; WHEREAS, on February 25, 2009, the City sent a second Notice of Violation to the owner requiring that the roof be fixed by April 1, 2009, and again there was no response from the owner; WHEREAS, neighbors expressed concern again to City staff about the condition of the house. and the hole in the roof worsened over the winter; WHEREAS, on March 5, 2009, a notice was sent to the owner requiring that the property be registered as a vacant property; WHEREAS, on April 3, 2009, a neighbor called City staff to say the second story screen and balcony doors were open and swinging in the wind and City inspectors contacted the Iowa City police to check on the property; WHEREAS, on April 8, 2009, City staff sent an email to the owner detailing the issues and stressing that action was required, and he responded via email on April 9, 2009 with a short message stating that he was trying to arrange to have the roof fixed and that he had secured the open doors; WHEREAS, because nothing was done concerning the maintenance on this property and because the owner had not registered the house as vacant property, the City issued two municipal infraction citations in early May of 2009 to the owner; WHEREAS, in Johnson County case number CISC074247, the City alleged that the owner violated Section 17-5-19 of the City Code by having a hole in the roof and in Johnson County case number CISCO74246, the City alleged that the owner violated Section 6-1-5 of the City Code by failing to register a vacant building; WHEREAS, the owner pled guilty to both citations, and the court ordered him to pay the fines and court costs and to fix the roof by August 28, 2009 and register the property as a vacant building by Juty 17, 2009; WHEREAS, because the owner did not comply with the court's orders, the City issued two more citations for each offense on September 1, 2009, Johnson County case number CISC075102 (for violating Section 6-1-5 of the City Code by failing to register a vacant building) and Johnson County case number CISC075103 (for violating Section 17-5-19 of the City Code by having the hole in the roof); WHEREAS, the owner did not appear at his initial appearance on September 17, 2009, and the City requested a search warrant from the court to evaluate the condition of the property; Resolution No. Page 3 WHEREAS, on September 17, 2009, the court entered default judgments in both cases and ordered that the roof be fixed and the property registered as a vacant building by October 1, 2009; WHEREAS, on September 23, 2009, City inspectors executed the search warrant and brought with them a structural engineer; WHEREAS, because of the condition of the roof, staff observed considerable water damage done to the interior ceilings and walls and the ceilings in a few of the rooms have actually partially collapsed; WHEREAS, staff also found that the house is full of garbage, debris, junk and dog feces, and as stated in the engineering report, there is serious structural damage in the garage; WHEREAS, the City attempted to serve Bessie S. Matsumoto personally in California with a municipal infraction citation and was unsuccessful, but did serve the citation on her by publication; WHEREAS, on March 4, 2010, the court entered a default judgment against Bessie S. Matsumoto in Johnson County case number CISC075103 for having a hole in the roof and for failing to register a vacant building in violation of Sections 17-5-19 and 6-1-5 and ordered her to cure the violations by March 10, 2010; WHEREAS, neither Barry D. Matsumoto nor Bessie S. Matsumoto complied with the court orders; WHEREAS, on April 6, 2010, the City again inspected the house from the exterior and observed a new major hole in~ the north end of the roof and the driveway retaining wall has completely collapsed; WHEREAS, the inspection also demonstrated that the house is not secure, a second floor window was wide open; WHEREAS, it is the opinion of City staff that the house can be saved and rehabilitated, but if it is allowed to remain in its current condition for much longer, the house will be beyond economically feasible to salvage; WHEREAS, said property has become a serious detriment and hazard to the neighborhood; and WHEREAS, absent intervention, it is highly likely that said property will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house will no longer be salvageable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The property locally known as 201 Ferson Avenue, Iowa City, Iowa is a public nuisance. Resolution No. Page 4 2. It is in the public interest of the City of Iowa City to acquire said property for the public purpose of disposing of said property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. 3. The City Manager, or designee, in consultation with City Attorney's office, is authorized and directed to establish, on behalf of the 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. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of said property. 5. The City Manager, or designee, is authorized to sign offers of purchase and purchase agreements for the purchase of said property. 6. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 7. In the event the property cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of said property. Passed and approved this day of , 2010. MAYOR Approved by ATTEST: CITY CLERK City Attorney's Office ~~ ":'.,~ ~_~ ~ L' ,~_1 ~ ~„ ~, ~ } ~ ~ ~ ~ - ~, _ ~~ ` "_ ~~ ,~,,_; ~`C. r ~~ l~~~~ ~. . 3 ~ 1•.fi '. ~~ 1 1:=" ~' .i'~ t 'a. V .: .. ~ '.,~ qtr i 1 ~ 4YY~ ,; f~. ~ 1 '2 :~~~ . 'Y ate ~ -' _ 1 4. ~~ s ,~ ;ire,: ir~,~tP,11~i ~R~I~G.~KE~ EI~I±~~r i 4, ~~, -_~~~,., f ~~ I ' i ,. ii -:. 1~ ~;~ ~~ '~~ _ ~- ;. ~ ~ ~ . ~ ~ p ~~ e --..,~ ~ ~ .~ ,~; ''~, ,, ~.. -~~ «:;~ . ~ _~ R ~~ I j; ~ M h i ,- F ~ ~ ~ ze k r~. A ~ ~ F~ ..~ ~ O'. ~~~~~ ~ ~. ~~... e~' ~ ~: ~, ~k I ~~ ~~ ,y } ~ p' ss~r 3~ i'J',~ ''` , ~i, `~n ~•~' ~~~~~z ' ,~~ L9 u~,~w~ r~?=~ n~~ ~ ~ ~~ Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319-356-5030 RESOLUTION NO. 10-303 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 1443 PRAIRIE DU CHIEN ROAD, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. WHEREAS, under Iowa Code section 364.12A, a city may condemn a residential building found to be a public nuisance and take title to the property for the purpose of disposing of the property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing; WHEREAS, the property locally known as 1443 Prairie Du Chien, Iowa City, Iowa ("the property"), which contains a single family dwelling, is a public nuisance; WHEREAS, the record title holder to the property is Ivan C. Marquardt who died intestate (without a will) on April 24, 2010; WHEREAS, the City has been receiving and investigating complaints on the property since 1989; WHEREAS, the most prevalent complaint has been the storage of junk and salvage materials in the yard and in the driveway such that a pattern was established where every few years, the owner would be cited for improper storage of junk and salvage materials and then he would clean it up only to start collecting again within a few months; WHEREAS, the owner also stored inoperable vehicles in the driveway; WHEREAS, in 2007, the property began to deteriorate at an accelerated pace, and it was approximately at this time that City staff became aware that the owner had moved to a nursing home; WHEREAS, beginning in 2007, the grass was not mowed and leaves were not raked, and bushes and weed trees started to take over the property; WHEREAS, in 2008, the City removed all of the overgrowth from the right of way but the private property stilt was in very bad condition, and there were piles of junk and old appliances all over the exterior of the property and two inoperable vehicles in the driveway; WHEREAS, on October 9, 2008, the City issued him a municipal citation for the accumulation of junk and salvage material, Johnson County case number CISC072343; WHEREAS, on October 30, 2008, the magistrate ruled that he did have junk and salvage material on the property in violation of the City nuisance ordinance and issued an order allowing the City to clean up the property at his cost; Resolution No. 10-303 Page 2 WHEREAS, the City hired Mall Service to clean up the property, and approximately five dump truck loads of debris were removed; WHEREAS, on November 4, 2008, the City received a complaint that the cars on the property had not been moved in several months and under section 6-1-20 of the City Code, it is a nuisance to have inoperable vehicles on the property; WHEREAS, on November 4, 2008, City staff inspected the property and determined that the vehicles were inoperable because the tires had rotted off, and staff posted the vehicles with notices and sent the owner a letter by certified mail telling him to move the cars or the City would tow them; WHEREAS, because the cars were not moved, the City towed them on November 19, 2008; WHEREAS, in February 2009, the City Water Department received a complaint stating that water was running from the house into the street; WHEREAS, it appeared to City staff that pipes had broken in the house, but because entry to the house was not possible, the Water Department shut the water off at the stop box; WHEREAS, almost 17,000 cubic feet of water leaked from the house and the owner's bill for that month was $1,071.18; WHEREAS, because of concerns of structural water damage, health hazards (mold), fire hazards due to old vehicles in both garages and the fire load in the house (staff observed through the windows that the house was stacked solid with debris when doing the exterior clean up in 2008), the City applied for an administrative search warrant on April 16, 2010 which the court granted in Johnson County case number SWCR90504; WHEREAS, on April 21, 2010, City staff executed the search warrant, but City inspectors were only able to access the living room and kitchen in the house because of accumulated junk and debris which is stacked to the ceiling; WHEREAS, there was a very narrow path that led from the front door to the kitchen and access to the bathroom, bedrooms and dining room was impossible due to solid walls of accumulated items stacked 7 feet