HomeMy WebLinkAbout1992-08-04 Resolution
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RESOLUTION NO. ....21::Z11
RESOLUTION TO ISSUE DANCING PERMIT
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BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the fOllowing
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine license/permit, to wit:
Re.ina Fall Fun Festival - 2150 Rochester Avenue
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It was move'd by Ambrisco and seconded by
'as read be edopted, and upon roll call thare were:
HorOl,itz that the Resolution
AYES:
NAYS:
ABSENT:
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x
x
x-
-X-
x
x
Passed and approved this 4th
Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
, Novick
day of August , 19~.
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ATTEST: ?r't~~~,) (I. -/d."J
CIT CLERK
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RESOLUTION NO. 92-212
RESOLUTION TO ISSUE ClGARETIE PERl-IITS
iIHEREAS, the follol~ing fims and persons have made application
and paid the lllU1ct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, tha~ the
applications be granted and the City Clerk be and he/she is hereby
directed to issue a permit to the follol~ing named persons and firms to
sell cigarette papers and cigarettes:
Wig & Pen Pub - 1220 H11Y 6 West
Sheller Globe/UAT' - 2500 Hwy 6 East
It was moved by AmhaiSCO and seconded by, ' ~orowitz
that the Resolution as rea be adopted, and upon roll callt ere were:
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AYES: NAYS: ABSENT:
Am\nj 5CO X
Courtney X ..
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HorOl~itz X
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Kubby X \ '
Larson X
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McDonald ,.
Novick X
Passed and approved this 4th
day of AUOllRt
, 19...9.L'
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Mayor
Attest: 711~'~ /( ~
mr Clerk
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RESOLUTION NO. 92-213
RESOLUTION TO REFUND ClGARE'ITE PERI-lIT
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WHEREAS, Harold's at 130 S. Dubuque
in Iowa City, Iowa has surrendered cigarette permit No. 92-13 ,expiring
June 30 , 19~, and requests a refund en the unused portion
thereef, now therefore,
BE IT RESOLVED BY.1lIE CITY COUNCIL OF IOWA Cln', IOWA, that cigarette
permit No. 92-13 , issued to Harold's be cancelled and,
BE IT FUR1lIER RESOLVED that the Mayer and City Clerk be and they are
hereby authorized ,and directed te draw a warrant on the General Fund in
the amount of$ 75.00 , payable to Hawkeye Amusement Co. as a
refund on cigarette permit Ne. 92-13
It was moved by 'Arnbrisco and seconded by Horowitz
that the Reselution as read be adopted, and upen roll call there were:
AYES: NAYS: ABSENT:
Arnbrisce ...L
Courtney x
Horowitz x
Kubbv X
Larson x
McDonald x
Nevick X
Passed and approved this 4th
day .of
Au~ust
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Mayor
Attest: ~ .;<, ~
Cit Clerk
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HolD
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RESOLUTION NO. 92-214
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
1'IIE CHAUNCEY SWAN PARKING FACILITY 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 CITY 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-named project is to be
held on the' 18th day of August, 1992, at 7:30 p.m. in the Council Chambers,
Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the above-named proposal in a newspaper published
at least once weekly and having a general circulation in t,he City, not less
than tour (4) nor morcthan 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 inepection;
I t was moved by Ambrisco and seconded by
adopted, and upon roll call, there were:
Horowitz the Resolution be
AYES..:. NAN:. ABSENT:
-1- _ _ Ambrisco
-1- ~ _ Courtney
-1- _ _ Horowitz
~__Kubby
~ _ _ Larson
_ _ ~ McDonald
-1- _ _ Novick
Passed and approved this 4th day of August 1992.
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ATTES'f: 'A~~ k'. ~
ITY CLERK
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ity Attorney's Office
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RESOLUTION NO. 92-215
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRAGr AND ESTIMATE OF COST FOR THE CONSTRUGrION OF
TIlE HIGHWAY 6 INTERSEGrION IMPROVllIIENTS PROJECr, DIREGrING CITY CLERK
TO PUBLISH NOTICE OF SAID HEARING, AND DIREGrING THE CITY ENGINEER
TO PLACE SAID PLANS ON FILE FOR PUBLIC ,INSPEGrION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and
estimate of oost for the construction of the above-named proj ect is to be
held on the 16th day of August, 1992, at 7:30 p_m. in the Council Chambers,
Civic Center, Iowa City, Iowa. '
2. That the City Clerk is hereby authorized and directed to publish notice
of the P\lblic hearing for the above-named proposal in a newspaper published
at least once weekly and having a general circulation in the City, not less
than fOUl' (4) nor more than twenty (~O) days before said hearing.
3. That the co!,y 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.
I t was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Horowitz the Reeolution be
AYES.:. NAYS.:. ABSENT:
-L _ _ Ambrisoo
-L _ _ Courtney
-L _ _ Horowitz
-L _ ---'- Kubby
-L_ _ Larson
_ _ ~ McDonald
-L _ _ Novick
Passed and approved this ~ day of August 1992.
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ATTEST: ,~~ .J!, ~J
TY CLERK
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RESOLUTION NO. 92-216
A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR THE EXECUTION OF
TIlE NORTH OOooE WATER RIlSERVOIR RIlPAINT & REPAIR PROJIlCT,
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 CITY 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-named project is to be
held on the 18th day of August, 1992, at 7:30 p.m. in the Council Chambers,
Civic Center, Iowa City, Iowa,
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the above-ne.med proposal in a newspaper published
at least once Hcekly 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
cf cost fcr the ccnstructicn cf the above-named project is hereby ordered
placed on file by the City Engineer in the office of the City Clerk for
public inspection.
It was moved by Ambrisco and seconded by Horowitz
adopted, and upon roll call there were:
the Resolution be
~ ~ ABSENT:
L- _ _ Ambrisco
L- _ _ Courtney
L- _ _ Horowitz
~__Kubby
~ _ _ Larson
_ _ ~ McDonald
~ _ _ Novick
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August
1992,
ATTEST: 7/; ~;fAtJ J!, ;:;~
(!i:TY CLERK
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RESOLUTION NO. 92-217
RESOLUTION ACCEPTING THE WORK FOR THE
FY 91 LANDFILL EXPANSION PROJECT
WHEREAS, the Engineering Division has recommended,that the
work for construction of the FY 91 Landfill Expansion Project as
included in a contract between the City of Iowa City and Steger-
Heiderscheit, of Dyersville, Iowa, dated August 2, 1991, be
accepted and
WHEREAS, the performance and payment bond has been filed in
the City Clerk's office,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa
city, Iowa, that said improvements be hereby accepted by the City
of Iowa City, Iowa.
It was moved by Arnbrisco
Horowitz that the resolution as
roll call there were:
and seconded by
read be adopted, and upon
AYES:
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NAYS:
ABSENT:
AMBRISCO
COURTNEY
HOROWITZ
KUBBY
LARSON
McDONALD
NOVICK
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Passed and approved this ~ day of August 1992.
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APPROVED AS TO FORM
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City Attorney's Office
ATTEST: Ih~At~.d ./!, ~~
CITY CLERK
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ENGINEER'S REPORT
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CITY OF IOWA CITY
July 28, 1992
Honorable Mayor and City r~unoil
Iowa City, Iowa
HE: IT91 Landfill Ilxpanaion Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the IT91 Landfill Rxpenaion Project
has been completed insubstantial accordance with the plana and specifications
of the Engineering Division of the City of Iowa City. The final contract
price is $980,861.01.
I recommsnd that the above-referenced improvements be accepted by the City of
Iowa City.
Sincerely,
/~Ijq/ffAa
Richard A. Fosse, P.E.
City Engineer
b:\council\engblrut3.rpt
410 EAST WASIIINCiTON SlRrfT. IOWA CITY. IOWA
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RESOLUTION NO. 92-218
RESOLUTION AUTHORIZING THE MA YOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE
EXECUTED FOR PROPERTY LOCATED AT 725 EAST DAVENPORT STREET.
WHEREAS, on August 30,1985, the property owner of 725 East Davenport Street executed
a promissory note to the City of Iowa City in the amount of $17,500 for value received by
way of housing rehabilitation assistance, and
WHEREAS, said promissory note created a lien against the subject property; and
WHEREAS, $15,050 of the original sum of $17,500 has been forgiven, with an existing
principal balance of said note as $2,450; and
WHEREAS, the property owner of 725 East Davenport Street died during the month of May
of 1992; and
WHEREAS, the loan agreement states that the outstanding principal shall be forgiven upon
death.
NOW, THEREFORE, BE IT RESOLVED 8Y 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 affected property from an obligation
of the property at 725 East Davenport Street to pay to the City the principal amount of
$17,500, which obligation was recorded in Book 796, pages 344-46 of the Johnson County
Recorder's Office.
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Horowitz the Resolution be
AYES: NAYS: ABSENT:
X Ambrisco
-X- Courtney
-X- Horowitz
-X- Kubby
~ Larson
X McDonald
X Novick
Passed and approved this 4th day of August ,1992,
ATTEST:7J\'lA~MJ -f. Jd,AA-J
CITY CLERK
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RELEASE OF LIEN
The City of Iowa City does hereby release the following described property:
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Commencing at a point 60 feet west of the northeast corner of Lot 1, Block 15,
Iowa City, Iowa, according to the recorded plat thereof; thence west 32 feet;
thence south 73 feet; thence east 32 feet; thence north to the place of
beginning subject to easements and restrictions of record, if any,
from an obligation of the property owner of 725 East Davenport Street to the City of Iowa
City, Iowa, in the principal amount of $17,500 represented by a depreciating lien recorded in
the Office of the Johnson County Recorder on September 6, 1985, in Book 796, Pages 344-
346. This obligation has been satisfied and the lien is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior racofd~d documents.
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CITY OF IOWA CITY, IOWA
ATTEST:
BY'~
Mayor
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City Clerk
Approved By .,"4-
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City Attorney's Office 1~p2.3_? ~
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 51'* day of Au Gous..- , A,D. 19..1L, before me, the
undersigned, a Notary Public in and for said County, in said State, personally appeared Darrel
G. Courtney 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, by authority of its City Council; and that the said Darrel G. Courtney and Marian
K. Karr as such officers acknowledged the execution of said instrument to be the voiuntary
act and deed and said corporation, by it and by them VOluntarily executed.
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Notary Public in and for Johnson County, Iowa
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RESOLUTION NO. 92-219
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF
WESTPORT PLAZA SUBDIVISION, IOWA CITY, IOWA.
WHEREAS, the owner, Wal-Mart Stores, Inc., has filed with the City Clerk, the preliminary and
final plats of Westport Plaza Subdivision, Iowa City, Johnson County, Iowa, and
WHEREAS, said subdivision Is located on the following-described real estate located in Iowa City,
Johnson County, Iowa, to wit:
Commencing at the Southeast Corner of the Southwest Quarter of Section 16,
Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence
NOO'51 '23"E (an assumed bearing) along the east line of said Southwest Quarter,
230.00 feet to the Point of Beginning; Thence S89'42'40"W along the north line
of a parcel conveyed to the City of Iowa City, Iowa by Warranty Deed, recorded
In Deed Book 185, at page 321 of the records of the Johnson County, Iowa,
Recorder's office, 811.94 feet, to its Intersection with the northeasterly limits line
of the existing Iowa City Airport clear zone for runway number 12; thence
N49'5T39"W along said northeasterly limits line, 926.91 feet to its Intersection with
the southerly right-of-way line of Iowa Primary Road No.1; Thence N44'OO'45"E
along said right. of-way line, 220.30 feet to a point which Is 180.00 feet radlaliy
distant southeasterly from the centerline of said highway at Station 13S+50;
Thence N4S'1S'47"E along said right-of-way line, 423,33 feet to apolni which Is
160.00 feet radlaliy distant southeasterly from the centerline of said highway at
Station 143+00; Thence N58'21'1S"E, 330,50 feet to a point which Is 156,20 feet
radially distant southeasterly from the centerline of said highway nt Station
146+00; Thence northeasterly S.72 feet, along a 2231.90 foot radius curve,
concave southeasterly, whose S,72 foot chord bears N70'OT09"E; Thence
S49'5T39"E, 63S.61 feet; Thence S89'OS'37"E, 225.S2 feet to the southeast
corner of Lot 1, Ruppert Subdivision, Part One, said corner being 60.00 feet
normaliy distant westeriy from the east line of the southwest quarter of said
Section 16; Thence NOO'51'23"E, 133.69 feet along the east line of said Lot 1;
Thence SS9'OS'37"E, 60.00 feet to a point on the easlline of the southwest
quarter of said Section 16; Thence SOO'51'23"W, 927,17 feet to the Point of
Beginning. Said tract of land contains 2S.09 acres more or less and Is subject to
easements and restrictions of record,
WHEREAS, the Department of Planning and Community Development and the Public Works
Department have examined the proposed preliminary and final plats and subdivision, and have
recommended approval of same; and
WHEREAS, said preliminary and final plats and subdivision were examined by the Planning and
Zoning Commission, which recommended that said preliminary and final plats and subdivision be
accepted and approved, subject to the owner obtaining reciprocal maintenance and access
easements among and between the subsequent property owners for access to existing private
sanitary sewer, storm sewer, and water mains; and
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Resolution No. 92-219
Page 2
WHEREAS, the subdivision has been made with the free consent and In accordance with the
desires of the owners and proprietors; and
WHEREAS, said preliminary and final plats and subdivision are found to conform with Chapter
409A, Code of Iowa, and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIlY OF IOWA CITY,
IOWA, that said preliminary and final plats and subdivision located on the above.descrlbed real
estate be and the same are hereby approved, subject to the owner's obtaining reciprocal
maintenance and access easements among and between the subsequent property owners for
access to existing private sanitary sewer, storm sewer, and water mains, which shall first be
approved by the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Iowa City, Iowa are
hereby authorized and directed, after approval by the City Attorney, to execute any legal
documents relating to said subdivision and to certify the approval of this resolution, which shall
be affixed to the preliminary and final plats after passage and approval by law; and the
owner/subdivider shall record the legal documents and the plat at the office of the County
Recorder of Johnson County, Iowa.
