HomeMy WebLinkAbout2007-01-09 Resolution
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Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 07-1
RESOLUTION TO ISSUE DANCING PERMIT
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/her filing an application, having endorsed thereon
the certificates of the proper city officials as to having complied with all regulations and
ordinances, having a valid beer, liquor, or wine license/permit, to wit:
Ashford, LP dba Sheraton Iowa City & Hotel Vetro, 210 S. Dubuque Street (New)
MIP Lessee, LP dba Sheraton Iowa City, 210 S. Dubuque Street. (Renewal)
Farras productions, Inc. dba Farras productions, 320 E. Burlington Street(New)
Passed and approved this
9th
day of J2 JanuarJ ' Z!r ~
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MAYOR -
Approved by
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ATTEST: )l~.,..z-J K. ~
CIT LERK
City Attorney's Office
It was moved by Bailey and seconded by
Resolution be adopted, and upon roll call there were:
Vanderhoef
the
AYES:
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NAYS:
ABSENT:
_ Bailey
_ Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
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Prepared by: Susan Dulek, Ass!. C~y Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07-2
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN AMENDMENT TO THE AGREEMENT WITH
IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY
IN AVIATION COMMERCE PARK TO EXTEND THE TERM BY ONE
YEAR AND CHANGE THE PRICING MODEL.
WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement
("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa
Realty Commercial to sell and lease the property known as the Aviation Commerce Park
subdivision; and
WHEREAS, in Resolution No. 4-202, the City Council approved a six (6) month
extension of the Listing Agreement, in Resolution No. 5-36, the City Council approved
another six (6) month extension, in Resolution No. 5-248, the City Council approved a
third, six (6) month extension, and in Resolution No. 6-14, the City Council approved a
one (1) year extension that expires on January 22, 2007;
WHEREAS, at its meeting on December 14,2006, the Iowa City Airport Commission
approved another one (1) year extension to the Listing Agreement as well as a change
in the pricing model to provide that Aviation Commerce Park will be marketed as an
entire development, rather than individual lots; and
WHEREAS, it is in the best interest of the City of Iowa City to approve another
amendment to the Listing Agreement, which will extend the term by one (1) year and'
change the pricing model.
. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to
the Sixth Amendment to Listing Agreement, a copy of which is attached and
incorporated herein.
Passed and approved this 9th day of
~u~
ATTEST: )JJd~u/ -J!. ~
""Ci1V CLERK
Approved by
.'~~ I(J-l"t-Oc'"
City Attorney's Office
Resolution No. 07-2
Page ?
It was moved by Ba i 1 ey and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
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SIXTH AMENDMENT TO LISTING AGREEMENT
WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing
Agreement") among the Airport Commission, the City Council, and NAllowa Realty Commercial
to sell and lease the property known as the Aviation Commerce Park subdivision;
WHEREAS, in Resolution No. 04"202, the City Council approved a six (6) month extension of
the Listing Agreement, and the parties subsequently entered into an Amendment to the Listing
Agreement;
WHEREAS, in Resolution No. 5-36, the City Council approved a second, six (6) month
extension of the Listing Agreement, and the parties subsequently entered into the Second
Amendment to the Listing Agreement;
WHEREAS, in Resolution No. 5-248, the City Council approved a third, six (6) month extension
of the Listing Agreement, and the parties subsequently entered into the Third Amendment to the
Listing Agreement;
WHEREAS, in Resolution No. 5-316, the City Council approved an amendment to the Listing
Agreement with respect to the pricing model, and the parties subsequently entered into the
Fourth Amendment to the Listing Agreement;
WHEREAS, in Resolution No. 6-14, the City Council approved an amendment to the Listing
Agreement with respect to the pricing model, and the parties subsequently entered into the Fifth
Amendment to the Listing Agreement that expires on January 22, 2007;
WHEREAS, NAI Iowa Realty Commercial acknowledges that Harry Wolf will be its lead broker
should the Listing Agreement be extended;
WHEREAS, the parties wish to amend the description of the Property to reflect the resubdivision
of lots 1-4 that occurred in 2003, and they also wish to amend the Pricing Model;
WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written
agreement of the parties; and
IT IS THEREFORE AGREED that:
Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph
5 is substituted in lieu thereof:
5. TERM. The term of this Agreement and Agent's employment, right and authority
shall expire on January 22, 2008.
Exhibits D and E are deleted in their entirety, and new Exhibits D and E, which are attached and
incorporated herein, are substituted in lieu thereof.
All other terms of the Listing Agreement shall remain in full force and effect.
NAIIOWA REALTY COMMERCIAL
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Horry R~ .
Regional Direc r
/2 -27-00
Date
THE IOWA CITY AIRPORT COMMISSION
11-- -19- Ob
Date
Attest:
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Date
THE CITY OF IOWA CITY
Q~.)~
Ross Wilburn, Mayor
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Maria K. Karr, City Clerk
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
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On this '1 day of ~NUAI2~ ' 2007, before me, the undersigned, a
notary public in and for the State of Iowa personally appeared Ross Wilburn and Marian K. Karr,
to me personally known, who being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of said municipal corporation executing the within and foregoing instrument;
that the seal affixed thereto is the seal of said municipal corporation; that said instrument was
signed and sealed on behalf of said municipal corporation by authority of its City Council; and that
the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument
to be the vol . orporation, by it and by them voluntarily executed.
~ SONDRAE FORT
o " Commission Number 159791
. . MyCommi ion~ire5 ~J U
W Notary Public in and for the State of Iowa
APpro~ ~~
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City Attorney's Office
Final Pia t
Airport 11Ie\felopment-fPart mw
l /IIIMIIlMSIOM O~ LO'lS 1-4 Of' IIOIlTll JJRPORI' DIYELOI'IIEHT
Iowa City, Iowa
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LEGEND AND NOTES
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EXHIBIT "E"
AVIATION COMMERCE PARK
Pricing Model
Lots
Size/SF
Purchase
Price
1 - 17
1,620,701
$5,800,000
The above pricing is valid as of 200_.
Pricing is subject to review and adjustment at Commission/Owner's discretion.
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Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07-3
RESOLUTION APPROVING AN AMENDMENT TO THE DECLARATION OF
CONDOMINIUM REGIME FOR LOT 12, LONGFELLOW MANOR
CONDOMINIUMS.
WHEREAS, the City built a 2-unit residential condominium structure at 938 Longfellow Place and
940 Longfellow Court; and
WHEREAS, a Declaration of Condominium Regime has been executed and recorded; and
WHEREAS, the City sold 940 Longfellow Court and still is the owner of 938 Longfellow Place; and
WHEREAS City staff and the owner of 940 Longfellow Court wish to amend the Declaration of
Condominium Regime to provide an arbitration provision in the event of a tie vote, to eliminate
general common elements, and to change the definition of "unit."
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, that:
1. The attached Amendment to Declaration of Submission of Property To Horizontal
Regime Establishing a Plan For Condominium Ownership of Premises - Lot 12,
Longfellow Manor Condominiums is approved.
2. Upon the direction of the City Attorney, the Director of Housing and Inspection
Services is authorized to approve future amendments to said condominium declaration
and to vote on behalf of the City of Iowa City at all meetings of the Association Lot 12,
Longfellow Manor Condominium Owners Association.
Passed and approved this qth
"ym ~ J]~
MAYOR -
ATTEST: 71~/--v.J ~ ~...J
CITY CL.: RK
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Resolution No. 07-1
Page 2
It was moved by Bailev and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES:
NAYS:
x
x
x
x
x
X
X
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
Preoared bv & Retum To:
Mitchel T. Behr. Ass!. City Attornev 410 E. Washinoton S!. Iowa Cilv. iA 52240 (319) 356-5030
AMENDMENT TO DECLARATION OF SUBMISSION OF PROPERTY
TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR
CONDOMINIUM OWNERSHIP OF PREMISES
LOT 12, LONGFELLOW MANOR CONDOMINIUMS
This Amendment to Declaration of Submission of Property to the Horizontal Regime is made and executed
in Iowa City, Iowa, the '1-<~ day of \Ji/'l,,^;?' , 200-.1, by the City of Iowa City, an Iowa Municipal
Corporation, and Jesse D. Coleman and Carlenis L. Coleman, hereinafter referred to as "DECLARANTS",
pursuant to Article XIII of the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for
Condominium Ownership of Premises, Lot 12, Longfellow Manor Condominiums recorded with the Johnson
County Recorder July 3, 2006, at Book 4047, Page 4, and the provisions of the Horizontal Property Act, Chapter
499B, Code ofIowa (2005).
WITNESSETH:
WHEREAS, DECLARANTS are the owners of938 Longfellow'Place and 940 Longfellow Court, Lot
12, Longfellow Manor Condominiums, located on certain real property located in Iowa City, Iowa, and more
particularly described as follows:
Lot 12, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in
Book 35, page 274, Plat Records of Johnson County, Iowa.
WHEREAS, DECLARANTSare owners of both units within condominium regime established by the
Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of
Premises, Lot 12, Longfellow Manor Condominiums recorded with the Johnson County Recorder July 3, 2006, at
Book 4047, Page 4, and the provisions of the Horizontal Property Act, Chapter 499B, Code ofIowa (2005);
and
WHEREAS, pursuant to Article XIII of said Declaration, DECLARANTS desire and intend by filing this
Amendment to amend said Declaration to address issues with respect to dispute resolution, common elements and
insurance requirements within the condominium regime;
NOW, THEREFORE the DECLARANTS do hereby publish and declare that the Declaration of
Submission of Property to Horizontal Regime ES(ablishing a Plan for Condominium Ownership of Premises, Lot 12,
Longfellow Manor Condominiums recorded with the Johnson County Recorder July 3, 2006, at Book 4047, Page 4
is hereby amended as follows:
(l) Exhibit D attached to said Declaration, is amended by addition of the following paragraph 5 to Article I
thereof: Arbitration of Differences. In the event any dispute arising that concerns any matter to be determined by
the members of the Association results in a I to I vote, the members agree to first engage in good faith negotiations
to resolve any such dispute. In the event that they are unable to resolve any such dispute by negotiating, the owner
of each unit shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision
of the majority of all the arbitrators shall be final and conclusive of the questions presented. If either owner refuses
or fails to promptly appoint an arbitrator, the same may be appointed by an judge of the District Court of Iowa in
and for Johnson County. Arbitration shall be in accordance with the rules of the American Arbitration Association,
and the cost thereof shall be shared equally by the owners.
and
(2) Articles I through XIII of said Declaration are hereby deleted in their entirety and replaced with the
following:
ARTICLE I.
DEFINITIONS.
I. DECLARANTS. The term "DECLARANTS" shall mean the City ofIowa City, an Iowa Municipal
Corporation, and Jesse D. Coleman and Carlenise L. Coleman, having made and executed this Declaration.
2. DECLARATION. The term "DECLARATION" shall mean this instrument by which Lot 12,
Longfellow Manor Condominiums is established as provided under the Horizontal Property Act.
3. PROJECT. The term "PROJECT" shall mean the entire parcel of real estate property referred to in
this Declaration to be divided into Condominiums, including all structures thereon.
4. UNIT. The Regime will consist of one (I) Building which will contain two (2) units, 938 Longfellow
Place and 940 Longfellow Court. The term "UNIT" shall mean that space encompassed within the following
boundaries:
a. Upper and lower (horizontal) boundaries: The upper and lower boundaries of the unit
shall be the following boundaries extended to an intersection with the vertical (permetric)
boundaries:
(i) Upper Boundary: The horizontal plane thirty-five (35) feet above the top
surface of the concrete floor slab of the lower level of the building-
(ii) Lower Boundary: The horizontal plane twenty (20) feet below the top surface
of the concrete floor slab of the lower level of the building.
b. Vertical (perimetric) boundaries: The vertical boundaries of each unit shall be a vertical
plane in the center of the fire wall which divides the building and vertical planes five (5)
feet outside the exterior surface of the building extended to intersections with each other
and with the upper and lower boundaries.
. 5. LIMITED COMMON ELEMENTS. The term "LIMITED COMMON ELEMENTS" shall have the
meaning as defined in ARTICLE V.
6. BUILDINGS. The term "BUILDING" shall mean and include the one Building, consisting of two (2)
unit dwelling structures with a garage for each unit as constructed on the real estate described herein. The one
building constitutes the sole building included in the condominium regime.
7. CONDOMINIUM. The term "CONDOMINIUM" means the entire estate in the real property owned
by any Owner, consisting of an undivided interest in the Common Elements and ownership of a separate interest in a
Unit.
8. OWNER. The term "OWNER" means any person with an ownership interest in a Unit in the Project.
9. ASSOCIATION. The term "ASSOCIATION" means Lot 12, Longfellow Manor Condominiums
Owners Association and its successors, a council of co-owners.
10. COUNCIL OF CO-OWNERS. The term "COUNCIL OF CO-OWNERS" means all co-owners of the
building and is otherwise known and synonymous with the term "ASSOCIATION" and/or "HOMEOWNER'S
ASSOCIATION".
11. CONDOMINIUM DOCUMENTS. The term "CONDOMINIUM DOCUMENTS" means this
Declaration, and all Exhibits attached hereto including the Bylaws of the Association.
12. PLURAL AND GENDER. Whenever the context so permits or requires, the singular shall include the
plural and the plural the singular, and the use of any gender shall include all genders.
13. SEVERABILITY. The invalidity of any covenant, restriction, agreement, undertaking, or other
provisions of any Condomininrn Document shall not affect the validity of the remaining portions thereof.
14. INCORPORATION. Exhibits attached hereto and referred to herein are hereby made a part hereof
with the same force and effect as other provisions of this Docnrnent.
ARTICLE n.
DESCRIPTION OF LAND, BUILDING AND UNITS
I. Description of Land. The land submitted to the Regime is located at 938 Longfellow Place and 940
Longfellow Court, Iowa City, Johnson County, Iowa, and is legally described as follows:
Lot 12, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in
Book 35, page 274, Plat Records of Johnson Connty, Iowa.
2. Description of Buildings. The Condominium Regime will consist of one building which will contain
two (2) units. The building and each unit are constructed to the general specifications as set out in detail in Exhibit
"A" to this Declaration. The building site plan, showing a footprint of the building and the individual units is
attached as Exhibit "B".
3. Description of the Units. The Condominium Regime consists of one Building, with two (2) Units
. each built according to the specifications set out at Exhibit "A". Both units are one level ranch-style and contain a
living room, dining room, kitchen, three bedrooms, and a front porch and patio or deck. Both units include a garage.
The plans of the building and the two units are attached as Exhibit"C".
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ARTICLE III.
OVVNERSHIPINTERESTS
I. Exclusive Ownership and Possession by Owner. Each Owner shall be entitled to exclusive
ownership and possession of his or her Unit. Each Owner shall be entitled to an undivided fifty percent (50%)
interest in the Common Elements. Said percentage of the undivided interest of each Owner in the Common
Elements shall have a permanent character and shall not be altered without the consent of all Owners expressed in an
amended Declaration duly recorded. The percentage of the undivided interest in the Common Elements shall not be
separated from the Unit to which it appertains and shall be deemed to be conveyed or encumbered or not expressly
mentioned or described in the conveyance or other instrument. Each Owner may use the Common Elements in
accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of
the other Owners.
2. Appurtenances. There shall pass with the ownership of each Unit as a part thereof, whether or not
separately described, all appurtenances to such Unit and no part of the appurtenant interest of any Unit may be sold,
transferred or otherwise disposed of except in connection with the sale, transfer or other disposition of such Unit
itself or of all Units in the Regime.
3. Undivided Fractional Interest. An undivided interest in the land and other Common Elements of the
Regime shall be appurtenant to each Unit. The amount of such undivided interest appurtenant to each Unit is one-
half(I/2).
4. General Common Elements. The project has no general common elements.
5. Limited Common Elements. The exclusive use by Owners of the Limited Common Elements shall be
deemed an appurtenance of the unit for which said elements are reserved, provided such use and enjoyment shall be
limited to the uses permitted by this Declaration and other Condominium Documents.
6. Association Membership and Voting Rights. Appurtenant to each Unit shall be membership in the
Longfellow Manor Condominiums Association and one (I) vote in the affairs of the Association and of the Regime;
provided, however, that the exercise of such voting and membership rights shall be subject to the applicable
provisions of the Bylaws of the Association and of the other Condominium Documents. The action of such
Association shall be deemed the action of the Owners; ilnd such action, when taken in accordance with the Bylaws
of the Association and this Declaration shall be final and conclusive upon all Unit Owners.
7. Cross-Easements. Appurtenant to each Unit shall be easements from each Unit Owner to each other
Unit Owner and to the Association, and from the Association to the respective Unit Owners as follows:
(a) For ingress and egress through the common areas and for maintenance, repair, and replacement as
authorized;
(b) Through the Units and common facilities for maintenance, repair and replacement or reconstruction of
Common Elements, but access to Units shall be only during reasonable hours except in case of emergency;
(c) Every portion of a Unit contributing to the snpport of a Building is burdened with an easement of such
support for the benefit of all such other Units;
(d) Through the Units and common areas for conduits, ducts, plumbing, wiring and other facilities for the
furnishing of utility or other services to the other Units in the common areas.
ARTICLE IV.
LIMITED COMMQN ELEMENTS
I. Definition. The term "Limited Common Elements" shall mean, and such elements shall consist of. The
real estate immediately adjacent to each unit divided by the same plane which separtes the units, said plane being
extended to meet the side boundary lines of the lot on whichi such unit is located and is part of the real estate which
is covered by this declaration. Each limited common element shall be reserved for the sole and exclusive use by the
owners of the unit to which it is appurtenant.
2. Exception. Notwithstanding the reservations made by this Article, the design of the Buildings, grounds
to be submitted and the integrity and appearance of the Regime as a whole are the common interests of all Owners
and, as such, shall be subject to the terms and restrictions of this declaration.
ARTICLE V.
DECLARANT'S RESERVED RIGHTS AND POWERS
1. Declarant's Activities. Declarants are irrevocably and perpetually empowered, notwithstanding any
use, restriction or other provision hereof to the contrary, to sell, lease or rent Units to any person and shall have the
right to transact on the Condominium property any business relating to construction, repair, remodeling, sale, lease
or rental of Units, including but not limited to, the right to tlIaintain signs, employees, independent contractors and
equipment and materials on the premises, and to use Common Elements to show Units. All signs and all items and
equipment pertaining to sales or rentals or construction and any Unit furnished by the Declarants for sales purposes
shall not be considered Common Elements and shall remain its separate property. Declarants retain the right to be
and remain the Owner of any completed but unsold Unit under the same terms and conditions as other Owners,
including membership in the Association save for its right to sell, rent or lease.
2. Easements. Declarants expressly reserve perpeWal easements for ingress, egress and utility purposes
as may be required across and under the land submitted hereby.
ARTICLE VI.
MANAGEMENTOFTHEREG~E
1. Association; Council of Co-owners. The operation of the Condominium shall be by a membership
association. The name of the Association shall be "Lot 12, LOll1gfellow Mahor Condominiums Owners Association".
Copies of its Bylaws are attached hereto and marked Exhibit! "D". Whenever a vote or other action of Unit owners
as a group is required the mechanics of conducting such a vote or taking such action shall be under the control and
supervision of the Association. The action of the Association shall constitute the action of the Owners or the Council
of Co-owners whenever such action is permitted or required herein or by Chapter 499B of the Code of Iowa (2005).
2. Compliance. All owners, tenants, families, gu~ts and other persons using or occupying the Regime
shall be bound by and strictly comply with the provisions of the Bylaws of the Association and applicable provisions
of other Condominium Documents, and all agreements, regulations and determinations lawfully made by the
Association and its directors, officers or agents shall be binding on all such Owners and other persons. A failure to
comply with the Bylaws or the provisions of the other Condominium Documents or any agreement or determination
thus lawfully made shall be grounds for an action to recover sums due for damages on the part of the Association or
any Owner, as applicable, or ir1junctive relief without waiving either remedy.
3. Powers of Association. Each Owner agrees that the Association has and shall exercise all powers,
rights and authority granted unto it, the Council of Co-owners, and the Owners as a group by Chapter 499B of the
2005 Code of Iowa, and such as are more particularly set forth in the Condotuinium Documents, including but not
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limited to the making of assessments chargeable to Owners and the creation of a lien on Units thereof, and to acquire
a Unit at foreclosure sale and to hold, lease, mortgage or corjvey the same. Each Owner hereby waives any rights to
delay or prevent such foreclosure by the Association which he or she may have by reason of a homestead
exemption.
4. Partition. All Unit Owners shall be deemed to have waived all rights of partition, if any, in connection
with such acquisition.
5. Membership, Voting Rights. The members pf the Association shall consist of all of the record
Owners of Units. After receiving the approval of the Associ~tion elsewhere required, change of membership in the
Association shall be established by recording in the public records of Jolmson County, Iowa, a deed or other
instrument establishing a record title to a Unit, in the Condominium and the membership of the prior Owner shall be
thereby terminated. The members of the Association shall be entitled to cast one (1) vote for each Unit owned by
such member.
6. Restraint npon Assignment. The share of a member in the funds and assets of the Association cannot
be assigned, hypothecated or transferred in any manner except as an appurtenance to his or her Unit.
7. Discharge of Liability. All Owners shall promptly discharge any lien which may hereafter be filed
against his or her Condominium.
8. Limitation on Association's Liability. The As$ociation shall not be liable for any injury or damage to
property caused by or on the Common Elements or by another Owner or person in the Project or by any other means
unless caused by the gross negligence of the Association. No diminution or abatement of common expense
assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or
improvements of the Common Elements or from any action tiaken to comply with any law, ordinance or orders ofa
governmental authority.
9. Arbitration of Differences. In the event any dispute ansmg that concerns any matter to be
determined by the members of the Association results in a l to I vote, the members agree to first engage in good
faith negotiations to resolve any such dispute. In the event that they are unable to resolve any such dispute by
negotiating, the owner of each unit shall choose one arbitrator and such arbitrators shall choose one additional
arbitrator, and the decision of the majority of all the arbitrators shall be final and conclusive of the questions
presented. If either owner refuses or fails to promptlyappoilflt an arbitrator, the same may be appointed by a judge
of the District Court ofIowa in and for Jolmson County. Arbitration shall be in accordance with the rules of the
American Arbitration Association, and the cost thereof shall be shared equally by the owners.
ARTICLE VII.
MAINTENANCE, ALTERATION AND IMPROVEMENT.
1. Definitions. Certain terms used in this Article Shall have a meaning as follows, provided any dispute
over meanings shall be conclusively decided by the Board oflDirectors of the Association:
(a) "Maintenance" or "repair" shall mean the act of maintaining, restoration, renovation,
reconstruction, replacement, rebuilding and simjlar work necessary to preserve a Unit or the property
in its original condition as completed.
(b) "Improvement" shall mean the addition of a new structure, element or facility, other than a
structure, element or facility otherwise provided for by this Declaration or any Supplementary
Declaration.
2. Maintenance by Association. The Association shall have no obligation to maintain a unit or the
limited common elements appurtenant thereto.
3. Maintenance by Owner.
(a) Each Unit Owner at his or her own expense shall maintain that portion of the building located
within his unit, including the boundary surfaces of such Unit and its equipment, shall keep such
interior in a clean and sanitary condition, shall do all redecorating, painting and other finishing which
may at any time be necessary to maintain his or her Unit, and shall be responsible for the maintenance
of all personalty including carpets, furnishings, and appliances within such Unit.
(b) The Owner of each Unit shall be responsible for maintaining the plumbing fixtures within the Unit
and heating and air conditioning unit serving sucp. Unit and all other utilities or portions thereof located
within the boundaries of his or her Unit. The Owner shall also, at his or her own expense, keep his or
her Unit in a clean and sanitary condition.
(c) The Unit Owner shall maintain, at his or her expense, any improvement or other alteration made
by him or her.