high; WHEREAS, the floor that could be walked on was very soft and spongy; WHEREAS, there is significant mold growing in the house evidenced by the smell and the kitchen had rotting food; WHEREAS, the fire load in the house and both garages is extreme creating a high fire hazard for neighboring properties and fire fighters; WHEREAS, the property is a nuisance for the neighborhood and the community as a whole; WHEREAS, the structure may still salvageable but that can only be assessed after a major interior clean up; and Resolution No. 10-303 Page 3 WHEREAS, absent intervention, it is highly likely that said property will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house will no longer be salvageable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The property locally known as 1443 Prairie Du Chien Road, Iowa City, Iowa is a public nuisance. 2. It is in the public interest of the City of Iowa City to acquire said property for the public purpose of disposing of said property by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. 3. The City Manager, or designee, in consultation with City Attorney's office, is authorized and directed to establish, on behalf of the 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. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of said property. 5.. The City Manager, or designee, is authorized to sign offers of purchase and purchase agreements for the purchase of said property. 6. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 7. In the event the property cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of said property. Passed and approved this 1st day of T„na , 2010. ATTEST: ~• ~-~.J CIT LERK MA O Ap oved ~ -< ~ < c~ City Attorney's Office Resolution No. 10-303 Page 4 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x ~_ ~_ x x x x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc ii Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 319-356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 1443 PRAIRIE DU CHIEN ROAD, WHICH IS A PUBLIC NUISANCE, FO~ THE PURPOSE OF ABATING THE NUISANCE. WHEREAS, der Iowa Code section 364.12A, a city may condemn a residential building found to be a public n 'sance and take title to the property for the purpose of disposing of the property by conveying th property to a private individual for rehabilitation or for demolition and construction of hous ; WHEREAS, the propert locally known as 1443 ;prairie Du Chien, Iowa City, Iowa ("the property"), which contains Ingle family dwelling, isj a public nuisance; r" WHEREAS, the record title ho er to the property is Ivan C. Marquardt who died intestate (without a will) on April 24, 2010; WHEREAS, the City has been recei ' g and ' vestigating complaints on the property since 1989; WHEREAS, the most prevalent complaint ha been the storage of junk and salvage materials in the yard and in the driveway such that a ttwas established where every few years, the owner would be cited for improper storage of j k and salvage materials and then he would clean it up only to start collecting again within a few'`ryionths; WHEREAS, the owner also stored inoperable vehicles iii~,the driveway; WHEREAS, in 2007, the propertyibegan to deteriorate at.:an accelerated pace, and it was approximately at this time that Ci ~ staff became aware that the owner had moved to a nursing home; WHEREAS, beginning in 20 ,the grass was not mowed and leaves were not raked, and bushes and weed trees sta d to take over the property; WHEREAS, in 2008, the ity removed all of the overgrowth from the right of way but the private property still was very b d condition, and there were piles of junk and old appliances all over the exterior of the property and two inoperable vehicles in the driveway; WHEREAS, on Octq~er 9, 2008, the City issued him a municipal citation for the accumulation of junk and salvage aterial, Johnson County case number CISC072343; WHEREAS, on October 30, 2008, the magistrate ruled that he did have junk and salvage material on th property in violation of the City nuisance ordinance and issued an order allowing the City to cl n up the property at his cost; Resolution No. Page 2 WHEREAS, the City hired Mall Service to clean up the property, and approximately five dump truck loads of debris were removed; WHEREAS, on November 14, 2008, the City received a complaint that the cars on the property had not been moved in several months and under section 6-1-20 of the City Code, it is a nuisance to have inoperable vehicles on the property; WHEREAS, on November 4, 2008, City staff inspected the property and determined that the vehicles were inoperable because the tires had rotted off, and staff posted the vehicles with notices and sen~the owner a letter by certified mail telling him to move the cars or the City would tow them; .