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
HorOl;itz the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
Ambrlsco
Courtney
Horowitz
Kubby
Larson
x McDonald
Novick
x
x
x
Passed and approved this
4th
day of August . 1992.
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ATTEST: ~~""AU II, I!cwJ
CIT CLERK
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RESOLUTION NO.
RESOLUTION APPROVING THE PREUMINARY NO FINAL PLATS OF
WESTPORT PLAZA SUBDIVISION, IOWA CITY, I A.
WHEREAS, he owner, Wal.Mart Stores, Inc., has filed h the City Clerk, the preliminary and
final plats 0 Weslport Plaza Subdivision, Iowa City, Jo son County, Iowa, and
WHEREAS, s 'd subdivision is located on the followl .described real estate located In Iowa City,
Johnson Coun Iowa, to wit:
Commencln at the Southeast Comer the Southwest Quarter of Section 16,
Township 7 North, Range 6 West of the Fifth Principal Merldian; Thence
NOo051 '23'E ( assumed bearing) ng the east line of said Southwest Quarter,
230.00 feet to Point of Beglnni g; Thence S89042'40'W along the north line
of a parcel conve d to the City Iowa City, Iowa by Warranty Deed, recorded
In Deed Book 185, at page 3 of the records of the Johnson County, Iowa,
Recorder's office, 81 .94 feet 0 its Intersection with the northeasterly limits line
of the existing Iowa ity rport clear zone for runway number 12; thence
N49057'39'W along said 0 easterly limits line, 926.91 feet to its Intersection with
the southerly righl,of.way ne of Iowa Primary Road No.1; Thence N44000'45'E
along said rlght.of:way' 220,30 feet to a point which is 180.00 feet radially
distant southeasterly om e centerline of said highway at Station 138+50;
Thence N48018'47'E long sa ,rlght.of-wayllne, 423.33 feet to a point which Is
160.00 feet radially Istant sou easterly from the centerline of said highway at
Station 143+00; T nce N58021' 'E, 330.50 feet to a point which Is 156,20 feet
radially dl~tant utheasterlyfro the centerline of said highway at Station
146+00; Than northeasterly 8.7, foot, along a 2231.90 fool raaus curve,
concave s~u easterly, whose 8.7 foot chord bears N70007'09'E; Thence
S490S7'39'E 638.61 feet; Thence S 008'37'E, 225.82 feet 10 the southeast
comer of t 1, Ruppert Subdivision, art One, said corner being 60.00 feet
normally stant westerly from the east Ine of the southwest quarter of said
Section ; Thence NOooS1 '23'E, 133.69 et along the east line of said Lot 1;
Thence S89008'37'E, 60.00 feet to a pain on the east line of the southwest
quarte of said Section 16; Thence SOo051 3'W, 927.17 feet to the Point of
Begl Ing. Said tract of land contains 28.09 a es more or less and Is subject to
eas ments and restrlctlons of record.
WHERE S, the Department of Planning and Community 'evelopment and the Public Works
Depart ent have examined the proposed preliminary and I al plats and subdivision, and have
recom ended approval of same; and ,
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WH~REAS, said preliminary and final plats and subdivision were xamined by the Planning and
Zoping Commission, which recommended that said preliminary and final plats and subdivision be
a,ccepled and approved, subject to the owner obtaining reciprocal maintenance and access
easements, among and between the subsequent property owners for access to existing private
sanitary sewer, storm sewer, and water mains; and
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Reso/ullon No.
Page 2
WHEREAS, the subdivision has been made with the tree consent and In aCCOrdance with the
desires of the owners and proprietors; and
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WHEREAS, said preliminary and IInal pi ts and subdivision are found to conform wilh Chapter
409A, Code of Iowa, and all other stale nd local requirements.
NOW, THEREFORE, BE IT RESOLVED B THE CITY COUNCIL OF T~ITY OF IOWA CITY,
IOWA, that said preliminary and final plats and subdivision located on 'e above-descrlbed real
estate be and the same are hereby oved, subject to the 0 r's obtaining reclprocal
maintenance and access easements amon and between the subs quent property owners for
access to exisllng private sanitary sewer, torm sewer, and wat mains, which shall first be
approved by lhe City Attorney. .
BE IT FURTHER RESOLVED that the Mayo and City Clerk f the City of Iowa City, Iowa are
hereby authorized and directed, alter appro al by the C Attorney, to execute any legal
documents relating to said subdivision and to ertily the roval of this resolulfon, which shall
be affixed to the preliminary and final plats Iter pa sage and approval by law; and the
owner/subdivider shall record the legal docum nts a d the plat at the office of the County
Recorder of Johnson County, Iowa.
It was moved by and seco
adopted, and upon roll call1here were:
AYES: NAYS:
Passed and approved this
day of
ATTEST:
CITY CLERK
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MAYOR
the Resolution be
Arnbrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
1992.
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RESOLUTION NO, 92-220
RESOLUTION APPROVING THE PRELIMINARY PLAT OF PARK WEST
SUBDIVISION, PART ONE, A SUBDIVISION OF JOHNSON COUNTY, IOWA.
WHEREAS, the applicant, K-M, Inc" has filed with the City Clerk of Iowa City, Iowa, an
application for approval of the preliminary plat of Park West Subdivision, Part One; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department have examined the proposed preliminary plat and have recommended approval
of same; and
WHEREAS, the preliminary plat has been examined by the Planning and Zoning Commission,
and after due deliberation the Commission has recommended that it be accepted and
approved; and
WHEREAS, the Commission found that the adherence to the maximum cul-de-sac length of
900 feet, as specified in Article III of Chapter 32 of the City of Iowa City Code of Ordinances,
may result in poor subdivision design; and
WHEREAS, the Commission recommended that the requirements for maximum cul-de-sac
length of 900 feet be varied to permit Teg Court to equal 962.48 feet in length; and
WHEREAS, with the exception of the modification noted above, the preliminary plat is found
to conform 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:
1. That the proliminary plat of Park West Subdivision, Part One, is hereby approved with
modification of the requirements of Article III of Chapter 32 of the City of Iowa City
Code of Ordinances to permit Teg Court to exceed the maximum cul-de-sac length of
900 feet by 62.48 feet.
2. That 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.
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Larson
the ResolutIon be
AYES:
NAYS:
ABSENT:
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Ambrisco
Courtney
Horowitz
Kubby
Larson
x McDonald
Novick
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Resolution No. 92-220
Page 2
Passed and approved this 4th day of
August
,1992.
ATTEST:krv.!( ~
CIT CLERK
Appr ve by
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ity Attorney's Office
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STAFF REPORT
To: Planning & Zoning Commission Prepared by: Robert Miklo
Item: SUB 92.0009. West Park Subdivision, Date: July 2, 1992 , '.
Part One I
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GENERAL INFORMATION: I
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Applicant: K-M ,
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c/o John Moreland
1476 First Ave.
Iowa City, IA 52240
Phone: 351-8811
Requested action: Preliminary subdivision plat approval. }
Purpose: To establish a twenty. three lot residen. ' f~
' tial subdivision.
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.. Location: At the southern end of Teg Drive. ,
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" Size: 9.49 acres. "
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Existing land use and zoning: Vacant; RS.5.
Surrounding land use and zoning: North - Residential; RS-5.
South - Vacant, Agricultural; RS-5.
East - Residantial; RS-5.
West - Willow Creek Park, vacant; P and 'i.
RS-5.
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Comprehensive Plen: Residential 2-8 dwelling units per acre.
Applicable regulations: Subdivision Regulations standards end
specifications, Storm water Manage-
ment Ordinance, and Grading and Ero-
sion Control Ordinance.
File date: June 11, 1992.
45-day Iimitetion period: July 26, 1992.
SPECIAL INFORMATION:
Public utilities: Public weter service will be provided by
a proposed six.inch water line that will
run south along the proposed extension
of Teg Drive,
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A sanitary sewer line is proposed to
connect with the southwest intercep-
tor. which is located near the western
boundary of the subdivision.
Public services:
Police, fire and sanitation services will
be provided by the City.
Transportation:
Access to lots within this subdivision
will be provided by the proposed exten-
sion of Teg Drive to the south and the
proposed Teg Court. Transit service is
provided to this area by the Westwinds
route. The nearest bus stop is located
at the intersection of Teg Drive and
Benton Street.
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Physical characteristics:
The site slopas downward from a high
point on the east to Willow Creek locat-
ed to tha west of the subdivision.
Portions of the proposed exter.3ionof
Teg Drive will be within the 100 year
flood plain.
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BACKGROUND:
The applicant is proposing to create a 23.lot residential subdivision located at the end of Teg
Drive east of Willow Creek Park. The area contained within the subdivision would be split off
from a larger tract currently owned by John and Allegra Dane. The preliminary subdivision
plat shows concept plans for areas of future development to the south of the proposed
subdivision.
ANAL YSIS:
SUBDIVISION DESIGN:
The applicant is proposing to extend Teg Drive from its current terminus to the south. As
shown on the concept plan, Teg Drive may be extended further to the south in the future.
It would then intersect with Aber Avenue. The proposed subdivision would also include Teg
Court, a cul-de-sac which would extend to the east from Teg Drive.
Willow Creek and its associated floodway and floodplain cut diagonally through the western
portion of this area. Given the relationship of the existing terminus of Teg Drive with the
creek, careful subdivision design is necessary to assure vehicular safety on Teg Drive and
adequate storm water drainage, As designed, portions of Teg Drive adjacent to Lots 1. 2 and
23 will be one foot below the 100-year floodplain (this design complies with minimum city
standards). It may not be possible to raise the roadbed any higher without impeding
stormwater drainage. To help assure adequate drainage, a culvert will be installed under Teg
Drive to convey necessary drainage. At times, water may also flow over Teg Drive. This
design will help assure that stormwater will continue to drain away from the lots surrounding
Hafor Circle, located to the north of this subdivision.
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It is necessary to curve Teg Drive to the east from its current terminus to avoid the creek.
When reviewing the original design for this subdivision, staff recommended that this curve be
made more gentle to assure vehicular safety. The applicant has revised the design of the
subdivision to make the curve as gentle as possible given the location of the creek. To help
delineate the roadway when it may be under water, staff recommends that a row of trees be
planted along the west edge of Teg Drive so that motorists do not drive into the creek
channel. This requirement should be noted on the plat and should be addressed in the legal
papers at the time of finel plat review. Although the relationship of Teg Drive to the creek
and the possibility that at times Teg Drive may be under water is not an ideal situation, staff
believes that this is an acceptable design given the circumstances. Staff does, however, have
concerns regarding the design of Teg Court.
As shown on the plat, Teg Court exceeds the maximum 900-foot cul.de.sac length permitted
by the subdivision regulations. The applicant's engineer has indicated that he will be
requesting an exception of the subdivision regulations to allow Teg Court to exceed the 900
foot maximum cul-de-sac length by 60 feet. The subdivision regulations allow the City
Council to grant exceptions provided the proposed exception meets the test provided in
Section 32,7, which specifies that:
(1) Where, in the case of a particular proposed subdivision or plat thereof
it can be shown that strict compliance with the requirements of Article
III of this chapter would result in extraordinary hardship to the
subdivider because of unusual topography, excessive costs, or other
such non-self-inflicted conditions or that these conditions would result
in inhibiting the achievement of the objectives of these regulations, or
(2) Where it can be shown that strict compliance with Article III would
result in poor subdivision design or could result in the substantial
degradation of natural features.
Any action to vary, modify, or waive a requirement must assure that the
public interest is secured and that such variance, modification, or waiver will
not have the effect of nUllifying the intent or purposes of this chapter.