(d) In the event of a destruction of all or any portion of any unit by fire or other ca,sualty, the
owner of such unit shall immediately take whatever precautions may be reasonably required to
preserve and protect any adjoining unit from fUrther damage. In addition, in the event of any such
destruction, any damaged unit shall be reconstructed, unless otherwise agreed by both owners. The
following provisions shall govern exterior replacements, maintenance and repairs and reconstruction:
(i) The owner of a dwelling unit may repair and replace exterior components of
such dwelling unit with components similar to preexisting components and of
the same design and color, and may paint the exterior of such dwelling unit with
paint of the existing color or colors, but such owner may not, either in the course
of ordinary replacement, maintenance, repair and remodeling, or in the
restoration after damage or destruction, use different siding, roofmg or other
exterior components, or a different color scheme, unless the owner of the
adjoining dwelling unit gives a written consent to do so.
(ii) In the event of any dispute arising between the unit owners concerning a change
of siding, roofing materials, color schme or any other exterior components, the
parties agree to arbitration as set forth in the declaration. The arbitrator's
decisions shall be based on whether the proposed siding, roofing material, color
scheme or other changes are in harmony with the design of the adjoining
dwelling unit.
(iii) Unit owners shall also be responsible for repairing, maintaining, replacing,
and/or reconstructing any fences, sidewalks and driveways within the common
elements appurtenant to their respective unit. Each unit owner shall also be
responsible for snow removal on the sidewalks and driveways within that unit
owners' common elements and all necessary lawn care.
4. Alterations or Improvements by Owner.; No Unit Owner shall make or permit to be made any
structural alteration to the Building without first obtaining written consent of the owner of the other Unit if such
alteration affects the firewall separating the two Units in the project. Alterations to the exterior of the Building shall
only be made in accordance with the provisions of this Article. Unit owner shall do no act or work which will impair
the structural soundness or integrity of the Building or safety of the property or impair any easement. The
improvement or alteration of a Unit shall cause no increase or decrease in the number- of ownership interests
appurtenant to sucb Unit.
ARTICLEYIII.
CONDITIONS OF AND RESTRICTIONS ON OWNERSHIP, USE, AND ENJOYMENT
I. Subjection of the Property to Certain Provision. The ownership, use. occupation, and enjoyment of
each Unit and of the Common Elements of the Regime shall be subject to the provisions of the Bylaws and this
Declaration, all of which provisions irrespective of where set forth or classified shall have equal status and shall be
enforceable and binding as a covenant, condition, restriction, or requirement running with the land and shall be
binding on and enforceable against each and all Units and the Owners thereof and their respective assigns, lessees,
tenants, occupants and successors in interest.
2. Use of Property. The use of the property shall be in accordance with and subject to the following
provisions:
(a) A unit shall be used or occupied for living Qr dwelling purposes only.
(b) A Condominium may be rented or leased by the Owner or his or her lessee, provided the entire
Unit is rented. No lease shall relieve the Owner as against the Association and other Owners from any
responsibility or liability imposed by the Condorminium Documents.
(c) Nothing shall be altered in, constructed in" or removed from, the Common Elements except upon
written consent of the Association, which may be given through regulatious of the Association, and
further provided that any holder of a first mortgage which acquires possession of a Unit by foreclosure
or by deed in lieu of foreclosure shall have the right to post signs for sale or rental of such Unit until
such Unit is sold or a lease is entered into.
(d) No activity shall be allowed which unduly interferes with the peaceful possession and use of the
property by the Unit Owners nor shall any fire hazard or unsightly accumulation of refuse be allowed.
(e) Nothing shall be done or kept in any Unit or in the common area which will increase the rate of
insurance on the common area, without the prior written consent of the Association. No Owner shall
pennit anything to be done or kept in his or her Unit or in the common area which will result in the
cancellation of insurance on any Unit or any part of the common area, or which would be in violation
of any law.
(f) The Association shall have the authority t6 adopt rules and regulations governing the use of the
property and such rules shall be observed and obeyed by the Owners, their guests and invitees.
(g) Agents of or contractors hired by the Association may enter any Unit when necessary in
connection with any maintenance, landscaping, or construction for which the Association is
responsible, provided such entry shall be made with as little inconvenience to the Owners as
practicable.
(h) A Unit Owner shall give notice to the Association of every lien against his or her Unit other than
permitted mortgages, taxes, and Association a$sessments, and of any suit or other proceeding which
may affect the title to his or her Unit, within te\l (10) days after the lien attaches or the Owner receives
notice of such Unit.
(i) A Unit Owner shall be liable to the Association for the expense of any maintenance, repair, or
replacement rendered necessary by his or her act, neglect, or carelessness, or by that of his or her
family, guests, employees, agents, or lessees, which liability shall include any increase in insurance
rates resulting there from.
3. No Waiver. Failure of the Association or any Owner to enforce any covenant, condition, restriction or
other provision of Chapter 499B of the Code of Iowa (2005), this Declaration, the Bylaws of the Association, or the
rules and regulations adopted pursuant thereto, shall not constitute a waiver of the right to enforce the same
thereafter.
ARTICLE IX.
INSURANCE AND CASUALTY
1. Unit Owners, Obligation to Insure. Each unit owner shall obtain and keep in force a policy or
policies of insurance providing fIre and other hazard coverage for at least eighty percent (80%) of the value of the
building located within the owners' unit.
2. Restoration in the Event of a Casualty. Restoration of the building located within each of the units
shall be accomplished in accordance with the terms of this declaration.
3. Personal Liability ou Individual Units. An Owner may carry such personal liability insurance, in
addition to that herein required, as he or she may desire. In addition, such fIxtures and mechanical equipment located
within a Unit such as plumbing fIxtures, electrical lighting fIxtures, kitchen and bathroom cabinets and counter tops,
air-conditioning and water heater together with additions thereto and replacements thereof, as well as the personal
property of the Unit Owner, may be separately insured by such Owner, such insurance to be limited to the type of
and nature of coverage often referred to as "Condominium Unit-Owners Insurance". All such insurance separately
carried shall contain waiver of subrogation rights by the carrier as to negligent Owners.
ARTICLE X.
MORTGAGEE PROTECTIONS
1. Right 10 Mortgage. Each Unit Owner shal] have the right, subject to these provisions, to grant
separate Mortgages for his or her Unit together with the respective ownership interest in the Common Elements. No
Unit Owner shall have the right or authority to make or create or cause to be made or created from the date hereof
any Mortgage or other lien on or affecting the Project or any part thereof, except only to the extent of his or her own
Unit and the respective ownership interest in the Common Elements appurtenant thereto.
2. Mortgagee Protections. Notwithstanding any and all provisions hereof to the contrary, the following
provisions are added hereto (and to the extent that these added provisions conflict with any other provisions of the
Declaration, these added provisions shall control):
(a) Notice to Morteaeee of Default. Each holder of a First Mortgage encumbering any Unit is entitled
to written notification from the Association of any default by the Mortgagor of such Unit in the
performance of such Mortgagor's obligations under the Declaration or the Bylaws of the Association,
which is not cured within thirty (30) days.
(b) Riehts of Morteaeees under Foreclosure. Each holder of a First Mortgage encumbering any Unit
which comes into possession of such Unit pursuant to the remedies provided in such Mortgage, or by
foreclosure of such Mortgage, or by Deed (or Assignment) in lieu of foreclosure of such Mortgage
shall be exempt from any restriction or the sale or rental of such Unit including, but not limited to,
restrictions on the posting of signs pertaining to the sale or rental of such Unit.
(c) Morteaees Free and Clear of Lien. Any First Mortgagee who obtains title to a Unit, pursuant to the
remedies provided in the Mortgage or foreclos~e of said Mortgage, will not be liable for such Unit's
unpaid dues or charges which accrue prior to the acquisition of title to such Unit by the Mortgagee.
(d) Restrictions on Association. Unless at least seventy-five (75%) of the First Mortgagees (based on
one vote for each First Mortgage owned) or Owners (other than declarant) of the individual Units have
given their prior written approval, the Association shall not be entitled to:
(I) By act or omission seek to abandon or terminate the Project;
(2) Change the pro rata interest or obligations of any individual Unit for the purpose of:
(i) Levying assessments or charges or allocating distributions of hazard insurance proceeds
or condemnation awards, or
(ii) Determining the pro rata share of ownership of each Uuit in the Common Elements;
(iii) Partition or sub-divide any Unit;
(iv) By act or omission, seek to abandon, sub-divide, encumber, sell or transfer the Common
Elements. (The granting of easemettts for public utilities or for other public purposes
consistent with the intended use of the Common Elements by the Condominium project shall
not be deemed a transfer within the. meaning of this clause.).
(v) Use hazard insurance proceeds fur losses to any Condominium property (whether to
Units or to Common Elements) for other than the repair, replacement or reconstruction of
such Condominium property, except as provided by statute in case of substantial loss to the
Units and/or Common Elements of the Condominium Project.
(e) Morteaeees' Riehts. All First Mortgagees shall have the right upon written request to examine the
books, records, and financial statements of the Association or the Condominium Project at any time
during normal business hours. This right of inspection shall include, but shall not be limited to,
inspection of (and copies of if requested) all the Condominium Documents, audited financial
statements, and other related materials. Similar inspection privileges shall be extended to prospective
Mortgagees upon adequate showing of anticipated purchase of a unit and to such other persons as may
be necessary to comply with the lending requirements of the Federal Home Loan Mortgage
Corporation, FNMA or FHA.
(I) Maintenance Reserve Fund. The Board shall establish and fund out of regular monthly
assessments a reserve fund for the periodic maintenance of the Common Elements in such amounts as
the Board deems reasonable to provide for such expenses.
(g) Workine Caoital Reserve Fuud. The Board shall establish and fund out of regular monthly
assessments a reserve fund for working capital needs equal to at least two (2) month's Common Area
assessments for each Unit. This fund may be dissolved by resolution of the Board at any time after one
year from the date of its establishment.
(h) Notice of Dama2e. The Association shall give the Federal Home Loan Mortgage Corporation
notice (c/o Servicer, at Servicer's address) in writing of any loss to, or taking of, a Common Element of
the Condominium Project if such loss or taking exceeds Ten Thousand Dollars ($10,000.00), or
damage to a Unit covered by a Mortgage purchased in whole or in part by Federal Home Loan
Mortgage Corporation exceeds One Thousand Dollars ($1,000.00).
(i) !osurance Proceeds Unon Dama2e. In the event of substantial damage to or destruction of any Unit
or any part of the Common Elements, the Mort$agee of a Unit will be entitled to timely written notice
of such damage or destruction, and no provision of this Declaration or another document establishing
the Project will entitle the Unit Owner or other party to priority over such Mortgagee with respect to
the distribution of any insurance proceeds.
Ul Condemnation. If any Unit or portion thereof or the Common Elements or any portion thereof is
made the subject matter of any condenmation or eminent domain proceeding or is othetwise sought to
be acquired by a condemning authority, the Mortgagee of a Unit will be entitled to timely written
notice of any such proceeding or proposed acquisition, and no provision of this Declaration or any
other document establishing the Project shall entitle the Unit Owner or other party to priority over such
Mortgagee with respect to the distribution of the proceeds of any award or settlement.
(k) Association Meetin2s. Any Mortgagee making a written request to do so shall be entitled to notice
of all Association meetings and may designate a non-voting representative to attend all such meetings.
ARTICLE XI.
TERMINATION
I. Procedure. The Condominium may be terminated in the following manner, in addition to the manner
provided by the Horizontal Property Act:
(a) Destruction. In the event it is detennined in the manner elsewhere provided that the Bnilding shall
not be reconstructed because of major damage, the Condominium plan of ownership will be thereby
terminated in compliance to the provisions of Section 4998.8 of the Code ofIowa (2005).
(b) AlITeement. The Condominium may be terminated at any time by the approval in writing of all of
the Owners of the Condominium and by holders of all liens affecting any of the Units by filing an
instrument to that effect, duly recorded, as provided in Section 499B.8 of the Code of Iowa (2005). It
shall be the duty of each Unit Owner and his or her respective lien holder to execute and deliver such
instrument and to perform all acts as in manner and form may be necessary to effect the sale of the
Project when at a meeting duly convened of the Association, the Owners of 100% of the voting power,
and all record owners of mortgages upon Units in the Regime, elect to terminate and/or sell the Project.
(c) Certificate. The termination of the Condominium in either of the foregoing manners shall be
evidence by a certificate of the Association executed by all members of the Association and their
respective holders of all liens affecting their interest in the Condominium, certifying as to facts
effecting the termination, which certificate shall become effective upon being recorded in the office of
the Johnson County Recorder in Iowa City, Iowa.
2. Form of Ownership after Termination. After termination of the Condominium, the Project will be
held as follows:
(a) The property (land and improvements) shall be deemed to be owned in common by the Owners.
(b) The undivided interest in the property owned in common which shall appertain to each Unit
Owner shall be the percentage of undivided interest previously owned by such Owner in the common
area and facilities.
(c) Any liens affecting any of the Condominiums shall be deemed to be transferred in accordance
with the existing priorities to the undivided interest of the Owner in that property.
(d) After termination, the net proceeds of sale, together with the net proceeds of the insurance on the
property, if any, shall be considered as one fund and shall be divided among all the Owners in a
percentage equal to the percentage of undivided interest owned by each Owner in the Common
Elements; after first paying out of the respective shares of the Owners, to the extent sufficient for that
purpose, all liens on the undivided interest in the property owned by each Owner.
ARTICLE XII.
AMENDMENTS AND MISCELLANEOUS
1. Procedure. Except as otherwise provided in this Declaration, this Declaration may be amended and
such amendment shall be made in the following manner;
(a) Notice. Notice of the subject matter of a proposed amendment shall be included in the notice of
any meeting at which a proposed amendment is considered. Holders of a first mortgage of record shall
receive notice of such proposed amendment as provided in the Bylaws of the Association.
(b) Resolution. A resolution adopting a proposed amendment may be proposed by any member of the
Association. Except as provided elsewhere, the resolution must be adopted by a majority vote of all
Owners entitled to vote, in person or by proxy; provided, however, no amendment effecting a
substantial change in this Declaration or the Bylaws of the Association shall affect the rights of the
holder of any such mortgage recorded prior to recordation of such amendment who does not join in the
execution thereof and who does not approve said amendment in writing.
(c) Bvlaws. In the case of an amendment to this Declaration by reason of an amendment to the
Bylaws of the Association, then in the manner specified in such Bylaws.
(d) Execution and Recordin~. An amendment adopted pursuant to (b) or (c) above shall be executed
by an officer specifically delegated to do so with the formalities required by Chapter 499B of the Code
of Iowa (2005). Upon the recordation of such instrument in the office of the Johnson County Recorder,
the same shall be effective against any persons owning an interest in a Unit or the Regime.
2. Amendment of Ownership Interest. No amendment shall change the percentage of ownership in the
Common Elements appurtenant to a Unit, nOf increase the Owner's share of the common expenses unless the record
Owner of the Unit concerned and all record owners of mortgages thereon shall affmnatively join in the adoption of
such amendment.
IN WITNESS WHEREOF, Declarants have executed this Amendment to Declaration the day and year first above
written.
CnOWAU,CITY
~.'-~
Mayor
-..
Attest:
777~A'~ ~
City lerk .
~vJ
Approved:
~'C;
City Alto ey
1/~7
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this _ q-lc, _ day of -.i~ , 2001 before me, the undersigned, a notary public in and
for the State of Iowa, personally appeared RoYs Wilburn and Marian K. Karr, to me personally known, who being by
me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the
said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by them voluntarily execut<Jl!\
t'lo SONDRAEFORT ~-~
o ~CommissionNumb.r159791 Notary U lC ln an tor the ~Tate Glt Iowa
. . My Commi ion Ires
Q~.4~
se D. Coleman
elL, :
1YtLe".yt ,(~.
Carlenise L. Coleman
:aJ~\AL ~
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o '"
z r
. .
I
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
On this ~ day of 1~ ,200'1 before me, the undersigned, a Notary Public in and for the above-named
county and state, per~esse D. Coleman, and Carlenise L. Coleman, to me known to be the identical
persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same
as his/her voluntary act and deed.
t2w-)9~
Notary Public in and for the State ofIowa
'l\1\'\AL ~
o '"
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. .
lOW'"
EXHIBIT "D"
BYLAWS OF LOT 12, LO.NGFELLOW MANOR CONDOMINIUMS
OWNER'S ASSOCIATION
These are the Bylaws of the Council of Co-Owners for The Lot 12, Longfellow Manor Condominiums
Owner's Association, an Association organized for the purpose of administering Lot 12, Longfellow Manor
Condominiums, a horizontal property regime (condominiums) established pursuant to Chapter 499B of the 2005
Code ofIowa, as amended, located on the following land in the City ofIowa City, Johnson County, Iowa:
Lot 12, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in
Book 35, page 274, Plat Records of Johnson County, Iowa.
I. MEMBERS AND VOTING RIGHTS
I. The owners of each condominium unit shall constitute the members of the Association and
membership shall automatically cease upon termination of all interests which constitute a person an owner.
Whenever only one spouse is a record titleholder, the other spouse shall be considered an owner for the purposes of
membership, and shall be bound by the provisions of all condominium documents.
2. An owner of record shall be recognized as a member without further action for so long as he holds an
ownership interest. If ownership is acquired but not of record, or if acquired other than by way of conveyance, or
other formal instrument of transfer (such as by death, judicial act or dissolution), the person acquiring or succeeding
to ownership shall present the Council of Co-Owners of the Association evidence satisfactory to it of facts
evidencing lawful ownership status prior to exercise of any rights of membership in the Association. (Failure to
provide such evidence shall not, however, relieve an owner of his ownership obligations). A fiduciary or other
official acting in the representative capacity shall exercise all membership rights and privileges of the owner which
he represents.
3. If more than one person is the owner of the same unit, all such owners shall be members and remain
jointly and severally liable for all membership obligations. In such cases, or if more than one fiduciary or other
official is acting in the premises, the votes entitled to be cast by the owners of that unit shall be cast by the person
named for that purpose on a certificate signed by all such owners or fiduciaries or other officials and filed with the
Council of Co-Owners and such person shall be deemed to hold an ownership interest to such for purposes ofvoling
and determining the representation of such ownership interest at any meeting or for purposes otherwise provided
herein. If such certificate is not executed and filed with the Council of Co-Owners, such membership shall not be in
good standing and the votes for that unit shall not be considered in considering a quorum or a vote or for any other
purposes until this Bylaw is complied with.
4. The owner of each unit shall be entitled to one (I) vote on all matters to be determined by the members
of the Association either as owners or as units or as contemplated by Chapter 499B of the 2005 Code of Iowa, as
amended, pursuant to the Declaration, including any supplements or amendments thereto, submitting the property to
the regime. Votes of a single unit may not be divided.
II. COUNCIL OF CO-OWNERS
1. The affairs of the Association shall be managed by the Council of Co-Owners (Council). The Council
shall consist of all members of the Association. An officer or designated agent of a. partnership or corporate member
shall qualifY to serve on the Council.
III. POWERS AND DUTIES OF THE
COUNCIL OF CO-OWNERS
All of the powers and duties of the Association shaU be exercised by the Council, including those existing
under the common law and statutes, and the documents establishing the Condominium Regime. Such powers and
duties of the Council shall be exercised in accordance with the provisions of the Declaration of Condominiums
which governs the use of the land, and in addition to those elsewhere provided, shall include but not be limited to the
following:
1. The enforcement by legal means of the provisions of the Horizontal Property Regime, the Articles and
Bylaws of the Association, Declaration, and the regulations for the use of the property in the Regime; and to take
legal action in the name of the Association and on behalf of its members.
2. To carry insurance on the property committed to the Regime and insurance for the protection of unit
owners, and occupants and the Association, if authorized by the members.
3. To conduct all votes or determinations of the members other than at a membership meeting.
4. To do such other acts as are necessary and proper to affect the purpose of the Regime as slated in the
Declaration and these Bylaws provided such acts are not otherwise prohibited.
IV. OFFICERS
1. The officers of the Association shall be the President, a Vice President, and a Treasurer-Secretary
which offices may be filled by one person. All such officers shall be elected annually by the Council from the
members of the Association. Each officer shall have the powers and duties usually vested in such office, and such
authority as is committed to the office by the Bylaws or by specific grant from the Couucil, but subject at all times to
the provisions of the Bylaws and to the control of the Council.
2. The President shall be the chief executive officer of the Association. He shall preside at all meetings of
the Council and shall have power to appoint committees from among the members to assist in the conduct of the
affairs of the Association and the Regime.
3. The Vice President shall preside over the Council meetings in the absence or disability of the
President, and shall otherwise exercise the powers and duties of the President in the event of the absence or
disability of the President and shall generally assist the President and exercise such other powers and duties as are
prescribed by the Council.
4. The Secretary and Treasurer, which shall constitute one office, shall keep the minutes of all
proceedings of Council meetings and shall have custody and control of the Minute Book of the Association and shall
keep or be in charge and control of the records of the Association and additionally as Treasurer have control of the
funds and other property of the Association and shall keep the financial books and records thereof.
5. Any instrument affecting an interest in real property may be executed by the President or Vice
President and one other officer upon authorization of the Councilor in sucb manner as the Council may otherwise
direct.
V. AMENDMENT
1. These Bylaws may be amended, altered, repealed or new Bylaws adopted by the members at a regular
or special meeting of the members upon the affirmative vote of 100% of all votes entitled to be cast; provided,
however, no amendment effecting a substantial change in these Bylaws shall affect the rights of the holder of any
mortgage recorded prior to recordation of such amendment who does not join in the execution thereof and who does
not approve said amendment in writing.
2. To the extent provided by Section 499B.14 of the 2005 Code ofIowa, as amended, no modification nor
amendment to these Bylaws shall be effective unless set forth in an amendment to the Declaration of Condominium,
executed and recorded in the manner set forth in the Declaration and an amendment to these Bylaws shall constitute
an amendment to the Declaration as provided for by law. Upon such recording, said amendment shall be effective
against all persons having an interest in a unit or the Regime regardless of whether said person had such interest at
the time said amendment was adopted.
VI. MISCELLANEOUS PROVISIONS
1. The invalidity of any portion of these Bylaws shall not affect the validity of the remaining provisions
or portions hereof.
2. The Association shall not have and employ a corporate seal.
3. The Association shall promulgate such Rules and Regulations as it deems to be in the best interests of
all owners within the Regime.
4. Each member shall have the obligations as such member as are imposed on him by the regime
documents as an owner, and no member shall have any power or authority to incur a mechanic's lien or other lien
effective against the regime property except as the same may attach ouly against his interest therein.
5. The Council may, in its discretion, issue written evidence of membership, but the same shall be
evidence thereof only and in no manner shall be transferable or negotiable, and the share of the member in the assets
of the Association cannot be assigned, hypothecated, or transferred in any manner except as appurtenant to such
assignment, hypothecation or transfer of the unit.
6. No provision or restriction otherwise void by reason of application of the Rule Against Perpetuities
shall continue for a period longer than the life of the last to survive of the owners or present officers of the
Declarant, and their children in being, at the time of the initial recording of the Declaration of Condominium and
twenty-one years thereafter.
7. Each owner or lessee of his unit, as applicable, shall have a right to use and enjoy the limited common
elements appurtenant to such unit provided that such use shall be limited to the uses permitted by the Declaration of
Condominium and other governing documents of the Regime.
VII. MEMBERS' MEETINGS
I. Meetings of the members of the Association may be called for any purpose by a unit owner.
2. Written or printed notice stating the place, day and hour of the meeting and the purpose for which said
meeting is called, shall be delivered not less than 5 or more than 60 days before the date of the meeting, either
personally or by mail, by or at the direction of any officer or any unit owner. If mailed, such notice shall be deemed
to be delivered when deposited in the United States mail, addressed to the member at his or her last known address.
