HomeMy Public PortalAboutResolutions-2008-07CITY OF TIFFIN RESOLUTION NO. 2008-07
A RESOLUTION AUTHORIZING AND DIRECTING THE ENTERING INTO OF
A 28E AGREEMENT WITH THE CLEAR CREEK AMANA HIGH SCHOOL
DISTRICT FOR CONSTRUCTION AND FUNDING OF HIGHWAY
IMPROVEMENTS
WHEREAS, the City of Tiffin has determined it is in the best interest of
the citizens as a matter of public safety to enter into an Agreement with Clear
Creek Amana School District regarding the planning, financing, and
construction to widen and install a turning lane on Highway Six thereby
creating a safer access to the Clear Creek Amana High School campus; and
WHEREAS, Chapter 28E of the Code of Iowa provides the authority for
public agencies to enter into agreements in order to make efficient use of their
powers and to cooperate for their mutual advantage; and
AND. WHEREAS, Chapter 28E.4 requires that appropriate action by the
Council must be taken before any such agreement may enter into force;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TIFFIN, IOWA; THAT:
1. The Mayor and the City Clerk are hereby authorized to execute the
"28E Between The Clear Creek Amana Community School District and The City
of Tiffin, Iowa, for the Construction and Funding of Highway Improvements",
the same as is attached hereto and incorporated herein by this reference.
2. Said Agreement is hereby approved as to form and content and is
found to be in the best interest of the City of Tiffin, Iowa.
3. The City Attorney is hereby authorized to record a certified copy of
this Resolution, together with said attached Agreement, in the office of the
Recorder for Johnson County, Iowa, and to file a copy of . this Resolution and
Agreement with the Secretary of State, as required by Chapter 28E, Iowa Code.
The City Clerk is further directed to keep a copy of said recorded documents in
a permanent file maintained by the City Clerk.
ON THE 9th day of April 2008, at a regular meeting of the Tiffin City Council,
Tiffin, Iowa, Councilperson Wright introduced A RESOLUTION AUTHORIZING
AND DIRECTING THE ENTERING INTO OF A 28E AGREEMENT WITH THE
CLEAR CREEK AMANA HIGH SCHOOL DISTRICT FOR CONSTRUCTION AND
FUNDING OF HIGHWAY IMPROVEMENTS, and made a motion for approval.
The motion was seconded by Councilperson Petersen.
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Ayes: Chris Bal 1 James Bartels, � ML
► -�,re—Qeri-eke-; -Mark � ., , ,.n Wright
Absent: None
Nays: None
Motion carried.
WHEREUPON, the Mayor declared that A RESOLUTION AUTHORIZING AND
DIRECTING THE ENTERING INTO OF A 28E AGREEMENT WITH THE CLEAR
CREEK AMANA HIGH SCHOOL DISTRICT FOR CONSTRUCTION AND
FUNDING OF HIGHWAY IMPROVEMENTS, be adopted and signified his
approval of the same by affixing his signature thereto.
PASSED, by the Council on the 9th day of April 2008, and approved by the
Mayor on the 9th day of April 2008.
CITY OF TIFFI
By: A� 0 A
pc
fl", Mayor
ATTEST:
G?cx zL
Ruth Demuth, Tiffin City Clerk
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KCL-r:r:.
28E AGREEMENT
BETWEEN
THE CLEAR CREEK AMANA COMMUNITY SCHOOL DISTRICT
AND
THE CITY OF TIFFIN, IOWA
FOR CONSTRUCTION AND FUNDING OF STREET AND HIGHWAY IMPROVEMENTS
This Agreement dated �f 1 �' o u� , 2008 (the "Effective Date' is entered into by and
between the City of Tiffin, Iowa ("Tiffin") and the Clear Creek Amana Community School District (the
"School District,,).
BACKGROUND
A. The School District is building a high school campus adjacent to US Highway 6 within the Tiffin
City limits. ,
B. Tiffin is planning certain improvements to Ireland Avenue and certain improvements to a portion
of US Highway 6 located within the Tiffin City limits. f
C. The School District and Tiffin want to provide a safer access to the high school campus to and
from US Highway 6 and to provide for better traffic flow and access around the school campus
by making certain improvements to US Highway 6, as more particularly described on the
attached Appendix A (the "Highway 6 Project").
t
D. In the interest of providing a safer environment for the students and parents served by the School
District and the residents of Tiffin, the School District will contribute to the total project cost for
US Highway 6 Project.
E. In exchange for Tiffin managing and contributing to the Highway 6 Project, the School District
will transfer certain real property for an anticipated future city development of Ireland Avenue
along the School District's eastern property boundary, as more particularly described on the
attached Appendix B (the "Ireland Avenue Project "). Tiffin's contribution to the Highway 6
Project serves as the total consideration for the acquisition of the property to be conveyed by the
School District as described in Appendix B.