~, WHEREAS, because'the cars were not moved, the City towed them on November 19, 2008; WHEREAS, in February`2009, the City Water Department received a complaint stating that water was running from the house into the street; ~ WHEREAS, it appeared to City staff that pipes had br en in the house, but because entry to the house was not possible, the Water Department sh the water off at the stop box; WHEREAS, almost 17,000 cubic feet of water leay(ed from the house and the owner's bill for that month was $1,071.18; J WHEREAS, because of concerns of strt~tu I water damage, health hazards (mold), fire hazards due to old vehicles in both garage 4 and the fire load in the house (staff observed through the windows that the house was sta e~ solid with debris when doing the exterior clean up in 2008), the City applied for an admi ' trati~ search warrant on April 16, 2010 which the court granted in Johnson County case nu ber SW~R90504; WHEREAS, on April 21, 2010, City st ff executed the'~earch warrant, but City inspectors were only able to access the living room d kitchen in the house because of accumulated junk and debris which is stacked to the ceili ; WHEREAS, there was a very n rrow path that led from the fr nt door to the kitchen and access to the bathroom, bedrooms d dining room was impossible a to solid walls of accumulated items stacked 7 feet high; ' WHEREAS, the floor th,~t could be walked on was very soft and spt~ngy; WHEREAS, there ' significant mold growing in the house eviden ed by the smell and the kitchen had rottin ood; WHEREAS, th fire load in the house and both garages is extreme cre ting a high fire hazard for neighborin properties and fire fighters; ,~ WHEREAS, he property is a nuisance for the neighborhood and the comm~inity as a whole; WHEREAS, the structure may still salvageable but that can only be asse§sed after a major interior clean up; and Resolution No. Page 3 WHEREAS, absent intervention, it is highly likely that said property will continue to generate nuisance complaints and violations and will continue to deteriorate and become even more hazardous until the house will no longer be salvageable. NOW, THEREFORE, BE IT RESOLVED B_Y THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The propbtty locally known as 1443 Prairie Du Chien Road, Iowa City, Iowa is a public nuisance. ~`~ 2. It is in the public i rest of the City of Iowa City to acquire said property for the public purpose of disposing o aid property by con eying the property to a private individual for rehabilitation or for demoli nand constructio of housing. 3. The City Manager, or designee~.~n consultati n with City Attorney's office, is authorized and directed to establish, on behal~'~,`of the ity, an amount the City believes to be just compensation for the property to be'acquir d, and to make an offer to purchase the property for the established fair market value. '' 4. The City Manager, or designee, is of said property. orized and directed to negotiate the purchase 5. The City Manager, or designee, s authoriz agreements for the purchase of s id property. to sign offers of purchase and purchase 6. In the event negotiation is succ sful, the Mayor an ity Clerk are hereby authorized, upon direction of the City Attorney, execute and attest a documents necessary to effectuate the purchase of said property The City Attorney is he by directed to take all necessary action to complete said transa tions, as required by law. 7. In the event the property c nnot be acquired by negotiation the City Attorney is hereby authorized and directed initiate condemnation proceedin s for acquisition of said property. Passed and approved this ,~_day of ATTEST: CITY CLERK 2010. MAYOR Approved by .~~ ~" ~ ~ -<c~ City Attorney's Office C I T A T I O N °` MUNICIPAL INFRACTION -CITY OF IOWA CITY ORDINANCE VIOLATION yy » CITATION NO. C ~TOH-00039 DOCKET NO. ~~ ~ ~, ~ ~ ~j ~ ~ 1 The City of Iowa City. Iowa vs. DEFENDANT NAME: [VAN C MARQUARDT C/O MANOR CARE ADDRESS: 1940 1ST NE CEDAR RAPIDS IA 52402 C~~y Stale Zip The undersigned states that the Defendant did violate the Iowa City Code of Ordinances on or about: 10 / 08 / 08 at [ ) A.M. [ ] P.M., at Mo. Day Yr Address of Violation(s): 1443 PRAIRIE DU CHIEN RD Defendant herein did violate Section 6-1-2A of the Code of Ordinances of the City o1 Iowa City, Iowa, as follows: Accumulation of junk and salvage material CIVIL PENALTY AND COURT COSTS TO BE CIVIL PENALTY ASSESSED: g $250.00 PAID AT THE TIME ANO PLACE OF THE COURT APPEARANCE SHOWN ON THE COURT COSTS: S CITATION. PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF COURT, TOTAL: $ COURTHOUSE, JOHNSON COUNTY, IOWA. Defendant Is torthwtlh directed to pay the civil penalty and to correct/cease the violation as follows= REMOVE ALL JUNK, DEBRIS AND SALVAGE MATERIAL FROM THE EXTERIOR OF THE PROPERTY TO ANSWER THE CHARGES ON THIS CITATION. YOU MUST APPEAR IN COURT ON 10 ~ 29 / 08 at 8:00 [X] A.M. [ ) P.M. Mo Day n IN THE COURT AT JOHNSON COUNTY FAtIURE TO APPEAR IN COURT WITHOUT 6000 CAUSE Wlll RESULT IN JUDGEMENT FOR THE CIYiI PENALTY AND COURT COSTS AND AN ORDER 70 CORRECT/ABATE THE VIOLATION[S] BEIN6 ENTERED A6AIN8T TOU_ The undersigned attests that the matter herein re true and correct- ey C+ty Employee Terry Goerdt "" ~''"1RUe: Building Inspector Dated 10 ~ 09 ~ 08 phone Number 319-356-5124 Mo Day Y~ ~+ `;~ ~ ~7~~~3 ~'~- :-~ ~~ ..-.