This notice requirement may be waived, in writing, by a unit owner representing each unit.
3. A quorum at a members' meeting shall consist of a representative. either in person or by proxy,
representing each unit.
VIII. DEFINITIONS
Unless the context otherwise requires, the terms used herein shall have the meanings stated m the
Horizontal Property Act, and as follows:
1. Person. The term l1personl1 shall include an individual, a corporation, or other legal entity or its
representative.
2. Owner. The term "owner" for purposes of these Bylaws shall mean any person who owns or holds for
himself an interest in one or more units subject to the Regime provided that the holder of a leasehold interest in a
unit shall not be an owner and further provided that the holder of an equitable interest shall be an owner.
3. Sinl!Ular. olural and ~ender. Whenever the context so permits or requires the use of the singular shall
include the plural; the plural the singular, and the use of any gender shall include all genders.
MitchID/938 & 940 Longfellow
'f eJ J)
Pre ared b & Re urn To:
on St. Iowa Cit IA 5224 319 356-5030
OF SUBMISSION OF PROPERTY
ESTABLISHING A PLAN FOR
ERSHIP OF PREMISES
OW MANOR CONDOMINIUMS
This Amendment to Declarati of bmission of Property to the Horizontal Regime is made and executed
in Iowa City, Iowa, the day 0 , 200_, by the City of Iowa City, an Iowa Municipal
Corporation, and Jesse D. Coleman Carlenise L. Coleman, hereinafter referred to as "DECLARANTS",
pursuant to Article XIII of the Declarati of Submission of Property to Horizontal Regime Establishing a Plan for
Condominium Ownership of Premise, t 12, Longfellow Manor Condominiums recorded with the Johnson
County Recorder July 3, 2006, at B k 40 , Page 4, and the provisions of the Horizontal Property Act, Chapter
499B, Code ofIowa (2005).
WITNESSETH:
TS are the own s of938 Longfellow'Place and 940 Longfellow Court, Lot
12, Longfellow Manor Con miniums, located on ce real property located in Iowa City, Iowa, and more
particularly described as fo ows:
Lot 12, Longfe w Manor, Iowa City, low according to the plat thereof recorded in
Book 35, page 274, PIa ecords of Johnson County, I
WHEREA . ts within condominium regime established by the
Declaration of Sub . ssion of Property to Horizontal Regime tablishing a Plan for Condominium Ownership of
Premises, Lot 12,)::ngfellow Manor Condominiums recorded .th the Johnson County Recorder July 3, 2006, at
Book 4047, page!, and the provisions of the Horizontal Property ct, Chapter 499B, Code ofIowa (2005);
and~
WH AS, pursuant to Article XIII of said Declaration, DEC TS desire and intend by filing this
Amendment. amend said Declaration to address issues with respect to dis te resolution, common elements and
insurance re~uirements within the condominium regime;
N/..W, THEREFORE the DECLARANTS do hereby publish and declare that the Declaration of
Submissi/n'ofProperty to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises, Lot 12,
Longfell6w Manor Condominiums recorded with the Johnson County Recorder July 3, 2006, at Book 4047, Page 4
is herebS' amended as follows:
(I) Exhibit D attached to said Declaration, is amended by addition of the following paragraph 5 to Article I
thereof: Arbitration of Differences. In the event any dispute arising that concerns any matter to be determined by
the members of the Association results in a I to I vote, the members agree to first engage in good faith negotiations
to resolve any such dispute. In the event that they are unable to resolve any such dispute by negotiating, the owner
of each unit shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision
of the majority of all the arbitrators shall be final and conclusive of the questions presented. If either owner refuses
or fails to promptly appoint an arbitrator, the same may be appointed by an judge of the District Court of Iowa in
and for Johnson County. Arbitration shall be in accordance wit!!Jhe es of the American Arbitration Association,
and the cost thereof shall be shared equally by the owner ~/....
and
(2) Articles I through XIII of sai Declaration are hereby d eted in their entirety and replaced with the
following:
a.
, shall mean the City ofIowa City, an Iowa Municipal
an , having made and executed this Declaration.
I. DECLARANTS. The term "
Corporation, and Jesse D. Coleman and C
2. DECLARATION. The term "DECL nON" shall mean this instrument by which Lot 12,
Longfellow Manor Condominiums is establis ed as ovided under the Horizontal Property Act.
3. PROJECT. The term "PROJE
this Declaration to be divided into Condomini
" hall mean the entire parcel of real estate property referred to in
, including all structures thereon.
4. UNIT. The Regime will consist
Place and 940 Longfellow Court. The te
boundaries:
ne (I) Building which will contain two (2) units, 938 Longfellow
" shall mean that space encompassed within the following
er Boundary: The horizontal plane thirty-five (35) feet above the top
ace of the concr e floor slab of the lower level of the building-
(ii) Lower Boundary: horizontal plane twenty (20) feet below the top surface
of the concrete floor s b of the lower level of the building.
b. 'cal (perirnetric) boundaries: The vertical boundaries of each unit shall be a vertical
e in the center of the fire wall hich divides the building and vertical planes five (5)
fe outside the exterior surface of e building extended to intersections with each other
d with the upper and lower boun 'es.
COMMON ELEMENTS. The term "LIMI D COMMON ELEMENTS" shall have the
ARTICLE V.
6. BU INGS. The term "BUILDING" shall mean and include e one BUilding, consisting of two (2)
unit dwelling stru tures with a garage for each unit as constructed on the relli estate described herein. The one
building constitu s the sole building included in the condominium regime.
7. C NDOMINIUM. The term "CONDOMINIUM" means the entire estate in the real property owned
by any Owner, consisting of an undivided interest in the Common Elements and ownership of a separate interest in a
Unit.
8. OWNER. The term "OWNER" means any person with an ownership interest in a Unit in the Project.
9. ASSOCIATION. The term "ASSOCIATION" means Lot 12, Longfellow Manor Condominiums
Owners Association and its successors, a council of co-owners.
10. COUNCIL OF CO-OWNERS. The term "COUNCI!,.,QF CO-OWNERS" means all co-owners of the
building and is otherwise known and synonymous with the term "ASSOCIATION" and/or "HOMEOWNER'S
ASSOCIATION".
y coven t, restriction, agreement, undertaking, or other
ect the v idity of the remaining portions thereof.
II. CONDOMINIUM DOCUMENTS. The term "CONDOMINIUM DOCUMENTS" means this
Declaration, and all Exhibits attached hereto includ'
12. PLURAL AND GENDER. Wheneve the context so pe 'ts or requires, the singular shall include the
plural and the plural the singular, and the use of any ender shall incl de all genders.
13. SEVERABILITY. The invalidity of
provisions of any Condominium Document shall not
DESCRIPTION OF M , BUILDING AND UNITS
14. INCORPORATION. Exhibits attached reto d referred to herein are hereby made a part hereof
with the same force and effect as other provisions of thi, Do ument.
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I. Description of Land. The land sub tied to e Regime is located at 938 Longfellow Place and 940
Longfellow Court, Iowa City, Johnson County, I wa, and i legally described as follows:
Lot 12, Longfellow Manor, Iowa
Book 35, page 274, Plat Records
ity, Iowa ac ording to the plat thereof recorded in
Johnson Cou ty, Iowa.
2. Description of Buildings. T e Condominium R' gime will consist of one building which will contain
two (2) units. The building and each uni are constructed to th general specifications as set out in detail in Exhibit
"A" to this Declaration. The building site plan, showing a otprint of the building and the individual units is
attached as Exhibit "B".
3. Description of the U ts. The Condominium Reg e consists of one Building, with two (2) Units
. each built according to the specifi tions set out at Exhibit "A". oth units are one level ranch-style and contain a
living room, dining room, kitchen three bedrooms, and a front por and patio or deck. Both units include a garage.
The plans of the b 'Iding and the two 'ts are attached as Exhibit"C".
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ARTICLE III.
OWNERSHIP INTERESTS
1. Exclusive Ownership and Possession by Owner. Each Owner shall be entitled to exclusiye
ownership and possession of his or her Unit. Each Owner shall be entitled to an undivided fifty percent (50%)
interest in the Common Elements. Said percentage of the undivided interest of eaih Owner in the Common
Elements shall have a permanent character and shall not be altered without the consent f all Owners expressed in an
amended Declaration duly recorded. The percentage of the undivided interest in the C nunon Elemeuts shall not be
separated from the Unit to which it appertains and s e deemed to be conveyed r encumbered or not expressly
mentioned or described in the conveyance or 0 instrument. Each Owner ma use the Common Elements in
accordance with the purpose for which they are . tended, without hinderiug or euc oaching upon the lawful rights of
the other Owners.
4. General Common Elements. The project
2. Appurtenances. There shall pass
separately described, all appurtenances to such Uni
transferred or otherwise disposed of except in co
itself or of all Units in the Regime.
the ownership of eae Unit as a part thereof, whether or not
and no part of the app enant interest of any Unit may be sold,
ction with the sale transfer or other disposition of such Unit
3. Undivided Fractional Interest. An undi ided interest n the land and other Conunon Elements of the
Regime shall be appurtenant to each Unit. The arnoun
half(1/2).
5. Limited Common Elements. The exclusive
deemed an appurtenance of the unit for which said elemen
limited to the uses permitted by this Declaration and other
by Owners of the Limited Conunon Elements shall be
are reserved, provided such use and enjoyment shall be
dominium Documents.
6. Association Membership and Voting ppurtenant to each Unit shall be membership in the
Longfellow Manor Condominiums Association and 0 (1) vo in the affairs of the Association and of the Regime;
provided, however, that the exercise of such voti g and me bership rights shall be subject to the applicable
provisions of the Bylaws of the Association an of the oth Condominium Documents. The action of such
Association shall be deemed the action of the 0 ers; and such ction, when taken in accordance with the Bylaws
of the Association and this Declaration shall be fi I and conclusiv upon all Unit Owners.
(a) For ingress and egress throu
authorized;
maintenance, repair, and replacement as
7. Cross-Easements. Appurtenant each Unit shall be sements from each Unit Owner to each other
Unit Owner and to the Association, and from e Association to the re ective Unit Owners as follows:
(b) "Through the Units and co on facilities for maintenance, rep . and replacement or reconstruction of
Common Elements, but access 0 Units shall be only during reasonab hours except in case of emergency;
(c) Every portion ofa Unit ontributing to the support ofa Bnilding is
support for the benefit of all such other Units;
dened with an easement of such
(d) Through the Units and common areas for conduits, ducts, plumbing, wiring and other facilities for the
furnishing of utility or o~r services to the other Units in the common areas.
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ARTICLE IV.
LIMITED COMMON
ENTS
1. Definition. The term "Limited Conunon El ents" shall mean, and s ch elements shall consist of. The
real estate inunediately adjacent to each unit divided y the same plane which s artes the units, said plane being
extended to meet the side boundary lines of the lot 0 which such unit is located and is part of the real estate which
is covered by this declaration. Each limited conuno element shall be reserved or the sole and exclusive use by the
owners of the un to which it is appurtenan .
2. Exceptiou. Notwithstanding the reserv tions made by this Artic e, the design of the Buildings, grounds
to be submitted and the integrity and appearance of e Regime as a whole e the conunon interests of all Owners
and, as such, shall be subject to the terms and restrict ns of this declaratio'Y-
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AR ICLE V.
DECLARANT'S RESER ED RIGH
1. Declarant's Activities. Declarants are irr 1o'ocably and perpetually empowered, notwithstanding any
use, restriction or other provision hereof to the contrary, 0 sell ease or rent Units to any person and shall have the
right to transact on the Condominium property any busin ss rating to construction, repair, remodeling, sale, lease
or rental of Units, including but not limited to, the right t intain signs, employees, independent contractors and
equipment and materials on the premises, and to use Co Elements to show Units. All signs and all items and
equipment pertaining to sales or rentals or construction an any Unit furnished by the Declarants for sales purposes
shall not be considered Common Elements and shall rem its separate property. Declarants retain the right to be
and remain the Owner of any completed but unsold U t der the same terms and conditions as other Owners,
including membership in the Association save for its ri to ell, rent or lease.
2. Easements. Declarants expressly reserve erpetu~ easements for ingress, egress and utility purposes
as may be required across and under the land submitt hereby. \
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TICLE vi.
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ENT OF TuF.,REGIME
1. Association; Council of Co-o ers. The operation of the Condominium shall be by a membership
association. The name of the Association shal e "Lot 12, Longfello'W Manor Condominiums Owners Association".
Copies of its Bylaws are attached hereto and arked Exhibit "0". enever a vote or other action of Unit owners
as a group is required the mechanics of con ucting such a vote or such action shall be under the control and
supervision of the Association. The action the Association shall consti te the action of the Owners or the Council
of Co-owners whenever such action is pe 'tted orrequired herein or by apter 499B of the Code ofIowa (2005).
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2. Compliance. All owners, nants, families, guests and other persons using or occupying the Regime
shall be bound by and strictly comply th the provisions of the Bylaws of the Association and applicable provisions
of other Condominium Documents, d all agreements, regulations and determinations lawfully made by the
Association and its directors, officers or agents shall be binding on all such Owners and other persons. A faiiure to
comply with the Bylaws or the Pro~' ions of the other Condominium Documents or any agreement or determination
thus lawfully made shall be ground for an action to recover sums due for damages on the part of the Association or
any Owner, as applicable, or injun ive relief without waiving either remedy. .
3. Powers of Association. Each Owner agrees that the Association has and shall exercise all powers,
rights and authority granted unto it, the Council of Co-owners, and the Owners as a group by Chapter 499B of the
2005 Code of Iowa, and such as are more particularly set forth in the Condominium Documents, including but not
limited to the making of assessments chargeable to Owners and the creation of a lien 00 Units thereof, and to acquire
a Unit at foreclosure sale and to hold, lease, mortgage or convey the same. Each Owner hereby waives any rights to
delay or prevent such foreclosure by the Association which he or she may have by reason of a homestead
exemption.
4. Partition. All Unit Owners shall be deemed to have waived all rights of partition, if any, in connection
with such acquisition.
5. Membership, Voting Rights. The members of the Association shall consist of all of the record
Owners of Units. After receiving the approval of the Association elsewhere required, change of membership in the
Association shall be established by recording in the public records of Johnson County, Iowa, a deed or other
instrument establishing a record title to a Unit, in the Condominium andlhe membership of the prior Owner shall be
thereby terminated. The members of the Association shall be entitled to ast one (1) vote for each Unit owned by
such member.
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6. Restraint upon Assignment. The sh
be assigned, hypothecated or transferred in any m
of a member in e funds and assets of the Association cannot
er except as an a purtenance to his or her Unit.
7. Discharge of Liability. All Owners
against his or her Condominium.
scharge any lien which may hereafter be med
8. Limitation on Association's Liability The Asso ation shall not be liable for any injury or damage to
property caused by or on the Common Elements or b another wner or person in the Project or by any other means
unless caused by the gross negligence of the Ass ciatio . No diminution or abatement of common expense
assessments shall be claimed or allowed for ineanv . en e or discomfort arising from the making of repairs or
improvements of the Common Elements or from any ti n taken to comply with any law, ordinance or orders of a
governmental authority.
9. Arbitration of Differences. In the v t any dispute ansfig that concerns any matter to be
determined by the members of the Association res . a I to 1 vote, the members agree to first engage in good
faith negotiations to resolve any such dispute. I the e ent that they are unable to resolve any such dispute by
negotiating, the owner of each unit shall choos one itrator and such arbitrators shall choose one additional
arbitrator, and the decision of the majority of .11 the ar itrators shall be final and conclusive of the questions
presented. If either owner refuses or fails to p mptly'app . t an arbitrator, the same may be appointed by a judge
of the District Court of Iowa in and for Jo on County. itration shall be in accordance with the rules of the
American Arbitration Association, and the c t thereof shall shared equally by the owners.
1. Definitions. Certain te used in this Article shall ve a meaning as follows, provided any dispute
over meanings shall be conclusivelx decided by the Board of Directo of the Association:
D IMPROVEMENT.
(a) "Maintenancell r "repair" shall mean the act of maintaining, restoration, renovation,
reconstruction, repl cement, rebuilding and similar work n cessary to preserve a Unit or the property
in its original cond' ion as completed.
(b) "Improveme "shall mean the addition of a new structil{e, element or facility, other than a
structure, eleme t or facility otherwise provided for by this I;leclaration or any Supplementary
Declaration. '
2. Maintenance y Association. The Association shall have no obligation to maintain a unit or the
limited common elements a urtenant thereto.
3. Malntenanc'y Owner.
(a) Each Unit Owner at his or her own expense shall maintain that portion of the building located
within his unit, including the boundary surfaces of such Unit and its equipment, shall keep such
interior in a clean and sanitary condition, shall do all redecorating, painting and other finishing which
may at any time be necessary to maintain his or her Unit, and shall be responsible for the maintenance
of all personalty including carpets, furnishings, and appliances within such Unit.
(b) The Owner of each Unit shall be re onsible for maintaining the plumbing fixtures within the Unit
and heating and air conditioning unit se 'ng such Unit and all other utilities or portions thereof located
within the boundaries of his or her U . The Owner shall also, at his or her own expense, keep his or
her Unit in a clean and sanitary conditi n.
(c) The Unit Owner shall maintain, his or her expenfe, any improvement or other alteration made
by him or her.
(d) In the event of a destruc on of all or an portion of any unit by fire or other casualty, the
owner of such unit shall immediate y take what er precautions may be reasonably required to
preserve and protect any adjoining 't from r damage. In addition, in the event of any such
destruction, any damaged unit shall b reconstru ed, unless otherwise agreed by both owners. The
following provisions shall govern exte . or replac eots, maintenance and repairs and reconstruction:
(i) The owner of a dwelli unit may repair and replace exterior components of
such dwelling 't wi components similar to preexisting components and of
the same design d lor, and may paint the exterior of such dwelling unit with
paint of the exist g olor or colors, but such owner may not, either in the course
of ordinary rep ement, maintenance, repair and remodeling, or in the
restoration after amage or destruction, use different siding, roofmg or other
exterior compo ts, or a different color scheme, unless the owner of the
adjoining dwel unit gives a written consent to do so.
(ii) In the event an dispute arising between the unit owners concerning a change
of siding, r fing aterials, color schme or any other exterior components, the
parties agI; e to bitration as set forth in the deciaration. The arbitrator's
decisions hall be ed on whether the proposed siding, roofing material, color
scheme r other c anges are in harmony with the design of the adjoining
dwelli unit.
(iii) Unit wners shall so be responsible for repairing, maintaining, replacing,
and! reconstructing any fences, sidewalks and driveways within the common
ele ents appurtenant to their respective unit. Each unit owner shall also be
onsible for snow moval on the sidewalks and driveways within that unit
erst common elem 18 and all necessary lawn care.
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4. Alterations or Improvements by Owner. No Unit Owner shall make or permit to be made any
structural alteration to the Building without first obtaining written consent of the owner of the other Unit if such
alteration affects the ftrewall separating the two Units in the project. Alterations to the exterior of the Building shall
only be made in accordance with the provisions of this Article. Unit owner shall do no act or work which will impair
the structural soundness or integrity of the Building or safety of the roperty or impair any easement. The
improvement or alteration of a Unit shall cause no increase or decrease in the number of ownership interests
appurtenant to such Unit.
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CONDITIONS OF AND REST
ERSHIP, USE, AND ENJOYMENT
I. Subjection of the Property to Certa Provision. e ownership, use, occupation, and enjoyment of
each Unit and of the Common Elements of the Re 'me shall e subject to the provisions of the Bylaws and this
Declaration, all of which provisions irrespective of were set rth or classified shall have equal status and shan be
enforceable and binding as a covenant, condition, re 'c:Z'o, or requirement running with the land and shan be
binding on and enforceable against each and an Units d e Owners thereof and their respective assigns, lessees,
tenants, occupants and successors in interest. ..
2.
provisions:
f
Use of Property. The use of the properw all be in accordance with and subject to the fonowing
(a) A unit shall be used or occupied ~/~ living
(b) A Condominium may be renteJ or leased b the Owner or his or her lessee, provided the entire
Unit is rented. No lease shall reliefe the Owner against tlie Association and other Owners from any
responsibility or liability impose<l'by the Condomi 'um Documents.
(c) Nothing shan be altered it); constructed in, or roved from, the Common Elements except upon
written consent of the Associl.tion, which may be g en through regulations of the Association, and
further provided that any hoJ,der of a first mortgage w 'ch acquires possession of a Unit by foreclosure
or by deed in lieu of forecll'lsure shall have the right to ost signs for sale or rental of such Unit until
such Unit is sold or a lease/is entered into.
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(d) No activity shan be;llnowed which unduly interferes .th the peaceful possession and use of the
property by the Unit O;fuers nor shan any fire hazard or uns htly accumulation of refuse be allowed.
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(e) Nothing shall be done or kept in any Unit or in the conunon area which will increase the rate of
insurance on the common area, without the prior written consent of the Association. No Owner shall
permit anything to be done or kept in his or her Unit or in the common area which will result in the
cancellation of insurance on any Unit or any part of the conunon area, or which would be in violation
of any law.
(f) The Association shall have the authority to adopt rules and regulations governing the use of the
property and such rules shall be observed and obeyed by the Owne,rs, their guests and invitees.
(g) Agents of or contractors hired by the sociation may
cOImection with any maintenance, landsca g, or construe
responsible, provided such entry shall be made with as lilt
practicable.
nter any Unit when necessary III
on for which the Association is
inconvenience to the Owners as
(h) A Unit Owner shall give notice to the
permitted mortgages, taxes, and Associatio assessments, an
may affect the title to his or her Unit, within ten (10) days a
notice of such Unit.
lien against his or her Unit other than
of any suit or other proceeding which
r the lien attaches or the Owner receives
(i) A Unit Owner shall be liable to the A ociation for the expense of any maintenance, repair, or
replacement rendered necessary by his or h act, neg! ct, or carelessness, or by that of his or her
family, guests, employees, agents, or lessee which Ii ility shall include any increase in insurance
rates resulting there from.
3. No Waiver. Failure of the Association or any wne to enforce any covenant, condition, restriction or
other provision of Chapter 499B of the Code of Iowa (2005 , \hi Declaration, the Bylaws of the Association, or the
rules and regulations adopted pursuant thereto, shall not co titute a waiver of the right to enforce the same
thereafter.
INSURANCE
ach un t owner shall obtain and keep in force a policy or
overage for at least eighty percent (80%) of the value of the
1. Unit Owners, Obligation to Insure.
policies of insurance providing fIre and other hazard
building located within the owners' unit.
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2. Restoration in the Event of a Cas"fIty. Restora ion of the bnilding located within each of the units
shall be accomplished in accordance with the tenys of this declar tion.
3. Personal Liability on Individua / Units. An Own~ may carry such personal liability insurance, in
addition to that herein required, as he or she m desire. In additio~ such fIxtures and mechanical equipment located
within a Unit such as plumbing fixtures, elec callighting fixtures,! kitchen and bathroom cabinets and counter tops,
air-conditioning and water heater together th additions thereto al/d replacements thereof, as well as the personal
property of the Unit Owner, may be separa ly insured by such O"""er, such insurance to be limited to the type of
and nature of coverage often referred to as IICondominium Unit-Ow\lers Insurance". All such insurance separately
carried shall contain waiver of subrogation 'ghts by the carrier as to mlgligent Owners.
ARTICLE X.
MORTGAGEE PROTECTIONS
1. Right to Mortgage. Ea It Unit Owner shall have the right, subject to these provisions, to grant
separate Mortgages for his or her Unit together with the respective ownership interest in the Conunon Elements. No
Unit Owner shall have the right or authority to make or create or cause to be made or created from the date hereof
any Mortgage or other lien on or affecting the Project or any part thereof, except only to the extent of his or her own
Unit and the respective ownership interest in the Conunon Elements appurteuant thereto.