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F. Tiffin and the School District must enter into an agreement pursuant to (i) Chapter 28E'of the
Code of Iowa (2007) to outline the responsibilities of each party with respect to the Highway 6
Project as the Ireland Avenue Project and (ii) meet current Iowa Department of Transportation
(the "IDOZ") permit requirements.
Now, THEREFORE, the parties agree as follows:/ I
TERMS
1. Purpose. This Agreement provides terms for the planning, financing, and con
of the Highway 6 Project and the Ireland Avenue Project. This Agreement is made by the parties
the authority of Chapter 28E of the Code of Iowa (2007) and it implements the terms, conditions,
intentions of the parties with respect to the Highway 6_ Project and the Ireland Avenue Project.
2. Duration. The term of this Agreement (the "Term"):will commence on the El
Date and remain in effect until the later of (a) completion of the Highway 6 Project, as determine
Tiffin in its reasonable discretion, and (b) the completion of Ireland Avenue Project, as determined by
Tiffin in its reasonable discretion.
3. Administration. No separate legal entity will be created by or under this Agreement.
The parties agree that the Superintendent (or designee) of the School District and the City Council of the
city of Tiffin will be the administrators_ for the purposes of this Agreement as provided in Section 28E.5
of the Code of Iowa (2007).
s 4. Development, Financing, and Construction of the Highway 6 Proiect.
(a) Project Mana ement. The Mayor, on behalf of Tiffin, will administer the
contract for the design and construction of the.Highway 6 Project.
`i (b) Project Design. Tiffin will obtain all required approvals from the IDOT for
the design of the Highway 6 Project. Tiffin will be responsible for overseeing contracts f6r the design and
construction of the Highway 6 Project, incorporating the material aspects of the preliminary conceptual
design set forth in Appendix A. Tiffin will select, in its sole discretion, an engineer to prepare final plans
' and specifications for the Highway 6 Project. The final design is subject to the approval of the School
District and the IDOT.
(c) Contractor. Tiffin will procure and award the contractor for the Highway 6
Project and will manage and administer the construction of the Highway 6 Project, subject to all
applicable public bidding laws.
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(d) Probable Cost. The parties agree that the opinion of probable cost for the
Highway 6 Project is $1,593,200, as shown on attached Appendix A. The School District's share of the
n ` cost for the improvements will be a lump sum amount of $350,000. The remainder of the costs associated
with the Highway 6 Project are the responsibility of Tiffin.
(e) Overages. Any overage or underage of the current estimated probable cost
a for the Highway 6 Project, upon completion, will be the responsibility of Tiffin.
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(f) Payments. Tiffin will make all payments to the contractor for work completed
? and other associated costs. Tiffin will invoice the School District for partial payments in accordance with
the percentage of completion of the Highway 6 Project. The School District will pay within four weeks
of receipt of the invoice by the School District.
(g) Insurance. The required insurance certificate provided by the contractor will
name the School District as additional insured on the Project.
(h) Other Terms. The School District will conform to the signed IDOT Permits
currently issued to them. These are the "Special Access Connection (Iowa DOT Form 810124)";
"Agreement for Revision of Access (Iowa DOT Form 810123"); and "Temporary Access Permit". The
School District acknowledges that the access on the west side at Highway Station 136+88 (E) will
provide access to the property lying to the west of the campus. If a developer seeks access, .the School
district and the developer will be responsible for negotiating the terms of any access.
(i) Other Parties. The Iowa Department of Transportation (IDOT) and the Deer
View Estates subdivision development (owned by IPL Development, LLC and Alot For Alot, LLC) will
pay an appropriate share of the total cost of the project. Tiffin will obtain written agreements from both
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IDOT and Deer View Estates before this Agreement by the School District and Tiffin becomes effective.
Tiffin may waive participation by Deer View Estates at its discretion.
(j) Timeliness. Tiffin will meet all IDOT timelines and contracts starting with a
April 15, 2008 scheduling submission, and Tiffin will coordinate construction to allow for substantial
completion on or before August 1, 2009.
5. Ireland Avenue Proiect
(a) Property Conveyance and Lease. The School District will convey to Tiffin in
fee simpleland on the eastern property boundary of the school campus as identified on the attached
Appendix B for purposes of the Ireland Avenue Project. The School District will convey the property to
Tiffin within 120 days of the date of final approval of this Agreement. Tiffin will not begin construction
on•the Ireland Avenue Project until after the Highway 6 Project is completed. Tiffin will lease the
property acquired back to the School District for One Dollar annually until such time that Tiffin begins
construction on the Ireland Avenue Project. Tiffin will give reasonable advance notice to the School
District of its intention to begin construction. During the lease term, the School District will exercise
control over the property, including maintenance and insurance.