>^, `~,, ' l _-~ ~. _ ~~ _..a ,, ~~ _- ~ '! y:~ t _ ,a '~ . ~ `_ ~ cif tick.rpt IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CITY OF IOWA CITY: IOWA, IOWA, Plaintiff, vs. -~G~~, _~ Defendant. MUNICIPAL Ii~JFRACTION "~ Small Claim No_ C1SC0_~~~CEIVFp ay RECORD OF APPEARANC ~, N~V 0 3 2ppg DISPOSITION AND ORDER A~ORNEy~s OFFI cE 0 20Qg ,Defendant (appears) ails to appear INITIAL APPEARANCE: On this _'s~ day of ~['~ -Lti _ and (admits) (denies) the infraction. j he Court hereby enters the following Order =_.~, ___ Clerk to set for Trial and notify parties and counsel. g' _ Defendant having been called throughout the Courthouse and not appearin _Defenda ~rtit'-~ failure to appear is entered of record and Judgment thereon is entered. r :LL,~ Defendant's admission of the infraction is entered f recor _ J w,, Judicial MagistratelDis t Associate J~idge rya :- r ,.. n this day of 20 ,Trial of this matter is had to the Courf, and the Court by TRIAL. O clear, satisfactory and convincing evidence that the infraction is (not) proven PENALTY: Upon Defendant's failure to appear or proof of the infraction against the Defendant, the Crou3~ters the following judgment: ~ _ $ ~ ~ t ~_ lus COURT COSTS $ ~ CIVIL PENALTY $ ~ CT~~ P Payment of the Civil penalty is hereby suspended or deferred under the following conditions: Payment of the Civil Penalty and Court Costs to be made to the Clerk of Court by the day of 20 - ADDITIONAL RELIEF: Defendant is ordered to abate, cease or correct the violation by the day of 20 e event Defendant ferform thetact necesosary to abate o~cotr ect the'violation andrto assess the herein, Plaintiff is hereby authorized to p costs of such abatement or corrective action against the property of Defendant in the same manner as a prope y tax. Other Relief: OTHER DISPOSITION: - ___ Upon Plaintiff's failure to prove the violation, Court Costs in the sum of $ --- _ __ are assessed against the plaintiff. -assessed against Dismissed upon Plaintiffs Motion with Court Costs in the sum of $_- - - ---- (Plaintiff) (Defendant). JUDGMENT FOR THE A80VE 1S HEREBY ORDERED this , da of 20 Clerk to notify parties and counsel_ _._ _ I ) ~~ _ -------.-.- ---- 1 C ~_ ~ _ _ ----_ Date: __-- ~ _--- _ JUDGE (~(j -~ - -- - ri tLv`~,t~v _- JUDICIAL MAG RATE 1 D S R _T ASS fv9aiied to -~~ ~~ ~-- -~ Sixth Judicial District of ! a --- ~ -- - - - Send payments to: Small Claims Clerk `' P.O. Box. 2510 BY: _ ~ ~ ~ ~ ~, - Iowa City, Iowa 52244 Clerk's Office Personnel Responsible For Mailing Document INCLUDE SMALL CLAIM NO. WITH PAYMENTS e C I T A T I O N MUNICIPAL INFRACTION -CITY OF IOWA CITY ORDINANCE VIOLATION CITA710N NO. C~TO8-00039 DOCKET NO. U~ ~ t ~~ ~ ~j) ~ The City of Iowa City. Iowa vs. DEFENDANT NAME: IVAN C MARQUARDT C/O MANOR CARE ADDRESS: 1940 1ST NE C:FnAR RAPIDS IA 52402 City Stale ~~o The undersigned stares that the Defendant did violate the Iowa City Code of Ordinances on or about: 10 ~ 08 ~ 08 at [ ) A.M. [ ] P.M., at Mo. Day Yr Address of Vfolalion(s): 1443 PRAIRIE DU CHIEN RD Defendant herein did violate Section 6-1-2A of the Code of Ordinances of the City of Iowa City, Iowa, as follows: Accumulation of junk and salvage material CIVIL PENALTY AND COURT COSTS TO BE CIVIL PENALTY ASSESSED: g $250.00 PAID AT THE TIME AND PLACE OF THE COURT APPEARANCE SHOWN ON THE COURT COSTS: S CITATION. PAYMENT MUST BE MADE BY CASH OR CHECK TO CLERK OF COURT. TOTAL: $ COURTHOUSE, JOHNSON COUNTY. IOWA. Defendant Is forthwith directed to pay the cirll penalty and to correct/cease the riolatlon as follows: REMOVE ALL JUNK, DEBRIS AND SALVAGE MATERIAL FROM THE EXTERIOR OF THE PROPERTY TO ANSWER THE CHARGES ON THIS CITATION, YOU MUST APPEAR IN COURT ON 10 ~ 29 ~ 08 at 8:00 [X] A.M. [ ) P.M. Ma Oay Yi IN THE COURT AT JOHNSON COUNTY FAILURE TO APPEAR {N COURT WITHOUT 6000 CAUSE Wlll RESULT IN JUDGEMENT FOR THE CIYIL PENALTY AND COURT COSTS AND AN ORDER TO CORRECT/ABATE THE Y{OLATION(S) BEING ENTERED AGAINST YOU. The undersigned attests that the matter herein re true and correct. ey City Employee: Terry Goerdt ~ ~`A''"fiue: Building Inspector 319-356-5124 Dated: 10 ~ 09 ~ 08 Phone Number_ Mo OaY Yr ~ i SC~ q ~7~3~ 3 W~ ~A~ a , --` .~ .~ ..~ ..--- rv~ .. ...~ ~„y.~ ,l ~, '4 ,-• e --'~ -7 ~,., . ~ 1 cif [ick.rpt IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY SMALL CLAIMS DIVISION ~ ~ ' `' ' ~ ~~ CITY OF IOWA CITY, vs. Plaintiff, E, ~: REC~IVEp BY NO ~ ~ 3 2008 IVAN C. MARQUARDT, Defendant. CI~AT r~RNEY'S vFFICE The Court, having considered Plaintiff s oral application for additional relief made at Defendant's initial appearance, finds that it should be granted. IT IS THEREFORE ORDERED that Plaintiff and Plaintiffs agent are authorized to enter the exterior of the property at 1443 Prairie Du Chien Road, Iowa City, Iowa for the sole purpose of abating the violation by removing all the garbage, junk, and salvage material. Plaintiff is further authorized to dispose of said debris and to assess the costs of abatement against the property at 1443 Prairie Du Chien Road, Iowa City, Iowa City, Iowa in the same manner as a property tax. Dated, this ?f C~ day of ~ ~~~ be ~-- , 2008. MAGISTRATE SIXTH JUDICIAL DIST T Copy to: City Attorney's Office Ivan C. Marquardt %Manor Care ~ -~ 1940 1 S` Ave. NE - -- ~ L _ ~ °U . . ~.