2. Mortgagee Protections. Notwithstanding any and all provisions hereof to the contrary, the following
provisions are added hereto (and to the extent that these added provisions conflict with any other provisions of the
Declaration, these added provisions shall control):
<aJ Notice to Morteaeee of Defaull. Each holder of a First Mortgage encumbering any Unit is entitled
to written notification from the Association of any default by the Mortgagor of such Unit in the
performance of such Mortgagor's obligations under the Declaration or the Bylaws of the Association,
which is not cured within thirty (30) days.
(b) Riehts of Morteaeees under Foreclosure. Each holder of a First Mortgage encumbering any Unit
which comes into possession of such Unit pursuant to the remedies provided in such Mortgage, or by
foreclosure of such Mortgage, or by Deed (or Assignment) in lieu of foreclosure of such Mortgage
shall be exempt from any restriction or tOO sale or rental of such Unit including, but not limited to,
restrictions on the posting of signs pe 'ng to the sale or rental of such Unit.
Any First Mortgagee who obtains title to a Unit, pursuant to the
. foreclosure of said Mortgag: will not be liable for such Unit's
hor to the acquisition of titl to such Unit by the Mortgagee.
(c) Mort a es Free and Clear ofLi
remedies provided in the Mortgage
unpaid dues or charges which accrue
(d) Restrictions on Association. U
one vote for each First Mortgage 0
given their prior written approval, th
ss at least seventy-five (7 %) of the First Mortgagees (based on
ed) or Owners (other declarant) of the individual Units have
Association shall not b entitled to:
(I) By act or omission seek to a andon or terminate e Project;
(2) Change the pro rata interest y individual Unit for the purpose of:
(i) Levying assessments or ges or a cating distributions of hazard insurance proceeds
or condemnation awards, or
(ii) Detennining the pro rata sh ership of each Unit in the Conunon Elements;
(iii) Partition or sub-divide any U
(iv) By act or omission, seek to don, sub-divide, encumber, sell or transfer the Conunon
Elements. (The granting of e m nts for public utilities or for other public purposes
consistent with the intended u e of th Conunon Elements by the Condominium project shall
not be deemed a transfer wit n the me . g of this clause.).
(vJ Use hazard insuranc proceeds fo losses to any Condominium property (whether to
Units or to Conunon El ents) for oth than the repair, replacement or reconstruction of
such Condominium pro efly, except as p vided by statute in case of substantial loss to the
Units and/or Conunon lements of the Con minium Project.
(e) Morteaeees' RiclIts. All Ft.st Mortgagees shall ha the right upon written request to examine the
books, records, and fmancial/statements of the Associa 'on or the Condominium Project at any time
during normal business hOl,lrs. This right of inspection shall include, but shall not be limited to,
inspection of (and copies! of if requested) all the Co dominium Documents, audited financial
statements, and other relattd materials. Similar inspection 'vileges shall be extended to prospective
Mortgagees upon adequate showing of anticipated purchase a unit and to such other persons as may
be necessary to compli with the lending requirements the Federal Home Loan Mortgage
Corporation, FNMA or Fl'1A.
(I) Maintenance Reserve Fund. The Board shall establish
assessments a reserve fund for the periodic maintenance of the C
the Board deems reasonable to provide for such expenses.
d fund out of regular montWy
on Elements in such amounts as
(g) Workine Canital Reserve Fund. The Board shall establish an fund out of regular montWy
assessments a reserve fund for working capital needs equal to at least t 0 (2) month's Conunon Area
assessments for each Unit. This fund may be dissolved by resolution of the Board at any time after one
year from the date of its establishment.
(h) Notice of Damage. The Association shall give the Federal Home Loan Mortgage Corporation
notice (c/o Servicer, at Servicer's address) in writing of any loss to, or taking of, a Common Element of
the Condominium Project if such loss or taking exceeds Ten Thousand Dollars ($10,000.00), or
damage to a Unit covered by a Mortgage purchased in whole or in part by Federal Home Loan
Mortgage Corporation exceeds One Thousand Dollars ($1,000.00).
(i) Insurance Proceeds Uoon Damage. In the event of su tantial d~lge to or destruction of any Unit
or any part of the Common Elements, the Mortgagee 0 a Unit will b' entitled to timely written notice
of such damage or destruction, and no provision of is Declaration or another document establishing
the Project will entitle the Unit Owner or other p to priority 0 er such Mortgagee with respect to
the distribution of any insurance proceeds.
OJ Condemnation. If any Unit or portion there or the Co on Elements or any portion thereof is
made the subject matter of any condemnation or eminent do in proceeding or is otherwise sought to
be acquired by a condemning authority, the M rtgagee 0 a Unit will be entitled to timely written
notice of any such proceeding or proposed ac isition, d no provision of this Declaration or any
other document establishing the Project shall en .tle the 't Owner or other party to priority over such
Mortgagee with respect to the distribution of th procee s of any award or settlement.
(k) Association Meetings. Any Mortgagee m . g written request to do so shall be entitled to notice
of all Association meetings and may designate no -voting representative to attend all such meetings.
I. Procedure. The Condominium may be t rrnina ed in the following manner, in addition to the manner
provided by the Horizontal Property Act:
(a) Destruction. In the event it is d rrnined' the manner elsewhere provided that the Building shall
not be reconstructed because of ~or damage, the Condominium plan of ownership will be thereby
terminated in compliance to the p ovisions of Se tion 4998.8 of the Code ofIowa (2005).
(b) Agreement. The Condomi . um may be te . nated at any time by the approval in writing of all of
the Owners of the Condo . um and by holder of all liens affecting any of the Units by filing an
instrument to that effect, du recorded, as provi d in Section 499B.8 of the Code of Iowa (2005). It
shall be the duty of each U 't Owner and his or Ii respective lien holder to execute and deliver such
instrument and to perfo all acts as in manner d form may be necessary to effect the sale of the
Project when at a meetin duly convened of the As ociation, the Owners of 100% of the voting power,
and all record owners 0 mortgages upon Units in ill Regime, elect to terminate and/or sell the Project.
(c) Certificate. The rrnination of the Condomini in either of the foregoing manners shall be
evidence by a certifi ate of the Association execut d by all members of the Associatiou and their
respective holders f all liens affecting their inter t in the Condominium, certifying as to facts
effecting the term' ation, which certificate shall beco effective upon being recorded in the office of
the Johnson Coun Recorder in Iowa City, Iowa.
2. Form of Owne ship after Termination. After terrnina n of the Condominium, the Project will be
held as follows:
(a) The prop rty (land and improvements) shall be deemed to he owned in common by the Owners.
(b) The ~ivided interest in the property owned in common which shall appertain to each Unit
Owner sha be the percentage of undivided interest previously owned by such Owner in the common
area and f 'Iities.
(c) Any liens affecting any of the Condominiums shall be deemed to be transferred in accordance
with the existing priorities to the undivided interest of the Owner in that property. .
(d) After termination, the net proceeds of sale, together with the net proceeds of the insurance on the
property, if any, shall be considered as one fund and shall be divided among all the Owners in a
percentage equal to the percentage of undivided interest owned by each Owner in the Common
Elements; after first paying out of the respective shares of the Owners, to the extent sufficient for that
purpose, alltiens on the undivided interest in the property owned by each Owner.
AMENDMENTS LLANEOUS
1. Procednre. Except as otherwise provid in this D claration, this Declaration may be amended and
such amendment shall be made in the following mann
(a) Notice. Notice of the subject matter of a propo ed amendment shall be included in the notice of
any meeting at which a proposed amen ent is con idered. Holders of a first mortgage of record shall
receive notice of such proposed amendm t as prov ded in the Bylaws of the Association.
(b) Resolution. A resolution adopting a oposedbendment may be proposed by any member of the
Association. Except as provided elsewhe , the fe~olution must be adopted by a majority vote of all
Owners entitled to vote, in person Of Y pr~xy; provided, however, no amendment effecting a
substantial change in this Declaration or e .i;lylaws of the Association shall affect the rights of the
holder of any such mortgage recorded prio to 'recordation of such amendment who does not join in the
execution thereof and who does not approv said amendment in v.rriting.
(c) Bvlaws. In the case of an amendmen to this Declaration by reason of an amendment to the
Bylaws of the Association, then in the mann r specified in such Bylaws.
(d) Execution and Recordine. An amendme t adopted pursuant to (b) or (c) above sball be executed
by an officer specifically delegated to do so .th the formalities required by Chapter 499B of the Code
ofIowa (2005). Upon the recordatiol\of such nstrument in the office of the Johnson County Recorder,
the same shall be effective against "11y persons wning an interest in a Unit or the Regime.
2. Amendment of Ownership Inte~est. No amen ent shall change the percentage of ownership in the
Common Elements appurtenant to a Unit, nOf increase the 0 erls share of the common expenses unless the record
Owner of the Unit concerned and all record owners of mortga es thereon shall affirmatively join in the adoption of
such amendment.
IN WITNESS WHEREOF, Declarants hl\~e executed this Amen ent to Declaration the day and year first above
written. '
CITY OF IOWA CITY
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Mayor
Attest:
City Clerk
Approved:
~.,z //~?
City Alto ey
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 200 ~ be,6re me, the undersigned, a notary public in and
for the Slate ofIowa, personally appeared Ross Wilb and MllI"iajl"'K. Karr, to me personally kuown, who being by
me duly sworn, did say that they are the Mayor and Ci Clerk, ~ectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affix d theret,d is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said m ipal c,0q,oration by authority of its City Council; and that the
said Mayor and City Clerk as such officers ackuowledg thljl" the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by them voluntaril o/'ecuted.
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STATE OF IOWA
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Jesse D. Coleman
Carlenise L. Coleman
JOHNSON COUNTY
On this _ day of
county and slate, personally app
persons.named in and who execut
as hislher voluntary act and deed. I
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, 200 ~ before me, the
Jesse D. Coleman, and
the within and foregoing .
dersigned, a Notary Public in and for the aboye-named
arlenise L. Coleman, to me kuown to be the identical
trument, and ackuowledged that he executed the saine
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Notary Public in and for the St~te oflowa
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EXHIBIT "D"
BYLAWS OF LOT 12, LONGFELLOW MANOR CONDOMINIUMS
OWNER'S ASSOCIATION
These are the Bylaws of the Council of Co-Owners for The Lot 12, Longfellow Manor Condominiums
Owner's Association, an Association organized for the purpose of administering Lot 12, Longfellow Manor
Condominiwns, a horizontal property regime (condominiwns) established pursnant to Chapter 499B of the 2005
Code ofIowa, as amended, located on the following 1 in the City ofIowa City, Johnson Connty, Iowa:
Lot 12, Longfellow Manor, Iowa C ty, Iowa according to the plat thereof recorded in
Book 35, page 274, Plat Records of ohnson countylowa.
I. MEMB RS AND VOT G RIGHTS
I. The owners of each condomi wn unit shall /'constitute the members of the Association and
membership shall automatically cease upon errnination of,all interests which constitute a person an owner.
Whenever only one spouse is a record titlehold r, the other sobuse shall be considered an owner for the purposes of
membership, and shall be bound by the provisi ns of all coniominiwn documents.
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2. An owner of record shall be reco . ed as a/member without further action for so long as he holds an
ownership interest. If ownership is acquired b not of ","cord, or if acquired other than by way of conveyance, or
other formal instrument of transfer (such as by eath, jVdicial act or dissolution), the person acquiring or succeeding
to ownership shall present the Council of C -Owners of the Association evidence satisfactory to it of facts
evidencing lawful ownership status prior to ex cise of any rights of membership in the Association. (Failure to
provide such evidence shall not, however, relie e an owner of his ownership obligations). A fiduciary or other
official acting in the representative capacity shall xercise all membership rights and privileges of the owner which
he represents.
3. If more than one person is the owner f the same unit, all such owners shall be members and remain
jointly and severally liable for all member~hip obi ations. In such cases, or if more than one fiduciary or other
official is acting in the premises, the vote. entitled t be cast by the owners of that unit shall be cast by the person
named for that purpose on a certificate signed by all ch owners or fiduciaries or other officials and filed with the
Council of Co-Owners and such person shall be deeme to hold an ownership interest to such for purposes of voting
and determining the representation of such ownership terest at any meeting or for purposes otherwise provided
herein. If such certificate is not executed and filed with e Council of Co-Owners, such membership shall not be in
good standing and the votes for that unit shall not be co . dered in considering a quonun or a vote or for any other
purposes until this Bylaw is complied with.
4. The owner of each unit shall be entitled to one ( vote on all matters to be determined by the members
of the Association either as o~ers or as units or as contemp ted by Chapter 499B of the 2005 Code of Iowa, as
amended, pursuant to the Decijlration, including any supplemen or amendments thereto, submitting the properly to
the regime. Votes of a single ljDit may not be divided.
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I II. COUNCIL OF CO-O ERS
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1. The affa~' s If the Association shall be managed by the Council of Co-Owners (Council). The Council
shall consist of all me ers of the Association. An officer or designated agent of a. partnership or corporate member
shall qualify to serve the Council.
III. POWERS AND DUTIES OF THE
COUNCIL OF CO-OWNERS
All of the powers and duties of the Association shall be exercised by the Council, including those existing
under the common law and statutes, and the documents establishing the Condominium Regime. Such powers and
duties of the Council shall be exercised in accordance with the provisions of the Declaration of Condominiums
which governs the use of the land, and in addition to those elsewhere provided, shall include but not be limited to the
following:
1. The enforcement by legal means of the provisions of the Horizontal Property Regime, the Articles and
Bylaws of the Association, Declaration, and the regulations for the use of the property in the Regime; and to take
legal action in the name of the Association and on behalf of its members.
3. To conduct all votes or determ' tions of the me bers other than at a membership meeting.
2. To carry insurance on the property co . tted the Regime and insurance for the protection of unit
owners, and occupants and the Association, if au orized by th members.
4. To do such other acts as are cessary and pro er to affect the purpose of the Regime as stated in the
Declaration and these Bylaws provided suc acts are not 0 rwise prohibited.
1. The officers of the Associatio shall b the President, a Vice President, and a Treasurer-Secretary
which offices may be filled by one person. All su officers shall be elected annually by the Council from the
members of the Association. Each officer sh I hav the powers and duties usually vested in such office, and such
authority as is committed to the office by the B la . s or by specific grant from the Council, but subject at all times to
the provisions of the Bylaws and to the control f fe Council.
2. The President shall be the chief ex utive officer of the Association. He shall preside at all meetings of
the Council and shall have power to appoint 10 'tlees from among the members to assist in the conduct of the
affairs of the Association and the Regime. i
3. The Vice President shall prJide ove the Council meetings in the absence or disability of the
President, and shaIl otherwise exercise 1IJ~ powers d duties of the President in the event of the absence or
disability of the President and shall gener/lIly assist the resident and exercise such other powers and duties as are
prescribed by the Council.
4. The Secretary and Treasurer, which shall nstitute one office, shall keep the minutes of all
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proceedings of Council meetings and sjlall have custody and ntrol of the Minute Book of the Association and shall
keep or be in charge and control of tIJi, records of the Associa . on and additionaIly as Treasurer have control of the
funds and other property of the AssO<;Iation and shall keep the cial books and records thereof.
may be executed by the President or V ice
in such manner as the Council may otherwise
5. Any instrument affeclmg an interest in real prop
Presidenl and one other officer upe/n authorization of the Council
direct. I
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i V. AMENDMENT .
1. These Bylaws ma be amended, altered, repealed or new Bylaws adopted by the members at a regular
or special meeting of the me bers upon the affIrmative vote of 100% of all votes entitled to be cast; provided,
however, no amendment effe . g a substantial change in these Bylaws shall affect the rights of the holder of any
mortgage recorded prior to recordation of such amendment who does not join in the execution thereof and who does
not approve said amendment in writing.
2. To the extent provided by Section 499B.14 of the 2005 Code ofIowa, as amended, no modification nor
amendment to these Bylaws shall be effective unless set forth in an amendment to the Declaration of Condominium,
executed and recorded in the manner set forth in the Declaration and an amendment to these Bylaws shall constitute
an amendment to the Declaration as provided for by law. Upon such recording, said amendment shall be effective
against all persons having an interest in a unit or the Regime regardless of whether said person had such interest at
the time said amendment was adopted.
VI. MISCELLANEOUS PROVISIONS
I. The invalidity of any portion of these Bylaws shall not affect the validity of the remaining provisions
or portions hereof.
2. The Association shall not have and employ a carpor te seal.
3. The Association shall promulgate such Rules and egulations as it deems to be in the best interests of
all owners within the Regime.
4. Each member shall have e obligations as s ch member as are imposed on him by the regime
documents as an owner. and no membe shall have any po er or authority to incur a mechanic's lien or other lien
effective against the regime property exe pt as the same m attach only against Ws interest therein.
5. The COWlcil may, in its d
evidence thereof only and in no manner s
of the Association cannot be assigned, h othecate
assignment, hypothecation or transfer of the
. e void by reason of application of the Rule Against Perpetuities
of the last to survive of the owners or present officers of the
e of the initial recording of the Declaration of Condominium and
6. No provision or restriction othe
shall continue for a period longer than the h
Declarant, and their children in being, at the .
twenty-one years thereafter.
7. Each owner or lessee of his t, as a licable, shall have a right to use and enjoy the limited conunon
elements appurtenant to such unit providedj that sucH use shall be limited to the uses permitted by the Declaration of
Condominium and other governing docUl1mts of the egime.
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I. Meetings of the mem~e of the Association ay be called for any purpose by a unit owner.
2. Written or printed no ce stating the place, day d hour of the meeting and the purpose for which said
meeting is called, shall be delive d not less than 5 or more than 60 days before the date of the meeting, either
personally or by mail, by or at th<ldirection of any officer or Wlit owner. If mailed, such notice shall be deemed
to be delivered when deposited ir/ the United States mail, addre ed to the member at his or her last known address.
This notice requirement may be raived, in writing, by a unit own r representing each unit.
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3. A quorum at a ~embers' meeting shall consist of representative, either in person or by proxy,
representing each unit. /
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I VIII. DEFINITIONS
Unless the contexJ otherwise requires, the tenns used herein shall have the meanings stated in the
Horizontal Property Act, anJ..;" follows:
1. Person. The term "personll shall include an individual, a corporation, or other legal entity or its
representative.
2. Owner. The term "owner" for purposes of these Bylaws shall mean any person who owns or holds for
himself an interest in one or more units subject to the Regime provided that the holder of a leasehold interest in a
unit shall not be an owner and further provided that the holder of an equitable interest shall be an owner.
3. Sin""lar. olural and gender. Whenever the context so permits or requires the use of the singular shall
include the plural, the plural the singular, and the use of any gender shall include all genders.
MitchID/938 & 940 Longfellow
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c::n
Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 07-4
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER LUBIN TRUST, AND TENANT MOTIF, LTD D/B/A BO-JAMES,
FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Lubin Trust, as landlord, and Motif, Ltd, d/b/a Bo-James, as tenant, applied for a
renewal of a temporary use of the public right-of-way at 118 Washington St., Iowa City, Iowa for
a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public
right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-
Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said license agreement, copy of which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
Passed and approved this ---2..tl!. day of
'"G2:c ~~
MAYOR -
ATTEST: ~ II. ~
CI CLERK
Approved by:
~~ \~-cJ~~o~
City Attorney's Office
Resolution No. 07-4
Page ?
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
Vanderhoef
the Resolution be
AYES:
NAYS:
x
x
1[
x
1[
x
x
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
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Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139
RESOLUTION NO. 07-5
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY,
LANDOWNER MAUREEN MONDANARO, AND TENANT GIVANNI'S OF
IOWA CITY D/B/A GIVANNI'S, FOR A SIDEWALK CAFE
WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within
the City; and
WHEREAS, Maureen Mondanaro, as landlord, and Givanni's of Iowa City, d/b/a Givanni's, as
tenant, applied for a renewal of a temporary use of the public right-of-way at 109 College St.,
Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and
WHEREAS, City staff has reviewed the application, location, and specifications for the proposed
sidewalk cafe and found these to be in compliance with City Code 10-3-3; and
WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and
WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public
right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-
Way (hereinafter "license agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
THAT:
1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and
attest said license agreement, copy of which is on file with the Public Works Department.
2. The Public Works Department is hereby directed to record this Resolution and license
agreement with the Johnson County Recorder at Applicant's expense.
P""d "d 'p"",,,'" \h;, -"'- d" of '""~U ~
MAYOR
--..
ATTEST: lJ~ II ~
'CI CLERK
Approved by:
~.~
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City Attorney's Office
Resolution No. 07-5
Page 2
It was moved by Bai 1 ey and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
x
X
X
x
Vanderhoef the Resolution be
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
t'i\lf"\
v
c:o
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 07-6
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY, HILLS,
IOWA FOR PROPERTY LOCATED AT 1906 HOLLYWOOD BOULEVARD,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Mortgage, executed by the
owner of the property on August 29, 2002 and recorded on September 4, 2002, in Book
3371, Page 771 through Page 774, in the Johnson County Recorder's Office covering
the following described real estate:
Unit B, Frantz 162 Manor Condominiums, according to the Horizontal
Property Regime declaration recorded in Book 689, Page 333,
Miscellaneous Records of Johnson County, Iowa, including a 50% interest
in the common elements of said Horizontal Property Regime.
WHEREAS, Hills Bank and Trust Company has refinanced a mortgage to the owner of
the property located at 1906 Hollywood Boulevard and is securing the loan with a
mortgage covering the real estate described above; and
WHEREAS, Hills Bank and Trust Company, has requested that the City execute the
attached subordination agreement thereby making the City's lien subordinate to the lien
of said mortgage with Hills Bank and Trust Company; and
WHEREAS, there is sufficient value in the above-described real estate to secure said
lien as a second lien, which is the City's original position.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest
the subordination agreement between the City of Iowa City and Hills Bank and Trust
Company, Hills, Iowa.
Passed and approved this 9th
day of January
,20~.
~U~
MAYOR
ATTEST:C~~R:) K. .JduJ
~.:ed by
~ 1d.-J8"-os..
City Attorney's Office
- -- -------_.,-_.__._-----~--"'_._------_..__._..,._.,_._--~--,--_._..----_.._---,_._-,_._.._----_.- .-
Resolution No. 07-6
Page. 2
It was moved by Bailev and seconded by
Resolution be adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
V;:mnp.Tl'lnpf
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilbum
the
___~_~_~____,__,_,,_"._'__'_"'_ _._.,_____~,.__,....,._ .__ N.'_______ __._.._._______~_.~_.____..._._.___..___ _____. __.,_._"_.___..._.,,"_..._____.___" -- - _._..._....._'__.m.____.
y
x
X
y
X
X
X
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills
Bank and Trust Co. of Hills. Iowa, herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Mortaaae which at this time is in the
amount of $4.600, and was executed by Kathleen A. Jones (herein the Owner), dated AUQust 29.
2002, recorded September 4.2002, in Book 3371, Page 771 through Page 774, Johnson County
Recorder's Office, covering the following described real property:
Unit B, Frantz 162 Manor Condominiums, according to the Horizontal Property Regime declaration recorded in
Book 6S9, Page 333, Miscellaneous Records of Johnson County, Iowa, including a 50% interest in the common
elements of said Horizontal Property Regime.
WHEREAS, the Financial Institution proposes to loan the sum of $79.160 on a promissory note to
be executed by the Financial Institution and the Owner, securing a mortgage covering the real
property described above; and
WHEREAS, to induce the Financiallnstjtution to make such loan, it is necessary that the Mortaaae
held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial
Institution.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto,
the parties agree as follows:
1. Subordination. The City hereby covenants and agrees with the Financial Institution that
the above noted Mortaaae held by the City is and shall continue to be subject and
subordinate to the lien of the mortgage about to be made by the Financial Institution.