Staff believes that there are alternative designs which would allow the subdivision to comply
with the subdivision regulations. As shown on Exhibit A, extending Teg Court to the south
to intersect with the north-south cul.de-sac shown in future phases of the development,
would eliminate the need for an exception. In staff's opinion, this connection would provide
for better traffic circulation within the subdivision. It would also allow the City to more
efficiently provide public services, inclUding snow removal and solid waste collection.
Because portions of the intersection of Teg Court and Teg Drive fall within the 100 year flood
plain and access to Teg Drive may be cut off by high water, it is not appropriate for Teg Court
to terminate in a cul.de.sac without a secondary means of access. Given the limited number
of lots on Teg Court and the north-south cui.de-sac which staff proposes it be connected to,
we do not believe that the amount of traffic within this loop would detract from the low
density residential character of the development.
STORMWATER MANAGEMENT:
As discussed above, Teg Drive is being designed so that storm water may flow through a
culvert, and at times of high water, may flow over it to Willow Creek. A storm water
management facility is proposed off-site in the southwestern corner of the area labeled for
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future development. Preliminary storm water management calculations must be submitted to
the Public Works Department to allow an assessment of the proposed storm water
management facilities.
As shown on the plat, the slopes of the storm water management basin will be rather steep.
Although, this design meets the City's minimum standards, it may be more appropriate to
design stormwater management facilities in residential areas with a more gentle slope so that
they may serve as amenities for the surrounding development. This would require a larger
facility consuming more land area. The legal papers for the final plat will need to address
easements for this storm water facility.
FUTURE DEVELOPMENT:
Willow Creek runs diagonally through the wastern portion of the area shown for future
developmant. At the time of future development, the City may wish to acquire land adjacent
to the creek for the extension of Willow Creek Park. This would allow Willow Creek Park to
connact with the pedestrian access easemants reserved adjacent to Willow Creek in the West
Side Park subdivision to the south of this property. This should be addressed when the next
phase of development is proposed. As discussed above, if properly designad, the storm water
management facility may serve as an open space amenity.
The area of future development shows the completion of Aber Avenue. This connection will
require the construction of a bridge over Willow Creek. Because this bridge will provida
servica to areas beyond this subdivision, staff will recommend that the City provida for its
construction at the time that the future development area is constructed.
STAFF RECOMMENDATION:
Staff recommends that the preliminary plat of West Park Subdivision, Part One, be deferred.
Upon resolution of tha deficiencies and discrapancies listed below and the resolution of the
design of Teg Court and the stormwater managemant facility, staff recommends that tha plat
be approved.
DEFICIENCIES AND DISCREPANCIES:
1. Preliminary storm water calculations must be submitted.
2. The dimensions of the easements which are located west of Teg Drive should be
shown.
3. An easement should be shown on the sanitery sewer line between Teg Drive end the
existing sanitary sewer line adjacent to Willow Creek.
4. The water lina in Teg Court should be designed to continue to the south between Lots
14 and 15.
ATTACHMENTS:
1. Location Map,
2. Exhibit A.
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ACCOMPANIMENT:
1. Preliminary Plat.
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\92-0009.rm
Approved by:
Monica Moen, Senior Planner
Department of Planning and
Community Development
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RESOLUTiON NO.
RESOLUTION REPEALING THE 1987 POLICIES GOVERNING PARTICIPATION
IN HOUSING ASSISTANCE PROGRAMS ADMINISTERED BY THE IOWA CITY
HOUSING AUTHORITY AND ADOPTING THE POLICY AND PROCEDURE
MANUAL OF THE IOWA CITY HOUSING AUTHORITY.
~
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority and presently has various contracts with the Department of Housing and Urban
Development to administer Housing Assistance Programs; and
WHEREAS, the City Council previously adopted the current policies governing participation,
Resolution No. 87-41, on March 10, 1987; and
WHEREAS, the Federal Regulations have changed requiring revision of those previously
adopted policies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the Policies Governing Participation in Housing Assistance Programs Administered
by the Iowa City Housing Authority are hereby revoked.
2. That the Policy and Procedure Manual of the Iowa City Housing Authority, attached
to this Resolution, is hereby established and adopted.
3. That the City Clerk is hereby authorized and directed to certify appropriate copies of
this resolution, together with any necessary certification as may be required by the
Department of Housing and Urban Development
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this
day of
,1992.
MAYOR
ATTEST:
CITY CLERK
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RESOLUTION NO. 92-221
RESOLUTION REGARDING BID FOR CONTRACT FOR THE CONSTRUCTION
OF LANDFILL SCALE HOUSE PROJECT.
WHEREAS, the Council of the City of Iowa City authorized receipt of bids for the Landfill Scale
House Project on July 29, 1992, and
WHEREAS, one (1) bid was received, and
WHEREAS, this bid exceeded the Architect's estimate by more than 10%, and
WHEREAS, the Engineering Division recommends rejection of the bid.
NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the bid be rejected,
It was moved by Larson and seconded by !;oui Qk
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ASSENT:
x
X
X
X
X
Ambrisco
Courtney
Horowitz
Kubby
Larson
x McDonald
Novick
x
Passed and approved this
day of August
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App~ved by
,
.1992.
4th
ATTEST: ~A~) J<, .,(fAA~
CIT CLERK
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ADVERTISEMENT FOR BIDS
IOWA CITY LANDFILL SCALEHOUSE PROJECT
Sealed propolall will be received by the City Clerk of the
City of Iowa City, Iowa, until 10:30 A.M, on the 29th dey of Ju~,
1992, and shell be recaived In the Clly Clerk's office no later
than said date and time, Sealed proposals will be opened
immediately thereafter by the City Engineer. Bids submitted by
fax machine shall not be deemed a 'sealed bid' for purposes of
this Project. Proposals will be acted upon liy the City Council
at a meeting to be held In the Council Chambers,at 7:30 P.M,
on August 4, 1992, or al such later time and place as may then
be scheduled,
The Project will Involve Ihe following:
Construction of a new 12'x20' scalehouse althe Iowa
Clly Landfill.
All work Is to be done in strict compliance wllh the plans and
specifications prepared by Jemes L Schoenfelder, City Archllect
of Iowa City, Iowa, which have heretofore been Ilpproved by the
Cily 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
Cily, and must be accompanied In aaeeled envelope, separate
from the one containing the proposal, by either of the following
forms of bid security: (I) a certified or cashle~a check drawn on
a solvent Iowa bank or a bank chartered under the laws of the
Unlled States or a certllled share dreft draWn on a credit union
In Iowa or chartered under the laws of the Unlled States, In an
amount equal to 10% of the bid, or (2) a bid bond executed by
a corporation authorized to contract as a surely In the State of
Iowa, In the sum of 10% of the bid, ' The bid security shall be
made payeble to the TREASURER OF THE CITY OF IOWA
CITY, IOWA, and shall be forleited to the Clly of Iowa City In
the event the successful bidder falls to enter, Into a contract
within ten (10) calendar days end post bond satisfactory to the
Cily Insuring the fallhful perlormance of the contrect and malnte.
nance of said Project, II required, pursuant to the provisions of
this notice and the other conlract documents. Checks of the
lowest two or more bidders may be retained for a period of not
to exceed ftlleen (15) calendar days until a contract Is awarded,
or until rejection Is made. Ofher checks or bid bonds will be
returned after the canvass and tabulation of bids Is completed
and reported to the Clly Council, '
The succassful bidder will be required to furnish a bond In an
amount equal to one hundred percent (100%) of the contract
prlco, said bond to be Issued by a responsible surety approved
by the Cily Council, and shall guarantee the prompt payment of
all materials and labor, and also protect and savo harmloss tho.
Clly from all claims and damagos of any kind causod dlloctly or
Indlrect~ by tho oporatlon of tho contract, and shall also
guarantoo tho malntonanco of tho Improvomont for a porlod of
ono (1) yoar tram and aftor ils comploilon and formal accop'
lanco by tho Clly.
Tho fOllowing IImllatlons shall apply to this proJoct:
Working Days: 60 '
Complotion Dato: Octobor 30, 1992
Llquklatod Damagos: $0 por day
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Tha plans, spociflcatlons and prcposod contract documanla
may ba oxamlnod at tha office of tha City Clark. Coplos of said
plsns snd spocifJcatlons and fonn 01 proposal blanks may bo
socurlld at tha OIfico of Richard A Fossa, P.E., City Englnsor
of Iowa City, lows, by bona lido bl;fdsrs,
A $25 non.rsfundablo fee Is required for each sst of plans
and specfflcatlons provldod to blddors or other Interostod
persons, Tho fee shall be In tho fonn of a chack, mado payable
to tho City of Iowa City, Iowa,
Prospsctiva bidders a/9 advised Ihat the City 01 Iowa City
desires 10 employ minority contrsctors and subcontractors on
City projscts.
Biddsrs shall list on the Form 01 Proposal the names of
persons, finns, companies or o1her parties wllh whom the bidder
Intends to subcontract. This list shall Include the type of work
and approximate subcontract amount(s). '
The Contractor awarded the Contract shallsubmll a list on the
Fonn of Contract 01 ths Propossd subcontractors, togethsr wllh
quantllles, unll prices and extended dollar amounts. II no
minority buslnsss enterprises (MBE) are utlllzsd, the Contractor
shall furnish documsntalion of all reasonabla, good fallh efforts
to rocrull MBE's,
A listing of minority contractors is available at the City, and
can be obtalnsd from the Civil Rights Specialist at the Iowa City
Civic Center by calling 319/356-5022.
By virtue of statuto/'( authority, preferenea will be given to
products and provisions grown and coal producsd wllhin the
State of Iowa, and to Iowa domestic labor, to the extent lawfully
requlrsd under Iowa Statutes. The Iowa Roclprocal Prelerenes
Act, Section 23,21, Code a! Iowa (1991), applies tothe contract
with respect to bidders who are nollowa residents.
The City reserves the right to rej9ct any or ~I! propssa:', alid
also rccslVSS th. lighllo waive technicalities and Irregularities,
Published upon order of the Clly Council of Iowa City, Iowa,
, MARIAN K. KARR, CITY CLERK
AF.2
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RESOLUTION NO. 91::.ill
RESOLUTION NAMING A STREET JEMA COURT
WHEREAS, a street in Willow Creek Subdivision was named Willow Creek Court;
and
WHEREAS, it has been determined that a street by that name already exists; and
WHEREAS, it has been requested that Willow Creek Court of Willow Creek
Subdivision be renamed Jema Court,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said street be named Jema Court.
It was moved by Larson and seconded by Ambrisco that
the resolution as read be adopted, and upon roll call there were:
AYES.:.
~
ABRRWf'
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..x-.
Ambrisco
Courtney
Horowitz
Kubby
, Larson
~ McDonald
Novick
..x-.
Passed and approved this -WL day of Augus t
, 1992.
A'l'.rEST:71~.J t'. .,f{w
CITY CLERK
~-
MAYOR
APPROVED AS TO FORM
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MICROGRAPHICS DIVISION
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RESOLUTION NO. 22::W
RESOLUTION NAMING A STREET JEMA COURT
WHEREAS, a street in Willow Creek Subdivision was named Willow Creek Court;
and
WHEREAS, it has been determined that a street by that name already exists; and
WHEREAS, it has been requested that Willow Creek Court of Willow Creek
Subdivision be renamed Jema Court,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that
said street be named Jema Court.
It was moved by Larson ,. and aAcondAd by Ambrisco that
the l'eeolution as read be adopted, and upon roll call there were:
AYES.:.
NAYa:.
ABSENT:
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Ambrisco
Courtney
Horowitz
Kubby
, Larson
~ McDonald
Novick
ll_
Passed and approved this J.t.!L day of August
, 1992.
ATrEST:71~J f. ~
CITY CLERK
~
MAYOR
APPROVED AS TO FORM
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RESOLUTION NO. 92-223
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RESOLUTION APPROVING AN AGREEMENT WITH THE UNIVERSITY OF IOWA
FOR USE OF THE MARKET STREET RIGHT.OF-WA Y IN CONJUNCTION WITH
THE NORTH CAPITOL STREET PATHWAY PROJECT.
WHEREAS, the City of Iowa City has a right-of-wey easement on Market Street in Original
Town for public use, including pedestrian, vehicular, and other forms of public travel; and
WHEREAS, the University desires to construct streetscape amenities on the Market Street
right-of-way adjacent to vacated Capitol Street; and
WHEREAS, the Department of Public Works has approved the location of the streetscape
amenities on the Market Street right-of-way; and
WHEREAS, the City agrees to allow use of the Market Street right-of-way for said purpose;
and
WHEREAS, the University acknowledges both the public's and the City's needs, and has
agreed to enter into a separate agreement for use of the Market Street right-of-way attached
hereto. -
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, as follows:
, . The agreement attached hereto for use of public property is approved as to form and
content.