(b) Unused Proverty. Upon completion of the Ireland Avenue Project, Tiffin will
convey land not used in the Ireland Avenue Project back to the School District that is located along
Highway 6 on the southwest corner of the new intersection with Roberts Ferry Road.
(c) Tiffin Responsibility. Tiffin will be .solely responsible for designing,
managing, funding, and all other aspects of the Ireland Avenue Project. The School District's sole
responsibility with respect to the Ireland Avenue Project is to convey the land suitable for a right-of-way
as set forth in Section 5(a).
(d) Tiffin Funding. Tiffin will design and fund the Ireland Avenue Extension
Project. The School District will make no monetary contribution to the Project. The District will
cooperate with the City to facilitate joint use projects, such as currently exhibited by the shared Library,
including the use of meeting rooms, recreational and fitness facilities, and other similar undertakings.
(e) Project Design. In designing and building the Ireland Avenue Project, Tiffin
will conform the following requirements:
1. Provide access to the school at the Third Street entrance of no additional cost
to the School District;
2. Maintain the existing dimensions of the baseball diamond on School District
property;
3. .Provide sufficient safety buffers in the street design bordering School District
property.
6. General
(a) Modifications to the Agreement. No waiver, change, modification, or
amendment of this Agreement will bind either party unless in writing and signed by the affected party.
The waiver of either party hereto of a breach of any provision of this Agreement will not operate or be
construed as a waiver of any subsequent breach of that provision by the same party or of any other
provision or condition in this Agreement.
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(b) Entire Agreement-, Termination of Other Agreements. This Agreement
constitutes the entire agreement and understanding of the parties hereto concerning the subject matter
hereof. This Agreement supercedes any other prior negotiations, discussions, writings, agreements, or
understandings, both written and oral, between the parties with respect to such subject matter.
(c) Counterparts. This Agreement may be executed in separate counterparts,
each of which is deemed to be an original and all of which taken together constitute one and the same
agreement.
(d) Descriptive Headings. The descriptive headings of this Agreement are
inserted for convenience only and do not constitute a part of this Agreement.
(e) Construction. Where specific language is used to clarify by example a
general statement contained herein, such specific language does not modify, limit, or restrict in any
manner the construction of the general statement to which it relates. The language used in this Agreement
is the language chosen by the parties to express their mutual intent, and no rule of strict construction
applies against any party.
(f) Notices. All notices to or demands upon School District or Tiffin desired or
required to be given under any of the provisions must be in writing. Any notices or demands are deemed
to have been duly and sufficiently given if a copy thereof has been mailed by United States registered or
certified mail in an envelope properly stamped and addressed to the following address; or at such other
address as the party may theretofore have designated by written notice to the other party:
To School District:
Clear Creek Amana Community School District
327.S. Augusta Avenue
Oxford, IA 52322
Atin: Paula Vincent
Copy to:
David J. Zylstra
Simmons Perrine PLC
115 Third Street SE, Suite 1200
Cedar Rapids, 1A 52401-1266
To Tiffin:
City of Tiffin
201 Main Street
P.O. Box 259
Tiffin, Iowa 522340-0259
Copy to:
Stephen N. Greenleaf
Lynch, Greenleaf & Michael, LLP
POB 1757
1402 Willow Creek Ct.
Iowa City, IA 52244-1757
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The effective date of any notice will be three days after delivery of the same to the United States Postal
Service
7. Approval. This Agreement has been approved as required by law by the City Council
of the City of Tiffin and the Board of Education of the School District on the dates as indicated below.
The parties hereto understand this'Agreement may conflict with the current School District policy and the
policy will be revised to conform to the terms of this Agreement.
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Dated: � " /�c ^ 2c6,c
STATE OF IOWA
Tiffin:
�j lAyor
ATTEST:
ti
LL�U.�..a.L;a.t.
City Clerk
ss:
COUNTY OF e ` . ,�
(1 ,
On this day of i , 2008, before me Not Public, in and for the State of
Iowa, personally appeared r. and , to me
personally known to be the Mayor an&,City Clerk, respectively, of the City o Tiffin, Iowa, the
municipality described in and which executed the foregoing instrument to which this is attached; and has
affixed its seal, and that this instrument was executed and signed on behalf of the City of Tiffin, Iowa;
and that such officers acknowledged the execution of this instrument to be the voluntary act and deed of
the City of Tiffin, Iowa by it and by them voluntarily executed.