2. Consideration. The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of
subordination herein.
3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the Mortaaae of the City.
-",~,-,,-'.'--_."'- '-'--~-""-"--"--'" - - --- ------.----.-- ----,- -.---..-....-.-.....-..- - _.__.._,._,-_._~.._.~-,--_.__._-,-_._-_.--._----"'~-_._-'--~--'-'- . .-.-----..-.---
4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors, and assigns of the parties hereto.
Dated this -9..th.. day of T~nll~ry
, 20-D.L
FINANCIAL INSTITUTION
CITY OF IOWA CITY
By G2~j ~~~
Mayor
B~---~~'
P- .-.-
-1!m HAf&X, ~(Ol( VICE 1261DeJ1
Attest:
~~td~ 1(. .~~
Cit lerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this q+h day of :::tANU.M.~ ' 20~, before me, the undersigned, a Notary
Public in and for the State of Iowa, rsonallyappeared Rns..<:; W;\ \"",r\ and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance)
(Resolution) No. 07- b passed (the Resolution adopted) by the City Council, under Roll Call
No. - of the City Council on the 9~ day of ~= ' 20~, and
that l<n <:;5 0, I b..H'" and Marian K. Karr acknowl aged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
~d.~
Notary Public in and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on 0 e.. c .7. oJh
J{):YJ .~name(s) of person(s)) as _senior lItct (ksfden r
authority, e.g, officer, trustee, etc.) of IL ,-at, /;a. n L O:VJ TrIA'? I C/}
party of behalf of whom instruments was executed) .
~
Notary Public In and for the State of Iowa
My Commission expires: //J-/tifYl
~., REBECCA DEWAARD
. _ ~ Commisslor. Number 138081
w MYm res
2006 by
(type of
(name of
N)~
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Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington 51., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 07-7
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO
ATTEST DOCUMENTATION FOR THE PARTIAL RELEASE OF A SCHOOL
SITE COVENANT
WHEREAS, in August of 1994 the City rezoned approximately 422 acres of land located south
of Highway 6 subject to the terms of a conditional zoning agreement with the owner, Sycamore
Farms Company;
WHEREAS pursuant to paragraph 40) of said conditional zoning agreement, which is recorded
at Book 1793, Page 211 with the Johnson County Recorder, Sycamore Farms Company did
covenant with the City of Iowa City, to reserve a fifteen acre tract of land within the parcel being
rezoned for conveyance and use as a public school site by the Iowa City Community School
District.;
WHEREAS, said covenant remains in effect until released of record by the City or the expiration
of 15 years from the date of the conditional zoning agreement, whichever may sooner occur;
WHEREAS, the current owner of the property has requested that the City release the following-
described portion of the property, consisting of approximately 51 acres, from the school site
covenant within the conditional zoning agreement; and
51.51 +/- acres in Iowa City, Johnson County, Iowa, and legally described as: A portion
of the NW1/4 NW1/4 and SW1/4 NW1/4 Section 25, Township 79 North, Range 6 West
of the 5th P.M., described as follows: Auditor's Parcel 2003096 according to the plat
thereof recorded in Book 46, Page 137, Plat Records of Johnson County, Iowa.
Excepting therefrom Saddlebrook Meadows Part 1, Iowa City, Iowa, according to the
plat thereof recorded in Book 49, Page 3, Plat Records of Johnson County, Iowa.
WHEREAS, Iowa City Community School District Superintendent has given the City notice
indicating the School District does not wish to designate a school site within said portion of the
property, and consents to the release of said property from the covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council finds it is in the public interest to release the above-described real estate
from the above-described covenant.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the Partial Release of
Covenant attached hereto.
3. The City Clerk is hereby authorized and directed to certify a copy of this resolution for
recordation in the Johnson County Recorder's Office, along with the partial release, said
recording cost be paid by the owner of the subject property.
Resolution No. 07-7
Page 2
day of t2 ,20~.
~ { . ). ~]~
MAYOR
Passed and approved this 9th
ATTEST:A~ 5'1!. ~
CITYCLERK
APpr~~e~y _ ..A'3:?'
~ 1/~/197
Cny Attorney's Office
Resolution No. 07-7
Page 1
It was moved by B~i1p.y and seconded by Vanderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
X
y
x
y
x
Prepared by and Return to: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356.5030
PARTIAL RELEASE OF SCHOOL SITE COVENANT
The City of Iowa City does hereby release the following described property from all its
right, title, and interest in the covenant regarding dedication of a school site contained within
paragraph 40) of the conditional zoning agreement recorded at Book 1793, Page 211 with the
Johnson County Recorder and the encumbrances placed on the property by virtue of said
covenant:
51.51 +/- acres in Iowa City, Johnson County, Iowa, and legally described as: A portion
of the NW1I4 NW1/4 and SW1/4 NW1/4 Section 25, Township 79 North, Range 6 West
of the 5th P.M., described as follows: Auditor's Parcel 2003096 according to the plat
thereof recorded in Book 46, Page 137, Plat Records of Johnson County, Iowa.
Excepting therefrom Saddlebrook Meadows Part 1, Iowa City, Iowa, according to the
plat thereof recorded in Book 49, Page 3, Plat Records of Johnson County, Iowa.
1I!~-LJ J L-.
MAYOR
Approved by
ATTEST: ~,;.A~ k. ~..uJ
CITY LERK
~~ 1/t/U7
City ttorney' Office
STATE OF IOWA
JOHNSON COUNTY
)
) ss:
)
9+-~ -
On this day of J..."-\Lll>. "s't= " A.D. 20~, before me, the
undersigned, a notary public in and for the te of Iowa, personally appeared Ross Wilburn and
Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal corporation by authority of its
City Council; and that the said Mayor and City Clerk as such officers acknowledged that the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
(1'10 SONDRAE FORT
~ Commission Number 1597111
. . My Coromi ion res
w
~o~
Notary Public in and for the State of Iowa
ie (0)
IOWA CITY COMMUNITY
SCHOOL DISTRICT
Lane Plugge, Ph.D.
Superintendent
rc())~}f
509 S. Dubuque Street
Iowa City, IA 52240
(319) 688-1000
(319) 688-1009 FAX
November 8, 2006
Karin Franklin
Director or Planning and Development
City or Iowa City
410 E Washington Street
Iowa City, IA 52240
Dear Karin,
I write you regarding the Sycamore Farms School Site. ICCSD wishes to maintain the option or the 15
acre school site on that property. Following a meeting with Mr. Steve Gordon or AM Management
the school district is willing to allow AM Management to develop on the remaining north 51 acres. If
ICCSD would ever exercise this option it would be on the south 35 acres or the property.
Please let me know if any other ICCSD action is required.
Lane Plugge
c Steve Gordon
_ __._~_,_..______...__...."..______~~__.__ .. ____.______"___._.__m._..'._.__________~_____________~-~-...~,~---.-.
(f'Z
G:rJ
Prepared by: Ron Knoche, Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 07-8
RESOLUTION ACCEPTING THE WORK FOR THE 2006 PAVEMENT
REPLACEMENT FOR WATER MAIN PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
2006 Pavement Replacement for Water Main, as included in a contract between the City of Iowa
City and Hansen Asphalt of Iowa City, Iowa, dated April 25, 2006, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $186,626.50.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 9th
day of .Januarv ,20 07
Q~( JJtL
MAYOR -
Approved by
ATTEST:~u:"",--> 1(. ~
IT LERK
t/JD '?
It was moved by Ba; J P'I and seconded by
adopted, and upon roll call there were:
Vantlprhnpf the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
Bailey
Champion
Elliott
Lehman
O'Donnell
V.anderhoef
Wilbum
x
X
X
pweng\masters\rk-watermain.doc
12129/06
,\
[];]
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 07-9
RESOLUTION ACCEPTING THE DEDICATION OF OUTLOT C, AS PLATTED IN WILD
PRAIRIE ESTATES PART FIVE, IOWA CITY, IOWA, TO THE CITY OF IOWA CITY
WHEREAS, The Subdivider's agreement for Wild Prairie Estates Part Five contemplated the
dedication of Outlot C to the City of Iowa City in partial fulfillment of the Neighborhood Open
Space requirements imposed on both Wild Prairie Estates Parts 4 and 5; and
WHEREAS, as the requirements for the acceptance of this Outlot have been fulfilled by the
developer, staff recommends acceptance of this dedication; and
WHEREAS, as it is in the public interest to provide public open space and other public
recreational amenities within the City, the acceptance of Outlot C, Wild Prairie Estates Part Five is
in the public interest as it will allow the area to be used by the public for this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council of Iowa City, Iowa finds it is in the public interest to accept the dedication
of Outlot C, Wild Prairie Estates Part Five, and the same is hereby accepted by the City of
Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to record the deed for Outlot C, Wild
Prairie Estates Part Five, together with a certified copy of this Resolution, in the Office of
the Recorder, Johnson County, Iowa, at the City's expense.
Passed and approved this
Qth day of Januarv ,2007.
(r?s ~( rJ
MAYOR
ATTEST: J?~~~~."J k - ~
CITY LERK
Resolution No. 07-9
Page 2
It was moved by Bailev and seconded by
adopted, and upon roll call there were:
Vanderhoef
the Resolution be
AYES:
NAYS:
x
x
x
x
x
X
1<
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
i ~:(~) I
,~, :\ l<lo
(,"'(
c:
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030
RESOLUTION NO. 07-10
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A COMMON DRIVE/ACCESS EASEMENT CENTERED
BETWEEN LOTS 54 AND 55 IN THE PENINSULA NEIGHBORHOOD SECOND
ADDITION, IOWA CITY, IOWA
WHEREAS, during the platting of the Peninsula Neighborhood Second Addition, the City and public were
granted an interest in the Common Drive/Access Easement centered on the property line between Lots 54
and 55 in the Peninsula Neighborhood Second Addition, Iowa City, Iowa; and
WHEREAS, due to a redesign of some portions of the development, this easement will not longer be used to
provide access to the lots and releasing the easement will increase buildable area on the lots and ensure
individual access points for each lot; and
WHEREAS, for the reasons stated above, Housing and Inspection Services recommends release of the
easement as being in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The City Council finds it is in the public interest to release the Common Drive/Access Easement
described as "12' Common Drive" centered on the property line between Lots 54 and 55, Peninsula
Neighborhood Second Addition, Iowa City, Iowa, according to the final plat thereof.
2. The City of Iowa City does hereby abandon, release and relinquish all right, title and interest in the
"12' Common Drive" easement centered on the property line between Lots 54 and 55, Peninsula
Neighborhood Second Addition, Iowa City, Iowa, and the mayor is hereby authorized to sign, and the
City Clerk to attest, a release of said easement sufficient for recordation.
3. The City Clerk is hereby authorized and directed to certify a copy of this Resolution for recordation in
the Johnson County Recorder's Office together with the attached release, said recording costs to be
paid by the property owner, Peninsula Development Company, L.L.C.
Passed and approved this 9th day of
'~('j, Ok
MAYOR '-' -
ATTEST: ~-', ..:._) p. ~
CIT CLERK
Resolution No.
Page 2
07-10
It was moved by Bailev and seconded by
adopted, and upon roll call there were:
Vanderhoef the Resolution be
AYES:
NAYS:
x
X
X
J{
X
X
X
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
Prepared by: Sarah E. Holecek, First Ass!. City Atty., 410 E. Washington S!., Iowa City, IA 319-356-5030
RELEASE OF COMMON DRIVE/ACCESS EASEMENT
The City of Iowa City, Iowa, does hereby release the property legally described as "12' Common
Drive" as originally shown on the Final Plat of the Peninsula Neighborhood Second Addition, Iowa
City, Iowa, as centered on the property line between Lots 54 and 55, Peninsula Neighborhood
Second Addition, Iowa City, Iowa, according to the final plat thereof, from a lien or cloud upon the
title placed thereon by any easement granted to the City of Iowa City, Iowa through the final
platting instruments, including, but not limited to, the Water Main, Public Access and Public Utility
Easement Agreement and/or the Dedication and Statement of Consent. The City of Iowa City,
Iowa hereby releases said Common Drive/Access Easement as specifically designated and
described in the foregoing instruments from any and all interest the City of Iowa City may have in
said property by operation of the foregoing instruments.
The City retains all other easements shown on said final plat not specifically released by this
document.
CITY ~TY, IOWA.,.(\ 11
BY: C--.J ~
Ross Wilburn, Mayor
Attest: A~ JV. ~
Marian K. Karr, City Clerk
STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this ~ day of January, 2007 before me, the undersigned, a Notary Public in and for
said County, in said State, personally appeared Ross Wilburn and Marian K. Karr, to me
personally known, who being be me duly swom, did say that they are the Mayor and City Clerk,
respectively, of said municipal corporation executing the foregoing instrument; that the seal affixed
thereto is the seal of said municipal corporation; that said instrument was signed and sealed on
behalf of said mlll"l~pal corporation by authority of the City Council of said municipal corporation;
and that the said Ross-Wiloum and-Manan K Karr aCKnowledgecHfie executfonOfsaTclTnslfliment
to be the voluntary act and deed of said municipal corporation and by them voluntarily executed.
~""<l- ~n-1"-b
Notary Public in and for the State of Iowa
t'l- SONDRAE FORT
o ~ Commission Number 159791
. . MyCo ml . n
~
Prepared by: Drew Westberg, Planning Intern, 410 E. Washington St., Iowa City, IA 52240
(319) 356-5230 (SUB06-00018/SUB06-00019)
RESOLUTION NO.
RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT
OF PEPPERWOOD PLAZA, A SUBDIVISION OF IOWA CITY, IOWA.
WHEREAS; the owner, Southgate Development Company, filed with the City Clerk the preliminary
and final plat of Pepperwood Plaza, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
LEGAL DESCRIPTION
A parcel of land located in Sections 15, 22 and 23, Township 79 North Range 6 West of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa described as follows:
Beginning at the Southwest comer of Lot 2 of Block 1, Braverman Center to Iowa City, Iowa, as recorded in
Plat Book 8 at Page 69 in the Johnson County Recorder's Office; Thence NOO'26'20"E, along the Westerly line
of said Lot 2, a distance of 236.08 feet: Thence Northeasterly, 217.01 feet, along said Westerly line, and an arc
of a 1290.58 foot radius curve, concave Southeasterly, whose 216.76 foot chord bears N05'15'50"E, to the
Southwest corner of Lot 1 of Part 1 of Block 1, Braverman Center, Iowa City, Iowa, as recorded in Book 8 at
Page 68 in the Johnson County Recorder's Office; Thence S78'48'50"E, along the Westerly line of said Lot 2
and the South line of said Lot 1 of Part 1, a distance of 175.00 feet, to the Southeast corner of said Lot 1 of
Part 1: Thence N22'01 '06"E, along the Westerly line of said Lot 2 and the Easterly line of said Lot 1 of Part 1,
a distance of 299.74 feet, to the Northeast corner of said Lot 1 of Part 1; Thence S67'55'30"E, along the
Northerly line of said Lot 2 and the Plat for Lots 5A, 5B, 6, 7 and 8 Block 1 Braverman Center, Iowa City, Iowa,
as recorded in Plat Book 27 at Page 31 in the Johnson County Recorder's Office, 759.63 feet, to the Northeast
corner of Lot 5A; Thence S22'04'30"W, along the Easterly line of said Lot 5A, a distance of 187.00 feet, to the
Southeast corner of said Lot 5A; Thence S67'55'30"E, along the Southerly line of Lot 3 of Block 1, Braverman
Center, Iowa City, Iowa, as recorded in Book 12, Page 39 in the records of the Johnson County Recorder's
Office, 236.90 feet, to the Southeast corner of said Lot 3: Thence Southwesterly, 88.49 feet, along the Easterly
line of Lot 4 of said Plat, and an arc of a 533.27 foot radius curve, concave Southeasterly, whose 88.39 foot
chord bears S05'12'04"W, Thence SOO'26'50"W, along the Easterly line of said Lot 4, the Easterly line of
Auditor's Parcel2000005 as recorded in Plat Book 41 at Page 218 in the Johnson County Recorder's Office,
and the Easterly line of Lot 8 Block 1, Braverman Center, a distance of 616.49 feet, to the Northeast corner of
A portion of Outlot C Block 1, Braverman Center, as recorded in Plat Book 31 at Page 137 in the Johnson
County Recorder's Office: Thence Southwesterly, 23.55 feet, along the Southerly line of said Outlot C, and an
arc of a 15.00 foot radius curve, concave Northwesterly, whose 21.21 foot chord bears S45'25'39"W; Thence
N89'35'32"W, along the Southerly line of Outlot C and Outlot B of Block 1 of said Braverman Center, a
distance of 690.28 feet, to the Southeast corner of a portion of Block 1 of Braverman Center: Thence
NOO'23'49"E, along the Easterly line of a portion of Block 1, Braverman Center, a distance of 342.31 feet, to
the Southeast corner of Outlot A of said portion of Block 1, Braverman Center; Thence N89'35'30"W, along
the South line of said Outlot A, 446.01 feet, to the Southwest corner thereof; Thence NOO'44'47"E, along the
West line of said Outlot A, 25.00 feet, to the Northwest corner thereof, and the Southwest corner of Auditor's
Parcel 99085, as recorded in Book 40, at Page 319, in the records of the Johnson County Recorder's Office;
Thence S89'35'30"E, along the North line of said Outlot A, and the South line of said Auditor's Parcel 99085, a
distance of 159.18 feet, to the Southeast corner of said Auditor's Parcel 99085: Thence N01'47'56"W, along
the Easteriy line of Auditor's Parcel 99085, a distance of 135.24 feet to the Northeast corner thereof, and to a
point on the Southerly line of said Lot 2 of Block 1, Braverman Center: Thence N67'53'13''W, along said
Southerly line, 164.48 feet, to the said POINT OF BEGINNING. Said parcel of ground contains 23.59 acres
and is subject to easements and restriction of record.
Resolution No.
Page 2
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed preliminary and final plat and subdivision, and recommended
approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary and final plat and
subdivision and recommended that said preliminary and final plat and subdivision be accepted and
approved; and
WHEREAS, a dedication has been made to the public, and 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 plat and subdivision are found to conform with Chapter 354,
Code of Iowa (2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said preliminary and final plat and subdivision located on the above-described real estate
be and the same are hereby approved.
2. The City accepts the dedication of easements as provided by law.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attomey, to execute all legal documents relating to said subdivision,
and to certify a copy of this resolution, which shall be affixed to the preliminary and final plat
after passage and approval by law. The City Clerk shall record the legal documents and the
plat at the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Passed and approved this
day of
,20_.
MAYOR
Approved by
ATTEST:
CITY CLERK
nlnla,..
It was moved by
adopted, and upon roll call there were:
and seconded by
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
ppdadmin\res\pepperwoodlots 1-11.doc
STAFF REPORT
To: Planning & Zoning Commission
Item: SUB06-00018/SUB06-00019
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
60 Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
Public Services:
Prepared by: Drew E. Westberg, Planning Intem
Date: December 7,2006
South9ate Development Company, Inc
755 Mormon Trek Blvd
PO Box 1907
Iowa City, 'A 52244
Larry Schnittjer
MMS Consultant Inc.
1917 S Gilbert Street
Iowa City, IA 52240
(319)351-8282
Preliminary and Final Plat Approval
To create an 11-lot, one outlot subdivision
South of US Hwy 6, West of Broadway St.
23.33 Acres
Community Commercial (CC-2)
CC-2
General Commercial
November 17,2006
January 5, 2007
January 20, 2007
Adequate water and sewer services are available
Police and fire protection are available.
2
BACKGROUND INFORMATION:
The applicant, Southgate Development Company, is requesting approval of a preliminary and final
plat for the re-subdivision of Pepperwood Plaza, located south of Highway 6, east of Keokuk
Street, and west of Broadway Street. Pepperwood Plaza was established in 1986 as a large
commercial center for the south side of Iowa City. In 2003, it was designated as a Tax Increment
Financing (TIF) District.
ANALYSIS:
This is a relatively minor subdivision as all utilities are readily available, and no new streets will be
constructed. The plats generally comply with the Subdivision Regulations and the Comprehensive
Plan, which calls for the area to continue as general commercial.
Lots 1, 2, 4, 6, 7, and 9 contain existing structures. Lots 3, 5, 8, and 10 are currently vacant or
contain parking spaces. The applicant intends to develop these in the future.
Zoning Requirements
Pepperwood Plaza is zoned Community Commercial (CC-2). The CC-2 zone is designed to
identify locations suitable for major commercial districts that will provide service to a significant
segment of the total community population. These commercial districts are occupied by high
traffic-generating commercial retail uses, which require a location along major arterials such as
Highway 6. The proposed re-subdivision would not detract from the CC-2 nature of the current
uses or the location of the plaza.
No minimum lot requirements exist within the CC-2 zone. However, structures within the CC-2
zone must adhere to a ten foot setback from a publiC street. All lots to which the setback would
apply satisfy this requirement.
Parking
Due to the plaza's sales-oriented make-up, the shared parking requirement is one vehicle parking
space per 250 square feet of floor area. Most of the parking will be provided on Outlot A and
shared by the adjacent lots. Outlot A is the largest lot at 10.15 total acres. It is to be commonly
owned and used for vehicular access as well as parking. The outlot includes all access points to
the plaza including Highway 6, Keokuk Street, Pepperwood Lane (a private drive), Cross Park
Drive, and Broadway Street entrances. Legal papers will need to address access easements,
utility easements, maintenance of Outlot A, and the common parking arrangement.
Traffic implications
As previously noted, no new streets will be constructed as part of this subdivision. In that
regard, traffic implications are not a concern. Current access and street design standards are
adequate for a CC-2 type node such as Pepperwood. The subdivision must also comply with
commercial site development standards, which require new subdivisions to have pedestrian
walkways connecting principal buildings. A pedestrian walkway system is identified on the
preliminary plat. Upon site plan review, the applicant will need to address pedestrian access to
lots 3 and 5.
Storm water management
Much of the development predates the Iowa City Stormwater Ordinance, however, stormwater
run-off is still managed. Run-off is collected by a storm sewer that drains into the Highway 6
system which conveys the stormwater to the Iowa River.
3
STAFF RECOMMENDATION:
Staff recommends deferral of this item until the deficiencies and discrepancies listed below are
resolved.
Upon resolution of the deficiencies and discrepancies, staff recommends that SUB06-00018, a
preliminary plat for Pepperwood Plaza and SUB06-00019, a final plat for Pepperwood Plaza, an
11-lot, 23.33-acre subdivision and, be approved subject to staff approval of legal papers prior to
Council consideration.
DEFICIENCIES AND DISCREPANCIES:
1. Sanitary sewer and easement between lots 4 and 6 should be corrected per Braverman
Center subdivision.
2. Conflict between storm sewer and sanitary manhole north of lot 5 should be corrected
3. Spelling should be corrected on note that appears east of lot 6
ATTACHMENTS:
1. Location Map
2. Preliminary Plat
3. Final Plat
Approved by: ~/?'-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
~
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FINAL PLAT
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! .-. 11/15106
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PEPPERWOOD PlAZA
SUBDIVISION
IOWA erN
JOHNSON COUNTY
IOWA
Final
Iowa
i PUN PRr.J'ARED BY .
)lMS CONSULTANTS INC.
1911 SOUTH GILBERT ST.
Ion CITY, IOWA, 52240
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JOSEPH HOlLAND
123 N. UNN STRE!.'T
IOlfA CITY. IOWA 52245 ..