2. The Mayor and City Clerk are hereby authorized to execute said agreement o~ behalf
of the City of Iowa City; and to direct the City Clerk to record the agreement in the
Johnson County Recorder's Office,
It was moved by Larson and seconded by Novick
and upon roll call there were:
the Resolution be adopted,
AYES: NAYS:
ABSENT:
..lL-
--X-
--X-
X
X
Ambrisco
Courtney
Horowitz
Kubby
Larson
X McDonald
Novick
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Passed and approved this 4th
d'Y~'I9"
MAYOR
APpr~ved bY. iJ
ATTEST:J1~dA.) /I.~) 'jJ. --<4-
CITY CLERK ~ttorney' Office
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AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY
THIS AGREEMENT is made by and between the University of Iowa ("University") and the City
of Iowa City, Iowa, a municipal corporation ("City").
WHEREAS, the City of Iowa City has a right-of-way easement on Market Street in Original
Town for public use, including pedestrian, vehicular, and other forms of public travel; and
WHEREAS, the University desires to construct streetscape amenities on the Market Street
right-of-way adjacent to vacated Capitol Street; and
WHEREAS, the Department of Public Works has approved the location of the streetscape
amenities on the Market Street right-of-way; and
WHEREAS, the proposed streetscape amenities will be available to the public at large, as well
as the University; and
WHEREAS, the City finds it in the public interest to allow use of ihe Market Street right-or.
way for said purpose, subject to the terms and conditions stated herein.
NOW, THEREFORE, in consideration of the mutual promises set forth below, it is agreed as
follows:
1. University shall be allowed to install and maintain streetscape amenities on the Market
Street right.of-way abutting Capitol Street as shown on the attached drawing,
2. University agrees that the amenities shall be located with a minimum of two (2) foot
clearance from the back of curb of Market Street extended.
3. University agrees to construct the amenities in a manner acceptable to the City, and
to maintain same in good repair so as to preserve aesthetic appeal.
4. University agrees to remove the existing north/south approach walks to encourage a
single north/south pedestrian crossing at Capitol Street so as to minimize pedestrian/
vehicle conflicts.
5. In the event the streetscape amenities are ever replaced or modified for any reason,
University agrees to replace or modify subject to the approval of the City Public Works
Department.
6. Parties agree thatthis agreement satisfies Article 6 of the "Agreement in Consideration
of Vacation of Public Ways, Original Town" previously executed and recorded in the
Johnson County Recorder's Office,
7. The University further agrees to indemnify, defend and hold the City harmless against
any and all claims arising out of this Agreement, including any claims and/or liability
which the City may incur as a rasult of this Agreement. to the full extent permitted by
Chapter 25A, Code of Iowa (1991) entitled "Tort Claims," and according to the
procedures set forth under Iowa law.
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8.
The Parties agree the benefits and burdens of this Agreement shall inure to and bind
all successors and assigns in interest, and shall be deemed a covenant running with
the land and with the title to the land.
9. In the event of default or breach of this Agreement, the parties may, at their discretion
and after good faith effort to resolve the default or breach, avail themselves of all
available remedies at law or equity, including injunctive relief. In the event either Party
seeks court action to enforce this Agreement, the University and the City mutually
agree to pay all costs of enforcement or legal action of the enforcing party, including
court costs and attorney fees.
10. In the event any portion of this Agreement is found invalid by a court of law or equity,
the remainder of the Agreement shall be deemed severable, and the remainder shall
continue in full force and effect.
Dated this "-I-f~
day of All (QC.f~
,1992.
UNIVERSITY OF IO~
;/'h~4~~~
By:r~ ,,-/~,
Mic . Finneg~
Un versity Business Manager
Att.." ~ ~~
D6ug as M. oung
Secretary
By:
Darrel G. Courtney
Mayor
Attest: ?k~~ f. .Jd,~
Marian K. Karr
City Clerk
Approved by
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CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY)
On this 57U day of J\~",,-l- , 1992, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Darrel G. Courtney and Marian K.
Karr, to me personally known, and, who, being by me duly sworn, did say that they ere the
Meyor 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. '12.- ZZ3 passed (the Resolution adopted) by the City Council, under
Roll Call No. ~ of the City Council on the .l.f WL day of Qu"...~ ,
1992, and that Darrel G. Courtney and Marian K. Karr aCknowledged the e ecution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
~~IlIl~~
Notary Public in and for the State of Iowa
UNIVERSITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY)
On this 18th day of ~ ' 1992, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Michael J, Fmnegan and Douglas M.
Young, to me personally known, who, being duly,)J:;9!!1..by.m.~,~~ Rp:j, !bat they are the
University Business Manager and Secretary of the.g~respmiVetY.that they have
authority to act and are acting on behalf of the University of Iowa, as provided by CooU.-
~ J2owz, , and that as such these persons did execute the foregoing instrument as
the voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa
Board of Regents.
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Notary Public in and for the State of Iowa
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AGREEMENT fOR USE Of PUBLIC RIGHT-Of-WAY
THIS AGREEMENT is made by and between the University of Iowa ("University") and the City
of Iowa City, Iowa, a municipal corporation ("City"). '
WHEREAS, the City of Iowa City has a right-ol-way easement on Marke treet in Original
Town for public use, including pedestrian, vehicular, and other forms 0 public travel; and
WHEREAS, the University de ' es to construct streetscape ameniti s on the Market Street
right-of-way adjacent to vacate Capitol Street; and
WHEREAS, the Department of Pu ic Works has approved e location of the streetscape
amenities on the Market Street right of-way; and
treet right-of-way for said purpose,
NOW, THEREfORE, in consideration of th mut I promises set forth below, it is agreed as
follows:
1. University shall be allowed to install n maintain streetscape amenities on the Market
Street right-of-way abutting Capi I Str et as per the attached drawing.
2.
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3. University agrees to con ruct the amenities i a manner acceptable to the City and to
maintain same in good epair so 3S to praserv aesthetic appeal.
4.
University agrees t remove the existing north/s uth approach walks to encourage a
single north/south edestrian crossing at Capitol treet so as to minimize pedestrian/
vehicle conflicts
5,
In the event e streetscape amenities are ever rep ced or modified for any reason,
University ~ rees to replace or modify subject to tn approve I of the Public Works
Departm~f.
Parties gree that this agreement satisfies Article 6 of the greement in Consideration
01 Va tion of Public Ways, Original Town,"
6.
7,
Th niversity further agrees to indemnify, defend and hold t City harmless against
a and all claims arising out of this Agreement, including any ~aims and/or liability
hich the City may incur as a result of its decision to vacate said public way, to the
ull extent permitted by Chapter 25A, Code of Iowa (1991) entitled "Tort Claims," and
according to the procedures set forth under Iowa law.
8.
The Parties agree the benefits and burdens of this Agreement shall inure to and bind
all successors and assigns in interest, and shall be deemed a covanant running with
the land and with the title to the land,
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9. In the event of default or breach of this Agreement, the parties m~, at their discretion
and after good faith effort to resolve the default or breach, a ail themselves of all
available remedies at law or equity, including injunctive relief. I the event either Party
seeks court action to enforce this Agreement, the Universi and the City mutually
agree to pay all costs of enforcement or legal action of the nforcing party, including
court costs and attorney fees,
10, In the event any port n of this Agreement is found inv. lid by a court of law or equity,
the remainder of the greement shall be deemed s erable, and the remainder shall
continue in full force a effect.
Dated this
,1992,
CITY OF IOWA CITY, IOWA
UNIVERSITY OF IOWA
By:
Darrel G. Courtney
Mayor
By:
Michael J. Finnegan
University Business Manager
Attest:
Marian K. Karr
City Clerk
Approved by
City Attorney's Office
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CITY'S ACKNOWLEDGEMENT
DRAFT
STATE OF IOWA )
) SS:
JOHNSON COUNTY)
On this day of , 1992, before me, the aersigned, a Notary
Public in and for the State 0 Iowa, personally appeared Darrel G. urtney and Marian K.
Karr, to me personally kno n, and, who, being by me duly sworn, id say that they are the
Mayor and City Clerk, respe tively, of the City of Iowa City, Iowa' hat the seal affixed to the
foregoing instrument is the orporate seal of the corporation, nd that the instrument was
signed and sealed on behalf f the corporation, by authority its City Council, as contained
in Resolution No. passed (the Resolution ad ted) by the City Council, under
Roll Call No. of the ity Council on the day of ,
1992, and that Darrel G. Court ey and Marian K, Karr cknowledged the execution of the
instrument to be their voluntar act and deed an the voluntary act and deed of the
corporation, by it voluntarily exec ted.
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'- taiY Pubiic in and for the State of Iowa
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STATE OF IOWA )
) SS:
JOHNSON COUNTY)
On this day 0 ,199 before me, the undersigned, a Notary
Public in and for the Sta of Iowa, personally appear Michael J, Finnegan and Douglas M,
Young, to me personal known, who, being duly sw rn by me, did say that they are the
University Business M nager and Secretary ofthe Busin s Office respectively, thatthey have
authority to act and re acting on behalf of the Universi y of Iowa, as provided by
, and that as such these persons did e ecute the foregoing instrument as
d deed of the University of Iowa, for d on behalf of the State of Iowa
Notary Public in and for the State of Iowa
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CORPORATION
TARGET SERIES NT-8
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RESOLUTION NO.
Ji/J!
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RESOLUTION AUTHORIZING STAFF TO PROCEED WITH ACQUISITION OF
PROPERTY FOR A COLLECTOR STREET BETWEEN ROCHESTER AVENUE AND
HICKORY TRAIL.
WHEREAS, the City provides public streets for the safe. orderly movement of traffic within
the city. and
WHEREAS, a collector street is needed between Rochester Avenue and Hickory Trail to
provide an adequate street system in northeast Iowa City, and
WHEREAS, several illternatives alignments have been evaluated and a preferred alignment has
been selected by the City Council. and
WHEREAS, this preferred alignment involves property which is not likely to be acquired in
conjunction with private development,' thereby necessitating the City's involvement. and
WHEREAS, acquisition of the preferred alignment will facilitate eventual construction of the
collector street in conjunction with the private development process.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
1. That City staff is directed to enter into negotiations to acquire property for the
extension of a collector street between Rochester Avenue and Hickory Trail, according
to the preferred alignment agreed to by the City Council.
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
Passed and approved this
day of
,1992.
MAYOR
ATTEST: mOA;A-uJ r ~
C~CLERK
Approved y
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RESOLUTION NO. 92-224
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST A LEASE OF CITY OWNED PROPERTY AT 404
E. COLLEGE STREET PURSUANT TO WHICH LEASE H&H PROPERTIES WILL
LEASE SAID PROPERTY FOR A TERM OF FOUR MONTHS.
WHEREAS, the City Council did. pursuant to resolution #86-229, adopt and approve on the
15th day of July, 1986. the lease of the property at 404 E. College Street, commonly known
as the Union Bus Depot. to Bobby J. and Karen K. Rorex for an initial term of two years, with
three two-year renewal options, and
WHEREAS, the City has terminated said lease for just cause, and
WHEREAS, H&H Properties, an Iowa partnership, has expressed interest in assuming operation
of said property for continued use as a bus depot, taxicab dispatch office. and Western Union
office, and
WHEREAS, Acting City Manager has preliminarily executed a lease agreement for this
property. and
WHEREAS, the City Council deems it in the best interest of the City of Iowa City to lease said
property to H&H Proparties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY OF IOWA CITY,
IOWA, THAT the Lease-Business Property attached hereto and made a part hereof is hereby
approved as to form and content.
"1
BE IT FURTHER RESOLVED THAT the Mayor is hereby authorized to sign. and the City Clerk
to attest, said Lease-Business Property.
It was moved by Kubbv and seconded by !IorOl~itz
adopted, end upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
-X-
Ambrisco
Courtney
Horowitz
Kubby
Larson
x McDonald
Novick
x
-r-
...x.-
...x.-
--X-
Passed and approved this 4th
day of August , 1992.
4/1Zi
Approved by
ATTEST: ?!J.I.W~ ~ e/du/
CIT CLERK .
1(, 7~
__~__h
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II
IOWASTmUAASSOCIAnOH FORTlll!UOALfFFECTOFTllEUU
OlIIclalFonnHo.I" OFllllSfORM,CONSULTYOURLAWYEA
t LEASE-BUSINESS PROPERTY
THIS LEAse AGREEMENT, executed In dupllcale. made and entered Into thIs 30th day of
JulY 19-2Z-. by and between tht! City of Inw~ r.ity. Towa, 11 mllnirip.:ll
cOfooratton
whose address lor the purpose 01 this teese Is
(herolnafter called the "Landlord")
Civic Center. 410 East Washinaton St.. Iowa City,
,-...,-, "'"
lowilo
,~,
52240
~-,
and H & H Propprtip( an lowa.Partnershio.