~ Cedar Rapids, IA 52402 ~ ~ ...---.- a,:~r~; 5 ~3f"rice Personnel Responsible NO. CISCO (~~~ ORDER GRANTING PLAINTIFF'S APPLICATION FOR ADDITIONAL RELIEF MALL SERVICE INSTANT GREEN 1841 SO GILBERT ST IOWA CITY, IA 52240 319 351 3009 CITY OF IOWA CITY HOUSING INSPECTION Jann Ream 410 East Washington Street Iowa City, IA 52240 Statement Account No. Date 704 11 /30108 Total Amount Due $ 2,025.00 Date Due: 12/17/08 Amount Enclosed $ REMIT TO: MALL SERVICE INSTANT GREEN Services Rendered At: CITY OF IOWA CITY 1443 PRAIRIE DU CHIEN Page # 1 Iowa Citv IA 52240 Previous Balance: 0.00 DATE DESCRIPTION AMOUNT 11/07/08 11/21/08 5 Hrs times 3 men, 75.00 hr for man and equipment 3 men, 3 hrs, 75.00 per hour for men and equiptmen 1,125.00 900.00 Current Over 30 Over 60 Over 90 Total Amount Due 2,025.00 $ 2,o25.ao Fall is here. Its time for aeration, and leave clean up. ` `Miscellaneous Accounts Receivable Invoice I r , ~. °C~~~~ PLEASE REMIT TO: '"~®~~~ City of Iowa City -~t.at._ CITY OF IOWA CITY 410 E. Washington St . Iowa City, Iowa 52240-1826 (319) 356-5083 00011560 12.05.08 006032 12.25.08 2,305.41 2,305.41 MARQUARDT IVAN C/0 MANOR CARE 1940 1ST NE CEDAR RAPIDS, IA 52402 Amount Paid $ Please Return This Portion With Your Payment Billing Date: December 05, 2008 City of Iowa City Charges for goods and/or services as follows: EXTERIOR JUNK CLEAN UP OF 1443 PRAIRIE DU CHIEN 11/7 AND 11/21 Description Amount --------------------------------------- LANDFILL TICKETS 280.41 LABOR 11/7 1,125.00 LABOR 11/21 900.00 TOTAL CHARGES: $2,305.41 Please make check payable to City of Iowa City. Questions may be directed to Jann Ream at (319) 356-5120. Please Retain This Portion For Your Records 00011560 12.05.08 006032 12.25.08 2,305:41 PLEASE REMIT TO: I ? i City of Iowa City ~~-^~. p~ wr®,~. 410 E . Washington St .~` ~+.~,y~ ~~ Iowa City, Iowa 52240-1826 ~'~'' (319) 356-5083 CITY OF IOWA CITY 2,305.41 Doug Boothroy From: Kathleen T. Cahill [cahill@www.iowa-city.orgJ Sent: Monday, December 01, 2008 11:04 AM To: Doug Boothroy Subject: You have been billed automatically by the landfill system CIC HOUSING & INSPECTION Account: 005674 410 E WASHINGTON ST Pay By Citypay IOWA CITY IA 52240 Expense Acct: 1000-424100-438050 ------------------------------------------------------------------------------------------ Billing Beginning Due Total Date Balance Receipts Interest Charges ---- Date Due --------- ---------- - 1 -------- -------- 2.01.08 --------- --------- ---------- - ---------- --------------- ---------- --- --------------- --- 280.41 -------- 12.26.08 280.41 ------------------------- Ticket Current Date # Description Quantity Charges Receipts Interest -------- -------- --------- --------------- ------- -------- -- ---- ------ ---------- 11.07.08 608456 Refuse - City .55 TN 21.18 11.07.08 608518 Refuse - City .67 fiN 25.80 11.07.08 608513 Refuse - City .81 TN 31.19 11.07.08 608419 Refuse - City .73 TN 28.11 11.07.08 608422 Refuse - City .76 TN 29.26 11.21.08 610754 Appliance 1 EA 12.50 11.21.08 610739 Refuse - City 1.88 TN 72.38 11.21.08 610701 Refuse - City .73 TN 28.11 11.21.08 610687 Refuse - City .75 TN 28.88 11.21.08 610754 Refuse - City .03 TN 3.00 Total New Tickets 280.41 i M ~' M~1 W V O Z U Q O O ~r F- U c~ ° z `O 0 r~ ~ ~ o w "' U U Q Q O rn - M ~ a M w o O U~ w o Z .n r LL z~ x o ,`On f ~~wmu> rn H Y U v ~ v a a o O w Q 0 N >N 0 U p z O F- c9 z_ x Q W V Q r U W G U '~ V/ W D Q W 0 0 U ~_ N ~_ V,~j z ~ O Q 7 o EFT A 9 9 fl 4 f? !~ ~T ~ c~ 6R N W ~ • ~ ~ ~ ~ Z ~ Z Q ~ U p J a N ~ o ~ ~ H N U ~• ~ ~ ~~ L a w m O ~ o a p Q _ ~ ~ U ~ z N w U W W w U w ~ ~ ~ d ~ W Z O ~ = y o N ~ ~ ~- ~ °~ f0 \ ~ w ~ p ~ ~ Z ~i", ~/ ' N ~ ~ C y U L ~ ~ W ~H000 ~ U 0 "> 5 r 0 ?~ o LL ~ a mo ~o U ~ Q z W Y ~ z p a c~ d d E m d ~ m N °~ c `y c O U U Q ,tea = z ~~ 3 ~ N (~ N c!' I ~~ c~ ° z 0 > ~ o ~ w `n U U Q QO rn- c~ ~ r~i ~ o a w O U F w o Z ~n F LL Z f- X O u~-i ~~~ Wopotn m ~ Q U ~ ~ v a a o .. W V O ^1 \V u /< Z o N N _ Q U°_ V O z O ~ O F c~ z x O ~ LLI O v J J Q ~ _ U} U 3 W ~ ~ w O N U LQQ.L ~IW o~ O ~ U a. N `~ ,~ ~ 0 Q.; C~ F- z ~ O ~ a ~ o C ~ m W 0 Z ~ Z ~ ~ ~ ~ I ~ I I I Q O U U O J ~ \ Q O ~ U J. N L a' Z S c; m '~ O ~ w a ~ Q ~ ~ ~ U z ~ W ~ U ~ ~ ~ W ~ w U w ~ ~ ~ ~ a~ ~ ~ W Z O W aT U r ~° N ~~o _ O g0~'> Q W ~ ~ ~ ~3 ~ L ~ j~ ~U00 W ~ ~ U 0 E 4 0 do LL d mo =o 'o ~ a z w Y O Z a ~ a~ n`, m E m d ~ m N ~ v o ~ U a' ~ ~ wQ ~z 3 ~ RECORD OF ABATEMENT OF AN INOPERABLE/OBSOLETE VEHICLE BY TOW SURVEY OF INOPERABLE/OBSOLETE VEHICLES Photographs Required: -Vehicle front & side -Vehicle rear & side -Property before removal -Property after removal Address Date and Time ~~ ~ l'~l/'l ~ G~l~ I /9 a ;D0 Ar~% Vehicle Make and Model Colo License ~~9 ~~ lA VIN ~ ~ / ~ ~ 1 ~ ~I ~~ ? J I GC , d~ c6 . Condition of Vehicle Location on Lot ve/`~1 - h l~ o ~' ~ ~ ~ro~f G~r~ ~G Damage o Property Duri g Removal Damage to Vehicle Dunng Removal /UON~ /UO/U~ Signatures of Personnal Present: Police