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Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
07-11
RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND FALEY PROPERTIES, L.L.C., FOR LOT 5 OF NORTH
AIRPORT DEVELOPMENT SUBDIVISION
WHEREAS, the North Airport Development Subdivision and North Airport Development Part Two
Subdivision include commercial lots which have been marketed for sale to the general public; and
WHEREAS, City has negotiated a purchase agreement for the sale of Lot 5, North Airport Development,
to Faley Properties, L.L.C., a copy of which agreement is attached hereto and requires City Council
approval; and
WHEREAS, following public hearing on said purchase agreement, City Council finds that the
purchase agreement should be approved and that said property should be conveyed in
accordance with said purchase agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council hereby approves in form and substance the attached purchase
agreement between the City of Iowa City and Faley Properties, L.L.C. for Lot 5, North Airport
Development Subdivision, and the disposition of said property in accordance therewith.
2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to
execute all documents necessary to dispose of said property in accordance with said
purchase agreement.
Passed and approved this 9th
d., of ~ ,20OL-
)-W A J J:Q~
M OR -
~
ATTEST:~UA".-.J )(. ~
CITY LERK
Approved by
~CG IW$l'~
, ity or y's Office
Resolution No. 07-11
Page ?
It was moved by Bailev and seconded by
adopted, and upon roll call there were:
O'Donnell the Resolution be
AYES:
NAYS:
x
x
x
11
X
X
X
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
NOV-27-2006 NON 01:32 P~ rwr ~OTOR PARTS
FAX NO, 563 556 5756
COUNTER OFFER
To: City oflowa City
Faley Properties. LLC (Hereinafter "Buyer") hereby accepts the attached Offer to
Purchase Real Estate and Acceptance (Purchase and Sale Agreement) executed by Faley
Properties, LLC on October 24, 2006. Buyer agrees to the following modifications in said
contract:
1. The Purchase Price of"399,921.00" in paragraph I of said contract is replaced
with the purchase Price of "$420,000.00".
2. The Closing Date of "no later than three hundred thirty (330) days after formal
approyul of the agreement by the City Council of Iowa City" in paragraph 4 of
said contract is replaced with the Closing Date of "no later than one hundred
twcnty (120) days after formal approval of the agreement by the City COWlcil of
Iowa City".
3. Buyer recognizes Lot 5 is currenlly below flood plane and agrees to take Lot 5 in
existing condition.
4. If this Counter Offer is not accepted by Seller on or before the 28"' Day of
November, 2006, at 5:00 o'clock P.M., it shall become void and all payments
shall be returned to Buyer.
5. Seller may be required to give 30 day notice to current tenant/occupant of
property and deliyer property free & clear of all lease Obligations.
6. Offer is contingent upon City of Iowa City rezoning said property to CI-I.
7. Seller must provide plat and all comers of Jot must be marked with survey pins.
Dated this.i?~ day of Novembcr, 2006
Buyer Faley Properties, LLC
By; --?..?~~
TeddYTol'~~ ~Mem erjTitlc)
This Counter Offer is accepted this -.fP! _ day of _' 7u~___
At _,-1P.._- _ (A.M/P-:M.)
CITY OF IOWA CITY, IOWA
BY: .m/J/IhA.-u ~.
SIC~:;0:Mf;'~Wt}~l;;ger
NOV 27,2006 15:~5
563 556 5756
P. 01
Page 1
Purchase and Sale Agreement
Pagel
OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE
(PURCHASE AND SALE AGREEMENT)
TO: City of Iowa City, an Iowa municipal corporation (hereinafter "City").
IWI Motorparts (hereinafter "Buye~'), hereby offers to buy all the City's right, title and Interest in the real
estate legally described as follows:
Lot 5 (approximately 137,904 sf) of North Airport Development, Iowa City, Iowa, according to
the plat thereof recorded at Plat Book 43, Page 182 with the Johnson County, Iowa Recorder
(legal dascrlptlon to be approved by Buyer)
together with all the City's right, title and interest in all improvements, if any, located on the above'
described real estate, and under any easement and servitudes for the benefit of the City, free and clear of
all liens, encumbrances, reservations, exceptions and modifications except for the Permitted Exceptions, as
defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to
as the "Property".
The Property shali be conveyed with good, clear, merchantable title, subject to the following "Permitted
Exceptions":
1. Zoning and building laws and ordinances;
2. Subject to covenants, restrictions, reservations and easements of record approved by Buyer.
In consideration of the covenants and obligations contained herein, the parties agree as follows:
1. PURCHASE PRICE. The purchase price shall be $399,921,00 (the "Purchase Price"), paid as
follows: $5,000 with this offer to be deposited upon acceptance of this offer, in the trust account of
iowa Realty Commerciai, delivered to the City at the time of closing and transfer of possession, if
any, and the balance payable in full at the time of closing and transfer of possession.
2. ABSTRACT AND TITLE. City shall promptly deliver to the Buyer for examination an abstract of title
for the Property, continued to a date subsequent to the date of this Offer, prepared pursuant to iowa
Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa
Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with
the government patent to the Property and show merchantable title in City, subject only to Permitted
Exceptions. The cost of the continuance of an existing abstract shall be paid by the City. The City
shall pay all costs required to deliver marketable title to the Property and City shall pay the cost of
any additional abstracting and/or
Purchase and Sale Agreement
Page 2
title work due to acts or omissions of City, including transfers or death of City or assigns. The
abstract shall become the property of the Buyer when the Purchase Price is paid in full.
3. DEED. At the time 01 closing and upon payment of the Purchase Price, City shall convey the Property
to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances.
4. POSSESSION AND CLOSING. Subject to the Buyer's and City's timely performance of all obligations
herein, closing shall be held at a time mutually agreed upon by City and Buyer, no later than three
hundred thirty (330) days aller formal approval of the agreement by the City Council of Iowa City
pursuant to paragraph 16 of this agreement (the "Closing Date"). On and after the Closing Date and
upon payment of the Purchase Price, the Buyer shall be entitled to immediate possession of the
Property and to receipt of all rents and profits from the Property due thereafter, if any.
5. CONDITION OF THE PROPERTY. Buyer will purchase the Real Estate and improvements thereon
in their present condition with no warranties or representations from City regarding the condition of
the property or Improvements thereon. Within ninety (90) days of formal approval of this agreement
by the City Council for City pursuant to paragraph 16 of this agreement, the Buyer, at its expense,
shall have the right to conduct such investigations, inspections and inventories of the Property and
conditions related to the Property, Including but not limited to surveys, soil tests, well water tests
and/or reports, environmental studies, review of zoning and/or other applicable legal regulations
and costs of development, as it deems reasonable or necessary prior to closing. The City hereby
grants the Buyer, its officers, agents, employees and independent contractors, the right to enter
upon the Property at reasonable times upon reasonable notice, oral or written, from time to time
after the date of this Offer for the purposes of investigating, inspecting and performing inventories
of the Property and to determine if there are any environmental deficiencies, including hazardous
materials, substances, conditions, or waste. Buyer shall indemnify and hold harmless City from and
against any and all expenses, claims, or losses arising from or in connection with any activities of
Buyer, its officers, agents, employees, or contractors on ,the Property prior to the Closing Date,
including wilhoutlimitatlon, any allomey's fees or court costs occasioned by such claims. Buyer
shall be deemed to have approved of any such investigations, inspections and inventories unless
written notice is delivered to City wilhin ninety (90) days of formal approval of this agreement by the
City Council for City pursuant to paragraph 16 of this agreement. In the event of disapproval of any
such investigations, inspections and inventories, Buyer may terminate this agreement and all
payments made shall be returned to Buyer.
6. STATUS QUO MAINTAINED. THe Property shall be preserved in its present condition and City shall
deliver it intact at the time possession to the Buyer is given. All risk of loss or damage to the
Property is on City until the Buyer takes possession. Prior to possession by the Buyer, City shall
promptly give written notice to the Buyer of any loss or damage to the Property. In the event of ioss,
damage or destruction of all or part of the Property, the Buyer shall have the option to terminate
this Agreement effective immediately. However, in the case of loss, damage or destruction of all or
part of the Property from causes covered by insurance, the Buyer shall have the option to either. (1)
take possession of the Property and accept an assignment of all City's right, title and interest in and
to any claims City has under the insurance policies covering the Property; or (2) terminate this
Agreement effective immediately. Buyer shall be permitted to make a walk through inspection of the
property prior to possession and closing, in order to determine that there has been no material
change in the condition of the property except those mutually agreed upon. '
Purchase and Sale Agreement
Page 3
7, TAXES. City shall pay a pro-rata share of any taxes on the Property (real and personal) for the fiscal
year (July 1 - June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years.
The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and real
estate tax exemptions that will actually be applicable to and used for the calculation of taxes payable
in the fiscal year commencing July 1, 2006. If, at the time of closing the tax rate is not certified, then
the most current, certified tax rate shall be used.
8. REMEDIES OF THE PARTIES. in the event of default hereunder, Buyer and City is entitled to utilize
. any and all remedies or actions at law or in equity available to them with respect to this agreement
and shall be entitled to obtain judgment for costs and attorney fees as permitted by law.
9. SPECIAL ASSESSMENTS. City shall pay in full all special assessments on the Property which have
been certified to the Johnson County Treasurer for collection before the Closing Date.
10. TIME IS OF THE ESSENCE. Time is of the essence of this agreement.
11. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The documen! shall apply to and bind
the heirs, executors. administrators, partners, assigns, and successors In interest of the respective
parties.
12. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including
the acknowledgement clause, shall be construed as in the singular and plural number, and as
masculine, feminine or neuter gender, according to the context.
13. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in
reference and are not intended to define or limit the scope of any provision of this document.
14. AGENCY DISCLOSURE. City is represented in this transaction by real estate agent Harry Wolf of
NAI Iowa Realty Commercial. Buyer is represented in this transaction by real estate agent Sam
Hanna of Prudential Partners Real Estate.
15. NOTICE. Any notice required under this agreement shall be deemed perfected when it Is received
in writing either by personal delivery or upon the date of the posting of said notice posted by Certified
Mall Such notices to City shall be sent or delivered to City of Iowa City, Attn. City Manager, 410 E.
Washington St., Iowa City, Iowa, 52240. Such notices to Buyer shall be sent or delivered to
IWI Motorparts 155 N. Crescent RDG, Dubuque, Iowa. 52003.
16. IOWA CITY COUNCIL APPROVAL. City's obligations under this agreement are contingent upon
formal approval by the City Council for Iowa City, pursuant to Section 364.7 of the Code of Iowa.
, City shall seek said approval promptly after acceptance of execution of this agreement by the City
Manager on behalf 01 the City.
Purchase and Sale Agreement
Page 4
17. DUE DILLlGENCE & ZONING NOTIFICATION. After formal City Council approval. Buyer has 30
Days Due Diligence without exception to determine the feasibility of intended Lise. If at any point
within the 30 days buyer determines property is not feasible, Buyer may withdraw offer The City
hereby notifies buyer that property is currently zoned CC2. Any use not permitted in CC2 would be
subject to review & approval by the City. Buyer recognizes Lot 5 is in flood plane and that fill might
be needed to bring building above flood plane.
18. TIME FOR ACCEPTANCE. If this offer is not accepted by the City Manager on behalf of the City
on or before 12:00 P.M. on Friday, November 3'd, 2006, it shall become void and all payments
shall be returned to Buyer.
This Offer is presented to the City on this ad J.t( ,2006.
Accepted this :;:l L( day of od. . 2006.
BUYER: / p~ fJi' 7~
BY: ~dJy J 0 (t:,.fef
This offer is accepted this
day of
, at
(A.M.! P.M.)
CITY OF IOWA CITY, IOWA
BY:
Stephen J. Atkins, City Manager
~ \\~?
C
~
Prepared by: Terry Trueblood, Parks and Recreation, 220 S. Gilbert, Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 07-12
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT, ESTIMATE OF COST FOR THE RIVERSIDE FESTIVAL STAGE
IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT
OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the above-named project were published as required by law, and the hearing thereon
held.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY IOWA, THAT:
1. The plans, specifications, form of contract, and estimate of cost for the above-named project
are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above-named
project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa City, Iowa.
3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for
the construction of the above-named project in a newspaper published at least once weekly
and having a general circulation in the city.
4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the
Office of the City Clerk, at City Hall, until 2:00 p.m. on the 31st day of January, 2007, or at a
later date as determined by the Director of Parks and Recreation or designee, with notice of
said later date to be published as required by law. Thereafter the bids will be opened by the
Parks and Recreation Director or designee, and thereupon referred to the Council of the City
of Iowa City, Iowa, for action upon said bids at its next meeting to be held at City Hall (in
Emma J. Harvat Hall), Iowa City, Iowa, at 7:00 p.m. on the 6th day of February, 2007 or at
such later time and place as may be fixed.
Passed and approved this 9th
d.,of ~
MAYOR -
.~lL-
["
ATTEST: 1J.e~ ftJ. ~
CI iLERK
Approved by
~ 1~!Py.
/6~~'s~ffice~
parksredresJbrooklyn patk.doc
Resolution No.
Page 2
07-12
It was moved by O'Donnell and seconded by Bailey
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
rl\J~ :n
Prepared by: Terry Trueblood, Par1<s & Recreation Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 07-13
RESOLUTION ESTABLISHING A REVISED SCHEDULE OF FEES AND
CHARGES FOR PARKS AND RECREATION SERVICES AND PROGRAMS.
WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation
Commission, all Parks and Recreation fees shall be established by City Council resolution"; and
WHEREAS, the Parks and Recreation Commission has reviewed all fees and is recommending
certain increases to be implemented in FY07 and FY08; and
WHEREAS, it is in the public interest to review and occasionally revise said fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the schedule of fees and charges for parkS and recreation services and
programs as approved by the Parks and Recreation Commission on December 13, 2006, and
attached hereto, be adopted for FY07 and FY08.
Passed and approved this 9th
day of T~nll~TY , 2007.
~ J. Oiv
MAYOR - -
:~:;t ~
'CityAtt~Y-- ~ Izl~l"v
-
ATTEST: 'Att;~-u.J II. ~
CITY ERK
It was moved by r.h~mp;nn and seconded by O'Dnnnell
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
parksreclleslteeS06.doc
".- ._"-,._----"--,_.__._--------_._._~--._.._.._~-"~_._-
._--_._.__.,----~..._-,_._,.--~-_."-_._--~--~_._._-----_.._,-,-,------
Adopted by Parks & Recreation Commission
December 13, 2006
PROPOSED FY2008
And
TENTATIVE PROPOSALS FOR FY09& FYIO
(to be reviewed annually)
RECREATION DIVISION FEES & CHARGES
City of Iowa City
Parks and Recreation Department
12/08/06
~DroD~ed from 24lessons/8 weeks to 18 Iessons/6 weeks
-Dro pad from 8 lessons/4 weeks to 6 Iessons/3 weeks I
(T) Either entirely or partially subject to sales tax
,--
TOTAl SPORTSIWELLNESS REVENUE
~ I Less Sales Tax
I
GRAND TOTAl SPORTSIWELLNESS REVENUE
$
161,674.00
168,035.00
J!l,361.00
NJTL Tennis (18Iessons)*
Youth Tennis (6Iessons)**
Adult Tennis (8 lessons)
Adult League (6 matches
! 27.00 $
! 22.50 $
! 30.09.. $
New PrQ9!am
27.00
22.50
30.00
!
!
$
30.00
25.00
35.00
!
!
$
30.00
25.00
35.00
!
!
$
35.00
27.50
40.00
!
!
$
35.00
27.50
40.00
!
!
!
$
28.00
18.00
45.00
18.00
!
$
!
!
!
$
2,800.00
1,260.00
3,375.00
360.00
00 $
70 $
75 $
20
37.50
30.00
45.00
!
!
$
40.00
32.50
45.00
Youth Football
Youth Volleyball
Youth Basketball
Youth Gymnastics
10 classes)
!
!
!
!
22.50
22.50
22.50
22.50
!
!
!
$
22.50
22.50
22.50
22.50
!
!
!
$
25.00
25.00
25.00
25.00
!
!
$
"$
25.00
25.00
25.00
25.00
!
!
!
$
27.50
27.50
27.50
27.50
!
!
!
$
27.50
27.50
27.50
27.50
!
!
!
$
30.00
30.00
30.00
30.00
!
!
!
!
7,500.00
2,250.00
7,200.00
2,550.00
250 $
75 $
240 $
85 $
30.00
30.00
30.00
30.00
!
!
!
!
32.50
32.50
32.50
32.50
Indoor leagues
Outdoor leagues
Adult Basketball
High School Basketball
Racquetball Court houdYJee
!
!
!
!
$
95.00
65.00
90.00
90.00
3.00
!
!
!
!
$
100.00
70.00
195.00
95.00
3.00
!
!
!
!
$
100,00
70.00
195.00
95.00
3.50
!
!
!
!
$
05.00
75.00
200.00
100.00
3.50
!
!
!
!
$
110.00
80.00
210.00
100.00
3.50
!
!
!
!
$
110.00
80.00
210.00
105.00
3.50
!
!
!
!
$
115.00
85.00
215.00
110.00
3.50
!
!
!
!
$
9200.00 (T)
680.00 (T)
3440.00 (T)
2640.00 (T)
640.00-'IL
80 $
8 $
16 $
24 $
240 $
115.00
85.00
215.00
110.00
3.50
!
!
!
!
$
120.00
90.00
220.00
115.00
3.50
,- -
Adult VolI~lI-
--
Fall
Summ~eagues
Co-ed teams
leagues
Co-ed teams
!
!
!
$
345.00
365.00
190.00
200.00
!
!
!
i 200.00
345.0Q
365.00
190.00
$ 350.00
$ 370.00
$ 195.00
$ 205.00
!
!
!
$
350.00
370.00
195.00
205.00
!
!
!
$
360.00
380.00
200.00
210.00
$ 360.00
$ 380.00
$ 200.00
$ 210.00
!
!
!
$
370.00
390.00
205.00
215.00
!
!
$
$
23,680.00 (T)
65,600.00 (T
6560.00 (T
2580.00J:r
64$
40 $
32 $
12 $
205.00
215.00
!
!
!
$
380.00
400.00
210.00
220.00
SPORTS :S
Fitness
--
Softball/Base Renta!:
'ithout lights
'==-~-- J.{!th lights
Soccer Field Ren~1 .
__Without field prep
Withfiel~~
Adult
Softball-
!
$
7.50
5.00
!
$
!
$
!
$
370.00
390.00
$
$
!
$
!
$
8.50
5.00
9.00
17.00
9.00
17.00
!
$
10.00
20.00
!
$
10.00
20.00
$
4000.00 (T
300H
12.00
22.00
!
$
12.00
22.00
$
8,00
25.00
FY02
25.00
8.50
26.00
FY03
$~OO
8.50
26.00
FY04
$ 27.50
!
$
FYOS
$ -v.50
9.00
27.00
!
$
$
9.00
27.00
FYOG
30.00
$ 10.00
$ 30.00
$
FY07f
30.00 $
!
$
10.00
30.00
PROPOSED
FYOB
32.50
$
8000.00 (It
ESTIMATED
TOTAL REVENUE
$13,520,00
450 H
PARTIC/PAiT
NUMBERS
416 $
12.00
34.00
TENTATIVE
FYOg
32.50
!
$
$
TENTATIVE
FYl0
35.00
12.00
34.00
~._n
2
NOTE: FY05 is the firs~ar fees have been broken down in this manner.
*Gofrom6
Previou~ fees were grouped with a ra~e of $10-90.
week league
to
da
tournament.
- ~._-
I Grant Wood Gym Rental
---+---
-
New Facility
$
30.00
$
8,640.00
288
HOTEUMOT,E_LTAX (10~,L
TOTAl. SCANLON GYMNASIUM REVENUE
$
164,527.00
All Ages -
p & G Room Rentals Etc.
Gym Per Court
Birthd~
New Program
!
$
20.00
27.50
!
$
22.50
27.50
!
!
$
25.00
30.00
75.00
!
!
!
$
83,427.00
2,500.00
19,050.00
7,500.00
100 $
635 $
100
25.00
30.00
!
$
30.00
35.00
Senior High Activities :_
__ PiQ9...rams (Intramurals
30~-
,$
30.00
32.50
-------
Junior High Ac~vities -
*Intramurals teams of 4 New Pr ram
_m Danc:es _ I
Intran:aJ:!!:al (individual) New P!Q9!:am
$
$
10.00
5.00
$
$
15.00
5.00
$
!
!
$
25.00
5.00
6.00
1.00
$
!
!
$
250.00
100.00
6,900.00
100.00
0[$
110 $
---1150 $
,100 $
5,00
7.00
1.00
!
!
$
6.00
7.00
.00
_lQ!li..r'!!.~:
--~----
Preschool Activities:_
_~__ Tot Sport (4 weeks)
___0_ Pee Wee SPorts (6 wee~
.___"_Tee Ball
5th/6th Grad~~~tL~!ies __
----'---______~_~rties
~ew PrQ9!am
----.---
New PrQ9fam
$
5.00
$
5.00
---
---
-------....-_.
$
25.00 T $
27.50
!
!
!
!
$
15.00
30.00
32.00
6.00
!
!
!
$
7,800.00
1,500.00
24,000.00
6,400.00
1300
100
800
200
! 15.00 $_--.Jl~
! ~O $ 32.50
j__ 32.00 $ 35.00
$
7.00
$
--
8.0Q
50~:
--
SCANLON GYMNASIUM
TotTi~
FY02
FY03
FY04
FY05
$
0.75
FY06
,$
0.75
FY07
1.00
PROPOSED
FY08
$
5,000.00
ESTIMATED
TOTAL REVENUE
PARTICIPANT
NUMBERS
1.00
TENTATIVE I TENTATIVE
FY09 FY10
$
1.22
Summer
.. 14-week user card
C8r:!:!.Q..fee now indudes supervised
la
Camp format is now weekl
3
FREE PROGRAMS: _
Summer PJaYQrounds
Halloween Parade
Swim Fest
Winter Carnival
Family Fun Nights
Market Music
TOTAL SOCIAUCULTURAL REVENUE
$
134,080
~..-
-~-
Children's Theatre
~_cience & Nature
Summer Camp (2 week session
1---- 1 session
2 sessions
3 sessions
4 sessions
~ervised PI;!y
Children's Cultural
Adult Cultural
Print Shop Uses
Children's Social
Adult Social
~-
1-
1-
L_
1-
$
10-20
140.00
280.00
420.00
560.00
20.00
12.00
55-65
$ 150.00
$ 300.00
$ 450.00
$ 600.00
$ 20.00
$ 12.00
55-65
2-22
$ 155.00
$ 310.00
$ 465.00
$ 620.00
$ 22.00
$ 14.00
60-70
12-22
2-22
$ 155.00
$ 310.00
$ 465.00
$ 620.00
$ 22.00
$ 14.00
60-70
$
~
~
~
~
~
$
12-22
1.50
165.00
330.00
495.00
660.00
22.00
14.00
70-80
$
$
$
.
14.00
70-80
8.00
12-22
1.50
$
$
$
16.00 $
75-85 $
8.00 $
14-24 $
1.50 $
$
20,795
1,465
14,400
10,200
320
76_,800
640
900 $
120
40 $
320
977 $
16.00
75-85
8.00
14-24
1.50
$
$
$
18,00
80-90
8.00
14-24
1.50
~
$
24.00
14.00
~
$
24.00
14.00
!
$
!
$
$
14.00
$
'120.00
$
125.00
$
130.00
26.00
16,00
26.00
16.00
!
$
28.00
18.00
!
$
28.00
18.00
!
$
30.00
20.00
!
$
3,600
400
~
201$
30.00
20.00
!
$
32.00
22.00
I KindeioundS
Card (4 months
Clay (25 Ibs.
! 55.00
Qost +5~
- -
$ 12.00
!
$ 60.00
Cost +5%
2.00
$
L 60.00
Cost +5%
14.00
$
! 80.00
Cost +5%
14.00
$
! 80.00
Cost +5%
6.00
$
$ 80.00
Cost +5%
16.00
$
18.00
85.00
Cost +5%
$
!