P. O. Rn~ 154R. Iowil. City. Iowa 52244
whose address lor the purpose 01 this 108S8 Is
(hereinafter caned the "Tenant")
404 East Colleae Street. Iowa Citv
,-....- ~
Iowa
,,.,
m40
~-,
WITNESSETH THAT:
1, PPEMISES AND TERM. The Landlord. In COl\S.defBllOO DIllie rMIIS Iler&in reservtd and oIlhe agreements and COOOiIxlns t1ereln
c:ontainlcl,onttlelW!oIIheTenanlllJbek&Plandperlonned,le.ueslII\lolheTenanlandTenanlherebylenlSandlemslromUncUOl'd.
accordir\l.l:Olllelllrmsanc!ptO\'ISionslleAn.ItMIDlIowlIlQdtt<<lbedrtalulltl,sltualedln .Inhnc:nn
County. bwe. 1oWl1: .
The south 70 feet of lot 5 in Block 43. and the south 70 feet of the west
10 feet of lot 6 In Block 43 In Iowa City, Johnson County, Iowa, according
to the recorded plat thereof
I
"
Wllhtll8~nlSlheftonandalrighlS..uel1\8f'llSand~lhelelObekln!PI\I...tl:G.~~::lCl"l'8n'r.lllarty.irdude.lhO~
and prltllliMs aJ maybe showf'I oo'Ex!libil A. 'II and as IIII)'be .lIIehtdherolO, 'lr' lormol..Lma.nths,.... commarK:lnglt midnight
oIl1led'nroviOu.lolhernldayolIlloIoQSllllml,\II1IicI\Shalbeonl/ll st day 01 AU9lJ5t 11..9Land
endlngl1mldnlohlOOlhela51davollheloas.elorm.'IIflichShalbeonltll 30th dayof Nnvpmbpr llLupon
lIMc:ondiIionlllllllhaTel'\ltllpaYSflntl/lof.!or.ardOlhllfWtSepor1ormsaslnlNlIo8SllproviclGd.
2, AENTAL TOlIM1.grees 10 pay 10 \.MdIotd II flntlllOf Slid term, .,'ollow,:' 633,59
pol' month, In adv.I'\Ct, ttM flr.t!"lnt plYlrllnt becomIng dUOllpon
Strike l~xu:~CIUW.'tlIJI)(r:IU.>>K
"" Ib'....l!:L"Y~ Auoust 1I..2.L,
and lhIS1m..molln~pI'monlh,lnldv~,on\hO_dayoloac:hmonlhlllol't.llor,dllr1nglhotarrnollhl.leaw,
In-olld~oIht-obI~,'''II-kIlIl'llIiloll..IIt'III:
AI! 1lIm. Shell be (lIId II lhI addtllSl 01 Lancllo<<l,1I a!lov, dOl.9natod,OI 11 luchOlllOfplGCeIn Iowa, 01 OISIWllere, II IIle landbt d
may. from bm.lO 11m&,pr.YlOUslylUlllgnale IrlWllllng
Otl4nqu.n'paymenlSShaMdrawin"r"'alUL%pal.nrwnlrornlheduOdal.,un'~p4IC1.
3, POSSESSION, Tonanl SI\llU be.n\llIod 10 posMssion on the I1r1I dayollhe lorm oIlh1slcase, aOO Shal yield poueuion 10 thelJllldlold
allllebmeanddal.oflhflt'",seollhl.leaMlollll,'ICOptuh&r''''OllloI\lrIWIXprO$sIyproVldod,ShouIdl.lndlOrdbtun.blfloglYl
po..'ulononllldd.....Tonanl'.ontydam.gtlllllllbt.rtblUngolttMpnlratlrtnltr,
4. USE OF PAEMISES. Tetlanl COVIM/lII and ll\lrtfl dlllVlg !hi 101lll 01 lhil IOUf 10 USlIlInd III OCl:tIIl1lh1lD.ued pr.miSllI only 10i'
a bus deDot, taxicab d1sDatch office, and Wll~tllrn Union nfficp,
,FOfI01trct.ionson 1OCh1lSll. 110 paregraphs6 (cl. 6 (d).nd 11 (b) below,
5,CUIETEHJCYMEHT.LandloIdCOlWen&nlJltlali1snlll4l1'1uidpr.mIMII, fill! ~implp
aOOlllal1hO TonanlO1lpaYlIIQlIIOfDnltlOre.nfDsoNWaOOPOI1Otn1lllQlIllIleDgIOOmenlllJylhl TeMnllo be POr10rm0d as prOVlOldlll ll1li
leaM, IIlIA .00 may pe.ceably lIavo, IlOlCI ano enjOy 1110 llIml~ prOJlll$01 1011110 lorm ot tllllloase Iroe 'rorn moInlllon. tvlCton 01
dlS1urllancetlyIheLanlllorcorIl\yOlherporIOo'\IOIltgalonllty'tl1llllOllvar,(Oul~par.glaphl.,DOlOw.1
landlord, ShiM hlvllhe nollllo mortgage II ollIs ugnl, Mill, anlllltll'1 WI promlles al any ~mo W1lhoi11 nollCO, IUbjocI \0 II\lI Illast
II. CAR! AND I.IAIHTtHAHCE OF PREMISES, fal TtnaIll tak.. Slid pr.ml...ln IIMI, priM tondlUon lleep! tor audll~l1.nd
IIrtrlbonlUmay be 'xpI'UIy1lOl0\llpItIY'(loll
'Vo'M"'~
n........~1..
II4UA11.-~JlF'fIOHRTY
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'01 L.\NDlORO'SOUTYOFCA~'''O"A!HT'NIoIlC',''''_''lWt~''''''''~''''''''~
~XdOOtJ1Wj~U:~XiltU and lor snaIl nave no responslbil1ty to repair the structural
portfons of the build no rlur no the term of this lease.
Ie) TENAtfl"S DUTY OF CARE Af'm IiAINTENMicE. fenant ,na~. aIler lakmg P<lWll5lOn 01 said ~letnlS&S and \U\1lI!he ~ermmalon
oll!'rt1leasa and lhe oKtual removal Irom the premtSes. al ,Is 01tfl erpensa. care rOf and maln~aln salll cremlsas III 01 reasonably safe and
seMCtable ClXICllliOn. elceptlor structural pails of:ne lIU'lcIkt1lJ. Tenanl"", furniSh lIS OWn Inlenor Mld ellene. oecola~lI!l. TenanlMil nol
:l&rm~ 01 allow satj prell'l$fS ICl be C1amagoo CII delll~ated tn vl1lue by al'rf act 01 negllgente 01 the Tenant. Its tl9~IS 01 emllklye", W,lllout
'Imlbng lhII generality or lhII fCII~, Tenlnt will m.k. ntc..llry rtpllt1ICllht sew.r, Ih. plumbing, UIa WII., pip.. .nd "tclJical
wlrin\l.el~tasloIlows:
None
afl(JTlm1I\taqleeSlOkHpraucetsclosed50a510IllfVGtllwasteolwalelatldrloo4lngOlPlelTllseS:10prompllylake care 01 any lIalage 01
stOQpaqe III any 01 the \/jal.r, \las or wasle pipeS. The hnant .gtte, to ma/nll/n adoqlllle !llIllo pttv.nlltttzlnll 01 plpu,lland only
IltheOlhttl.rm.olthl.,....n.r..pon.lblUtyIOtlltaunguponlh.T.n.nL Tan.tnt at ItS own elpense may ItISIDUlIOGreovenng anc
lI'ln mamtltn luchlloor COVIMq In good CllfIOIbon. Tenanl Wlltbl rtlponliblt lor the plait IIln.ln I/lII wlndQW1 01 ttIe lused prtmlM.
and fo, maintaIning the parllrng .rt.. drivlwlYland tllltw.lk. on and IbllltlnlllhlluMd prtml..., II 11M luled prem/...lnellllll
UIallroundlloor..ndtlth.ol1Mlr l.rm. 01 th/. IllS' Incllld"pt1mllu IOdltcribld. Tlnanltlllllmak.notlNClllflfatt.rtUon,or
Improv.mtnta witnoull/lll wntl,n .pptoval olth. L&ndlOtd Ilttll\ld Ind obtalnld, olthl planland 'PlClfk.Uontlh,r.lor,
(ell TenanlWlllmalleoounlaMul uyol sa.d premiSeS andagrleS to COlnIlIYWlth ahaJdregu1atlOnsollhlBoatllolHeallh. CllyQrdinar.ces
OIapPllC3l)lemunlClpaloty,l/ltraW!OlIheSlateollowaalldlh~FederalgovernmenlMIhiSprOVlSlO/lV1allnoIDlconstrlJe<I as ereaDr.g any
durytry TenanltClmemtlersol the qeneral P\Jbhe. II TerlJnl. bylhetenn'oIlhis'easeis tenrng prem,suonlhegtOlJl'(llloot.II\VIllnotaIbW
IraShor any kind 10 aa:umulate 011 Sllld ptef!llSlS in Ihe ha"s. Ir any. Ot the aJI$'f OIya rdinfronl.Sllleorraatl/'leflOf. ancl~\\'IlIremovesame
!rom the premISeS a~lts own expense. Te""nl also agrees 10 remo~e SflOW and oCe and ottler obstacles 110m d1e SlllewilJ~ on 01 allU"mglhl
premoses.,lprt/lllSftS1nclude!llelllOUncllloor.JndllthISleasemBYbel4lttyconSltuedlOlmposeSUCllflal)JltyonlheTenant
7. (a) unUTlES AND SERVICES. Tenanl. dlItll19lt1t term or \his lease. '!\aH ~ay. before d~lJ8ncy. all Chalges lor use 01 leleptlorle.
warer, S"'"t. gas. heal. (llhestktllJ IS TenanfSIGsPOnSlbl~ry), eleCloory. pow". allCotlOllIonilll]lll allcondlllMlfl9lS the TGtlanrsIGsponS'lliilYl.
garbage dlsposal.lrasll diS90saJ and Nlllimltod try the roregomg all Olhel u~~tles ard servats 01 \/jhatev" ktllO and ""lute whICh may be
USf<!lIlCII UIlOl\ the demise<l premises.
lb) AIR CONDITlONING eqwpmenl shaJl blt furniShed al the I~pel\$ll 01
theslpenseol Tenant
llanalOrllCIITenanll
(el JANITOR SERVICE snail blt IU/l'Ilsluxl altlla e~pel'lse or
Tenant
ILanololdOtTenanll
andmalnllnancllhlr~al
T~m~nt
(LancllCIIdorTen.antl
Tenant
(LanolordOtTenanll
9. lal SURRENDER OF PREMISES AT END OF TERM-REMOVAL OF FIXTURES. Tenant egrees !hat upen l/Ie ~am'lll\abon 01 lI\is
luse. It wrII wnendar. Y\llkl up and deliver trIe leased premises III QOOd and CleancondlbOfl. e1captth$ellect.s 01 or llmarywearand!eatard
1lI\ltetlllllOnanStlglrorillaj)seolllf\'l(l.Clldama98l1'llhoullaUllOl6abdityoIT&rIll/lI.ISeeaIso11Ielancllllelbelawl
(dl HEATlNQ shaU be !unu!ohad at the eJpense or
(bl TGl\ant may,al the elplraliCln 01 the lerm oflllis lease. Of IGnewal or lenewals lhareor or ataraaSOfl8ble,timethe(aa.~er.IITenantis
nol in delauR he/eunder. remove any Muras 01 equlpmelll whiCh $lid Tenanl /lu flStl~ed in the 1e&Sl(\ pt'IITIlSlS. llIOVldilll] said Tenanl
repairs any Indell damages caused by removal. . .
Ie} HOLDING OVER. Conbnued possessOn. beyond the'expilatory clalO 01 the lenn ollhis leue. try the Tenan~ coupled with the teceipt
O(lhespeoflGdrenlalbylhetandlotdlDNIabStnlawnnanagreemenlbylXllhpart~slOfllllutenslOI'\ 01 lhlS lease. or fOl a new lea$81 Sham
COI\Sblule e month to monlh tltelUllln oIl11lS lease.
9. ASSIGNMENT ANDSUBLETT1Na.A'blUM~~I(lQ.\lWUViAHlUtKdC<<Wl<<~.lX~':nQ(*1UkKiI1tlIl
LjI((II~lIM.Itm~t:llIllIUl~K>>J:~llctl(otllml**lll(l(~lIM):foxWN:tMIOIIltj(oIll~t11I:fe.llllm:~~_
~""'i""""~"""""_'~"l'''''''_m This lease and tenants' rights to the
property shall not be assignable or subject to sublease without the prior wrftten
consent of the landlord.
10, 1..1,1,L1. r.!.'\!.. !!STfIT'l TI'tVE'~ ~'~e;::s X3t' 00 ;~oll:"l',~ :~"~i ~w,'~.i Ithj V<ilol\i'~l Hi. ..~""" fJlli>>ormu LI lli..I~:
MlOfllVibYlreasonablypresaMfllll.andlota'tnghlSolappeaJlagllJ~SlsalllreIIProptrtySharrbeDmelypalCltryll\epl/llaSillthelOlIow!f'9
proPOrtIOI11:tryLendIotd....JO.lL~:byTenBnl~~.