Officer ~ JYI HIS Staff rr/n! Towing Service ~ ~~~m FEES INCURRED FOR NOTICE AND RE OVAL OF INOPERABLE/OBSOLETE VEHICLES Notification Fees: Certified Mail ($2) Johnson County Sheriff Service $ (attach Proof of Service) Staff Time during removal FROM: % / ~S~ TO: ~d / ~ d (hour) (minute) (hour) (minute) ~ $35 per hour per staff person; minimum fee $35 .................................................... $~_ Name and Address of Property Owner for Billing Purposes: 1 yfar/ m~ ti~~bT ~/d ~~N~r~. G's~~ ~9~n l '~~~ ~0~2, /P,~ cos ~~' Name and Address of Licensee (if different from Property Owner): ~ ayo~ It is my determination that this vehicle is, constitute a nuisance and will be subject Approved for submittal to finance: Douglas W. B enicles are, mol ~e C'ty Iowa X obsolete, and therefore Director~Housing and Inspection Services Form revised 12/15/2004 Q) ~~ N C ~ O _ ~ (0 C p '~ O ~ N N N ll Z Q t 0 00 Z C~ W G 2 O • ^ Q W V L ~Q~/ 4- LL }+ •~ ~ ~ Q h O Z n N O m oa M 0 N d A D d i0 O E 0 L U ~ - C O .N C 7 O C 01 O C O O U .--. O y O C C C ~ O ~ ~ j a «; O y O ~ d H- a O o E c o '~ Y ~ E ~ ~ - ~ ~~ . . o v 0 °~ o ~ E C o o ~ ad o Y F L N w 01 O) C O N :~ L (n L ~ ~ C U N ~ N .~ O C ~ ~ O E C N .r Q O N v N ~ U F 3 W L ~ ~ L Q O (6 ~ O m C Q tl7 m ~ E p~~ ` f- L ~ ~ O `" N > W U U L >. ~ ~ N ~ c ~ ~ O ~ ~ ~ c o Z m c ~ m ~~ O N Q) U ~ N L d > > ~ ~ ~ N d ~ ~ ~ ~ L ° ~ 3 = ~ o o o 'N o_ ~ c ~ ~ gi ~ 7 U > N N ( p ~ N ~ d~ U L W W W W w W W Z Z Z Z Z Z Z O ~ ~ ~ ~ 0 D ~ ~ ~ ~ ~ ~ ~ -~ ~ -~ ~ -~ w ~ ~ w ~ ~ ~ °o o °o °o o °o °o N N N N N N N OI f~ f~ ` ~ ~ "~ _~ ~ ~ r r ~ r r r r r O O N n 00 O O N W Q d O m Q O m O C f0 U ~ o C ~ O_ C ~ O m O C (d U ~ O m O C f0 U ~ -O O ~~ ~ U C ~~ d E U O. y O n N ~ O U f4 c U ~ F- W U_ O ~ ~ C ~ (0 `Miscellaneous Accounts Receivable Invoice ~ r , ~ ~~ ®~~, r01i,'2~j~ ~ PLEASE REMIT TO: ~- City of Iowa City CITY OF IOWA CITY 410 E. Washington St. Iowa City, Iowa 52240-1826 (319) 356-5083 00011545 11.26.08 006032 12.16.08 $35.00 35.00 MARQUARDT IVAN C/0 MANOR CARE 1940 1ST NE CEDAR RAPIDS, IA 52402 Amount Paid $ Please Return This Portion With Your Payment Billing Date: November 26, 2008 City of Iowa City Charges for goods and/or services as follows: FEES INCURRED FOR NOTICE AND REMOVAL OF INOPERABLE/OBSOLETE VEHICLES 10/30/08 Q 9:45 Description Amount --------------------------------------- PROPERTY MAINT FEE 35.00 TOTAL CHARGES: $35.00 Please make check payable to City of Iowa City. Questions may be directed to Jann Ream at (319) 356-5120. Please Retain This Portion For Your Records 00011545 11.26.08 006032 12.16.08 $35:00 PLEASE REMIT TO: _ 1 r i City of Iowa City ``~~~~~^lin,,",,,` p`~~' MY1®~ 410 E. Washington St. `~'.1,r~~ ~ Iowa City, Iowa 52240-1826 '~'~'' (319) 356-5083 CITY OF IOWA CITY 35.00 I N I H Fri U] Ol N rl I O O O I ~-i r--I 0 0 0 I O 00 I O I O O I rx I I •' I I O I U ua I I O• I ~ H ~ o 7 i i O i H ~? Q C (~ I I o I rn~ I I o I .. ~ N M I , I W , ° N I [i., I O q r -I I , I ••wUw .. .. , I w a H .. .. , i HQQ i .. .. E-+ g u~ I OE-lu] OWN U w~ rxm , ~~a ; ~HHw rx W o ~ HC*~ H In I fs-~WOUEi[-IPA I f~u~c!] , Q f-~R; ~ wcnc~rx~CZH I ~zz l a ~ ~ a u * r~~aagw~ I Z~~ I cn~nu~w°\° a a ~ ~ ->< ~N ~ I cYooor.~o I Oto aoo I e HOo\o i w° U ~ W W I i Cl: U I q ~ x x , ww I a I ~ U U r i Q ~ W I H q q I U ~ ~ I ~ ' E-I H H I q q M I w~+a I u a I z w w I I I ~~ * H HU ~i H GYi I -k 00 I H Ol In ~ LI') I q O l~ O H H I 'z O CO N,~ I ~ W zI M \o I ~ ~ ~ U >C H W I-~+ I ~C c~ ~o ~ ~ ~ ~ h ~ ~ I I ~ q I H ~ ~ 61 I M O 0.i H I N I .. CIS M ~ M U I U] I ~ . • ~ ~ ~ .. ~ q C7 H d+d x d+riy I I Hv]WWE-~ z ~ I HHH(~W W~ HW ~ ~ rx ~~ ~r ~ I i° H .. .. .. . w w ~ o~Q~w~~~Q~ ~ I ~~~~~~wo~+wuQ~ww ~ r~gxE-la I q~w~~~w~uU w c~ ~ , Uz ~ ~IH l i--~ ~ i w o rorn~ ~rnooooo00 0 - H ~ a I I o o 0~0 f~ W H Cl~ (~ I I I o\° I N N N N ~~ W 00 N l0 I o\° I I I I~ (+~ ~p O O O I Q I H H I I a I M W I H I Zi ~ ~1 I (~ , .. .. .. H ••w am w ~na+ I [~ ~ Q'W ~,H W ••W Wf~, q 00 o , , I ' W W Q ~ I , O W W~+H fs+WH .. H ~ E-IW I ~ I ....waw Ha~nwa ..~ [i7 ••W~ Z UH I I ~?+ WOH WUWr.~WW H 30wU~ U~ I °\° ~ Haa~E-+Wr~F-Ir~E., ~a~wHwwowwwgrr~~a~orx C FCq I o\° 1 ~ 3Hcn~nrxrxU~ggFC ~u l ~mEiFC3 ~ ~~~~ Johnson County Casc No. ~~ ~ t`~ ~~ ~, `', AFFIDAVIT OF JANN REAM ~- RE: SEARCH WARRANT a~~ ~ ` ~;` . ~ . =:' COUNTY OF JOHNSON ) 'r `~' ~ . c-'• ss: 'o~" ~, -~ ., STATE OF IOWA ) `'~'` I, Jann Ream, upon being duly sworn to depose and state as follows: 1. I am employed by the City of Iowa City as a Code Enforcement Assistant for the Department of Housing and Inspection Services. 2. Ivan Marquardt is the owner of record of real estate locally known as 1443 Prairie Du Chien Road, Iowa City, Iowa, which contains asingle-family residential unit. I am familiar with the property because I have inspected it in the past for violations on the exterior of the property. 3. The house has been vacant for about three yeazs. 