$
1,620
3,400
900
901 $
1Ql$
601
18.00
85.00
Cost +5%
$
20.00
90.00
Cost+5%
--
potter's StuQ~
SOCIAUCUL TURAL
o.ark Room (2 hours)
$
FY02
6.00
FY03
$ 6.00
FY04
$ 6.50
FY05
'40.00
$
FYOB
40.00
$
$
FY07f
40.00 $
PROPOSED
FYOB
45.00 $
ESTIMATED
TOTAL REVENUE
180
PART/C/PAN*
NUMBERS
4 $
TENTATIVE
FY09
45.00
$
$
TENTATIVE
FY10
45.00
---
Swim Club:
25 yard/meter
"'*50~d/meter
Pool Rentals (per hour).
General Public:
-. Recreation centel_
MPAC
20.00
30.00
30-55
75.00
Monthly Passes (Sept.-May only) -
Individual
Family (5 people)
Each additional member
NA
NA
NA
NA
NA
NA
NA
NA
NA
$
~
$
10.00
20.00
2.00
i
i
$
TOTAl PASSES
10.00
20.00
2.00
Individual
Family (5 people)
Each additional member
i
i
$
156.00
312.00
30.00
$ 156.00
$ 312.0Q
$ 30.00
i
i
$
176.00
352.00
35.00
i
i
$
150.00 $
300.00 $
25.00 $
150.00
300.00
25.00
i
i
i
150.00
300.00
25.00
i
i
$
162.00
324.00
25.00
i
i
$
21.060
11,988
275
130 $
37 $
11 $
162.00
324.00
25.00
i__ 174.00
i 348.00
$ 25.00
Annual Passes -
~'
3 Month Passes.
Punch Cards -
I (20 admissions until FY04
AQUATICS
Da!!y'" Admissions -
20.00
35.00
30-55
75.00
i
i
$
10.00
20.00
2.00
i
i
$
11.00
22.00
2.00
i
$
$6~,723 (T
7,535
3.850
o
._ Individual $
-Eamil Sole $
E~~h additional member $
78.00
156.00
15.00
i
i
$
78.00
156.00
15.00
$ 88.00
$ 176.00
$ 20.00
i
i
$
60.00
120.00
15.00
i
i
$
60.00
120.00
15.00
i
i
$
60.00
120.00
15.00
i
i
$
63.00
126.00
15.00
i
$
"$
8.190
12,600
225
130 $
100 $
15 $
63.00
126.00
15.00
i
i
$
----
66.00
132.00
15.00
$
$
20.00
35.00
30-55
75.00
685 $
175 $
o $
11.00
22.00
2.00
i
i
$
12.00
24.00
2.00
34.00
FY02
2.00
20.00
35.00
30-55
75.00
$
FY03
i- ~OO
20.00
35.00
30-55
75.00
34.00
$
FY04
$ 2.25
20.00
35.00
30-55
75.00
38.25
$
$
25.00
40.00
30-55
75.00
18.00
FY05
2.25
$11,800 (T
$30~T
$
$
295H
41 $
20.00
FY06
2.50
25.00
40.00
30-55
75.00
$
$
i
$
$
20.00
FY07f
2.50 $
25.00
40.00
30-55
75.00
$
22.00
Proposed
FYOB
2.75
$46.816 (T
ESTIMA TED
TOTAL REVENUE
$119,410 IT
2,1281 $
PARTICIPANT
NUMBERS
43,422 $
-
22.00
TENTATIVE
FY09
ill
$
$
24.00
TENTA TIVE
FYl0
3.00
5
"Chao ad to "Summer Pass. in FY04
".Exclusive use of entire 8 lanes
""Fees include $1 surchar~e bt the American Red Cross
:Ither entirely or partial Y su Ie sales
i
GRAND TOTAL, AQUATICS REVENUE II $
Total AQuatics Revenue
Less Sales Tax
~
$
530.969
543,171
-02,202
L
--
Vending - MPAC
VendinQ - City Park Pool
ISchool_District (cost share for MPAC; 25% of specifi~d items~ 28E Agreement)
Hotel/Motel Tax (15%) ._
~
~
~
$
8,547.00
2,277.00
85,964.00
100,112.00
City Park
Mercer Park
.25-.50
.25-50
.25-.50
.25-.50
.25-.50
.25-.50
.25-.50
.25-.50
.25-.50
.25-.50
-
.25-.50
.25-.50
.25-.50
.25-.50
$
l
800.00
4,739.00
2285
3540
.25-.50
.25-.50
.25-.50
.25-.50
~ckers
~tWa-Punch
$
41.25
$
41.25
$
45.00
$
45.00
$
50.00
~
50.00
$
55.00
$
14,025.00
2551 $
55.00
$
60.00
-
AQUATIC
!~structional_Le;>sons: _.
_ Pare~yrot (10 @45 min.)
Preschool (10 @45 min.
Red Cross Basic lessons
19 lessons @ 45 min.)
Private Lessons (4 @ 20 min.)
Adult Less~~s (10 @ 45 min.) __
Diving Lessons (10 @45min.)
.....Basic Water Rescue (10 hrs.
.**Lifeguarding (46 hrs.)
H.Water Safety Aide (20 hrs.)
".Water Safety Instructor (40 hrs.)
***Lif~ar, ,structor (27 hrs.
~
j
~
~
~
~
~
~
$
21.00 $ 21.00
20.00 $ 22.50
25.00 $ 25.00
20.00 $ _, 20.00
22.50 $ 22.50
80.00 $ 80.00
42.00 $ 42.00
,?2.00 $ 82.00
45.00 $ 45.00
~
~
~
~
~
~
~
~
$
TOTAL INSTRUCTIONAL PROGRAMS
23.50
27.50
27.50
22.50
25.00
85.00
45.00
85.00
50.00
~
~
~
~
~
~
~
~
$
23.50
27.50
27.50
22,50
25.00
85.00
45.00
85.00
50.00
~
~
~
~
~
~
~
~
$
26.00
30.00
30.00
25.00
27.50
90.00
50.00
90.00
55.00
~
~
~
~
~
~
~
~
$
26.00 $
30.00 $
30.00 $
25.00 $
27.50_ -1
90.00 $
50.00 $
90.00 $
55.00 ,~
28.50
32.50
32.50
27.50
30.00
95.00
55.00
95.00
60.00
3_______~:!!~8.;.02
~
~
~
~
~
~
~
~
$
32,775.00
25,350.00
488.00
495.00
300.00
1 ,900.00
550.00
950.00
600.00
1150 $
780 $
15 $
18 $
10 $
20 $
10 $
10$
10 $
28.50
32.50
32.50
27.50
30.00
95.00
55.00
95.00
60.00
~ 31.00
~ 35.00
L_ 35.00
L-_ 30.00
~ 32.50
~ 100.00
~ 60.00
~ 1 00.00
$ 65.00
$
$
20.00
20.00
$-20.00 $
$~ ' 20.00 $
22.50
22.50
$
$
22.50
22.50
!
$
25.00
25.00
!
$
25.00
25.00
$
$
27.50
27.50
!
$
6,875.00
12,375.00
250lj
45oT$
$
$
FY02
FY03
FY04
FY05
FY06
FY07
PROPOSED
FYOB
ESTIMA TED
TOTAL REVENUE
PARTICIPANT
NUMBERS
27.50
27.50
TENTATIVE I TENTATIVE
FY09 FYIO
30.00
30.00
PROPOSED ESTIMATED I PARTICIPANT TENTATIVE I TENTATIVE
SPECIAL POPULATIONS FY02 FY03 FY04 FYOS FY06 FY07 FYOS TOTAL REVENUE NUMBERS FY09 FY10
BPI Clubs $ -'.00 $ 7.00 $ -s.00 $ -aOO $ ---g.OO $ 9.00 $ 10.00 $ 580.00 58 $ 10.00 $ 11,00
SP.I Special Events $2-~6 $3-18 $3-18 $4-19 $4-19 $ 12.00 $5-20 $ 1,600.00 128 $5-20 6-21
--- $12.50- $12.50-
SPI Ree Programs $5-15 $10-15 $10-15 17.50 17.50 $ 15.00 $15-20 $ 2,275.00 - 130 $15-20 __$16-21
- $ $ $ 27.50 $ $ 30_00 $ 1,650.00 - ~ ~, $ 32.50
Adapted Aouatics l7 classes) $ 22.50 $ 22.50 25.00 25.00 27.50 - 30.00
,.-. - - - --,
, -
SPI SPECIAL EVENTS SPI RECREATION PROGRAMS -
SPI CLUBS
"Bowlinn Tournament & Bannuet Sports & Fitness: - IndenEmdent Livi~__
*Goodtimers Club -
"Coffeehouse Club Soecisl Olvrnoics CO,!!~S Softball - '*Cookina
Sibship Halloween Dance Basketball .. Aauatics - "Sian lannuane
FRIENDS Other Holidav Snecial Events GVlT\nastics Bicvcling - "Relaxation
Summer Picnic Cheerleadin,=__, Downhill and - "Environmental Education
-- Misc. Others "Fishing .__ Cross CountrY Skiina - "Leisure Education
" -.f--- Track & Field Bowling - and other tonics of interest to na
Soccer I
SPI ADAPTEO AQUATICS .. lI..nua-Stretch - ,-
"Swim instruction for oersons w/ohvsicallimitations ani I -
- -
"Swim instruction for nersons w/snecial need~ e--- Outdoor Nature Activities: - Arts & Crafts:
- I_ e--- Hikinn I - *Fascinatin-a Flowers
I ~"- Plant and Animal Life Classes * Art in the Park .,,-
SPECIAL OLYMPICS PROGRAM -=: I I - *Potterv ,
See SPI Recreation PrOQrams Music Proarams: - *Fabric Paints Art
- Vocal Music Grouos I - Drama classes (jazz. ballet, mod
- - ._-~
- R~~m Instrument Grou 5 dance. creative dance. square de:
,- - - -- .Ma~ other art c1ass~s
--- - ,-
- - -
-- -
-
-
-,
* Fees assessed TOTAL S_PJ_ REVENUE $ 6,105.00
6
PROPOSED ESTIMA TED PARTICIPANT TENTATIVE TENTATIVE
RECREA TION CENTER FY02 FY03 FY04 FY05 FY06 FY07 FYOB T07AL REVENUE NUMBERS FY09 FY10
Room Rentals (oer 3 hours use -
Mtg. .!3oom/Kitchen/Craft Room $ 9.00 $ 9.00 $ 10.00 $ 10.00 $ 11.00 $ 11.00 $ 12.00 $ 6,000.00 500 $ 12.00 $ 15.00
Social Hall $ 45.00 $ 45.00 $ 50.00 $ 50.00 $ 55.00 $ 55.00 $ 60.00 $ 9,000.00 150 $ 60.00 $ 65.00
---- Gymnasium (per.hour/court)-
Half Court $ 22.50 $ 22.50 $ 25.00 $ 25.00 $ 27.50 $ 27.50 $ 30.00 $ 3,000.00 100 $ 30.00 $ 32.50
Full Court $ 45.00 ~- 45.00 $ 50.00 $ 50.00 $ 55.00 $ 55.00 $ 60.00 $ 2,100.00 35 $ 60.00 $ 65.00
Locker Rentals - ~-
f---- Daily (coi!1-Qoerated .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50 .25-.50
Monlhlv $ 5.00 $ 5.00 $ 7.00 $ 7.00 $ 7.00 $ 7.00 $ 8.00 $ 8.00 $ 8.00
Six Months $ 20.00 $ 20.00 $ 24.00 $ 35.00 $ 35.00 $ 35.00 $ 40.00 $ 4,020.00 750 $ 40.00 $ 40.00
r.-..' $ 7,433.00 0
Vendine Machines
~_f'!1ent Rental - Weekda $ 4.00 $ 4.00 $ 5.00 $ 5.00 $ 6.00 $ 6.00 $ 7.00 $ 7.00 $ 8.00
Weekend $ 7.00 $ 7.00 $ 8.00 $ 8.00 $ 9.00 $ 9.00 $ 10.00 $ 850.00 100 $ 10.00 $ 11.00
~Q-jn Use - Game Room No fee No fee No fee No fee No fee No fee No fee No fee No fee
Weicht Room No fee No fee No fee No fee No fee No fee No fee No fee No fee
Gvrn No fee No fee No fee No fee No fee No fee No fee No fee No fee
Farmers Market -
Oail $ 8.00 $ 8.00 $ 8.50 $ 8.50 $ 9.00 $ 9.00 $ 9.50 $ 950.00 100 $ 9.50 $ 10.00
~- Season loer market $ 6.00 $ 6.00 $ 6.50 $ 6.50 $ 7.00 $ 7.00 $ 7.50 $ 27,000.00 3600 $ 7.50 $ 8.00
-=-- $ 14.00 $ 14.00 $ 16.00 $ 16.00 $ 18.00 $ 18.00 $ 19.00 $ 1,482.00 78 $ $
~e.n Plots 19.00 20.00
NOn~re5ident Fees (for misc. activities through division) $ 5,000.00
Commissions <telephone, other misc.) $ 771.00
Theme Park Ticket Sales $ 10,000.00
Low Income Discounts . $ (7,500.00
.. TOTAL RECREATION CENTER & OTHER REVENUE $ 70,106.00
,.
GRAND TOTAL, RECREATION DIVISION REVENUE $ 1.076,101.00
Inon-oronerlv taxI
-, I
I
7
SUMMARY
RECREATION DIVISION REVENUES & BUDGET
FY2008
Total Non-Property Tax Revenues
FY07 Proposed Budget per 10/20/06 printout
Less Capital Outlay
12/08/06
$1,076,101
2,684,388
170,081
2,514,307
Non-Property Tax Revenue to Support Budget
42.80%
_ rilEu
~:,... ,:,... ~'T il "j'~' ,......... ,...,.......
v....'. t':,~ . !~:~. I '_Jr .); I Tr-
IJ'#.~ '.
:n
JUl 13 II 2 9 ~H 'D7
Prepared by: Mitchel T. Behr, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO, 0)11-14
RESOLUTION AUTHORIZING EXECUTION OF A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL
DISTRICT INVOLVING THE GRANT WOOD SCHOOL GYMNASIUM
WHEREAS, the Iowa City Community School District (lCCSD) has constructed a new
gymnasium at Grant Wood Elementary School, 1930 Lakeside Drive; and
WHEREAS, the City and ICCSD agreed to construct the gymnasium of sufficient size to allow
the City to provide recreational opportunities for its citizens at the site; and
WHEREAS, as consideration for the larger gymnasium to be constructed at the school, the City
has contributed $460,000 towards construction costs; and
WHEREAS, it is necessary for The City and ICCSD to enter into an agreement pursuant to
Chapter 28E of the Code of Iowa (2005) to outline the responsibilities of each party.
NOW, THEREFORE, BE IT RESOLVED BY THE CI1Y COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1, The Mayor and City Clerk are hereby authorized to execute in triplicate the attached
Chapter 282 agreement with 111e Iowa City Community School District, and said
agreement is hereby approved as to form and content, and is found to be in the best
interests of the citizens of Iowa City, Iowa.
2. The City Clerk is hereby authorized to forv/ard two of the original executed Resolutions
and Agreements to the Offices of Super'intendent, Iowa City Community School District,
for approval and execution by the School District, recording with the offices of the Johnson
County Recorder and filing with the Iowa Secretary of State, wjth recording and filing costs
to be shared by the City and the School District.
Passed and approved this 9th
day of ;.'7'". Coo.) 11:: _.
~
Approved by
~ IzJl~/"""
ATTEST: ~A./~) -k< IIdM)
CI CLERK
1111 ~nlm 11111
Resolution No.
Page ?
07-14
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
Vanderhoef
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
~--~.._------------~.._--~---~-~..~_...---~..._~-"-_..-,---'"._----,,-_._--_._--_._---,_._-~~-,---_._"--,.._-_.-..-
x
x
x
x
x
x
x
GRANT WOOD SCHOOL GYM
28E AGREEMENT
THIS AGREEMENT entered into by and between the City of Iowa City, 410 E.
Washington St., Iowa City, Iowa 52240, hereinafter referred to as "The City"; and the Iowa City
Community School District, 509 S. Dubuque Street, Iowa City, Iowa, hereinafter referred to as
"ICCSD."
WHEREAS, ICCSD has constructed a new gymnasium at Grant Wood Elementary
School, 1930 Lakeside Drive; and
WHEREAS, The City and ICCSD discussed constructing the gymnasium of sufficient
size to allow The City to provide recreational opportunities for its citizens at the site; and
WHEREAS, as consideration for the larger gymnasium to be constructed at the school,
The City has agreed to contribute $460,000 towards construction costs; and
WHEREAS, it is necessary for The City and ICCSD to enter into an agreement pursuant
to Chapter 28E of the Code of Iowa (2005) to outline the responsibilities of each party.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. PURPOSE. This Agreement will provide for the deyelopment, ownership, management
and operation of a joint education and recreation facility in the above-referenced elementary
school, including without limitation, the gymnasium and a gymnasium storage space (the
"Facility"). This Agreement is made between the parties under the authority of Chapter 28E of
the Code ofIowa (2005) and implements the terms, conditions, and intentions of the parties as it
pertains to said Facility.
II. JOINT EXERICSE OF POWERS. The parties agree the purpose of this Agreement is
to jointly exercise their respective powers under Chapter 28E of the Code ofIowa (2005), to
finance, develop, construct, operate and manage a public improvement, to wit: An
education/recreation facility for the primary use as an elementary school and secondary use as a
recreational facility.
III. DURATION. The parties hereto agree this Agreement shall be effective upon its
execution by both parties and remain in effect for an initial term of ten (10) years with
guaranteed options as described herein.
IV. ADMINISTRATION/OWNERSHIP. The parties agree that the Superintendent ofthe
ICCSD shall be designated as the Administrator for the purposes of this Agreement as provided
in Section 28E.6 of the Code ofIowa (2005). ICCSD shall be the owner of the Facility. The
City's rights to use the Facility shall be determined by this agreement.
V. FINANCING OF THE CONSTRUCTION OF THE FACILITY.
A. ICCSD shall finance the construction of the new facility by means other than
specified in this agreement.
B. The City shall reimburse ICCSD for the additional costs necessary to construct the
Facility. These costs shall be in the amount of not- to-exceed $460,000. Said reimbursement shall
be made within 30 days of receipt of invoicing from ICCSD.
VI. MANAGEMENT AND OPERATION OF THE JOINT
EDUCA TION/RECREA TION FACILITY.
A. In consideration of The City's contribution to the construction costs of the
Facility, ICCSD hereby provides use of the Facility to The City for its benefit, in accordance
with the following terms and conditions. The City's right to use and occupy the Facility shall
commence at midnight on the 20th day of August, 2006 and shall terminate at midnight on the
same date ten (10) years hence.
B. Possession and Use of the Facilitv. The City's right to occupy and use the
Facility is not exclusive. While it is the intent of this Agreement that the Facility is to be shared
and jointly used by ICCSD and The City, the timely scheduled activities of Or ant Wood
Elementary School shall take precedence. The use of the gymnasium by The City shall be timely
scheduled around ICCSD activities and shall occur in the early morning hours, the late afternoon
and evening hours and on weekends. However, ICCSD and The City may, from time to time,
agree to alter and adjust the schedule for the use of the Facility as may be mutually beneficial to
each party.
1. The parties hereby recognize all events related to the ICCSD and
PTAlPTO or school sponsored activities will be scheduled in advance and blocked off the
calendar at least 30 days in advance and supervised by ICCSD. The City agrees that the
Facility will not be available for its use during those times. The parties agree that it is the
intention of this Agreement that ICCSD activities in the Facility shall not be disrupted by
City activities and that, consequently, timely scheduling ofICCSD activities (at least 30
days in advance) shall have priority over all City activities.
2. The City agrees to manage the Facility from 3 p.m. to 10 p.m. weekdays
and twenty-four (24) hours a day on weekends. Included in this management is
scheduling of all outside groups, supervision of the Facility when no school staff is on
duty, and collecting rental fees where appropriate. When school is not in session The City
may schedule activities before 3 :00 p.m. weekdays so long as such activities are
scheduled and approved in advance, and do not interfere with school activities or
maintenance efforts.
3. The City acknowledges that ICCSD has certain Board policies governing the
use of its facilities. These include policies relating to health and welfare and are designed
for the benefit of ICCSD and all Facility users. The City agrees that during the time it is
managing and/or using the Facility, these Board policies will continue to apply and
ICCSD will proyide copies of all applicable policies to The City prior to the
commencement of this Agreement and shall provide modified policies to The City from
time to time throughout the term of this Agreement.
2
4. As part of this Agreement, The City will also have the ability to schedule
and use the Facility, which includes the gymnasium and gymnasium storage space. The
Facility shall remain under the control of ICCSD and the use of it will be scheduled on a
semi-annual or more frequent basis by The City Parks and Recreation Director, or his/her
designee, and ICCSD's Superintendent or the Superintendent's designee. The designated
persons will meet periodically to schedule and coordinate the use of this facility. Though
ICCSD will remain in control of this facility and other groups may have the opportunity
to use the facility, The City shall have first priority on the use of the space whenever
ayailable.
C. Operation and Maintenance. ICCSD shall have the primary responsibility and
authority for the operation and maintenance of the Facility, and shall have the responsibility to
provide general supervision of the Facility during ICCSD's normal operating hours. The
operation of the Facility shall be under the general administration and supervision of the
Superintendent ofICCSD, who may delegate responsibility for any day to day operation of the
Facility to the principal of the Grant Wood School, or to such other individual as the
Superintendent may deem appropriate.
The City shall have the responsibility to provide appropriate personnel to supervise the
use of the Facility during the periods of The City's use. During periods of The City's use of the
facility, The City shall provide personnel to monitor the Facility and will clean the Facility so
that it is the same condition as it was prior to usage. ICCSD shall provide The City with keys to
the Facility for such purposes.
D. Budget and Cost Sharing. It shall be the primary responsibility ofICCSD to pay
for all costs associated with the Operation of the Facility, except as provided herein. The costs of
refurbishing the Facility or any part thereof shall be apportioned between the parties based on
each party's actual use of the Facility or the portion(s) thereof at issue; provided that ICCSD
shall not proceed with any refurbishment of the Facility for which ICCSD intends The City to
pay any portion thereof without first obtaining approval of the proposed refurbishment and
portion of cost attributable to The City's use. It is understood that, while repairs made as part of
the general maintenance and upkeep of the Facility, as such, shall be the responsibility of
ICCSD, repairs made as a result of misuse of the Facility shall be made by the party utilizing the
Facility. During times of the City's use of the Facility, The City may charge for programs that
will be held in the gymnasium and may rent out the gymnasium.
VII. ASSIGNMENT AND SUBLEASE. Except as expressly provided in this Agreement,
The City will not sublease the Facility to any person or entity for any purpose.
VIII. RENEWAL OF AGREEMENT. The City shall have the option to renew this
Agreement for five (5) additional periods of fiye (5) years, each upon the same terms and
conditions as provided herein, provided that The City is not in default of any of the material
provisions of the Agreement at the time the renewal is to be effective. Renewal will be
automatically effective for each option period unless The City giyes written notice to ICCSD of
non-renewal at least 90 days prior to the date upon which the initial terms of the Agreement, or
any term, is set to expire.
3
IX. DECLARATION OF DEFAULT AND NOTICE. In the event that either party
determines the other party has defa.ulted in the performance of its material obligations hereunder,
the aggrieved party may declare that default has occurred and give. notice of such to the
defaulting party as listed in Paragraph X below. Said Notice of Default shall be given in writing
and outline the default with particularity, and describe what action is required of the defaulting
party to correct the default. If at the end of said thirty (30) day period, the default has not, in the
opinion of the aggrieved party, been corrected, that party may pursue its remedies as provided
herein, however, that if the default is of such a nature that it cannot be remedied within said
thirty day period, the defaulting party shall not be in material breach of this Agreement so long
as the defaulting party has made good faith efforts to remedy the default during said thirty day
period and remedies the default as soon as practicable.