Ib) Iner....ln 5ucll thes,exC8pt as 111 Iheneltpar8gllphpfovllltd..JbovetheamountP<tlCldUn"9th,caslyeatOI_ib.1se
yearllandasmaYbedehnoolnll\lspalagraphIShallbepa.dtryLandlota.~~;tryTenant..:.!!:.-"'. .
lei lnerGase III ,ucllll\ln eausoo by Improvemtnl. 01 Tenanl sh3ll be pa~ by LandlOrd ....:0:.-..: by Tenanl-NL....
(d) PERSONAL PROPERTY TAKES. Tenant agreas 10 llmely pa~ a~ lales. a!Sauments or othel public tIlarU8S levied OIas5asstd try
laVl1ulaull1ontylbYlreasonablyllleuMngTenant'Sf1!lhtsOl4jlprlal)auaI/lSliUperSOfllllproperryontheptelTllsos.duM9thelermollhlslease.
(II SPECIAL AS5ESSMEllTS. SP<<1I1 3Slessments shaU be ~mely paid bylho parties In tha lOlloWl"ll pIOl)Of1lllns: try Ihe Lanclotd
100-'10. by Iho Tenant-&-",
It. INSURANCE. 1.11 l.JnaJora.1na Tenanl 11I,11 eaCh 'eepllS rn~<<llVe~ropenytnle/esls I/llhO prorl1ilel al\OltsllaD<Iit(lllrag~ratheleto
and the pelsonalpfopelty Of\lhepremISls./usonaClVI/lIUreaagaII'lSlhalarllSandeasoaltles: IhalIS. lore ana lI'ooseltomlllSU~tfycovertd
by extended COV1Iraga; .Jlla Tenanl \/jIU procure aM dOWGI rCllhl LafldlOrd D ctJtllocetlOn rlOnlthe re'~eclNe IIIsur~JlCO ~Ofll~anl\ll tClthal
Olltel. Such IIlsurance aholl be made paYDlll, tCltho ~artles hereto as lhell Interesls fIIav appoar. Glee~tlhallhe Tenanrs shale of such
,",urane, proceedS are he/oby aSS'lIIl&d and made payablo rClthe landlotel 10 socure renl crOlhol oD~lIallOllS lhen oue and OWIng Landklrd
byTenanI.ISHal",'lIeIOOlowI
Ib) Tenanl W1U nOI dO 0/ Ol1lillhO 1101/10 01 an~ ~ellllniCh would vlhate any illlUraJlCe, or InCreaso tho In,u/I/lCe r3tes lI'I lorce opon the
reale5lalllmlllo~amenls on lhe ptemlSGS or upon any personal propettyoltho Ten~nlupen 11I11(11 the LaWlord by 13W 01 by I/le tDrms 01 this
lelse. lias OIlhalt have a ~en
Ie) SubrClgllfon right. Ittnol 10 bt wllvtd IInle... 'PlCr., pto~lllon It attached tCl lh,.,e....
(d) Tenanl rorthGlllllreu 10 comply wllh rlCOmmendallOlls 01 Iowa Insurance SaNlCo DUIIIU and 10 be liable ror and ICl prom~tly pay. IS
"currenlllf\lal.anYIf\Cl'llIsel/llf\surancaratesonsalllptomlsesandontheblllld~OI IIIhlCh IlIlCIprolTllSU are a pan, due 10lnclaasod
nSklorhtll1ldSrelllltlng Irom TenanrlUSlOlthopremlSlSOthef"\\'lsethanUhDrel nconlornplatedandllgreoo.
(elINSURANCE PROCEEDS. LanaloldshaU SI!lID al\Cladlu11 anycta1m elaI/lSlanYl/ljurancecom~anyuncl,lrl" sal(j.~iCiIlO!insura/ICll
rOllhll ptoousas. ar.cl salClllUUW.I;lf monllS U1ell be palll 10 iXtI~tlflJlhe anclOrd WlUIMM.t,Il'ltoIlto'lIMWIqIUltXltlXlIIWl
ct.~.XM~g;m1~,-;Cllk\Q\O,'I..(l(KlI~n~:i.or.oom~~~~
121
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IOWAS1ATlBAR"5SOC1&JIO/f
OIl\eleI'OllllHo.IUA
~OR TIlE UlW. unCT ~ nil! US(
OfOO'ORW,COIIWLTYOURUWYEA
12. INDENnITY AND UABtUTY INSURANCE. W~M(~.lhOWItit:Uh~IX1'UIIII;):1lI.l:I(~X~XlWOl
~t.IID\l. Tenant win ptOlect. ,naelMlly and sa~e lIann~eu the LanalorO rrom alll! alpillSI any Ui(l all !cu. .:oslS. 03amage all(! e.~nses
ocaSlOlltdby,oran$lflglllllot,anvactl(lenlOfClh&roccurr,nceeaU5lll90ltnllicDrlgltll\Jrvw'oreamagelOmyOllISOIlO/P/Operty,h80peM'.g
or <<IN. Ill. UOOI'I or .1DOYll/le rUsed pttflUteS. orllu' lIuectIy 0/ l/l4lIectIy to 1M tenatlCy, U$e or OCC\JPa/lCVlIItIllO'_ Of anyc~1t thereof Dy
lheTenanlOfally llersonclo1JtTl,ngIhlcuQhorulIllerlheTenMI.The TenantfYl1!1'fCO';llfla/l'.sanoaqr"SIRalll'/r,"alllSC\'I"e1llllnHPlOClJre
.tnd rI\alnlalllusually and ~allMy In!uratlCe 1II a re5llO/1!lt1o tllmllanyor comllanltls aulllOnzM to 00 DllSIMSS IIllllll Stal.c! 10'113. In amounts nol
ttssltlanSl00,OOO foranyonepersonllljure<l,anaS500,OOO lor anyone accidenl.
UodMthlheIiI1l!ISOrS25,OOQ lororooertyllamaq,.prC1K":lnqlhelanalOldaglll'lJl$lJCnClalm.~amages..:oSIS
or'~oeIlHsOnaCCO\lllIOrll1rutyIOanypefsooorpersons.ottoanyprooerlybelQnolnglOarrtpersono(P&rsor.s.tJyreasonotSutlle.1SUalty,
ac:cidtnl 0( Ollie, hall~nlll9 on or aboullllll oelTllsed pronuS&! dullI'9 thO lorm Illeroot. Cinrreeles 01 COlllOS ct said pohOOS. namil19 !he
~.andproYldjnglorlltl"n(15) oays'nolJC'Ioll\e~bofollc.arreeuebOnlMJlbeO&kvereclIOl/lO
Lan<lIOrdMtltinlwtntyl~1 oaystromthet:laleolll\ebegl~ot~I~'OIttis:'~."'IOll\suraroceollh'
Lanalordlllt/octanosllUcturalla\llls,S&lIpalaglaphl1(alebove. _._
13, RRE AND CASUALTY. PARTIAL DESTRUCTION OR PREMISES. (alln ll\e ev....t or a pamal t:l~Wuclal 01 lIam~o oIlhe loaSGt:l
prM\IHs, whdllS a busmoss 1IlIerlerene.. !hat.,. \\'hiCll pl'even13 the concluetlflg Of a IIOmIfI ~ CllMalal ancl whlCll camage IS
leasonal)'yrepalf4l)/e'il'llhinSlJlyl60]daYSallerllsOCCUrr&nce,lflISI&!Slsho1ll/ICltenn.nat'DIIIl!le'renl~l~e"aSldll'enusesshanabaIO
CUM] !he lImt or sucn DtlSlness l/lIelf8t'ence, I)lJiVl<<:tUtI.ltI.l(llIKiXIXW:tlillX~:t.ll)'JtlX~~Wll:ltCtlt~~)IiI
Q'l'WfU>>Wa~:;.II~lOl(lt>>XU~JlllI:iIOOtlO:~"Itr.lt.ut.K)li:W:iII:lIllI1I)l#J)I"U
~l.lI(QI\'ODlIX~Kttl~;tI):lM(~~QIlQlJO:~;enl(meltll~.lD:~JmIl~:<Ofxn~~Qtc!~:elr.ll:'
"",,~um'x
(bIZONI,Na.ShouldltltlOl\tlgorllinanceollll8cityormunrCipa.ll!Yln\\'niClll!lisPfOl)ertylslOCatellmalle~~bIlI torLallCllcrd,uSiI"!l
ClJliQentancllimelyOtfCllIoOlllilinnecoSWfpofl1llllandtOrepal'ancllOrltbilikl~~ITenanlisnotablolocondUCIllsbuSlnossonthese
prtmlSOS, thon sudlpartJalces!nldlon sha~be~utedas'lolallleslrUCllOnaslllllleneXlpaleQfiljlhprlM:lec.
let TOTAL DESmUCnON OF BUSINESS USE. tn I/le event of I oeSlt1JClion or a~ 0' the leased premises IncludIng !h. pi/king
.1N1depalkingIttlIISIP4Ilollf1'subt<<lma,nffollhl,leassl$OlhaIT.nantl.rotaol,lOconducIllSlIIISi/leSsonth,pr.1I\Isuorthe
l!len curr.nt Ie9aI use lor wllictl IIle prlIllllSIS are being Used and 'llhictl dama~es cannot be fepaJrea \\'llIun Sixty tOOl
Clays Ihi, lease mey be llfl11inalea al ltIeopbol\O"lltloi' !he Laoc!Io<<l or T,nantSocnlermitlat.ionlll.llChf'l.nt
s/lalbe'~OCIodbv\\'nntllnotteolonepill1ytolh'olher.wilhIntwen!Y(:..'OJ ,ClaysafterSllChdeslnlcbon. T.nant
SIlallsurrOllllIf'PCsseS$JOnlll1l1unl.nllOI daysan.fsuchi'llXlC8lssuetandlachpanySlla1lber.leilSe<llrom
alIIutu1eobbgaronsllereuroe/, Tenanlpa'flfl9"ntallllD,alaonlylOlIlell.teo'SlJCl\oestructJon. In the evenl 01 sucn termmallon 01 thiS
teese,lanClIoidetllSopbon.maY'ebulldOlnotac:corClJflglollsawnWlShtSand~.
14. CONDEMNATION. tal DISPOsmON OF AWARDS. Should!lll.".hOle or any P3II oIl!1e delMtd j)l'enusas be cond.mnod 01 taken
bvacompet.ntelltllontyroranypublicOl'ClIIWilUllIiCuSlorPUrpoS8..achpalfys/lall blenIlUod 10 retalfl. asllSOVinprooerly.artoJa warc
PiYabloloILOrinlheeventlllatasmgleenlileawardISmedeoneccountoll1leCOl'tderMelion.eachparly....lI1t1le1lbeOl1lllledlotakesuch
proportlOI'I ofS3lCl award as may be '8lI'and r.asonallle.
(bl DATE OF LEASI! TERMINATION. t1tt\e whole of tho demised premises shU be 50 condelMtd or W:en.lIle landlord shall not be
UllIa 10 th, TOI'Ienl excepl and as itS rignls are preSlMd as In partgraph 14(al al:icYe. .
,
IS. TERJ.lINATlON OF LEASE AnD DEFAULTS OF TENANT. (al TERJ.lJHAnotf UPON EX~ATlON OR UPON NOnCE OF DE.
FAULTS.Thlslease&lLdletmina.IIUpon.x~fallOnoflhedemJSOdterm:OIdlhi$loaseeJpresslyandin~pIOVM:IeslO(anyoptlOllor
oplions.andil4flySUC/1oplall. U.tClsedby1lleTenant.ltIonll\isIeUldterrnNteellheexpillbOnollllOoplallermorl0fl1\!. Upon
defau~in paymonl 01 /lntal htt.1fl or upon AtY1 olher derault by Te","1 in acc:ordanc:e W'lllltIIa tefll1.1Ild P'CVI!.OnS of lIll. le,eSl.l/IiS lease
may 11 lilt OllIicn oIl1lo l..aroclIord be cancelled and lOOeilDcl. PROVIDED. HOWEVER. bob. any such e.1fIeflLlllOll.ar.d forfeiture except as
ptlIYidedlnl5(blbtlaw.L.endIooIthaIIViveTenanl.\llfitlennotlCtspeatyingltledola~Ofcle!aultl.ardalallngl/latlhisIoI$llW'Nbtcancellod
and 'crlerlell ten (101_ lIay. aft.r!hl ~Mno or such no\lce. unless IlJC/l delelltt. or detalllls. are rOmodiGt:l wrtllin
such glace pariod.lSoe paragraph 22. beleW.1 M an IlIdltiooal opliorlal procedure or as M aIIomallve 10 lhe 'OIeQl)111g (and nelthor OlCluSIVO
orlllectllorlt.anclordmayprcceedaslnparevroph21,belaw.ptovided:
(bl BANKRUPTCY OR INSOLVENCY OF TENANT. In the evenl Tonantls adjudicated a baMlupl or in the .....nl or a k1JiciaI sala Of
ollleflranSrerolTenant'sIUSOhcldlfltoreslby/lBSOfIbyanybBnkfUplCYOfinSOti.ncyproc&ed,. ingJorbyO~opef'oonolfaw,.,bubutllOt, by
daellt,andWChbaftkruPtcy./UdiClAlseteorlranSrerhesnotb&envacatodorlOtaJldewnt\inlOO(IO]lIaYSlfomthegM/lOofnclJCOlheftol
byLanCUOn:lloTonent.lIlenendIflGnysuchevenll,Lanalorllmly.alilSopliOn.i'nmediatalytelmll'lalelhlSleaSl,r"OI'Itaralldpl'tmlSl'.
upen gMng 01 ten (101 deys'....'rtten nolJC. by Lanl!Iord 10 TOl\B/lL eU to th, exten! pemvn~ by applicnble law.