4. In the past, the City has investigated and abated exterior code violations (accumulations of junk and salvage material and inoperable vehicles) at the property, and it is appazent that the house is very full of various items as well. Every window has items piled high next the window such that it is impossible to see into the house through the windows. $, The house presents a significant fire hazazd for several reasons: the interior crammed with paper and other items present a lazge fire load. The upper and lower 2 caz garages aze not only filled with miscellaneous items but with old vehicles. The owner rebuilt old vehicles and collected them. It is a safe assumption that the vehicles and other small motor machines contain gasoline. Because the hous elfire fi tte s rarrived and they would be entering a very house would be fully engulfed befo gh unsafe situation. (. Approximately one year ago, there was a significant water leak due to a broken pipe. Because the house is vacant, the leak was not discovered until the water was running from the house out into the street. The City had to di 6 000 cubicfeet anl d the bill for that month was the water at the curb. The water loss was ove , $1,071.18. It can only be assumed that there was significant water damage to the house - especially since no repairs have been done. The soaked material remains and is most likely a bad mold hazard. The water soaked wood (floor boards, joists) and drywall aze in all likelihood rotting and molding. ~. The structure at 1443 Prairie Du Chien is a nuisance under the City Code section 6-1-2 for two reasons. One, section 6-1-2H of the City Code provides that abandoned/vacant buildings are a nuisance. It is "abandoned/vacant" asthat term is defined in Iowa City City Code section 6-1-1 because it is unoccupied and has housing and building code violations. Two, it is in a hazardous condition as provided in section 6-1-2I because of the fire hazard. g. I request that the magistrate issue a search warrant authorizing me, a police officer, and two housing or building inspectors of the City of Iowa City to enter the house and garages at 1443 Prairie Du Chien for the purpose of perform' an inspect ~~~ Jane am Tiw Sworn before this Magistrate on the ~ day of April, 2010.. !~ ~~~~ Magistrate f ~,. r-> '`~`" • !. ~` ~~ y~, : ' ~,~: Q ^ ~ r... '~ . d Johnson County Case No. ~ ~ ~~ 5o~f c~ ~~~ -->- ., SEARCH WARRANT ~ :-~ ~- _ ..,. .r %~ :~ City of Iowa City, Iowa °~ ~ ~~ W ;;. Johnson County, Iowa ~ ~~ ~' y 1-~ ~ .. , ~ ~~, :~~--, ~, o~. The Court, having reviewed the application for seazch warrant made by Jann Ream.de ~ Enforcement Assistant for the City of Iowa City, finds that there is probable cause to authorize the seazch the house and two garages at 1443 Prairie Du Chien Road, Iowa City, Iowa because of the nuisance created by the water pipe break, accumulation of debris, and by the house not being occupied for three years. The owner of record is Ivan Marquardt and it is asingle-family home. The City is appropriately concerned about the condition of the house and garage due to the water pipe leak and because of the house has not been occupied for three years. Vacant/abandoned buildings and fue hazazds are nuisances under City Code sections 6-1-2H and 6-1-2I. IT IS THEREFORE COMMANDED that: 1. Jann Ream, an Iowa City police officer, and two housing or building inspectors for the City of Iowa City are authorized to enter 1443 Prairie Du Chien for up to one hour for the purpose of inspecting the house and two garages to determine the extent of the fire hazard and water damage. 2. Such inspection shall be conducted no later than April ~© , 2010, and shall occur between the hours of 8:00 a.m. and 5:00 p.m. 3. Jann Ream is to prepare a written return on this warrant, stating the date and hour this warrant came into her hands and the date and hour the inspection commenced and concluded. Dated, this 1 ~ ~ day of April, 2010. ~~u~ ~ i~~~~~.~ Judicial Magistrate, Sixth Judicial District ~~'.n~ Johnson County Cause No. SWCR090504 Case No. N/A ~~ Agency City of ICi~ ~T -~~. ,_, ~.. :~L ~ .: State of Iowa, County of Johnson r~ `~' w ~ ~_=- RETURN TO SEARCH WARRANT ~ _ _~:- ~. :~_-, ~:R I, the undersigned, a code enforcement assistant for the City of Iowa City, cexttf,~ th~ the attached search warrant came into my possession at approximately 8:05 a.m. on Ap~i~16,`c~10. I executed the warrant by making a search that commenced at approximately 1:30 p:m. at 1443 Prairie Du Chien Road, Iowa City, Iowa on Apri121, 2010 and concluded at approximately 2:15 p.m. on April 21, 2010. I seized no property. I was accompanied by an Iowa City police officer and 2 Iowa City housing and building inspectors. Fire Department personnel assisted with entry. I have further executed the attached warrant by leaving a copy of the warrant at 1443 Prairie Du Chien Road, Iowa City, Iowa. I, the officer by whom the attached warrant was executed, do certify that the above contains a true and detailed account of the execution of the warrant, and is accurate to the best of my knowledge. Subscribed and sworn to before me this ~ 33 ~~ ~' P- . ~ ~- ~~~-~~ 7~ Jann Cod nforcement Assistant City of Iowa City, Iowa _ day o p 1, 2010. C AL MAGISTRATE SIXTH JUDICIAL DISTRICT Return to Search Warrant, page 1