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up
NotakPublic in and for the State of Iowa
�e
MELISSAGAUL
Commisslon Number 750406
My Commi i
owe —I m"'i
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Dated:, `7 - y
SCHOOL DISTRICT
Dan Schaapvel8, Presiden Board of
Directors
alt
Adelia S. Kern, Secretary, Board of
Directors
STATE OF IOWA )
ss:
COUNTY OF�,if
On this ) day of fi 1� , 2008, before me, a Notary Public, in and for the State of
Iowa, personally appeared P A S Qin and �t K)1 c L J �t �i r L �=Z Seto me
personally known to be the President and Secre ary, respectively, of the Board of Directors of Clear Creek
Amana Community School District, the corporation described in and which executed the foregoing
instrument to which this is attached; that the corporation has no seal, and that this instrument was
executed and signed on behalf of the corporation by authority of its Board of Directors; and that such
officers acknowledged the execution of this instrument to be the voluntary act and deed of the corporation
by it and by them voluntarily executed.
1t�� ,1P �
-) Notary Public in and for the State of Iowa
off DEA STRATTON
Commission Number 743064
My Commission Expires
L M--1 A nl 2, 2010
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Appendix A
Proiect Description:
The total project description shall include improvements necessary (widening and overlay) to provide
turning lanes at the new School District's high school, Deer View Estates Subdivision, and existing
Robert's Ferry Road. This would generally be between US Highway 6 Station 163+40 (E) (east right-of-
way Robert's Ferry Road) and Station 128+56 (E)(end of taper for Deer View Estates entrance). The
work will also include five additional private or existing driveways that will require improvements in
accordance with IDOT requirements.
Estimated Proiect Costs:
Utilizing the School District's estimated project cost, updated 01/03/08, for Concept C, for improvements
required between Station 128+56 to Station 159+19, that was a combined IDOT, Deer View Estates
Subdivision, and School District. $1,343,200.00
Plus additional Tiffin expanded improvements up to Station 163+40 or Robert's Ferry Road to
accommodate future improvements to the north and south. $ 250,000.00
TOTAL ESTIMATED PROJECT COST: $1,593,200.00
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EXHIBIT B
A PORTION OF LAND LYING 100.00 FEET WEST OF
AND PARALLEL TO THE EAST LINE OF THE SOUTHEAST
QUARTER OF SECTION 28, TOWNSHIP 80 NORTH,
RANGE 07 WEST OF THE FIFTH PRINCIPAL MERIDIAN,
JOHNSON COUNTY, IOWA, AND LYING NORTH OF THE
NORTH RIGHT OF WAY LINE OF THE HEARTLAND RAIL
CORPORATION (IOWA INTERSTATE RAILROAD) AND
LYING SOUTH OF THE SOUTH LINE OF AUDITOR'S
PARCEL C AND D AS RECORDED IN PLAT BOOK 34,
PAGE BOA IN THE OFFICE OF THE JOHNSON COUNTY
RECORDER. EXCEPTING THAT PORTION OF LAND 2.00
FEET OUTSIDE OF THE EXISTING OUTFIELD FENCE OF
THE CLEAR CREEK AMANA"HIGH SCHOOL BASEBALL
FIELD. ALSO EXCEPTING THE EXISTING RIGHT'OF
WAY OF IRELAND AVENUE, SAID LAND CONTAINS
APPROXIMATELY 2.10 ACRES, MORE OR LESS.
N
W, E
S
GRAPHIC SCALE
120 0 60 120
( IN FEET )
I inch - 120 It
REVISIONS HART -FREDERICK CONSULTANTS, P.C.
DESCRIPTION H P.O. Box 560 EXHIBIT B,
1L. 510 E. State Street
C Tiffin, Iowa 52340 DATE: 3_27_CB DRN: J?A APP.
Phone: (319) 545-7215
Fax: (319) 545-7220 FI I1 RK PR(1.1 N(1 05213. %7
a
., 2008-07
Prepared by:
Stephen N. Greenleaf, POB 1757,Iowa City, IA 52244,(319)351-1056
CERTIFICATION OF CITY CLERK
STATE OF IOWA )
COUNTY OF JOHNSON )ss.
I, Ruth Demuth, City Clerk of the City of Tiffin, Iowa, do hereby
certify that the Resolution attached hereto is a true and correct copy of
the Resolution No. 2008-07, which was passed by the City Council of
Tiffin, Iowa, at a regular meeting held on the 9th day of April 2008, all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this 914 day of 413412008.
> RUTH- DEMUTH, City Clerk
STATE OF IOWA )
COUNTY OF JOHNSON )ss.
On this Za day of 2008, before me, a Notary
Public, in and for the State of Iowa, ersonally appeared Ruth Demuth,
to me personally known, and who, being by me duly sworn, did say that
she is the city clerk, of the City of Tiffin, Iowa; and that the instrument
was signed on behalf of the corporation, by authority of its city council,
as contained in the resolution adopted. by the city council, and that Ruth
Demuth acknowledged the execution of the instrument to be her
voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Juu
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�oss�o Notary Public in and for
the State of Iowa