/clln/eJand(blabove,waiverasloanyce,.U1IS1laUnoICOI1SbllllOeWlNefofUlfSlJbseQlIantde,ellnorClraultI.
(CIAec09tanceotklyl,.ltIemSIflQ1IIdr"ranlin9bythOLandlofduponth, T.nanr'clcI'eu~sIIallbeconslfUodentyasaneNorlton\Jliget'
lIamagoallYltIaL.tncllorll.andnolasan~tlmonIIOlennIfl411l1hisle.SlI.
lB. RIGHT OF EITHER PARTY TO MAKE nooo "NY O-:FfI'JlT cr TP.E OTl-lm:1 u.,i~uiI ~all De mlllle trI eltnt, Plrti' in the
lMiu.'il"''''' Ill. (If compliance W1lIl. any 0' lI\e terms. COVOIlanlS or COI'dllen. or lhIs lease. and such d.leu~ tMII na~ll tonllllUec for llur1y
tJOI day. anlf' 'MllI.n nctice tIleleor trom ene llany lo I!le olhet. lhe IlIfson aQOnlVlllJ. lf1 addition to ell OlllOf /emodles now or htfoa~ot
PICVl1ed by law. may. bul need not. PlrlormSuchtltm.Q:)VOf\IIlI OfCOfoCiotion.OfmalleOOOdsuchdlltaull and any amcunt o1l1vancod sIIall be
lapaid'0/1hwIIIIont:lOll\llncl,tog'Ihe'Wltlllnlell'statlholllecf9_~pofll'R.m.trcmdal.orlldVance.
17, SiGN9 (e) Tenant shd/levethe nghl and pIJV~ooe of anaCllin9. aWixing. f)6Inlil'qCl ell\lbibngsigns on llle leaset:l pllmlUS. proviclOd
~ (II that ~ and an signs Shad comply WIlli the ordinances or the ClIy or lI~ucipality lf1 'IIfIrCI1lhe pl'operly I' lOCated 11M In, laws 01 the
Stata 01 Iowa: 21 such Slgn.shellnotch&ngOtheS!lllclllr,oflh,bu,kllrog;(3IsuchSIQnsd1lld'llllllntlklnOOwnSllellnctdemaoolhe
budclirog;IncI(4Iuch&lgnSShalbeSUbjDC1lotllewnnenaPfllOVaI011l1el.indlcrd,'l\tlidlapprcvaJshaJlOOtbeulllea~Wlthhold.
(b) l.andIorIlCuringlhela.llninely\90Jcay.ollhitlall5l"orextenSion.ShellllavelllfflO/ltlOmainl&nlnthe-MnclowsOlOllthebudong
0I01lIlleptOlMlllllIIe'Ofbclh.-FOfROt1ror'ForSaJe'SlQnandTel\lllllll1dlllffrlll.I1SllchIime,pI'ospocwetenanlsorbuyofslo.nllf
WeWMIthepr.mISlS.
lB. MECHANIC'S LIENS. N.l\her the Tonanlll()f llIlyCf\O cfeimlll9 bv.lhrOllOh. 01 Undal tIIo Tenant Shal/lev, the nghllo t~eof placo
3"fmechalllC"UenorOtherlionolanvkindorCllOleClerw,II4~"uponS4lcllll'emlSollOfUPOIlanYbulldVlgormprcvomOntth'fton,Of
V!nllllll r04S1noldlnl011llof the Tenant lherelfl, ancIoohce II ntfeby grven t/letnocon!riX:'.or, Suo.MUaClIlt, or an)'OflOelSG wno!'My ru'~sh
Ilri maltnef, SOI\Oa or labo/Ior any bulld~. improv.menlS.llIlllllbon. flpaul or any pan thereof, snsn al any time be or llecOmo onhUGt:llo
3"fhanlllefeon.andIOllllelur1ho'SICIlntyorlheLanlllord.lheTenemconv.nanlSandagroesIOgr.oeaClua'nollCOlllef~lll'ladVallU.1O
.1ny and llll O)n1IDClCrs ar.d SuboCOnl,aetol. wno mey turrusll or egfH 10 tumlsn any such malena!, SIMCO oi tacor,
19. u'NDLORD'S UEN AND SECURITY INTEREST. leI Said L:lllCllord ShaU have In .00001hOn to tile ~en glvln by law, a SOCI/IlIy lIltorest
as pro...-.clllCl by the Unl'orm CommerCIal COde 01 Iowa. upon a~ pa:rGOnal properly and 4~ SuOSMutJon. lIlerolOl', "pt aMUsed on salll pr.ml'es
bvTonanI.LanalOll:lm'/PfOCVfOellaw Of l/IeQullV 'iI'Ith InYfemeayptOVldodbylaWOfr1tlhlSlease IOf the r&CO\' .ryor,ont.orrorllunmabon
oflhlSlnsebeclluSloTelWll'ld,leUMlIllllperlofm4nCl.
(bISPOUSttrIllOUSlilllCllaT,nantlllenlheeXOCl/lIOf10ItlllSlflllnlmenttlylllespouSllhaUbe'0'lhesorepurposeoteltallll!la
SOClIflfyinlOltllcnpelsonafpl'Olltrly4nclWlNlngnghIIOlhomestOlIl,righl.otdlslnbulNtshllre,and."mplJOnS.
20. SUDSTlTUTION OF EQUIPMEtn', J.l,ERCHANDtSI!. ETC. (ill The Tonant SIlelIlLavo tnt ngntlrom time to time. lIunrog the term or
IIliSltue,orf.new.llMreot.IOUII0I0tfl.l\lrISldi5PCseolilllylXlrlOll4fllloporlyolllleTananllltUelollonl1l.l.1ldll.m'sedpr'mlsOI,....hon
Il'll/le JUdQem.nl ot 1Ile Tenanl ~ Sl\4t1 Il/lv, become OlISOloI" outwom or unnecelWy I/lC01\1\e(\lOf1 With tile opeflllCfl or tIl, buslflGSS on
W11l1'.mlsu;prCVldlld, /lowll'ltf, th4tthe Tel\lllt slid. in well inllOf'(O (unless no Su!lsMlllllCl.nrele Of Ilamis necmaryl.tllsown ,xpense,
Slbsl/M"orILlchllem.orpe1IOMlPfOPlrly50lllldorolllonriseClaposedor,elllW,orOllle'1ImIflSUbStlllll.Qnlllllreo'.lnlik'C/gfaal"
value and ~tod to l1\e Ilhod operooon of tho buSm,"upon!ho dlml&od premw
(bINolhingh.I'lIlconI4loedShenboconstf\lodlUdenyinOtoTOflanllllerightlod'~OIIn~anlonctdtntrchSncliSlintlloordil14/ycouru
oIlhe'Tenanrlll.deOl'buSlllOss.
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lU"lu.n~BUSI,..mPAO'!nTY
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21. RIGHTS CUMULAnVE. The venous 'ightS. pewers. OllllOns. eleeMons 811d remellies ot ellller partv. ~in tills lease, sllaD be
C01\SIIYI!das eumul.:lwa andl\Oon8c!themase~C1usrvec'lheolllers.orelclll!l'/eclanyr"9hlS.'emedlesO/pnQ!1llEIsatlOwedOltherllarty
by law. and ~aU In 1\0 wa1 e~eel or Ill1pau the IIghl 01 elthel pmy 10 pursue any oll\ef eQUllable, OIlegallemeay to which II\!let party may
be enb~ed as lOng as any lIeleull relllllins III any way urllemedltd. unsahSlled or ul\dlSC!\arge<l
22. NOTICES AND DEMANDS, Nollen u prtlvldtd lor In lhlllll&fllllll beglnn 10 tile fllptCllvl parties herl'o allh. rtlpectlvt
Iddre'''loeS1Snaledonpageoneollhlsleaseunlessertnerparrvno~rlestheOlher.ItIWljbllg,Ol a IMterenl alldrm, WilllOul plejUdlCe 10
any other metllOd OIIlOlIIymg a paTty in Vt'fI1I1'l!I Of ma~.ng a demal\O or otllef eommu~hOn. SOCh me"'g' Mlall be consider&!! 9.....en under
the terms ,or \illS lease when sanl. alldlemd as !DOVe Oe!lgnaltd. postage prepaid, by f~tered or candled mad, relum rectllillltQ~asted.
bytheUnlladS1nlelmailarod$Odepo"Ie<llllaUl\I!lKlSlatasma~bOX.
23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS. ASSIGNS, ETC. Each and el'llty CO'Ienllnl ano e;llltmenlllerelll ccnla.\'lCd
shallex1Cnd10andbebtndl/lllUpoIllhereSpeclrIasuccasso/S.ha1rS.aom,nISlIaIOls.ueculonanoasSlQnsollhapenlashefeta:a,ceP\lhal
if8!'rfpallollhlSlee$&iSlleldinlOtllltanancy.1hesuccessorlnllllere51!hallbeltlaSUlVIVll'\gpnt1anant
24 CHANGES TO BE IN WRITING, None ot the covenanlS. ptO'wiSIOflS. lerms or ccodlbons or lhis lease 10 be kepI or pel10rmed by
lalld10rd Of' Tenanl Sl1allllt In any maMar IIllxMeo. waN&O 01 &Oanoona~. excepl by a wrmen Instrumen1 culy 5'9"&0 by Ihe partles aroe
Clell,/ereOlo1neLaN:l.)rdaNlTenanI.Thllllulconl.lnllhawholaegreamlnloltIKpalllll.
25 RELEASE OF DOWER. Spouse ot LandlCrll. appealS as a pany 5'9na1ory to tlIis lease sole~ ior l1l8 purpose 01 rllalsing llOWer. C'
OlstnbUlr'll$haIl.unIesss3idspou5alSa1soaco-ownerotanlnweSlllltheteaseopreml5aS
211. CONSTRUCTION. WordS and pllrases herein. includltlO acknowledgement herae!. shaW be COIlSlnIad as in I!lt $lflQulal Of plural
number.anaasmaS(\lMe.!eminlneorneulergenderaccordlf'lgIOlheeonlex1.
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IN wmlESS WHEREOF, lht pa/lIU helalO l\ave duty executed this lease in duplicate l!le day and year hf11 illIO'IS wnttsn.
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TENANT
LAHDLORO
ATTEST
(AnACH APPROPRIATE ACKNOWLEOOEMEHTS AiREl
.) R ~A-"'/
Marlan K, Karr
Ci ty Cl erk
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City AltomsY'S 1'.;",.. -
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City of Iowa City
MEMORANDUM
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Date: July 31, 1992
To:
City Council
CM~zIt?
From:
Assistant City Manager
Re:
Bus Depot Property
Upon learning that the City was in the process of evicting the former tenant in the above-
referenced property, representatives from H&H Properties contacted me to express their
interest in taking over the bus depot operation. This was early in the week of July 20, and
due to the short amount of time until the final eviction proceedings were scheduled, it became
obvious that it would not be possible to fully assess the building for needed repairs and
modifications to come into complete compliance with the Americans with Disabilities Act.
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H&H Partners were able to make arrangements with both bus lines serving the Iowa City area
through this facility to take over the operation on August 1, contingent upon their completing
the necessary arrangements with the City for the use of the property. They also indicated
that they had a verbal agreement with the previous tanant to vacate the property at midnight,
July 31. at which time H&H Properties would take over.
........-....
In order to have the opportunity to fully assess the condition of the building and the necessary
improvements, and to allow for continuous, uninterrupted bus service to the community while
the feasibility of a long-term lease is being considered, we agreed with H&H Properties that
a short-term lease with no requirements for immediate improvements was appropriate. The
lease before Council is from August 1 through November 30, 1992, The expiration date is
the same as that of the previous lease, and the monthly rental amount is also unchanged.
H&H Properties is the only entity that has expressed any interest in leasing the building and
continuing to operate the bus depot. We have begun to assess the condition of the building
and obtain cost estimates for repairs and modifications. Once that has been determined, we
can better decide how to proceed.
cc: H&H Properties
City Manager
nl\bUldepot
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RESOLUTION NO. 92-225
RESOLUTION AUTHORIZING AND DIRECTING AUDITOR OF JOHNSON
COUNTY, IOWA, TO PLACE THE QUESTION OF INCREASING THE IMPOSITION
OF A HOTEL-MOTEL TAX BEFORE THE QUALIFIED ELECTORS OF IOWA CITY,
IOWA, AT THE GENERAL ELECTION OF NOVEMBER 3, 1992, AS AMENDED.
WHEREAS, Chapter 422A, Code of Iowa (1992), authorizes cities to impose a tax in an
amount not to exceed 7% of gross receipts from rentals by hotels and motels, subject to an
election by which the majority of the qualified electors of each city approves the imposition;
and
WHEREAS, the City of Iowa City, Iowa, now wishes to increase the imposition of the hotel-
motel tax imposed in 1983 from 5% to 7%; and
WHEREAS, the City now desires to place the question whether to approve an increase in the
imposition of the said tax before the qualified electors of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. The Auditor of Johnson County, Iowa, is hereby authorized and directed to place the
following question before the qualified electors of the City of Iowa City, Iowa, at the
general election of November 3, 1992:
Shall the following public measures be adopted? Yes No
Shall the City of Iowa City, Iowa, be authorized to increase the imposed
hotel-motel tax Irom live percent (5%) to seven percent (7%), said
increased tax to be imposed upon the gross receipts from the renting of
sleeping rooms, apartments, or sleeping quarters in a hotel, motel, inn,
public lodging house, rooming house, mobile home which is tangible
personal property, or tourist court, or in any place where sleeping
accommodations are furnished to transient guests for rent, whether with
or without meals, within the corporate limits of the City of Iowa City,
Iowa, in accordance with the terms of a proposed City ordinance and as
authorized by Chapter 422A, Code of Iowa (1991), copies of which are
printed on yellow paper and attached to the inside of this voting booth?
2. The Auditor is authorized and directed to attach copies of the proposed Hotel and
Motel Tax Ordinence and Chapter 422A, Code of Iowa (1991) to the inside of each
voting booth in use in Iowa City, Iowa, atthe November 3,1992, general election, and
to post copies of the said ordinance and Chapter 422A in such other places as are
required by law, and to take such other steps as are necessary to properly place this
public measure before the qualified electors of the city, The said proposed ordinance
shall be printed on yellow paper, A copy of the said proposed ordinance is attached
to this resolution as "Proposed Hotel-Motel Tax Ordinance," and by this reference
made a part hereof.
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CORPORATION
TARGET SERIES
093-5312-00
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JMI CORPORATION
MICROGRAPHICS DIYISIDN
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RESOLUTION NO. 92-225
RESOLUTION AUTHORIZING AND DIRECTING AUDITOR OF JOHNSON
COUNTY,IOWA, TO PLACE THE QUESTION OF INCREASING THE IMPOSITION
OF A HOTEL-MOTEL TAX BEFORE THE QUALIFIED ELECTORS OF IOWA CITY,
IOWA, AT THE GENERAL ELECTION OF NOVEMBER 3, 1992, AS AMENDED.
WHEREAS, Chapter 422A, Code of Iowa (1992), authorizes cities to impose a tax in an
amount not to exceed 7% of gross receipts from rentals by hotels and motels, subject to an
election by which the majority of the qualified electors of each city approves the imposition;
and
WHEREAS, the City of Iowa City, Iowa, now wishes to increase the imposition of the hotel-
motel tax imposed in 1983 from 5% to 7%; and
WHEREAS, the City now desires to place the question whether to approve an increase in the
imposition of the said tax before the qualified electors of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1, The Auditor of Johnson County, Iowa, is hereby authorized and directed to pines the
fcllowing question before the qualified electors of the City of Iowa City, Iowa, at the
general election of November 3, 1992:
Shall the following public measures be adopted? Yes_ No_
Shall the City of Iowa City, Iowa, be authorized to increase the imposed
hotel-motel tax from five percent (5%) to seven percent (7%), said
increased tax to be imposed upon the gross receipts from the renting of
sleeping rooms, apartments, or sleeping quarters in a hotel, motel, inn,
public lodging house, rooming house, mobile home which is tangible
personal property, or tourist court, or in any place where sleeping
accommodations are furnished to transient guests for rent, whether with
or without meals, within the corporate limits of the City of Iowa City,
Iowa, in accordance with the terms of a proposed City ordinance and as
authorized by Chapter 422A, Code of Iowa (1991), copies of which are
printed on yellow paper and attached to the inside of this voting booth?
2, The Auditor is authorized and directed to attach copies of the proposed Hotel and
Motel Tax Ordinance and Chapter 422A, Code of Iowa (1991) to the inside of each
voting booth in use in Iowa City, Iowa, at the November 3, 1992, general election, and
to post copies of the said ordinance and Chapter 422A in such other places as are
required by law, and to take such other steps as are necessary to properly place this
public measure before the qualified electors of the city. The said proposed ordinance
shall be printed on yellow paper. A copy of the said proposed ordinance is ettached
to this resolution as "Proposed Hotel.Motel Tax Ordinance," and by this reference
made e part hereof.
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Resolution No. 92-225
Page 2
3.
The City Clerk is authorized and directed to provide the Auditor with sufficient copies
of the proposed Hotel-Motel Tax Ordinance so that the ordinances may be posted as
provided in Section 2 above.
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Larson
the Resolution be
AYES:
NAYS:
ABSENT:
0'"
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X
X
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Am brisco
Courtney
Horowitz
Kubby
Larson
X McDonald
Novick
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Passed and approved this 4 th
day of August , 1992.
ffid~
MAYOR
\ Approved by
~u~,~g "
' ity Attorney's Office ~
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ATTEST: '>h_:'~A') cJ!. ~AA/
CiTtCLERK
elork\h.mlaK,ru
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PROPOSED HOTEL MOTEL TAX ORDINANCE
OROINANCE NO.
AN OROINANCE INCREASING IMPOSITION OF THE HOTEL
AND MOTEL TAX IN AND FOR THE CITY OF IOWA CITY,
JOHNSON COUNTY, IOWA,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF IOWA CITY, IOWA:
SECTION I. HOTEL AND MOTEL TAX, The hotel and motel
tax now Imposed is hereby Increased to a rate of seven
psrcent (7%) upon the gross receipts from the renting of
sleeping rooms, apartments, or sleeping quarters in a hotel,
mOlel, Inn, public lodging house, rooming house, mobile
home which is tangible personal property, or tourist court, or
In any place whsre sleeping accommodations are furnished
to transient guests for rent, whether with or without meals,
within the corporate limits of the City of Iowa CitY, Iowa, all
,as authorized in Chapter 422A, Code of Iowa (1992), and
subject to the limitations, restrictions, conditions, provisions,
and penalties contained thersin.
SECTION II. IMPLEMENTATION. The City officers are
hereby directed to ,t!lke ,such procedural :teps ~s ~:a
necessary to accomplish the increased imposition of the hotel
and motel tax on January 1, 1993.
SECTION III, REPEALER. All ordinances or parts of
ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION IV, SEVERABILITY. If any of the provisions of this
Ordinance are for any reason declared illegal or void, then the
lawful provisions of this Ordinance are deemed severable and
shall remain in full force and effect,
SECTION V, EFFECTIVE DATE. This Ordinance shall, after
final passage, approval and publication as provided by law,
become effective January 1, 1993.
Passed and approved this
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MAYOR
ATTEST:
CITY CLERK
Approved by
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Attorney's Office (jJ -.1 S- -9 <--
u.k\h.mlllC,lI"d
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RESOLUTION NO. 92-226
RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION.
WHEREAS, in February 1991, Jane Olson filed an action in Iowa District Court against City
of Iowa City, together with other named defendants; and
WHEREAS, all parties to the lawsuit have settled their differences, and wish to resolve the
lawsuit without further litigation; and
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WHEREAS, the City Council authorized the City Attorney to enter into a settlement agreement
with the plaintiff and other defendants, as in the best interest of the City and the parties
involved; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to
plaintiff Olson in the amount of $30,000 in full satisfaction of any and all claims she may
have against the City in the above case, in consideration for plaintiff's full release and
dismissal of the lawsuit, Docket No. 53248.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. The above-named lawsuit should be and is hereby settled, and said settlement
previously discussed in executive session. is hereby ratified, for the total sum of
$30,000, payable to plaintiff Jane Olson and her attorney of record, in full satisfaction
of any and all claims arising out of the above lawsuit, Docket No. 53248.
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2. City Council for the City of Iowa City hereby approves said settlement as being in the
best interest of the City of Iowa City and the parties involved, ratifies said settlement
as provided by law, and confirms that said settlement is hereby ratified, contingent
upon plaintiff's execution of an appropriate release and dismissal of the above action,
with prejudice, with the Clerk of Court for Johnson County District Court in the above
action, Docket No. 53248,
,
It was moved by Larson and seconded by
adopted, and upon roll call there were:
HorOliitz the Resolution be
AYES:
NAYS:
ABSENT:
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X
X
Ambrisco
Courtney
Horowitz
Kubby
Larson
McDonald
Novick
x
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Resolution No. 92-226
Page 2
Passed and approved thi%th
August
day of
,1992.
ATTEST: ))~~ ,f. ~)
CIT CLERK
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MAYOR
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RESOLUTION NO. 92-227
RESOLUTION SETTING FEES AND CHARGES WITH RESPECT TO THE
ADMINISTRATION OF REGULATIONS OF PEDICABS AND TAXICABS, AND
RESCINDING PRIOR RESOLUTION NO. 92-23.
WHEREAS, Chapter 35 of the Code of Ordinances of the City of Iowa City, Iowa establishes
regulations for taxicab/pedicab and taxicab/pedicab drivers operating within the City of Iowa
City; and
WHEREAS, Section 35-34 provides that a fee as set by Council resolution be paid by the
applicant for issuance of a license or a driver's permit; and
WHEREAS, Section 35-32 provides that the applicant for a license must file a motor vehicle
operator's liability insurance policy in the office of the City Clerk, in a form approved by the
City and with minimum limits as set by City Council resolution; and
WHEREAS, Section 35-31.1 provides that any owner or operator licensed or permitted to do
business in Iowa City shall, upon payment of the required fee, be entitled to a stand at a
location on City street right-of-way to be designated by the City Traffic Engineer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the following fees are hereby established:
1.
For the issuance of a license decal, $25.00 each, for a one-yeRr pRriod. expiring March
1. unless suspended or revoked. A $5.00 fee will be charged for replacement of a
license decal. If the City is notified by the insurance carrier of cancellation of
insurance, the decal will be removed by the licensee and returned to the City Clerk's
office. There will be no refund of the license fee.
2. For the issuance of driver's permit, $7.50 each driver, good for a one-year period or
the remaining period of Chauffeur's/Operator's License if under one year. '
3. For the issuance of parking stand, $360.00 per year for each stand, expiring March 1,
BE IT FURTHER RESOLVED that the minimum limits for motor vehicle operator's liability
insurance are to be quoted for all taxicab/pedicab operators as "individual" liability amounts,
or in lieu thereof as a "combined" liability amount, said liability minimum amounts to be
esteblished at the following limits, with a deductible not to exceed $500:
"Individual" Liability Amounts
To cover the insured's liability for personal injury or death of one person, as a result
of one accident or other cause, Two Hundred Fifty Thousand Dollars ($250,000,00).
To cover the insured's liability for personal injury or death of more than one person as
a result of one accident or other cause, Five Hundred Thousand Dollars ($500,000.00),
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Resolution No, Q?-??7
Page 2
To cover the insured's liability for damage to or destruction of property other than that
of the insured as e result of anyone accident or other cause, One Hundred Thousand
Dollars ($100,000.00)
"Combined" Liability Amount
To cover the insured's liability for personal injury or death of one or more persons as
a result of anyone accident or other cause, and to cover the insured's liability for
damage to or destruction of property other than that of the insured as a result of any
one accident or other cause, Five Hundred Thousand Dollars ($500,000.00) combined.
BE IT FURTHER RESOLVED that prior Resolution No. 92-23 is hereby rescinded, and this
Resolution adopted and approved in lieu thereof.
It was moved by Ambrisco and seconded by HorOl~itz the resolution be adopted, and
upon roll call there were:
AYES:
NAYS:
ABSENT:
-X
....x.
J.
...x
X
Ambrisco
Courtney
Horowitz
Kllbby
Larson
X McDonald
Novick
x
Passed and approved this ..!J.th. day of
,1992.
MAYOR
Approved by
ATTEST: ~1J!( ~
CITY CLERK
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