X. REMEDIES UNDER DEFAULT. In the event of default by The City in its obligations
to make contributions to the cost of the construction of the Facility as provided herein, or to
make contribution to the costs of refurbishment, or default by The City in the performance of any
material provision of this Agreement, ICCSD, may, at its option, after declaring default and
giving notice thereof and a chance to remedy the default as described in Paragraph IX above,
seek termination of this Agreement or specific performance of its provisions.
In the event of default by ICCSD in its obligation to operate and maintain the Facility and
allow The City access to the Facility as provided herein, The City may, at its option, after
declaring default and giving notice thereof and a chance to remedy as described in Paragraph IX
above, seek termination of the Agreement or specific performance of its terms.
In order to obtain termination of this Agreement or specific performance of its provision,
the party seeking such relief shall, after expiration of the thirty-day period following receipt of
notice of default, commence a cause of action in the Johnson County District Court. The
petitioning party may seek termination and specific performance as alternative forms of relief in
the same cause of action. Nothing in this Agreement shall be construed to require the petitioning
party to elect its remedy at the time the suit is filed and the petitioning party, shall, to the extent
permitted by the Court, be allowed to amend its Petition to seek other relief, or to seek
alternative forms of relief.
XI. EFFECT OF TERMINATION. In the event this Agreement is terminated as provided
above, The City's right to occupy and use the Facility and its corresponding obligation to
contribute to the costs of construction and refurbishment shall cease. ICCSD shall thereafter have
unencumbered ownership of the Facility.
XII. MODICATIONS TO THE AGREEMENT. The City and ICCSD acknowledge that
from time to time it may be to their mutual advantage to modify the terms and conditions of this
Agreement. In that event, both parties agree that any mutually agreed upon modifications shall
be allowable as they may become necessary or desirable to implement the general purpose of this
Agreement; provided, howeyer, that no waiyer, change, modification or amendment of this
Agreement shall be binding upon either party unless in writing and signed by the affected party.
The waiver of either party hereto of a breach of any provision of this Agreement shall not
operate or be construed as a waiver of any subsequent breach of that proyision by the same party,
or of any other provision or condition in this Agreement.
4
XIII. INDEMNITY AND HOLD HARMLESS. The City hereby agrees to indemnify, defend
and hold harmless ICCSD, its officers, agents and employees, against any and aU claims, suits,
actions, debts, damages, costs, charges, and expenses, including court costs and reasonable
attorney's fees, and against any and all liability for property damage and personal injury,
including death resulting directly or indirectly therefrom, arising from any act of negligence of
The Ci.ty, either active or passive, or those of its agents, employees, assigns, or any other persons
acting on behalf in supervising use of the Facility and accompanying property by City
employees, staff, personnel or invitees pursuant to the terms of, and for the purposes specified in,
this Agreement, or arising from The City's supervision of any other use of the premises by The
City, its agents, employees, assigns, invitees, or any other person acting on its behalf, or arising
from the City's supervision of any activity which The City sponsors, suffers or allows to occur
on the property.
ICCSD hereby agrees to indemnify, defend and hold harmless The City, its officers,
agents, and employees, against any and all claims, suits, actions, debts, damages, costs, charges,
and expenses, including court costs and reasonable attorney's fees, and against any and all
liability expenses, including court costs and reasonable attorney's fees, and against any and all
liability fo~ property damage and personal injury, including death resulting directly or indirectly
therefrom, arising from any act of negligence of ICCSD, either active or passive, or those of its
agents, employees, assigns, or any other persons acting on behalf in the design, construction,
operation, maintenance, or general supervision of the public use of the Facility, and
accompanying property pursuant to the terms of, and for the purposes specified in, this
Agreement, or arising from any other use of the premises by ICCSD, its agents, employees,
assigns, or any other person acting on its behalf, or arising from any activity which ICCSD
sponsors, suffers or allows to occur on the property.
XIV. APPROVAL. This agreement has been approved as required by law by the City CotUlcil
of the City ofIowa City and the Board of Directors of the Iowa City Community School District
on the dates as indicated below. The parties hereto understand this Agreement may conflict with
current ICCSD policy and said policy shall be revised to confonn to the terms of this Agreement.
Dated:
T:mm,,..y 9. 2007
IO~: .LJ~
Ross Wilburn, Mayor
Dated:
ATTEST:
~~~. kavJ
Man Karr, City Clerk
~'~
President, Board of Directors
~~
Secretary, Board ofDirectol-s
5
(~
ADVERTISEMENT FOR BIDS
CONSTRUCTION OF TWO DUPLEX HOMES
LOCATED ON LOTS 10 & 11, LONGFELLOW
MANOR SUBDIVISION, UNDER THE
AFFORDABLE DREAM HOME
OPPORTUNITIES PROGRAM
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:00
A.M. on the 2nd day of January, 2007, or at a later
date and/or time as determined by the Director of
Housing and Inspection Services or designee,
with notice of said later date and/or time to be
published as required by law. Sealed proposals
will be opened immediately thereafter by the
Director of Housing and Inspection Services or
designee. Bids submitted by fax machine shall not
be deemed a "sealed bid" for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Emma J.
Harvat Hall at 7:00 P.M. on the 9th day of January,
2007, or at such later time and place as may be
scheduled.
The Project will involve the following:
Construction of the duplex homes and all
necessary site work on Lots 10 & 11 ,
Longfellow Manor Subdivision, Iowa City, Iowa
All work is to be done in strict compliance with
the plans and specifications which have hereto-
fore been approved by the City Council, and are
on file for public examination in the Office of the
City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied in
a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a surety
in the State of Iowa, in the sum of 5% of the bid.
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
lOW A, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
and post bond satisfactory to the City ensuring the
faithful performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the lowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days until a contract
is awarded, or until rejection is made. Other bid
bonds will be returned after the canvass and
tabulation of bids is completed and reported to the
City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by the
City Council, and shall guarantee the prompt
payment of all materials and labor, and also
protect and save harmless the City from all claims
and damages of any kind caused directly or
indirectly by the operation of the contract, and
shall also guarantee the maintenance of the
improvement for a period of one (1) year from and
after its completion and formal acceptance by the
City.
The following limitations shall apply to this
Project:
Completion Date: September 1, 2007
Liquidated Damages: $100 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and form of proposal blanks may be secured at
the Office of the Director of Housing and
Inspection Services, Iowa City, Iowa, by bona fide
bidders.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE's.
A listing of minority contractors can be obtained
from the Iowa Department of Economic
Development at (515) 242-4721.
By virtue of statutory authority, preference will be
given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal
Preference Act applies to the contract with respect
to bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
Hjsadmlresladbjds-ADHOPduplex11~.doc
~
Prepared by: Doug Boothroy, HIS, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5121
RESOLUTION NO. 07-15
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT WITH REGAL
CONSTRUCTION SERVICES, INC. FOR CONSTRUCTION OF TWO DUPLEX
HOMES UNDER THE AFFORDABLE DREAM HOME OPPORTUNITIES
PROGRAM.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority;
and
WHEREAS, on September 14, 1993, City Council considered and passed Resolution No. 93-255,
approving a Section 5(h) Implementing Agreement with HUD for the conversion of public housing
to private ownership, also known as the Tenant-to-Ownership program; and
WHEREAS, under this agreement the proceeds for such sales must be used to expand affordable
housing opportunities in Iowa City; and
WHEREAS, City staff has negotiated a contract with Regal Construction Services, Inc. for the
construction of two duplex structures located on Longfellow Place in the amount of $457,625.22
(base bid $453,250.00 + alternate $4,375.22); and
WHEREAS, the duplex homes would be sold under the Affordable Dream Home Opportunities
Program to four families who earn up to 80% of the median income; and
WHEREAS, the duplex homes would benefit the citizens of Iowa City by expanding affordable
home ownership opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
Under the direction of the City Attorney, the Mayor and the City Clerk are hereby authorized to
sign and attest a contract between the City of Iowa City and Regal Construction Services, Inc. for
the construction of two duplex dwellings located in Longfellow Manor Subdivision.
Passed and approved this 9th
day of Januarv .20 07
C~~
MAYOR
...
ATTEST: ~ k. ~~
CIT LERK
Approved by
Q'CH__~~" l- 3 ~o 1-
City Attorney's Office
hisadmfresllongfellow.ADHOP .12.18.06.doc
Resolution No.
Page ?
n7-1~
It was moved by r.orreia and seconded by O'Donnell
adopted. and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
. -\ I
i ' ' ,.i-~i^
"
V
~
Prepared by: Sylvia Mejia, Human Resources, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026
RESOLUTION NO. 07-lI'i
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE TRANSIT
DIVISION OF THE PARKING AND TRANSIT DEPARTMENT BY
INCREASING ONE MASS TRANSIT OPERATOR POSITION
FROM .75 TO 1.0 FULL TIME EQUIVALENTS (FTE).
WHEREAS, Resolution No. 06-73, adopted by the City Council on March 7, 2006, authorized
permanent positions in the Parking and Transit Department for FY07; and
WHEREAS, Iowa City Transit has begun operation of the Westside Hospital route, which
operates in excess of thirteen (13) hours per day; and
WHEREAS, operation of this route requires one (1) full-time position and one (1) part-time
position, instead of two part-time positions.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT the budgeted positions in the Transit Division of the Parking and Transit
Department be amended by increasing one Mass Transit Operator position from .75 to 1.0 FTE.
Passed and approved this 9th
d'ym (;4 u'1L-
MAYOR '
ATTEST: '~~...-u-J ~ ~
CITY ERK
It was moved by Vanderhoef and seconded by O'Donnell
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
humanrel/reslMTO.75.doc
~ ~
Prepared by: Steve Long, CD Coordinator, 410 E. Washington Street, 52240, (319) 356-5250
RESOLUTION NO. 07-17
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE COMMUNITY
DEVELOPMENT DIVISION OF THE PLANNING AND COMMUNITY
DEVELOPMENT DEPARTMENT BY INCREASING THE PROGRAM ASSISTANT
POSITION FROM .50 TO .63 FULL TIME EQUIVALENTS (HE).
WHEREAS, Resolution No. 06-73, adopted by the City Council on March 7, 2006, authorized
permanent positions in the Planning and Community Development Department for FY07; and
WHEREAS, one full-time Associate Planner position has not been filled due to the uncertain
nature of future federal funding;
WHEREAS, there is a need to distribute the workload in the Community Development Division;
WHEREAS, a portion of the workload can be performed by the Program Assistant position;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT the budgeted positions in the Community Development Division of the
Planning and Community Development Department be amended by increasing the Program
Assistant position from .50 to .63 FTE.
Passed and approved this 9th
day of
,20.l!L-.
ATTEST: ~f':'~.J -J/. ~M)
CITY LERK
ppdcdbglreslcd program asst.doc
_.--_._-._._-_._------_._----------_.._~--
Resolution No.
Page 2
07-17
It was moved by Champ; on and seconded by Correia
adopted. and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
y
y
x
the Resolution be
ABSTAIN:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
N\\-.q
()
.:iU
Prepared by: Tracy Hightshoe, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5244
RESOLUTION NO.
Cl1-18
RESOLUTION AMENDING THE IOWA CITY 2006-2010 CONSOLIDATED PLAN (A.K.A.
CITY STEPS) TO CLARIFY THE PERCENTAGE ALLOCATED TO ECONOMIC
DEVELOPMENT ACTIVITIES FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ANNUAL ENTITLEMENT AND ESTABLISH A MAXIMUM AMOUNT
AVAILABLE FOR ECONOMIC DEVELOPMENT ACTIVITIES.
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of
Iowa City, Iowa, to prepare and submit a Consolidated Plan for the coordinated use of federal,
state and local funds to assist lower income residents with housing, jobs and services; and
WHEREAS, the Consolidated Plan should be clarified to indicate that fifteen percent (15%) of the
CDBG annual entitlement is set-aside for economic development activities; and
WHEREAS, the Consolidated Plan presently contains no limit on the maximum amount available
in the CDBG economic development fund, and it should be amended to provide that it should not
exceed $250,000; and
WHEREAS, the City Council finds that the public interest will be served by amending Iowa City's
Consolidated Plan as shown herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The Iowa City 2006-2010 Consolidated Plan, as amended, is hereby amended as follows:
a. Tables IV.2, IV.3, and IVA on Page 100 are clarified to indicate that 15% of the CDBG
annual entitlement shall be set aside for economic development activities.
b. Section IV.F, Paragraph 3 on page 121 is amended by adding the following:
The maximum amount available in the CDBG economic development fund shall not
exceed $250,000. The amount set aside for economic development activities shall be
determined at the time that applications are made available to the public for the new fiscal
year. If less than 15% of the CDBG entitlement or no funds are allocated for economic
development activities for the upcoming fiscal year, the amount targeted to housing and
public facilities will be pro-rated based on their current percentages identified in the
Consolidated Plan.
2. The City Council authorizes the City Manager to submit to HUD all necessary documents
related to the submission of Iowa City's 2006-2010 Consolidated Plan, as amended.
Resolution No. 07-18
Page 2
Passed and approved this
9th day of
ATTEST: ~t""":'~ R. ~
CITY LERK
.T anua rv
,2007.
It was moved by Correia and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
y
x
x
LegaVSuelRes ED-2007.doc
Pro tern
Approved by
~~ \a-)8--o~
City Attorney's Office
V::mdprhnpf
the Resolution be
ABSENT:
ABSTAIN:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
^^1 ::1U
Prepared by: Steve Long, CD Coordinator, 410 E, Washington Street, Iowa City, IA 52240, (319) 356-5250
RESOLUTION NO, 07-19
RESOLUTION ADOPTING IOWA CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INVESTMENT
POLICIES AND RESCINDING RESOLUTION NO, 05-213. .
WHEREAS, the U.S. Department of Housing and Urban Development, allows the City of Iowa City, Iowa,
flexibility on the allocation and investment of CDBG and HOME funds; and
WHEREAS, the Iowa City City Council established specific investment policies for the use of the CDBG
and HOME funds for public facilities, public service, housing and economic development activities via
Resolution 05-213; and
WHEREAS, the Iowa City City Council has discussed revising the investment policies for the use of
CDBG and HOME funds to allow for exceptions for housing activities; and
WHEREAS, adoption of the CDBG and HOME investment policies defined herein are applicable to FY08
and future CDBG and HOME funded projects; and
WHEREAS, the City Council finds that the public interest will be served by the adoption of CDBG and
HOME investment policies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The City of Iowa City City Council hereby approves and adopts the CDBG and HOME investment
policies shown in Exhibit A.
2. CDBG and/or HOME projects funded in FY2007 and years prior thereto are not affected by the
adoption of this resolution.
3. The City Manager is hereby authorized to execute, terminate or amend CDBG and/or HOME
Agreements entered into in connection with the allocation of public funds with subrecipients,
Community Housing Development Organizations (CHDOs) or other legal entities.
4. Resolution No. 05-213 is rescinded.
Passed and approved this 9th
Approved by
ATTEST: ~./~/Y/ #, ci:J~
CIT LERK
~~ f'J-o~
City Attorney's Office
wpdatalpcd cdbglres/cdbghomepolicies.doc
Resolution No.
Page 2
07-19
It was moved by Correia and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
x
x
x
x
x
x
Chamvion
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
ABSTAIN:
x
EXHIBIT A
CDBG AND HOME PROGRAM INVESTMENT POLICIES
Economic Development
Economic development projects making application to the CDBG Economic Development Fund
will be reviewed by the Council Economic Development Committee. The Council Economic
Development Committee will make a recommendation to the City Council for each project
proposed for funding. Said recommendation shall include the amount of CDBG assistance to be
allocated and the terms of investment.
Typically, for-profit business projects will receive low-interest loans; whereas, non-profits may be
recommended for forgivable loans or grants. Decisions regarding investment terms for economic
development projects will be made based on the nature of the project including, but not limited to,
the risk, potential for growth, the number of and quality of jobs created for low-moderate income
persons, the ability to repay a loan and the amount of other funding leveraged.
Housing
Rental Housing. Except as noted below, the interest rate for rental housing activities will be zero
percent (0%) for non-profit owned projects and prime rate (determined at the time the
CDBGlHOME agreement is executed by the City) minus two points for for-profit owned projects
with an amortization period up to thirty (30) years or the period of affordability, whichever is less.
Homeownership. Except as noted below, assistance to homeownership projects will have three
repayment options as shown herein. 1. A 20-year loan that must be paid in full when the
low/moderate income homeowner sells, transfers title, moves or rents the property or the 20-year
term expires, whichever occurs first. No interest will accrue and no payments will be required to be
made by the property owner prior to payoff. 2. The homeowner has the option to make monthly
payments to the City or its designee in a form not to exceed a 30-year, zero percent (0%)
amortized loan, a 30 year amortized loan must start at the time the assistance is provided. 3. If
CDBG\HOME assistance is provided to a certified non-profit organization, for a Community Land
Trust project, the CDBG\HOME funds will be in the form of a grant.
Tenant Based Rental Assistance (TBRA). All HOME funds provided for TBRA will be in the form
of a grant.
Exceptions. The City may grant a different interest rate and/or a different repayment option based
on the nature of the project including, but not limited to, the revenue generated, the ability to repay
a loan, the type of housing provided, the beneficiaries, the amount of other funding leveraged and
the location of the site.
Public Facilities
The City of Iowa City, as the recipient of Community Development Block Grant (CDBG) funds,
utilizes these funds for "public facilities" projects as defined in 24 CFR 570.201 (c) that are
completed by the City and\or subrecipents. The following policy applies to CDBG assistance
provided to non-governmental sub recipients ("governmental" includes only jurisdictions with taxing
authority as provided for in Iowa Code).
2
Projects that receive an allocation by the City of Iowa City will receive an earned grant, as defined
herein, which will be secured by a mortgage or other comparable security instrument. The
compliance term of the earned grant will be determined by the formula also provided herein. At the
end of the applicable compliance term the lien or other security instrument will be released by the
City. If the real property is leased, the lease shall be for a period that matches or exceeds the
compliance term of the earned grant.
. Earned Grant: A lien against the real property being assisted, or other comparable security,
which is repaid only upon transfer of title, rental of the property, or termination of services
or occupancy as outlined in the applicable CDBG Agreement. If the subrecipient fully
satisfies the terms outlined in the applicable CDBG Agreement the mortgage against the
property, or other security instrument, will be released by the City following the completion
of the compliance period that begins on the date of execution of the mortgage or security
instrument.
. Earned Grant Formula: The total amount of CDBG assistance allocated to a subrecipient in
anyone City fiscal year for a "public facility" project divided by $3,000 equals the number of
CDBG compliance years for the Earned Grant. (For example:$17,OOO in CDBG assistance
divided by $3,000 would equal a compliance term of 5.67 years or 68 months). If the
Earned Grant Formula results in a compliance term of less than one year (12 months) the
minimum compliance term shall be one year (12 months) and if the Earned Grant Formula
results in a compliance term of more than ninety-nine (99) years the maximum compliance
term shall be ninety-nine (99) years.
Public Service
Public Service projects as defined in 24 CFR 570.201 (e) shall receive CDBG assistance in the
form of a grant with a term of not less than one year.
ppclcdbg/proinvestpolicies 10/06
Highway 6 and South Gilbert Street
#/1
Marian Karr
From: Roger_Reilly@hillsbank.com
Sent: Tuesday, January 09, 20074:17 PM
To: Marian Karr
Cc: ChuckM@meardonlaw.com; John_Benson@hillsbank.com
Subject: Highway 6 and South Gilbert Street
Marian:
As we discussed eariier, I am attaching an e-mail I sent to Sara Okerland at the end of the year, outlining
our concern with the preliminary plan. If you could share this with the council members, it would help them better
understand our position. See you at the council meeting.
Roger
Sarah:
Our group appreciated the time spent with you and Doug Ernst at City Hall on Tuesday evening. To reiterate our
position regarding the changes to our ingress and egress, there are three areas of primary concern.
1.) It is not acceptable to us to allow the closing of our current ingress. Over 80% of our customers enter from the
north and, to our recollection we have not experienced many, if any, accidents or problems in the 24+ years we
have used this entrance. Moving the entrance to the current egress will cause problems and accidents to occur. It
will also make our drive-up faciiity virtually useless, as the traffic patterns caused by the entrance closure and
change of access will make the facility impossible to use.
2.) Our issue with the closing of the current entrance is even more important to us since a median is now shown
on South Gilbert Street, requiring customers entering our property from the south, to enter at the current egress
point. The median does not help our situation of serving our customers and will cause additional traffic at the
egress point. We feel the medians should be removed.
3. With adding to the traffic at our current egress with customers entering from the south (both to our location and
to our neighbor to the south) and with traffic entering South Gilbert from our three neighbors to the east, a traffic
signal seems appropriate at the egresslingress. Otherwise, the increased traffic will make it practically impossible
to leave the bank under the current plan.
Sarah, there is no doubt this project will make the area more pedestrian friendly. While Hills Bank certainly wants
to be a good citizen, I feel the proposed plan, in its current design, will have a serious negative impact on the
operation of the bank. We are hiring counsel to make sure the bank's interests are adequately represented.
Please do not take this to mean the bank will not continue to have an open and friendly dialogue with the city to
try to address both parties' needs.
If you or Doug need additional input prior to your January 9 meeting, please let me know and I will gladly meet
with you. Thanks for your work in this project.
Roger J. Reilly
Senior Vice President
Hills Bank and Trust C8mpany
1401 S Gilbert St
Iowa City, IA 52240
319-338-1277 ex!. 2223
866-866-8901 (toll free)
1/9/2007
1//1 hJdl'Li .--&
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Prepared by: Sarah Okerlund, Civil Engineer, 410 E Washington St, Iowa City, IA 52240 319-356-5149
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY INTERESTS NECESSARY
FOR CONSTRUCTION OF THE U.S. HIGHWAY 6 & GILBERT STREET INTERSECTION
IMPROVEMENT PROJECT.
WHEREAS, the City of Iowa City desires to construct the U.S. Highway 6 and Gilbert Street Intersection
Improvement Project ("Projecf') which includes dual left-turn lanes to Northbound and Southbound Gilbert
Street at its intersection with U.S. Highway 6; and
WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under
State and Federal law, and has further determined that acquisition of certain property rights is necessary to
construct, operate and maintain the proposed project; and
WHEREAS, the City staff has determined the location of the proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary property rights at the best overall price to
the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1. The City Council finds that it is in the public interest to acquire property rights by warranty deed,
quit-claim deed, and/or easement for the construction of the U.S. Highway 6 and Gilbert Street
Intersection Improvement Project ("Project") which Project constitutes a public improvement under
Iowa law. The City Council further finds that acquisition of said property rights is necessary to carry
out the functions of the Project, and that such Project constitutes a valid public purpose under state
and federal law.
2. The City Manager or designee is hereby authorized and directed to negotiate the purchase of
property rights by warranty deed, quit-claim deed and/or easement for the construction, operation
and maintenance of the Project. The City Manager or designee is authorized to sign purchase
agreements for the purchase of property and/or easements, and offers to purchase property and/or
easements.
3. The City Manager or designee, in consultation with the City Attorney's Office, is authorized and
directed to establish, on behalf of City, an amount the City believes to be just compensation for the
property to be acquired, and to make an offer to purchase the property for the established fair
market value.
4. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized to execute and
attest easement agreements and agreements in lieu of condemnation. The City Attorney is hereby
directed to take all necessary action to complete said transactions, as required by law.
5. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City
Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any
and all property rights necessary to fulfill the functions of the Project, as provided by law.
Resolution No.
Page 2
Passed and approved this
day of
,20_.
MAYOR
ATTEST:
CITY CLERK
It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
pweng\masters\acquireprop.doc
City Attorney Office
1z/~"'/&9C.P
the Resolution be
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn